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5th 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 5 to the Amended and Restated Haul-out-Transfer Stations Onerations and Maintenance Agreement This Extension and Amendment 5 to the Amended and Restated Haul-Out, Transfer Stations,Operations and Maintenance Agreement dated May 21, 2014 is entered into this day I Ph day of September, 2024 between Waste Management Inc, of Florida ("WM") and Monroe County Board of County Commissioners("County"or"BOCC"). WHEREAS, the County entered into the Amended and Restated Haul-Out, Transfer Stations, Operations and Maintenance Agreement (Agreement) on May 21, 2014, as amended March 18, 2015, May 20, 2015, April 20, 2022 and July 20, 2022; and WHEREAS,the Agreement provides that either party may request for renewal of the Agreement for one additional period of five years on the terms and conditions set forth herein and if approved a formal amendment must be executed by the parties; WHEREAS, WM has agreed to extend the Agreement for an additional 5 year period with an adjustment to the operation and disposal fee, an revision to the Consumer Price Index (CPI)adjustments,and WM will no longer provide a discounted rate for Islamorada Waste; WHEREAS,the parties wish to extend this Agreement for an additional 5 years period and to amend the terms as noted below; NOW THEREFORE, in consideration of the promises and the mutual obligations undertaken herein, the parties hereby agree as follows: I. The Term of the Agreement shall be extended for an additional five(5)year period to September 30, 2029. 2. Section 2.04(b)of the Agreement shall be amended to read as follows: (b) Facility Repair and Maintenance. The County agrees to continue leasing the Facility to the Operator during the term of this extension agreement. The Operator shall be responsible for routine repair and maintenance at the Facility. The responsibility for repair and maintenance means that the Operator, at its expense, must:(i)keep the Facility in good repairand maintenance and keep on hand an adequate supply of any and al I spare and replacement parts to assure that the Facility will be operated in accordance with this Amended and Restated Monroe County Haul Out, Transfer Stations Operations and Maintenance Agreement; (ii) promptly repair any serious damage to the Facility caused by the Operator; and (iii) perform the County's reasonable requests regarding special housekeeping efforts in and around the Facilities and Facilities' sites. Notwithstanding the foregoing, any repair or replacement to each Facility costing in excess of$30,000 annually shall be the financial responsibility of the County. At all times, the Operator must: (i)operate the Facility incompliance with all applicable federal, state and local laws, rules, regulations,and permits; (ii) promptly notify the County if the Facility should be seriously damaged,without regard to cause. 3. The operation and disposal fee as set forth in Section 3.01-Operation and Disposal Fee 1 shall be amended to:ref lect that the County,effective October 1,2024;shall pay the: : • • • • . Operator an:operation and disposal fee of$125.09 per ton.• i 4.: : Section 3:03 s a l be revised to:add the:following: :: • :: : : :Effective.October 1,2025,the Operation:and Disposal Fee will:b:e adjusted annually.. : : : in accordance.with the Water, Sewer,Trash;CPI,:but the adjustment:shall be at no ' . . . more than a 7%:increase annually(and.no negative CPI adjustment shall be : ' ' allowed). ; • • . : :. . : . . : : 5: Section 3.04 Disposal Fee for lslamnorada's Solid Waste shall be revised/deleted effective : ' October 1,2024• : : : f: This agreement shall be amended to include".removal"of all:references to:the. : :: : • Operation Plan and• Design an• d Construction contract. 7. Section 6:11 Notices;the Operator's neW address is as:follows: _ . : As to the Operator: Waste Management Inc.of Florida 4 1800 N,Military Trail, Suite 20:1, Boca Raton, FL 33431 �.,..: . : : 1 . 8. The remain.in terms of the:Agreement,as amended,remain in full force an ect: `�� 1 � IN.WITNESS WHEREOF,each:party has caused this Agreement to be executed by;its duly,' authorized representative on the day and year first above:written. : t==3: : ' ; �l (SISAL)'Vi\ . : : BOARD.OF COUNTY COMMISSIONERS . . : e� -- �� '!.;'Attst. KEvI�MADOK,Clerk OF MONROE COUNTY,FLORIDA :. _,:f, 0-3,-,,T.,.'4..;',•s) .i ' :: . . slit!'''',:•!, r Y'3'Yy:3a�a � nip�i. d t!r(� h R l /�t i tf)7. g1a tom`'-._- _ �� -_-VAtIO•144UP; =M Dc 1.Ptg--t.),7",;', ty Clerk: .. : : Mayor . : Attest;Y-._-, . IAA Lisa . i l va;Asst.Secretary David:Myhan Promo .ent : . : : . Y` •�.d � e F i iF�i;-. �MONROE COUNTY ATTORNEY '• `•i'z:‘+ `,: j ; PPR .V.D AS TO FORM: • wow ' _ y''"_ CHRISTINE LIMBERT-BARROWS c:tt Xi obi 5;,,,„„ns..,.. : . ." ASSISTANT COUNTY ATTORNEY . : : . tt. DATE:: 9/6/24•� its� 1 ..: 7� a4 .. .. .. t` 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