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1st Amendment 09/11/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 20, 2024 TO: Cheryl Sullivan, Director Solid Waste Department Mary Marks, Solid Waste Coordinator Solid Waste Department FROM: Liz Yongue, Deputy Clerk SUBJECT: September 11, 2024 BOCC Meeting The following items have been executed and added to the record: C2 Extension and 5th Amendment to the Amended and Restated Solid Waste Haul Out and Operation Agreement with Waste Management of Florida, Inc., for an additional 5-year period, for a term of October 1, 2024, through September 30, 2029, for solid waste haul out, disposal and operation services and authorization to exercise the exemption from competitive bidding provisions for haul out, disposal and operation services. C3 Extension and 1 st Amendment to the Amended and Restated Recycling haul out Agreement with Waste Management of Florida, Inc., for an additional 5-year period, for a term of October 1, 2024, through September 30, 2029, for recycling process services and authorization to exercise the exemption from competitive bidding provisions for recycling haul out 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 Restated and Amended Recyclables Disposal and Operations Agreement This Extension and Amendment to the Restated and Amended Recyclables Disposal and Operations Agreement dated May 21, 2014, is entered into this I Vh day, of September 2024, between Waste Management Inc. of Florida("WM"or"Operator") and Monroe County Board of County Commissioners ("County"or"BOCC"). WHEREAS,the County entered into the Restated and Amended Recyclables Disposal and Operations Agreement(Agreement)on May 21, 2014;and WHEREAS,the Agreement provides that the County shall have the exclusive option, upon agreement of the Operator,to extend the Agreement by formal amendment upon approval by the County BOCC, upon mutually agreeable terms and conditions, for an additional five(5) year period upon one hundred and twenty (120) days written notice prior to the expiration of the current term; and WHEREAS, WM has agreed to extend the Agreement for an additional 5 year period with an adjustment to the operation and disposal fee, a revision to the Consumer Price Index (CPI)adjustments, using the Water,Sewer,Trash CPI. WHEREAS,the parties wish to extend this Agreement for an additional 5 year period, and to otherwise amend the terms as noted below including to provide for termination of the agreement by the County which may be exercised upon 180 days'notice to the Operator should the County implement an alternative recycling operation and disposal program or to amend the agreement in order to lower the disposal rate if an alternative haul-out vendor can be procured to provide those services. NOW THEREFORE, in consideration of the promises and the mutual obligations undertaken herein, the parties hereby agree as follows: 1. In accordance with Paragraph 6.01 Tenn,the Term of the Agreement shall be extended for an additional five(5)year period to September 30,2029. 2. Article 1,Certain Definitions, the definition of"Recyclables"or "Recyclable Material"shall be amended to state the following: "Recyclables" or"Recyclable Material"means those materials which are capable of being recycled and which would otherwise be disposed of as solid waste. Such Recyclables are: . Aluminum cans and beverage containers p, Glass bottles and food containers—all colors Ferrous(iron)cans • Polyethylene Terephthalate (PET) Plastic containers (typically marked with the#1—narrow neck only) 1 • High Density Polyethylene (HDPE) Natural plastic containers (typically marked with the symbol#2— narrow neck containers only such as milk and water jugs) • HDPE Pigmented plastic containers (typically marked with the symbol #2 — narrow neck containers only such as detergent„ shampoo, bleach bottles) • Plastics that typically have symbols #3, #4, #5, #6, #7 — narrow and screw top containers • Mixed Residential Paper — mixed residential paper consists of a mixture of various qualities of paper not limited as to type of fiber content—acceptable fibers include newsprint,old,corrugated cardboard (to include pizza boxes, grease free and food free), magazines, catalogs, cereal boxes, shoe boxes, telephone books, printer paper, copier paper, mail and all other office paper without wax liners,, • Other items that the Operator and County mutually agree in writing are Recyclables. 3. Paragraph 2.01 Commitment to Receive, Process, Transport and Market Recyclables and other Related Materials and Paragraph 5.04 Termination of Agreement by the County shall be amended to include the following: The County may seek to implement an alternative recycling operation and disposal program. If the County implements an alternative recycling operation and disposal program, the County may terminate this Agreement upon providing one hundred and eighty (180) days notices to the Operator by electronic mail. 4. The processing fee as set forth in Sec. 3.01 B. Processing Fee shall be revised effective October 1, 2024, to$105.00 per ton of recyclables materials delivered to the Facility. 5. Paragraph 3.01 B. Processing Fee shall be revised to add the following: Effective October 1, 2025, the Processing Fee will be adjusted annually in accordance with the Water, Sewer,Trash CPI as set forth above, the adjustment will be annually and no more than a 7% increase annually(and no negative CPI adjustment shall be allowed). 6. Paragraph 3.01 C. Rebate shall be deleted. 7. Paragraph 3.01 D. Share of Revenue shall be deleted. 8. Paragraph 6.35 Public Awareness Campaign shall be deleted. 9. The remaining terms of the Agreement, as amended, remain in full force and effect. 2' IN'WITNESS WHEREOF,each'party.has caused this Agreement to be executed by its duly: . •authcirized•representative on the day andi year first above written.: . . . . . •vF/l '':r`! �t 9 A .�. S''a Fz/y,,y' • ■OF COUNTY ON l S- . 1/ ner IY s-(SEA.L_, •• • • BOARDV C UNT C MM SSI E j,i,;., ;Attest:•kE\�I- •NADOK;•Clerk • • OF.. 0 N.. . :.C•U • Y. FLORIDA .• •. • .. ,•;:t‘••'.'?::••:,•}' (f.:',`..,':.V,-;:s:',',•-•,.•• i• . ,,,;,,,,•,,,,,.,,,,,,,,oly t„,.._.,,,, . .• • . • • ,. . • , •" . , . • .. •.. .op . . .. .• •.. . . 0.•. i.--: . - ... - . • • . . . ..• . - . . .• . •• •Y By . -Mayor . .4c1,,\.,. i i \,:::,,,,,,..\,. • . . : . . :• ..'q.',... .. . .. . • .. � 171 , j By; v� ..aytL t�d + : ••to4uI'2 � _ : • + _ __ . . • �- ° �? i. L uty Cl',":,.-.,.''''7',...!..i .:!•::2-1-,;-!-,...ii.4•..11.4. :6-'47.'F'i-•i•-..df.7-,,,t1:5;,,,,:1/4''''''''".,..;':;<-':,:?',..."..,/.. -.. . i erk • .• • : . . : ..' •.... H . 1•:'.. .. .. . .• 1 ... .-....*.. .*. . .-.. • . .• .• • : - ;.:,7;'7Attest... r.�' • .. : . ' : : . . • . WASTE MANAGEMENT•INC:OF •. • :. .p • • :''''' FLORID'... , ... ...• : •... - .• ... •,..• .. . - - H. . .• :. •• ,,. .. , .• : .• i. • .• .• . ... By:• - -••• I.• *,.' ..._•:•,•• :....1:"92ft...s.:, ' ' *-*. - :•* .- •• •-. ••• • -• - :• ••BY:•_•_:•,/..__.__ 1 ir...•••,.*:01. .•:.'.;•' ...''.,. I, .4.,...-.'-A-..••:: .- : • ••: .• • •• • :. •••, z i_ �P4..Silva;:Asst.•Secretary.. . . David:M yh� , . President : .•:. •-. ••._ :,. •,:;,...* .1.1.,Ali.i.'''..,,..• - • ••1 ' ' •• •• :; ••• ••• • :• -. •• i . . . .. ' .. I. '• • .. . .. '. .• . . * - . . . • . .. - . . •r 1:. -"Pt(.t' ) ••' , .. . . .. . MONROE COUNTY ATTORNEY• . . .. . . .+ ,3, .. •' t�$. .�PPR vx>a.as To Fo �: '1°•� •�r��• _anti- !�r � • - � '�,.J� 4L.II� J�"{i.�%:� 1 J • ... .'. t•� '� ; CHRiSTINELIMBERT-HARR:.:4112ird.0 WS.. ASSISTANT COUNTY ATTORNEY ..: : .. * : : :.''.,.,'..k3: -.!.. ..1.,,,1 :....... ..: •.:: ' •• • :-.. • 1 • :. •:- .-. i. 1 . . .• • '.. 1-.-. i.. -: . -- • •• .-. .. :. — • ••,' ,. :. -'.. .. .•'._ , ' • :" • '.::. .. ..—. . DATE:•9/13/24.. I.Nn.wt 1 it :�•' AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Wen Vendor FEIN: -i CA 14,51 16 i c� y- ror Vendor's Authorized Representative: '� rro,,r►� �" '��;� �t� 1 (Name and Trt1e) Address: t� f�f t .r 1 �+e ?4 N City. �������� �"'... State: w L Zip: �e �k 1 G mm.... Phone Number: ,,,,........ . � Email Address: . m ,� tm� ,„ _._. 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 II 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 Hy: " 1 1 I'­"r-' ` r-22 ,who is authorized to sign on behalf of the above referenced company. Authorized Sinature: Print Name. Title ,fie"` ,,,,,, R,r l Tv 1. . m VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Extension and Amendment 5 to the Amended and Restated Haul-out,Transfer Stations Operations&Maintenance Agreement, Description(s): and Extension and Amendment to the Restated and Amendment Recyclables Disposal and Operations Agreement Respondent Vendor Name: Waste Management Inc,of Florida Vendor FEIN: 59-1094518 Vendor's Authorized Representative Name and Title: David MMM hap President,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_ Address 1800 N. Mtlttar Trail Suite 201m City ....,Boca Rato..n State „Florida Zip: 33131 Phone Number: 954-9$4-2035 Email Address: Dmyhan(,a),wm com 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. Certified By: . David M Mhan ,who is authorized to sign on behalf of the above r enced comps y. Authorized Signature:.... a3, Print Name: David M. Mhany y n Title: President Note:The List are available at the following Department of Management Services Site: „es , information/convicted cted sus . ...� .w,�. _ ........... penm diicri suao[c�t,,,�o ,. tlntrir7,J,t1; �1 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/1/2025 12/13/2023 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 LOCKTON COMPANIES NAME:ACT 3657 BRIARPARK DRIVE,SUITE 700 PHONE FAX HOUSTON TX 77042 -M No,Ext: A/c,No E-MAIL 866-260-3538 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Co of North America 43575 INSURED WASTE MANAGEMENT HOLDINGS, INC.&ALL AFFILIATED, INSURER B: ACE American Insurance Company 22667 1300299 RELATED&SUBSIDIARY COMPANIES INCLUDING: INSURER C: ACE Fire Underwriters Insurance Company 20702 WASTE MANAGEMENT OF THE FLORIDA KEYS,INC. ycEPiorei yandcasr�trytnsruanoeconany 125 TOPPINO INDUSTRIAL DRIVE INSURER D: 20699 ROCKLAND KEY FL 33040 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 3436215 REVISION NUMBER: XXXXXXX 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYY LIMITS B X COMMERCIAL GENERAL LIABILITY y y HDO G48902339 1/1/2024 1/1/2025 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE�OCCUR PREMISES(Ea occurrence) $ 5,000,000 X XCU INCLUDED MED EXP(Any one person) $ XXXXXXX X ISO FORM CG00010413 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY JJECT Fx LOC PRODUCTS-COMP/OPAGG $ 6,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y MMT H10822294 1/1/2024 1/1/2025 (Ea eBINEDtSINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ XXXXXXX A TU OS ONLY SCHEDULED BODILY INJURY(Per accident $ XXXXXXX AUTOS ONLY X NON ONLY (PeOr PROPERTY DAMAGE $ XXXXXXX xi MCS-90 $ XXXXXXX D X UMBRELLA LIAB X OCCUR Y Y XEU G27929242 009 1/1/2024 1/1/2025 EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 DED I I RETENTION$ $ XXXXXXX A WORKERS COMPENSATION PER OTH- Y WLR C55517010(AOS) 1/1/2024 1/1/2025 X STATUTE ER B AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLR C55516881(AZ,CA&M 1/1/2024 1/1/2025 C OFFICER/MEMBER EXCLUDED? NN N/A SCF C55517083(WI) 1/1/2024UU2O2S E.L.EACH ACCIDENT $ 3,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 3,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 3,000,000 B EXCESS AUTO y y XSA H10822233 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT LIABILITY $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES (EXCEPT FOR WORKERS' COMP/EMPLOYER'S LIABILITY)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.ADDITIONAL INSURED IN FAVOR OF MONROE COUNTY BOCC(ON ALL POLICIES EXCEPT WORKERS' COMPENSATION/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. T 8. 2. T' DATE-- CERTIFICATE HOLDER CANCELLATION Ab :_ __. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3436215 AUTHORIZED REPRESENTATIVE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET KEY WEST FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD