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3rd Amendment 08/21/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 9, 2024 TO: Cheryl Sullivan, Director Solid Waste Department Mary Marks, Solid Waste Coordinator Solid Waste Department FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: C26 Extension and 3rd Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Ocean Reef Club, Inc. dba Ocean Reef, for an additional 5-year period, for a term of October 1, 2024, through September 30, 2029, for solid waste collection services and authorization to exercise the exemption from competitive bidding provisions for solid waste services. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 EXTENSION AND AMENDMENT TO THE AMENDED AND RESTATED SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT This Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated July 16, 2014 (hereinafter referred to as "Agreement") ismadoandentered into on this 21't day of August 2024 by and between THE BOARD OF COUNTY COMMISSIONERS OF MONROEOJUNTY 1100 Simonton St., Key West, FIL 33040,a political subdivision of the State of Florida (hereinafter referred to as"County"or"Franchisor")and The Ocean Reef Club, Inc. dba Ocean Reef Club,a Florida not for profit corporation whose address is 35 Ocean Reef Drive, Key Largo, Florida 33037 (hereinafter referred toas"DR["or"Franchisee") WHEREAS,the parties entered into a Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014(Agreement)for a period of 10 years to ending on September 30, 2024 and which provides for a5'year period; and WHEREAS, in accordance with the Agreement the Franchisor wishes to exercise its exclusive option and extend the Agreement for an additional five(5)year period upon the mutually agreeable terms as set forth herein;and WHEREAS,the parties wish to amend the Agreement as set forth herein which includes but is not limited to limiting yard waste collection to ten (10) 32-gallon cans per week and not allowing bundles; revising the Consumer Price Index(CPI); and revising the definitions including the definition for bulk pick-up and including limitation for bulk waste pick-ups to four(4)pick-up per fiscal year of 2.5 cubic yards as set forth herein; revising the Residential Collection Rates (per unit)effective October l, 2024 and adding an additional five year renewal period;and WHEREAS,the Franchisee is willing and able to provide the collection services as set forth therein; and WHEREAS,the County pursuant to Monroe County Code §2-347(e)(5) previously exercised its option to waive competitive bidding for this Agreement and hereby continues to waive competitive bidding in accordance with Monroe County Code§2-347(e)/5\;and WHEREAS,the parties desire to enter into this Extension and Amendment to the Agreement; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND BENEFITS,THE PARTIES AGREE AS FOLLOWS: I. |n accordance with paragraph 1.TERM,the Agreement will be extended by the County for an additional Five(5)year period and will terminate mn September 30,2029. 2. Paragraph 1'TERM will be revised to add the following: This Agreement shall be extended by the parties for an additional five (5)year period to September 30,2034, at the same terms and conditions, upon providing one hundred twenty (120)days written notice by electronic mail/email to the other party of its intent to extend the Agreement prior to the expiration of the current term mf September 3O^ 2029. if such email notification is not provided and an extension of this agreement is not executed by the parties then this Agreement shall terminate un September 3O, ZOZ9. Monroe County shall have the 1 right to unilaterally extend the term for a period of ninety(90)days under the same terms and conditions as set forth herein. The County/Franchisor shall have the sole exclusive option to extend the Agreement by formal Amendment, at the same terms and conditions,for an additional five (5)year period to September 30,2039, upon one hundred (120) days written notice by electronic mail/Email to the Franchisee prior to the expiration of the extended term of September 30, 2034, if extended as set forth above. If such email notification is not provided this Agreement shall terminate un September 30, 2029, if extended period is exercised as set forth above. Monroe County shall have the right to unilaterally extend the term for a period of ninety(90)days under the same terms and conditions of the extended term. 2.The parties agree to amend paragraph 2. Definitions to add or revise certain definitions as follows: Bulk(or Bulky)Trash—shall mean any non-vegetative item that cannot be containerized or bundled; including, but not limited to, inoperative and discarded refrigerators,ovens/ranges, clothes washer and dryer, microwaves,TV's, and other similar domestic appliances; household goods,furniture, area rugs(rolled and tied,with a maximum size of 8 x 10). "Home Improvement items or materials",which include, but are not limited to,cabinets,drywall, lumber,toilets, bathtubs,water heaters, paneling, doors,windows,ac units,and other such construction-related materials, are not considered bulk trash. "Bulky trash or waste"does not include large items such as car bodies, camper shells, mobile homes,trailers,jacuzzi tubs or spas, boat hulls or boat motors or other marine or automotive parts,exercise equipment such as treadmills,e||iptica|s, n/bicycles, and any other items that cannot be safely lifted and collected by one person. In addition, bulky wastes do not include any hazardous or special waste as well as any other item or items that in the future maybe land banned byregulation. Collection shall mean the process whereby Residential Solid Waste and Recyclable Materials and Vegetative Waste,Commercial Solid Waste and Recyclable Material are removed and transported toa designated facility. Commercial Recycling Collection Service-shall mean the collection of Recyclable Materials by the Franchisee from business entities and any or all collection services not covered in Residential Recycling Collection Service within the Service Area. Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Franchisee from Dwelling Units in the service area that require the use of Recycling Cart(s) or containers supplied by the Franchisee for the collection of recyclable materials and the delivery of those recyclable material to the Materials Recycling Facility, Containerized Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage, Rubbish, Bulk Trash or Vegetative Waste are collected by means of a central or shared Container and not by means of a Garbage Cart or Receptacle.Vegetative Waste shall not be commingled with Garbage, Rubbish, or Bulk Trash. 2 Contract Administrator shall mean the Solid Waste Management Director or other person designated bythe Franchisor who shall act as the representative mfthe Franchisor during the term of this Agreement. Garbage Cart/Tote shall mean rigid,covered 96-gallon wheeled cart to be used for the collection of residential garbage only. Receptacle shall mean any commonly available light gauge steel, plastic or galvanized receptacle of non-absorbent material,closed at one end and open at the other, furnished with a closely fitted top or lid, handle(s)and without any jagged or sharp edges.A garbage receptacle is also defined as a heavy duty,securely tied plastic bag designed for use asaga+bagereceptacle.Any receptacle made from plastic drums with rope handles,or slots cut into the sides for handles, is not an acceptable garbage receptacle.Any receptacle including waste material shall not exceed thirty-two(32) gallons in capacity or fifty(50)pounds in weight, unless a Franchisee implements(with written authorization from the Contract Administrator or his or her Designee)an automated or semi-automated collection system requiring the use of some other standard receptacle compatible with the Franchisee's equipment. Service Area shall mean that portion of the unincorporated area of the County and any municipalities as described in Exhibit 1,for which the Franchisee has an executed Collection Agreement. 3' The parties agree to amend paragraph (4.A.(1))4.Solid Waste Collection Services A.Curbside Residential Solid Waste,Vegetative Waste,Vegetative Waste and Bulk Trash Collection Services(1)as follows: A. Curbside Residential Solid Waste,Vegetative Waste and Bulk Trash Collection Services (1) Conditions and Frequency ofService All Curbside Residential Solid Waste/garbage shall be properly contained in Garbage Cart/Tote/Receptacle provided by the Franchisor and Franchisee and Regular Vegetative waste shall be properly containerized in Receptacles or otherwise prepared for collection. Residents of the Dwelling Unit may request an additional Garbage Cart/Tote from the Franchisee for an additional fee/charge.The fee/charge will be directly paid to the Franchisee, annually.The County will approve the fee/charge in writing, but the fee will be based upon the disposal and collection fee imposed by the annual special assessment.Vegetative waste shall be separated from Residential Solid VVaste/8arbage. No filled receptacle shall exceed fifty(5O) pounds in weight. (Regular Vegetative Waste will be as defined herein. Curbside Residential Solid Waste Collection Service, except for permitted holidays,shall be provided twice per week with not less than forty-eight(48) hours or more than seventy-two(72) hours between regular scheduled pick-up days. Regular Vegetative waste shall be picked up by the Franchisee not less than once every seven /7\ days on a scheduled route basis. No more than ten (10)32-gallon Receptab|esof vegetative waste will be picked every seven (7) days.Vegetative waste in excess of ten (10)32- gallon receptable will be considered excess yard waste/horticultural trash and may be picked up at an additional charge for collection and disposal. Payment will be made directly to the 3 Franchisee. Oversized vegetative waste and bulk trash as defined in this Agreement shall be picked-up by the Franchisee within five (5) business days of notification by the resident of the Dwelling Unit.Oversize Vegetative waste and bulk trash must be placed at the usual accessible pick-up location.There may be a charge to the resident for Oversize Vegetative Waste and Franchisee will inspect the material and provide a quote for such service.The resident may utilize the service at the quoted rate or utilize another lawful means or entity to manage the material. Franchisee agrees not to combine or comingle Vegetative Waste with Garbage.The Franchisor has separate yard waste processing program and therefore requires Franchisee to provide separate collection of yard waste.The Franchisee shall provide for a twice a week collection of garbage/solid waste,once a week collection of yard waste and once a week collection of recycles from residents unless otherwise approved in writing by the County.The separate day of collection of yard waste and recyclable shall be provided at no additional cost to the Franchisor, 4. The parties agree toamend paragraph (4.0. (1))4.Solid Waste Collection Services B. Containerized Residential Solid Waste Collection Service esfollows: (1) Conditions and Frequency ofService The Franchisee shall provide Containerized Residential Solid Waste Collection Service to Multi- Family Dwelling Units of four(4)or more in the Service Area that are suitable to receive such service and request such service or upon request from single Dwelling Units when additional service is requested.The size and location of the container and the frequency of collection shall be determined by the Franchisee and the residential complex, in accordance with this Agreement.The level of service shall be sufficient to meet customer needs in a safe and sanitary manner. In the event of an unresolved dispute involving the level and type of service to be provided,the location and size of Containers or the frequent of service,the Contract Administrator shall make the final determination.The Franchisee shall be paid the appropriate container maintenance fee in accordance with Exhibit 11 for service to Family Dwelling Units of four(4) or more.Single Family Dwelling Units will be credited for the annual special assessment and charged the difference for the additional container annually by the Franchisee.A minimum of once per week service is require of all customers, or such other minimum frequency as provided by law. Service shall not exceed a maximum of twice per week.Such service shall be provided by mechanical container as defined herein. S. The parties agree to Amend paragraph (S. B.)S. CHARGES,RATES,AGREEMENT AMOUNT AND LEVELS OF SERVICE B.Solid Waste and Recycling Collection Rate Adjustments tm add the following: Effective October 1, 2025,the annual adjustment tnthe Solid Waste and Recycling Collection (which includes Residential Solid Waste and Commercial Recycling Collection Service and Commercial Solid Waste Collection Service)will be adjusted in accordance with the Consumer Price Index for All Urban Consumers(CPIU)for,Water, Sewer,Trash index ending December 31",adjusted annually, and no more than 7%. 4 6' Effective October 1,2024,Exhibit 11 shall be revised to adjust the Residential Collection Rates (per unit)for the Solid Waste Curbside Service osfollows: Residential Collection Rates(per unit) Services ur side Service Solid Waste $ 15.09 (2x/wk.) 7' The parties agree to revise paragraph 00' Public Access tm read asfollows: PUBLIC ACCESS Franchisee must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. Franchisor and Franchisee shall allow and permit reasonable access to, and inspection of,all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes,and made or received by Franchisor and Franchisee in conjunction with this Agreement. Franchisee is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Franchisee is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Franchisee does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Franchisee or keep and maintain public records that would be required by the County to perform the service. |fthe Franchisee transfers all public records to the County upon completion of the contract, the Franchisee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Franchisor keeps and maintains public records upon completion of the contract,the Franchisee shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County, upon request from the [ounty'ucustodion of records, in a format that is compatible with the information technology systems mf the County. (5) A request tu inspect or copy public records relating tna County contract must be made directly Lo the County, but if the County does not possess the requested records,the County shall immediately notify the Franchisee of the request, and the Franchisee must provide the records to the County or allow the records tmba inspected or copied within a reasonable time. if the Franchisee does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Framchisee.A 5 Franchisee who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Franchisee shall not transfer custody,release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE FRANCHISEE/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES, TO THE FRANCHISEE/CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-B .... ( MONROECOUNTY-FL.GOV„ MONROE COUNTY ATTORNEY'S OFFICE 1111 12' Street, SUITE 408, KEY WEST, FL 33040. Violation of this subsection is considered a default under this Agreement and shall be addressed as set forth in paragraph 30 above. 8. The parties agree to add the following in accordance with F.S.448.095: 62. E-Verify System-In accordance with F.S.448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien.The Contractor shall comply with and be subject to the provisions of F.S.448.095 9. The remaining terms of the Franchisee Agreement,as amended,remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Franchise Agreement to be executed by their •,-, ;; , e;s`tee Live authorized representatives as of the date first above written, fit} e_:, z✓ y f� +`G\\i f.r�3 ti� sty , �,.....n..s.^.+., R •h,;;:;:'' L'3--1,3 `A rJ EST:°K�E(IN MADOK,CLERK MONROE COUNTY BOARD OF COUNTY � y,-;,,�r ,,,, ' ', .-A. CO SSI''N. RS 1.9.1 �g IPA l''''.117:3,o4P,VI -14A t24(' CA t \'2.,=1:5" :7:,',"„?.; y.--„,, ,,,e,-. ,, or- ,,.:4 __,--f:e4k,.,,,i ,...,„....,,,At_,_, By: ,. �} -:,,,-As p 4r I k Mayor ^''��[¢• b1-.,.w,s -n h-:,...,ky e g) `'fit-:a'z:,.- ,f�'aj• c) -�ei ''.`. r,,..7,— ' �,,? Ewa i' �,j E9 f`J"T�'��51� c. + Jam+ �.w.* m. --i.?tD&•":4,,,- •may yI•�+�; CCY ,,,.,)�' ter/ (Seal)ATTEST: FRANCHISEE -v ' 2,7 ,,i-7:::75-.:: —0 70 ----,(--; = rn 6 y . ' i BY: By: ..............Title— ... 'itle LAVIeA^ \J? 0� MONROE COUNTY ATTORNEY jazt2clj P CHRISTINE LIMBERT-BARROWS ASSISTANT C DATE 9/%T/�4TTORNEY 7 EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 Residential Collection Rates (per unit) Services Curbside Service Solid Waste $ 15.09 (2x/wk.) Recycling $ 3.79 (1x/wk.) • Each eligible residence will receive one Garbage Cart/Tote from Monroe County • Replacement of Lost or stolen Garbage Carts/Totes will be at an additional cost and are the responsibility of residents. Commercial Rates Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Keys Sanitary, Ocean Reef 2024/25 CAN PICKUP RATE SCHEDULE Number of Pickups Per Week No. of Rate 32 gal cans" Element 2 3 4 5 6 2 COLLECTION $ 32.77 $ 48.96 $ 65.27 $ 81.67 $ 97.97 DISPOSAL $ 36.39 $ 54.47 $ 72.67 $ 90.90 $ 109.06 RECYCLING- $ 4.37 $ 6.54 $ 8.72 $ 10.91 $ 13.09 3 COLLECTION $ 48.96 $ 73.33 $ 97.97 $ 122.37 $ 147.04 DISPOSAL $ 54.47 $ 81.72 $ 109.06 $ 136.33 $ 163.58 RECYCLING- $ 6.54 $ 9.81 $ 13.09 $ 16.36 $ 19.63 4 COLLECTION $ 65.27 $ 97.97 $ 130.66 $ 163.32 $ 196.08 DISPOSAL $ 72.67 $ 109.06 $ 146.02 $ 182.53 $ 219.00 RECYCLING- $ 8.72 $ 13.09 $ 17.52 $ 21.90 $ 26.28 5 COLLECTION $ 81.67 $ 122.37 $ 163.32 $ 204.04 $ 289.59 DISPOSAL $ 90.90 $ 136.33 $ 182.53 $ 227.16 $ 272.59 RECYCLING- $ 10.91 $ 16.36 $ 21.90 $ 27.26 $ 32.71 6 COLLECTION $ 97.97 $ 147.04 $ 196.08 $ 254.90 $ 331.38 DISPOSAL $ 109.06 $ 163.58 $ 219.00 $ 272.59 $ 317.13 RECYCLING- $ 13.09 $ 19.63 $ 26.28 $ 32.71 $ 38.06 *Based on 32-gallon cans *Solid Waste service may be available in either 64-gallon or 96-gallon Carts provided by franchisee at an equivalent rate per cubic yard. Monthly cart rental is $5.00 for each 32-gal & 64-gal cart and $10.00 for each 96-gal cart. *Recycling must be in carts, not cans. **Recycling is subject to a Processing Charge at a rate of 12% of what disposal cost would be, plus cart rental. EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week Container Rate Size Element 1 2 3 4 5 6 7 1 COLLECTION $ 56.33 $ 112.67 $ 169.00 $ 225.33 $ 281.67 $ 338.00 $ 394.33 DISPOSAL $ 56.05 $ 115.03 $ 172.55 $ 230.06 $ 287.59 $ 345.10 $ 402.62 RECYCLING- $ 6.73 $ 13.80 $ 20.71 $ 27.61 $ 34.51 $ 41.41 $ 48.31 2 COLLECTION $ 112.67 $ 225.33 $ 338.00 $ 450.67 $ 563.33 $ 676.00 $ 788.67 DISPOSAL $ 115.03 $ 230.06 $ 345.10 $ 460.10 $ 575.15 $ 690.22 $ 805.20 RECYCLING- $ 13.80 $ 27.61 $ 41.41 $ 55.21 $ 69.02 $ 82.83 $ 96.62 3 COLLECTION $ 169.00 $ 338.00 $ 507.00 $ 676.00 $ 845.00 $ 1,014.00 $ 1,183.00 DISPOSAL $ 172.55 $ 345.10 $ 517.63 $ 690.21 $ 862.77 $ 1,035.30 $ 1,207.85 RECYCLING- $ 20.71 $ 41.41 $ 62.12 $ 82.82 $ 103.53 $ 124.24 $ 144.94 4 COLLECTION $ 225.33 $ 450.67 $ 676.00 $ 901.33 $ 1,126.67 $ 1,352.00 $ 1,577.33 DISPOSAL $ 230.06 $ 460.10 $ 690.21 $ 920.26 $ 1,150.33 $ 1,380.40 $ 1,610.46 RECYCLING- $ 27.61 $ 55.21 $ 82.82 $ 110.43 $ 138.04 $ 165.65 $ 193.26 6 COLLECTION $ 338.00 $ 676.00 $ 1,014.00 $ 1,352.00 $ 1,690.00 $2,028.00 $ 2,366.00 DISPOSAL $ 345.09 $ 690.22 $ 1,035.30 $ 1,380.40 $ 1,725.48 $2,065.24 $ 2,415.71 RECYCLING- $ 41.41 $ 82.83 $ 124.24 $ 165.65 $ 207.06 $ 247.83 $ 289.89 8 COLLECTION $ 450.67 $ 901.33 $ 1,352.00 $ 1,802.67 $ 2,253.33 $2,704.00 $ 3,154.67 DISPOSAL $ 460.10 $ 920.26 $ 1,380.40 $ 1,840.55 $ 2,300.70 $2,760.82 $ 3,220.95 RECYCLING- $ 55.21 $ 110.43 $ 165.65 $ 220.87 $ 276.08 $ 331.30 $ 386.51 10 COLLECTION $ 563.33 $ 1,126.67 $ 1,690.00 $ 2,253.33 $ 2,816.67 $ 3,380.00 $ 3,943.33 DISPOSAL $ 575.12 $ 1,150.24 $ 1,725.36 $2,300.48 $ 2,875.60 $ 3,450.72 $ 4,025.84 RECYCLING- $ 69.01 $ 138.03 $ 207.04 $ 276.06 $ 345.07 $ 414.09 $ 483.10 Collection rates for Solid Waste and Recycling are $13.00 per cubic yard. Disposal fees as estimated above apply to Solid Waste and are subject to change by Monroe County. A Processing charge will apply to Recycling services. Compacted collection waste and recycling rates are 3X the amount shown in the rate available above. • Additional Garbage Carts/Totes are available from Franchisee for a rental fee of $120 per year, payable in advance, plus additional fees for service and disposal. • Replacement of lost or stolen Garbage Carts/Totes will be an additional cost for replacement. EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 SPECIAL SERVICES Frequency 1 2 3 4 5 6 7 Rolling Out Container (and returning it to original $26.36 $52.73 $79.09 $ 105.43 $ 131.82 $ 158.17 $ 184.52 location) Non-Medical Back Door Service(Residential NEGOTIABLE Curbside Only)" Open (and closing) Doors or Gates $8.66 $ 17.32 $25.99 $34.64 $43.30 $ 51.96 $60.62 Locks and Containers Negotiable From $27.30 to $210.73 Unlocking Containers $ 11.84 $23.68 $35.52 $47.36 $ 59.20 $71.04 $82.88 *There will be no additional charge for those residents medically unable to bring solid waste or recyclables to curbside. Back door service to all other customers may be offered by Franchisee at fees to be negotiated. ONE TIME CHARGES Supplying (and retrofitting) locking Mechanism on Container $ 115.00 Lock: Supply lock for locking mechanism $30.00 Adding wheels to or changing wheels on 1-, 2-, and 3-yard Containers only No Charge Moving Container Locations (if Feasible) Per Customer Request $ 100.00 Adding or changing lids on Containers No Charge Setup Fee: The Setup of New or Cancelled Accounts Return Fee: Charge to Return Container when removed for $55.00 Non-Payment Credit Card Convenience Fee Not to exceed fee charged by customer's credit card company EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 ROLL OFF COMPACTOR RATES 10/1/2024 10 Cubic Yard J $ 1,690.00 Service 10 Cubic Yard D $ 1,724.24 Disposal 15 Cubic Yard J $ 2,535.00 Service 15 Cubic Yard D $ 2,586.40 Disposal 20 Cubic Yard J $ 3,380.00 Service 20 Cubic Yard D $ 3,448.57 Disposal 30 Cubic Yard J $ 5,070.00 Service 30 Cubic Yard D $ 5,172.77 Disposal 34 Cubic Yard J $ 5,746.00 Service 34 Cubic Yard D $ 5,862.49 Disposal 40 Cubic Yard J $ 6,760.00 Service 40 Cubic Yard D $ 6,897.04 Disposal Lease per Compactor $ 1,304.21 Service AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Vendor FEIN: Vendor's Authorized Representative: o .... ........... (Name and Title) Address: city: State: zip: Phone Number: Email Address: 1ti�10Y 4_ Cu_-Y, _ As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: __ . V Sk .... ­-, who is authorized to sign on behalf of the above referenced company. Authorized Signature:,,,,,,,-,, Print Name:_—, n t,,[ iu Title:___ \/17 Olt oqr_( VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): and Recycling Solid rite Collection Respondent Vendor Name v _. �t c. ..... .. ...,. �....... w Vendor FEIN: Vendor's Authorized Representative Name and Title. / o JS� t111 Vf m_ 1 v,C Z Address: ?,; ....,,... � ......_ _ . .. { t .... o City' State: _ .......... zip: ...... ...........-- Phone Number: Email Address: ......... occ 46-.fJ:....:;.:: .o..?-^ Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. _ o us , Certified By: i- who is authorized w/el^...........�'C ------ . ... . ..... ..... to sign on behalf of the above refL�nced company. Authorized Signature:. Print Name: __._ ,, .v/e'^....___. 0 V Title ... ... ,,... a,.c ............ -------- .....__. Note: The List are available at the following Department of Management Services Site: q.�: 1 hu,' gWu VNII ��tl1i qtl a tl 4 A " � 9 p ,.9�.N tit pi�,ll,s ���L �. �NN�u" �'p,��� ��N,�wTN� aN��4;"NNrN 1i gN � U'S m� eapNw �Ilnw i NN w iw r N Nunlrrnriq .ww : vendor lkfiw OCEAREE-02 JKRICK ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2YYYY) �..•---�' 8/9/204 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT games Krick NAME: The Loomis Company P&C Division PHONE FAX 850 N Park Road (A/C,No,Ext):(610)374-4040 2239 (A/C,No): Wyomissing, PA 19610 ADDRIESS:jkrick@loomisco.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Everest National Insurance Co 10120 INSURED INSURER B:Lexington Insurance Company 19437 Ocean Reef Club,Inc. INSURERC: 35 Ocean Reef Drive,Suite 200 INSURER D Key Largo,FL 33037 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE Xrl OCCUR RM8GL00060-241 6/1/2024 6/1/2025 DAMAGE TO RENTED 1,000,000 X PREMISES Ea occurrence $ X SIR$25,000 MED EXP(Any oneperson) $ 0 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: d GENERAL AGGREGATE $ 2,000,000 � +� PRO- 2,000,000 POLICY� JECT � LOC I u � PRODUCTS-COMP/OPAGG $ OTHER: ,�� _,. w m $ BINED SINGLE LIMIT AUTOMOBILE LIABILITY 8 12 24 EaCOM accident $ ANY AUTO �p �* BODILY INJURY Per person) $ OWNED SCHEDULED WAMMr AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 007020654 6/1/2024 6/1/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Ocean Reef Club,Inc.Solid Waste&Recycling Collection,35 Ocean Reef Drive Suite 200,Key Largo,FL 33037 Certificate Holder is included as an additional insured on the General Liability policy as where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Florida Risk Management Dept 5100 College Road Key West,FL 33040 AUTHORIZED REPRESENTATIVE .Tames R. Loomis ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OCEAREE-02 JKRICK ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2YYYY) �..•---�' 8/9/204 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT games Krick NAME: The Loomis Company P&C Division PHONE FAX 850 N Park Road (A/C,No,Ext):(610)374-4040 2239 (A/C,No): Wyomissing, PA 19610 ADDRIESS:jkrick@loomisco.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Sentry Casualty Company 28460 INSURED INSURER B Ocean Reef Club,Inc. INSURERC: 35 Ocean Reef Drive,Suite 200 INSURER D Key Largo,FL 33037 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PEC LOC ,� * PRODUCTS-COMP/OPAGG $ OTHER: :A7 w $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea acc 81224 ident $ DATE ANY AUTO �­ _­ m BODILY INJURY Per person) $ OWNED SCHEDULED WAMM � ,_� AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER v/N 9018672001 5/1/2024 5/1/2025 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE ❑ E.L.EACH ACCIDENT $ EXCLUDED? OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St,.Rm 2-231 Key West,FL 33040 AUTHORIZED REPRESENTATIVE .Tames R. Loomis ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OCEAREE-02 TMILLER ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Loomis Company P&C Division PHONE FAX 850 N Park Road (A/C,No,Ext):(610)374-4040 (A/C,No):(610)376-1049 Wyomissing, PA 19610 ADDRIEss: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Everest National Insurance CO 10120 INSURED INSURER B: Ocean Reef Club,Inc. INSURER 7 35 Ocean Reef Drive,Suite 200 INSURER D: Key Largo,FL 33037 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ "y MED EXP(Any oneperson) $ BY DATE PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO WAIVER N/A_YES_ POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 Ea accident $ X ANY AUTO RM8CA00114-241 6/1/2024 6/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Ocean Reef Club,Inc Solid Waste&Recycling Collection,35 Ocean Reef Drive Suite 200,Key Largo,FI 33037 Certificate Holder is included as a Designated Insured per CA2048 where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 11000 Simonton St., Rm.2-231 Key West,FL 33040 AUTHORIZED REPRESENTATIVE .Tames R. Loomis ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: RM8CA00114241 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ONLY THOSE PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 INSURED COPY