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City Manager's UEt�.,
AUG 21 2012
August 22, 2012
AI Minner, City Manager
City of Sebastien
1225 Main Street
Sebastian, FL 32958-4165
Dear Mr. Minner,
Milo M. Zonka, CFP�'
LEED Green Associater"'
Government Affairs Manager
WASTE MANAGEMENT
OF FLORIDA INC.
7382 Talona Drive
West Melbourne, FL 32904
(321)409-6600
Enclosed please find the new Residential and Commercial Solid Waste Collection rates effective
October 1, 2012. The rates were adjusted in accordance with our contract terms with respect to
changes in CPI. Supporting documentation is included for your review.
Should you have any questions, please contact me at (321) 626-4770.
Sincerety,
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Milo Zonka
Government Affairs Manager — Florida Area
Cc: Mike Lewis
Geoff Golder
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Sebastian Effective 10/1/2012
Increase 1.68%
F R E Q U E N C Y
Includes Maintenance
1 2 3 4 5 6 Maint XPU
2 52.02 82.36 112.69 143.03 173.37 203.71 21.68 19.28
3 67.19 112.69 158.20 203.71 249.22 294.72 21.68 28.92
4 82.36 143.03 203.71 264.38 325.06 385.74 21.68 38.56
6 112.69 203.71 294.72 385.74 476.75 567.76 21.68 57.84
8 143.03 264.38 385.74 507.09 628.44 749.79 21.68 77.12
3.50 Billed Cubic Yard (Harris Same)
0.00 Billed Loose Yard (Harris Same)
0.00 fuel Surcharae ner AccounURate adiustment orocedure
10.48 Billed Cubic Yard Compactor (Harris Same)
9.64 Billed extra pickup per cubic yard
RES/DENT/AL RATES TO CUSTOMER- WASTE MANAGEMENT - BILLED:
Garba e Yard Trash �Otdl QU3lt2fl
Sin le home $12.94 $0.00 $12.94 $ 38.82
RESIDENT/AL RECYCLE RATES TO CUSTOMER- TAX - B/LLED by /NDIAN R/VER COUNTY:
Rec c/e
Sin le home 1.76
Multi Unit toter serviced 1.39
Mobile Hm Pk units toter serviced 1.19
Mobile Hm Pk units bin serviced 1.57
Note: Handicap "backdoor" service at above rates. No additional cost.
Ceiling Puil Container
15 Yard Open Top Per Pull $210.74 $122.1
20 Yard Open Top Per Pull $210.74 $122.1
30 Yard Open Top Per Pull $210.74 $122.1
40 Yard Open Top Per Pull $210.74 $122.1
20 Yard or less COMPACTION Containers Per Pull $210.74 $122.1
21 to 40 ard COMPACTION containers Per Pull $210.74 $122.1
ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES
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WAiTE MA1YAtiEMENTR
August 30, 2011
Mr. AI Minner, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958-4165
Dear Mr. Minner,
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Milo M. Zonka, CFP�
LEED Green AssociateTM
Gove�nmentAffaiis Manager
WASTE MANAGEMENT
OF FLORIDA INC.
7382 Talona Drive
West Melbourne, FL 32904
(321) 409-6600
Enclosed please find the new Residential and Commercial Solid Waste Collection rates effective
October 1, 2011. The rates were adjusted in accordance with our contract terms with respect to
changes in CPI. Supporting documentation is included for your review.
Should you have any questions, please contact me at (321) 626-4770.
Sincerel
�
Milo Zonka
Government Affairs Manager - North Florida
Cc: Mike Lewis
Geoff Golder
Jason Smith
Sebastian Effective 1011/2011
Increase 3.00%
F R E Q U E N C Y
Includes Maintenance
1 2 3 4 5 6 Maint XPU
2 51.14 80.96 110.77 140.59 170.41 200.23 21.32 18.96
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3 66.05 110.77 155.50 200.23 244.95 289.68 21.32 28.44
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4 80.96 140.59 200.23 259.86 319.50 379.14 21.32 37.92
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6 110.77 200.23 289.68 379.14 468.59 558.04 21.32 56.88
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8 140.59 259.86 379.14 498.41 617.68 736.95 21.32 75.84
3.44 Billed Cubic Yard (Harris Samel
0.00 Billed Loose Yard (Harris Same)
0.00 fuel Surcharpe oer Account/Rate adiustment qrocedure
10.31 Billed Cubic Yard Compactor (Harris Same)
9.48 Billed extra pickup per cubic yard
RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT - BILLED:
Garbage Yard Trash tOt81 Quarterl
Sin le home $12.73 $0.00 $12.73 $ 38.19
RESIDENTIAL RECYCLE RA TES TO CUSTOMER- TAX - BILLED by INDIAN RIVER COUNTY:
Recycle
Sin le home 1.74
Multi Unit toter serviced 1.37
Mobile Hm Pk units toter serviced 1.18
Mobile Hm Pk units bin serviced 1.55
Note: Handicap "backdoor" service at above rates. No additional cost.
Ceiling Pull Container
Rate Rental Fee
15 Yard Open Top Per Pull $207.26 $120.13
20 Yard Open Top Per Pull $207.26 $120.13
30 Yard Open Top Per Pull $207.26 $120.13
40 Yard Open Top Per Pull $207.26 $120.13
20 Yard or less COMPACTION Containers Per Pull $207.26 $120.13
21 to 40 ard COMPACTION containers Per Pull $207.26 $120.13
ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES
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July 27, 2007
Mr. Alfred Minner, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject: CPI Rate Adjustment
Dear Mr. Minner,
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WASTE MANAGEMENT
P. O. Box 1356
Vero Beach, Florida 32960
(772)569-1776
(321) 984-8170 Fax
The Franchise Agreement for Solid Waste Collection Resolution allows Waste Management a CPI adjustment to
start October 1, 2004 to reflect changes in the cost of doing business. The adjustment for the CPI reflects with
Article 12A (Adjustment to Rates) page 13 of the franchise agreement.
Attached is a copy of the month of June's CPI. The net change for the preceding twelve months is 2.7%. The
Agreement requires "no increase or decrease shall exceed 3% per annum". The listed rates for all collection services
below reflect a 2.7°/o increase in accordance with our Agreement.
Residential Collection
• Article 9.0. Residential Units .....................(Current $11.74) (New $12.06)
Commercial Collection Service
• Article 11.1.1. Commercial Container Rate......(Current $3.17) (New $3.26)
. Article 11.1.1. Extra Commercial pick-up yardage Rate..(Current $8.741(New $8.981
• Article 11.1. L Compactor Container cubic yard Rate..(Current $9.51) (New $9.77)
• Article 1 l.l .2. Commercial Container montllly rental maintenance Rate..(Current $19.67) (New $20.20)
• Article 11.1.3. Roll-OffOpen Top charges per pull...(Current $19121) (New $196.37)
• Article 11.1.3. Container Rental Rate....(Current $109.27) (New $1 12.22 )
We certainly appreciate your attention to this matter and the opportunity to serve the citizens of Sebastian. Please
call me if you have any questions.
Sinc ely,
_.---
, _..__ _
�__�_�_,._._4 __ _
G orge Geletko
Plorida Government Affairs Director
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ORDINANCE NO. 0-03-12
AN ORDINANCE OF T'HE CITY OF SEBASTIAN, FLORIDA,
GRANTIIVG AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND
COMN�RCIAL SOLID WASTE COLLECTION TO WASTE
MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR SUNSET OF EXISTING COMNIERCIAL
PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the existing residential solid waste collection as approved under Ordinance
0-98-09 expires on 7une 30, 2003; and
WHEREAS, the Council has determined that it is in the best interest of the public that a
single provider have an exclusive franchise for both residential and commercial solid waste
collection; and
WHEREAS, pursuant to a competitive proposal process it has been detemuned that the
public will best be served by granting said franchise to Waste Management, Inc. of Florida;
NOW, THEREFORE, BE TT ORDAINED BY THE CTTY COUNCIL OF THE
CTTY OF SEBASTIAN, FLORIDA, as follows:
Section 1. Waste Management, Inc. of Florida, is hereby granted an exclusive
franchise to provide residential and commercial solid waste within the City of Sebastian pursuant
to the provisions of the FRANCHISE AGREEMENT BETWEEN CITY OF SEBASTIAN AND
WASTE MANAGEMEIVT, INC. OF FLORIDA attached hereto.
Section 2. It shall be a violation of the City Code, punishable as provided in City
Code section 1-10, for any person or entity to provide soIid waste collection within the City
except in accordance with the terms and conditions of the Franchise granted hereunder. Service
standards and franchise fee requirements shall apply to providers continuing service in
accordance with state law under pre-existing contracts.
Section 3. City staff is directed to invoke the procedures provided under Florida
5tatutes to sunset the existing contractual rights of any person or other entity otherwise providing
Commercial Solid Waste within the City as of the effective date of this Ordinance. Any person
or other entity providing such service must submit copies of all such contracts to the Office of
the City Manager within fifteen (15) days of the effective date hereof. Upon a showing of notice
of the requirements of this section, the failure to submit any such contract shall create an
irrebuttable presumption that no such agreement for service existed.
Section 4.
are hereby repealed.
Section 5.
CONFLICT. All ordinances or parts of ordinances in conflict herewith
EFFECTIVE DATE. This ordinance shall take effect upon adoption.
The foregoing Ordinance was moved for adopGon by Councilmember Coniglio , The
motion was seconded by Councilmember BarcZyk and, upon being put to a vote, the vote
was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember Nathan McCollum
Councilmember James Hill
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 25�' day of June,
2003.
ATTEST:
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Sally A. M ' , CMC
City Clerk
CTI'Y OF SEBASTIAN, FLORIDA
sy: C!� �,Q � �a�.ran
Mayor alter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
I�- _ � " �
Rich Stringer, City Attorne
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Franchise Agreement
Between
City of Sebastian
and
Waste Management, Inc. of Florida
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This Franchise Agreement ("Agreement") is hereby made and entered into this
_day of June, 2003, between CITY OF SEBASTIAN, FLORIDA, ("City") and Waste
Management Inc. of Florida, a Florida corporation, whose address is 2700 NW 48"' '
Street, Pompano Beach, FL 33073 ("Franchisee").
WITNESSETH
W HEREAS, the City desires to engage Franchisee to perform certain solid waste
and recycling services with the boundaries of the City; and
WHEREAS, Franchisee desires to perform such services pursuant to the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the Franchisee agree as follows:
Article 7. Background Recitals •
1.0. The recitals set forth above are true and corcect and form a material part of this
Agreement.
Article 2. Term of the Agreement
2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin
July 1, 2003. This Agreement shall automatically renew for an additional term ending
June 30, 2013, unless either party shall notify the other to the contrary in writing
pursuant to Sec. 16.11 not later than July 1, 2007.
Article 3. Definitions and Interpretations
3.0. General. To the extent that any definition contained herein conflicts with any similar
definition contained in any federal, state, or local law, the definition herein shall prevaii.
However, nothing contained herein shall be interpreted to require the Franchisee to
undertake any conduct that is prohibited by Applicable Law. � Whenever the context may
require, any pronoun which is used in this Agreement shall include the corresponding
masculine, feminine and neuter forms and the singular shall include the plural and vice
versa.
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3.1. Agreement shall mean this Franchise Agreement between the City and the
Franchisee, together with all exhibits and other documents that are expressly incorporated
by reference.
3.2. Applicable Law means any local, state or federal statute, law, constitution, charter,
ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or
similar binding authority, or a judicial or administrative interpretation of any of the same,
which are in effect or are enacted, adopted, promulgated, issued or enforced by a
govemmental body during the term of this Agreement, and relate in any manner to the
performance of the City or Franchisee under this Agreement.
3.3. Biological Waste shall mean solid waste that causes or has the capability of
causing disease or infection and includes, but is not limited to, biomedical waste,
diseased or dead animals, and other wastes capable of transmitting pathogens to
humans or animals. The term does not include human remains that are disposed of by
persons licensed under chapter 470, Florida Statutes.
3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present
a threat of infection to humans. The term includes, but is not limited to, nonliquid
human tissue and body parts; laboratory and veterinary waste which contain human-
disease-causing agents; discarded disposable sharps; human blood, and human blood
products and body fluids; and other materials which in the opinion of the Florida
Department of Health represent a significant risk of infection to persons outside the
generating facility. The term does not include human remains that are disposed of by
persons licensed under Chapter 470, Florida Statutes.
3.5. Council shall mean the City's governing body, which currenUy is comprised of the
City Council of the City of Sebastian, Florida
3.6. Bulk Trash shall mean any non-vegetative item that cannot be containerized,
bagged or bundled, or whose large size or weight precludes its handling by normal,
Collection, processing or disposal methods. Bulk Trash includes but is not limited to
discarded White Goods that are not Freon-Containing Devices, toilets, pool heaters,
water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods,
appliances, fixtures and fumiture.
3.7. Collect and Collection shall mean the process whereby Solid Waste is picked-up
and removed from the location where it is generated, and then transported to the County
Landfill.
3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian.
3.9. Commercial Collection Service shall mean the Collection of (a) Commercial
Solid Waste; and (b) Recyclable Materials generated on Commercial Property and
from Mobile Home Parks.
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3.10. Commercial Container shall mean any container which: (a) consists of four �
permanently attached sides and a bottom; (b) is made of inetal, durable plastic or other
non-absorbent material; (c) is free-standing; (d) is emptied or transported by
mechanical means; and (e) is used to Collect or store Solid Waste. Commercial
Containers include, but are not limited to roll-on/roll-off boxes, dumpsters, Compactors,
and similar receptacles used to Collect Solid Waste
3.11. Commercial Property shall mean all of the improved property in the City that is
used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, church, not-for-
profd, governmental, nonresidential or industrial purposes.
3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard
Trash that is not Residential Solid Waste. Commercial Solid Waste includes the
Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at:
(a) commercial business, including, without limitation, retail stores, offices, restaurants,
and warehouses; (b) govemmental and institutional offices and buildings, including,
without limitation, schools and hospitals; (c) churches and not-for-profit organizations;
(d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (fl
Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial
facilities; and (h) Construction and Demolition Debris coilection in volumes greater than
fifteen (15) cubic yards.
3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile �
compaction mechanism.
3.14. Constructfon and Demolition Debris shall mean discarded materials generally
considered to be not water-soluble and nonhazardous in nature, including, but not
limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard,
and lumber, from the construction or destruction of a structure as part of a construction
or demolition project or from the renovation of a structure, and inciuding rocks, soils,
tree remains, trees, and other vegetative matter that normally results from land ciearing
or land development operations for a construction project, including such debris from
construction of structures at a site remote from the construction or demolition project
site. Mixing of construction and demolition debris with other types of solid waste will
cause it to be classified as other than construction and demolition debris. The term also
includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
(b) Unpainted, nontreated wood scraps from facilities manufacturing materials
used for construction of structures or their components and unpainted,
nontreated wood pallets provided the wood scraps and pailets are separated
from other solid waste where generated and the generator of such wood
scraps or pallets implements reasonable practices of the generating industry
to minimize the commingling of wood scraps or pallets with other solid waste;
and •
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• (c) De Minimis Amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent
with best management practices of the industry.
For purposes of this Agreement, the term does not include "Roil-on, roll-off' service at
volumes less than fifteen (15) cubic yards.
3.15. Construction and Demolition Debris Commercial Container shall mean a
Commercial Container that is used to hold Construction and Demolition Debris.
3.16. Construction and Demolition Debris Service shall mean the Collection and
transport of Construction and Demolition Debris in a Commercial Container or a
Construction and Demolition Debris Commercial Container in the City by Franchisee.
3.17. Contract Manager shall mean the person designated by the City to act as the City's
representative during the term of this Agreement.
3.18. County shall mean indian River County, Florida. It shall also include the Indian
River County Solid Waste Disposai District, a dependent special district of Indian River
County, Florida.
3.19. Curbside Collection Point shall mean the location where the Franchisee shail
pick up the Residential Solid Waste and Recyclable Materials discarded by a Customer.
• 3.20. Customer shall mean a Person having a contractual relationship with the
Franchisee for Residential Solid Waste Collection Service or Commercial Collection
Service pursuant to the terms of this Agreement and the City Code.
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3.21. De Minimis Amount shali mean the amount of Solid Waste that lawfully may be
included in a container of Recovered Materials or Construction and Demolition Debris.
A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight,
whichever is more restrictive, as determined by a measurement or visual inspection by
the Contract Manager
3.22. County Landfill shail mean the Solid Waste Disposal Facility or Facifities owned or
operated by the County.
3.23. Freon-Containing Devices shall mean White Goods, appliances or other
devices that contain or may release Freon, such as refrigerators, freezers, air
conditioners, and dehumidifiers.
3.24. Garbage shall mean alt kitchen and table food waste, and any animal, vegetative,
food or other organic waste that is attendant with or results from the storage, preparation,
cooking or handiing of food materials.
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3.25. Garbage Receptacle shall mean any commonly available light gauge steel, plastic, •
or galvanized receptade of a non-absorbent material, closed at one end and open at the
other, fumished with a dosely fitted top or lid and handle(s), and indudes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle.
3.26. Hazardoua Waste shatl mean any Solid Waste regulated as a hazardous waste by
the Florida Department of Environmental Protection or the U.S. Environmental Protection
Agency pursuant to Applicable Law.
3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or
industrial processes that is not a Hazardous Waste. Such waste many include, but is
not limited to, waste resulting from the following manufacturing processes: electric
power generation; fertilizer/agricultural chemicals; food and related products or by-
products; inorganic chemicals; iron and steel manufacturing; leather or leather products;
nonferrous metals manufacturing or foundries; organic chemicals; plastic products and
resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic
products; stone, glass, c�ay, and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining waste or oil and
gas waste.
3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed
by, for, or on behalf of the County for the purpose of receiving, sorting, processing,
storing, or preparing Recyclable Materials for sale.
3.29. Mobile Home Park shall mean any improved real property divided into spaces for
the placement of mobile or modular homes or trailers.
3.30. Multiple Dwelling Units shall mean any building containing five (5) or more
permanent living units. Multiple Dwelling }:lnits include condominiums, but do not
include hotels or motels.
3.31. [Left intentionally blank]
3.32. [Left intentionally blank]
3.33. Person shall mean any and all p�rsons, natural or artificial, including, without
limitation, any individual, firm, partnership; corporation, company, association, social
club, fratemal organization, church, religious sect, religious denomination, society,
organization or league, estate, trust, receiver, executor, administrator, trustee, or
syndicate, municipal corporation, municipality, district or county of.Florida and 2fiy other
state; any govemmental agency or political subdivision of any' state or th$.;federal
govemment; or any other legal entity; and any grouj� or combinatidn ofthe abov8 acting
as a unit. '
3.34. [Left Intentionally Blank]
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S3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber
materials that have known recycling potential, can be feasibly recyGed, and have been
diverted and source separated or have beett removed from the solid waste stream for
sale, use, or reuse as raw materials, whether or not the materials require subsequent
processing or separation from each other;-but does not include materials destined for
any use that constitutes disposai. Recovered materials are not Solid Waste.
3.36. [Left Intentionally Blank]
3.37. [Left Intentionally Blank]
3.38. [Left Intentionally Blank].
3.39. [Left Intentionally Blank]
3.40. [Left Intentionally Blank]
3.41. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash
resulting from the normal housekeeping activities of a Residential Unit or Mobile Home
Park that has elected to receive Residential Solid Waste Collection Service.
3.42. Residential Solid Waste Collection Service shail mean the Colleotion and
` disposal of Residential So�id Waste generated within the Residential Franchise Area.
3.43. Residential Solid Waste Franchise Area shall mean the geographical area
comprising the City.
3.44. Residential Unit shall mean each and every lot or parcel of land that is improved
for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other
residence, except a Multiple Dwelling Unit. The term also includes individually-owned
mobile or modular homes or trailers that: have residential permanent license tags; are
erected on a separate parcel of property; are within the Residential Franchise Area or
the Residential Recyclables Franchise Area; and do not receive Commercial Collection
Service.
3.45. Sludge shall mean the accumulated solids, residues, and precipitates generated
as a result of waste treatment or processing, including wastewater treatment, water
supply treatment, or operation of an air pollution control facility, and mixed liquids and
solids pumped from septic tanks, grease traps, privies, or similar waste disposal
appurtenances.
3.46. Solid Waste shall mean Sludge unregulated under the federal Clean Water Act
or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or
air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other
. discarded material, including solid, liquid, semisolid, or contained gaseous material
resuiting from domestic, industrial, commercial, mining, agricultural, or govemmental •
operations. Recovered Materials are not Solid Waste.
3.47. Solid Waste Disposal Facil(ty means any solid waste management facility
which is the final resting place for solid waste, including landfills and incineration
facilfties that produce ash from the process of incinerating municipal solid waste.
3.48. Special Waste shall mean Solid Wastes that can require special handling and
management, including, but not limited to, White Goods, waste tires, used oil, lead-acid
batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological
Wastes.
3.49. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and
containers, sweepings, other accumulations of a similar nature, and broken toys, tools,
equipment and utensils. Trash does not include Garbage or Yard Trash.
3.50. Uncontrollable Force shall mean any event that results in the prevention or delay
of performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non-performing party. It includes, but is not limited to fire, flood,
humcanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism,
sabotage, and govemmental actions. Labor disputes, including, without limitation, strikes
and slowdowns, are not an Uncontrollable Force.
3.51. White Goods includes inoperative and discarded refrigerators, ranges, water •
heaters, freezers, and other similar domestic and commercial large appliances. White
Goods do not include Freon-Containing Devices.
3.52. Yard Trash shall mean vegetative matter resulting from yard and landscaping
maintenance, including grass Gippings, palm fronds, tree branches and other similar
matter.
Section 4. Grant of Franchise
4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this
Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to
provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste
Franchise Area and (b) Commercial Collection Service.
4.1. Recvdables. The collection of residential recyclables is not a part of this Agreement.
4.2. Limited Grant of Riahts. This Agreement does not grant any rights or remedies to
the Franchisee except those that are expressly identified and conveyed by the specific
terms of this Agreement.
4.3. Minimum Reauirements for Franchisee's Services. This Agreement establishes
minimum requirements and performance standards for the Franchisee. Any services .
�
• provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with
the requirements in this Agreement and any Appiicable Law.
4.4. Recovered Materials. This Agreement does not prohibit any Person from
gathering, conveying, or processing Recovered Materials, provided such Person
otherwise complies with applicable Florida law. No franchise or permit shall be required
with respect to Recovered Materials. Containers of Recovered Materials may include a
De Minimis Amount of Solid Waste. Con�iners holding more than a De Minimis
Amount of Solid Waste shail be handled and regulated as Solid Waste.
Article 5. Title to Solid Waste and Recyclable Materials
5.0. TiUe. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials,
and Recyclable Materials are placed at a Curbside Collection Point or any other approved
location for Collection by the Franchisee within the City, the City shall hold title and
ownership to ali such materials. The Franchisee shall have no right to take, keep,
process, alter, remove or otherwise dispose of any such materials, except as set forth
herein. However, the Franchisee shall have the sole responsibility and liability for the
lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the
Franchisee Collects.
Article 6. Processing and Disposal
• 6.0. Processina. Recovered Materials collection, processing and marketing are outside
the scope of this Agreement.
6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste
and Commercial Solid Waste Collected from within the City at the County Landfill.
Article 7. Franchise Fee
7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected
pursuant to the Franchise granted herein shall be paid to the City, by check, by the
Franchisee on or before the fifteenth (15"') day of each month for all services collected by
the Franchisee during the immediately preceding month.
Article 8. Residential Services
8.0. Hours of Residential Service- General. Residential Solid Waste Collection Service,
shali be provided Monday through Friday, beginning no earlier than 7:00 a.m. and ending
no later than 5:00 p.m, unfess previously authorized in writing by the Contract Manager in
response to an Uncontrollable Force.
8.1. Davs of Residential Service. Residential Solid Waste shall not be Collected by the
• Franchisee on Sundays or the holidays of July 4"', Labor Day, Thanksgiving, Christmas,
�]
or New Years Day, unless necessary to respond to an Uncontrollable Force. .
Residential Solid Waste does not need to be Collected by the Franchisee on any
holiday when the County Landfill is closed. If Residential Solid Waste Collection
Service is scheduled to be provided on a holiday, the Franchisee shall collect the
Residential Solid Waste on the Wednesdav followina such holidav if it occurs on a
Mondav or Tuesdav. or orecedina such holidav if it occurs on a Thursdav or Fridav.
8.2 Freauencv of Residential Solid Waste Collection Service—Garbaae and Trash. At
least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those
Customers that requested Residential Solid Waste Collection Service. The Collections of
Garbage and Trash shall be at least three (3) days apart.
8.3. Freouencv of Service--Yard Trash. Yard Trash shall be collected from Residential
Units receiving Residential Solid Waste Collection Service at least one (1) time per week.
Yard Trash shall not be commingled with Garbage.
8.4. Freauencv of Service—Bulk Trash. The Franchisee shall collect all Bulk Trash and
Freon-Containing Devices placed at the Curbside Collection Point within four (4)
calendar days after receiving a Customer's request to Collect such materials. There
shall be no additional charge to the Customer or the City for Collecting Bulk Trash.
Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash
to an altemative location within the Countyfor processing.
8.5. Obliaations Of Franchisee To Residential Customers - General. For Residential i
Units, the Curbside Collection Point shalt be located within five (5) feet of the curb, the
paved surface of a public roadway, the closest accessible public right-of-way, or other
location agreed to by the Franchisee and Customer that provides safe and e�cient access
for the Collection crew and vehicle. If a Customer is physically unable to deliver their
Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the
Residential Unit is not readily accessible to the Coflection crew or vehicle, an altemative
location shall be designated by the Customer and Franchisee, at no extra cost to the
Customer.
8.5.1. Yard Trash Oblipations. All Yard Trash, except palm fronds, must be bundled,
bagged in a biodegradable bag, or containerized by Customer. All Yarci Trash must be:
separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and
no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four
(4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point
by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the
sections of the tree are not more than eight (8) feet in length or more than fifty (50)
pounds. The Franchisee shall not co-mingle Yard Trash and othertypes of Solid Waste in
the Franchisee's Collection vehicles.
8.5.2. Bulk Trash Obliqations. Bulk trash shall not be commingled with Yard Tra�h. A
Customer's Bulk Trash may not be collected 'rf determined by the Contract Mana�er and •
the Franchisee, in writing, to be incompatible either with the Franchisee's collection
10
� equipment or the County's Solid Waste management system, or of such weight or
quantity as would significantly hinder the effectiveness of the Coilection or Solid Waste
disposal system.
8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash,
and Bulk Trash with a minimum of noise and disturbance to the Customer and the public.
The Franchisee shall empty the Customer's Garbage Receptacles and then the
Franchisee shall return them to the same location where they were placed by the
Customer or the Curbside Collection Point. Throwing or damaging Garbage Receptacles
is prohibited. The Franchisee shall Collect all of the Residential Solid Waste placed at a
Curbside Collection Point by a Customer. There shall be no limit on the number of
Garbage Receptacles placed at the Curbside Collection Point by a Customer. A Garbage
Receptacle and the Solid Waste placed therein shall not exceed thirty-two (32) gallons in
capacity or fifty (50) pounds in weight. -
8J. Routes and Schedules. On or before March 31 of each year, the Franchisee shall,
in a format acceptable to the Contract Manager, provide the Contract Manager with a
map of each route and the scheduled days for Collection of Garbage, Trash, Bulk
Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee
shall keep route maps, schedules, and Customer counts current at all times and shall
strictly follow the schedules and routes filed with the Contract Manger. The Franchisee
shall provide updated maps and schedu(es to the Contract Manager no later than three
• (3) calendar days after any change.
8.7.1. Chanaes to Schedules. The Franchisee shall not change the scheduled days
for its Collection services until the Franchisee receives the Contract Manager's prior
written authorization. The Contract Manager's approval of such changes shall not be
unreasonably withheld. In the event that the Contract Manager authorizes a change in
schedules that alters the Collection day for any Customer, the Franchisee shall, at its
expense, notify each affected Customer by mail or other manner approved by the
Contract Manager not less than one (1) week prior to the change.
•
Article 9. Residential Rates and Billing
9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential
Unit for Residential Solid Waste Collection Service charged by Franchisee shall be
$10.75 per month. The foregoing is the total rate that may be charged by the
Franchisee for Residential Solid Waste Collection Service and it includes all franchise
fees, collection costs, disposal costs and other fees and expenses. Notwithstanding the
foregoing, the Franchisee and the City acknowledge and agree that the total rate for
Residential Solid Waste Collection Service is subjeCt to adjustment as set forth in this
Agreement. The Franchisee shall not separately state the amount of the franchise fee
on any bill to any residential Customer.
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9.1. Residential Solid Waste Collection Service Billinq. Billing for Residential Solid
Waste Collection Service shall be the sole responsibility of the Franchisee. •
ArNcle 10. Commercial Collection Service
10.0. General. The Franchisee shall provide all Commerciaf Collection Service within
the City.
10.1. Freauencv of Collection. Commercial Collection Service shall be provided at
least once per week, except that the Collection of Recyclable Materials may be
provided as agreed by the Customer and Franchisee. In any event, Commercial
Coliection Service shall be provided frequently enough to prevent the creation of a
public nuisance or a threat to the public health, safety, or welfare. The Contract
Manager shall assist the Franchisee and Customer in confirming that the size of the
Commercial Container and the frequency of the Coliection service are su�cient to
ensure that Commercial Solid Waste is not routinely placed or stored outside the
Commercial Container.
10.2. Location of Collection of Commercial Containers. Commercial Containers for �
Commercial Solid Waste or Recyclable Materials shall be placed at locations that are
mutually acceptable to the Franchisee and the Customer, and in compliance with the
City's land use ordinances. If a dispute should arise between a Customer and the
Franchisee regarding the location of the Commercial Container, the Contract Manager
shall designate the location.
10.3. Commercial Containers Reauired. Construction and Demolition Debris generated
or accumulated at the site of a construction, demolition or renovation project shall be
stored in a Commercial Container until removed from the site. All other Solid Waste
generated or accumulated at the site of a construction, demolition or renovation project
shall be stored in a separate Commercial Container or Garbage Receptacle.
10.4. Non-Conformina Containers Prohibited. The use of any container or receptacle
other than a Commercial Container or a Construction and Demolition Debris
Commercial Container to store Construction and Demolition Debris at a construction,
demolition or renovation site is prohibited. The City may prohibit the use of any
Commercial Container or Construction and Demolition Debris Commercial Container
that is found to be unsuitable or undersized.
10.5. Adiacent Areas. Construction and Demolition Debris or other Solid Waste which
is cast, blown, or scattered upon any adjacent property as a result of construction,
demolition, or renovation activities shall be removed by the Person responsible for the •
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• construction, demolition or renovation activities no later than the end of the day on
which the activities occur or earlier if the waste material causes littering.
Article 11. Commercial Collection Service and Construction
and Demolition Debris Service Rates and Billing
11.0. Rates — General. The Commercial Collection Service rates set forth in this
Agreement are maximums, and volume discounts �ay be negotiated between the
Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the
City acknowledge and agree that the Commercial Collection Service rates are subject to
adjustment as set forth in this Agreement
11.1. Rates. All Customers receiving Commercial Collection Service and Construction
and Demolition Debris Service will be charged on a per cubic yard basis. Charges will
be billed monthly in advance by the Franchisee as follows:
11.1.1. Commercial Container Rate per cubic yard per pick up —$2.90.
Extra pick-up shall be charged at the rate of $8.0�. Cubic yard rate for compactor
container service shail be $8.70 per month.
11.1.2. Commercial Container or Garbage Receptacle monthly rental
maintenance fee - $18.00.
` 11.1.3. Roll-Off Charges Per Pull - Open Top Type:
$175.00 per pull (minimum one pull per month unless container is rented)
Container rental fee -$100 per month
11.1.4. Enclosed Compactor leases to be negotiated separately with customers.
11.2. Other Charaes. The rates for Commercial Collection Service and Construction
and Demolition Debris Collection Service do not include disposal fees, maintenance
fees, franchise fees, and other extra charges. Such fees shall not be added to a
Customer's invoice unless they are individually listed and itemized.
11.3. Billin . Biliing for Commercial Collection Service, and for Construction and
Demolition Debris Service shall be the sole responsibility of the Franchisee.
Article 72. Adjustments to Rates
12.0. CPI Chans�es in Rates. Compensation payable to the Franchisee for services
provided hereunder shall be adjusted upward or downward annually to reflect changes
in the consumer price index for all urban consumers for the Southeastem U5, all items,
1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor
Statistics ("CPI"). Should the CPI be discontinued or substantially modified, then an
alternate index shall be chosen by mutual agreement of the City and the Franchisee.
• Beginning on October 1, 2004, and on each Octoberl thereafter, the foregoing rates
13
shall be adjusted to reflect the increase or decrease in the CPI for the immediately •
preceding iwelve (12) month period of June to June, but no increase or decrease shall
exceed percent (3%) per annum. The Franchisee shall notify the City in writing of
increases that are based on the CPI, as provided in this section, no less than thirty (30)
days prior to their implementation.
12.1. Chanae of Law. The parties understand and agree that the Florida Legislature from
time to time has made comprehensive changes in Solid Waste management legislation
and that these and other changes in law in the future, whether federal, state or local, which
mandate certain actions or programs that may require changes or mod'rfications in some of
the terms, conditions or obligations under this Agreement. Nothing contained in this
Agreement shall require any parry to perform any act or function contrary to law. To the
extent that any law effective after the effective date of this Agreement is in conflict with, or
requires changes in, the provisions of services to be provided under this Agreement, the
parties agree to enter into good-faith negotiations to determine whether the Franchisee's
rates should be adjusted as a result of a change in law.
12.2. Limitation on Rate ChanQes. The Franchisee shall not be allowed a rate increase
for any reason other than those expressly specified in this Agreement. Notwithstanding
the foregoing, in the event that a federal, state or local entity imposes a fee, charge or
tax after the date of this Agreement that applies to Franchisee's operations per se,
such fee, charge or tax shall be treated as a change in law and shall be passed through
as a separate billed item after notice and confirmation by the City. •
12.3. Rate Adiustment Procedure. Should the Franchisee seek an adjustment of any
charges established and approved by the Council, other than the CPI Chanqes in Rates
set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in
writing, setting forth the schedule of rates and charges which it proposes and a written
justification for the request. A public hearing�shall be held on the request. The request
for a public hearing shall be submitted to the City with supporting data for review and
presentation to the Council. The hearing may thereafter be continued from time to time
as determined by the Council. The Council shall make a determination whether the
adjustment in charges is necessary and just�ed under the circumstances provided
herein and set forth in Franchisee's justification for rate adjustment.
Article 13. General Obligations Of Franchisee
13.0. Prohibitions on Bioloaical. Biomedical, and Hazardous Waste. The Franchisee
shall not Collect Biological Waste, Biomedical Waste, or Haz�rdous Waste and the
Franchisee shall not deliver or dispose of any of the foregoing wastes at the County
Landfill. Franchisee shall not Collect any Solid Waste that the Franchisee reasonably
believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee
shall immediately notify the Contract Manager ff any Customer attempts to deliver such
material to the Franchisee or the City. The City shall have the right to inspect the Solid
Waste and Recyclable Materials Collected by the Franchisee at any time to determine •
whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical
14
• Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to
ensure that the Franchisee's Customers do not deliver such materials to the
Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and
disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the
Franchisee delivers to the County Landfill.
13.1. S ila laae. The Franchisee shall not litter, and shall not spill Solid Waste or
Recyclable Materials, anywhere in the City. Wheneverthe Franchisee is hauling Solid
Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to
ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing
of such material is prevented. In the event that any material or liquid spills, blows or leaks
from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage,
leakage and litter at no cost to the City or the Customer. If a Customer or the Contract
Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage
within the City, the Franchisee shall remedy such problem within 24 hours after being
notified. In all such cases, the cost of any cleanup, remediation or damages shall be the
sole responsibility of the Franchisee.
13.2. Financial Reaorts. Franchisee shall provide to the City annually a financial
statement and report that includes an income statement showing the gross revenue
received by the Franchisee from the Collection of Solid Waste and other services
provided by the Franchisee under this Agreement. The report must include the opinion
• of a Certified Public Accountant, who has conducted an audit of the Franchisee's books
and records in accordance with generally accepted accounting standards which inGude
tests and other necessary procedures, that the financial statements are fairly presented in
all material aspects and in conformity with generally accepted accounting procedures.
The report also must include the Certified Public AcwuntanYs opinion that the Franchisee
has properly calculated and fully paid the franchise fees that are due and owing to the City
pursuant to the provisions of this Agreement. The annual audit shall be delivered to the
City within one hundred and twenty days after the end of the Franchisee's fiscal year. The
City may waive the requirement of an audited financial statement upon good cause.
13.3. Customer Comalaints. If the City receives a complaint regarding the Franchisee's
service under this Agreement, the complaint shall be immediately forwarded to the
Franchisee by telephone or facsimile. The Franchisee shall respond to the complaint
within twenty-four hours after the Franchisee receives the complaint. When the
complaint is received after twelve o'clock noon on a Saturday or on a day preceding an
approved holiday the Franchisee shall respond to the complaint no later than the next
day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee
shall notify the City within twenty-four hours, by telephone or facsimile, of the action
taken to resolve the complaint.
13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives
regarding the Franchisee's service under this Agreement. The Franchisee shall use a
standard form to record the pertinent facts regarding each complaint and how it was
. resolved. The form shall identify the time and date when a complaint was received,
15
when the Franchisee responded to the complaint, and when the complaint was •
resolved. The Franchisee's records and forms shall be kept up to date and shall be
maintained throughout the term of this Agreement. Copies of the complaints and forms
shall be kept at the Franchisee's office and shall be available for inspection by the
Contract Manager during normal business hours.
13.3.2. Notice of Certain Tvpes of Comolaints. The Franchisee shall immediately notify
the Contract Manager'rf the Franchisee receives a complaint involving a claim of
personal injury, death, or property damage resulting from the Franchisee's actions in the
City. The Franchisee shall provide the Contract Manager with a written report about
any such matters within three calendar (3) days after the Franchisee receives the
complaint.
13.4. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from
a Customer because the Customer failed properly to prepare or place the Solid Waste
for Collection, the Franchisee shall provide written notification to the Customer
explaining why the Solid Waste was not Collected and what the Customer must do to
properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice
may consist of the Franchisee's Collection crew leaving a written notice or tag on the
Garbage Receptacle or Solid Waste in question.
13.5. Communitv Cleanuos. The Franchisee shall perform at least two community
cieanups within the Residential Solid Waste Franchise Area each calendar year. The •
times and locations of the community cleanup shall be selected by the Contract
Manager after coordinating with the Franchisee. The Franchisee shail provide
appropriate containers during each community cleanup at no cost to the City or to the
sponsor. During the community cleanup, the Franchisee shall Collect only Garbage,
Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to
the County Landfill for disposal at no cost to the Franchisee.
13.6. Collection for Citv Facilities. Franchisee shall provide coliection services at City
facilities at no charge, including special service for the four major City-sponsored
festivals held annually at Riverview Park.
13.7. Uncontroilable Forces. Neither the City nor Franchisee shall be in default of this
Agreement, nor shall the Franchisee be subject to the administrative charges set forth in
Section 14 of this Agreement, if delays in or failure of performance are due to
Uncontroilable Forces, the effect of which the non-performing party could not avoid by the
exercise of reasonable diligence. Neither party shall, however, be excused from
perFormance if nonperformance is due to forces or events that are preventable, removable,
or remediable and which the non-pertorming party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The
non-performing party shall, within a reasonable time of being prevented or delayed from
performance by an Uncontrollable Force, give written notice to the other party describing
the circumstances and Uncontrollable Forces preventing continued performance of the •
16
� obliga6ons of this Agreement, and the expected time when performance in compliance
with this Agreement will resume.
13.8. Contract Chanqes for Public Welfare. The City shall have the authority to make
changes in this Agreement when such changes are deemed necessary and desirable for
the public welfare. The City shall give the Franchisee reasonable notice of any proposed
change and an opportunity to be heard concerning the proposed change. The Franchisee
shall be reasonably and appropriately compensated for any additional services required of
the Franchisee due to any modification in this Agreement under this paragraph.
13.9. Office. The Franchisee shall maintain an office in Indian River County. The
Franchisee shall maintain two or more toll free telephone number(s) where service
inquiries and complaints can be received by the Franchisee. The Franchisee's office
shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a
telephone answering service or answering machine to receive service inquiries and
complaints during those times when the office is closed. The Franchisee also shall
develop a system, subject to the Contract Manager's approval, for receiving emergency
calls from the pubiic at anytime, and for communicating with the City regarding
emergency matters.
13.10. Vehicles and Eauiament. At all times the Franchisee shall have a sufficient
• number of tnacks, Commercial Containers, and other equipment available and in good
working condition so that the Franchisee can efficiently perform its contractual duties
under this Agreement. The Franchisee shall also have available reserve vehiGes and
equipment that can be put into service within twelve (12) hours of any breakdown or
malfunction that can provide similar senrice to the Franchise Area. Vehicles used by
the Franchisee in the perFormance of this Agreement shall be clearly identified with the
Franchisee's name, local phone number, truck number, and tare weight. Letters and
number shali be at least four (4) inches high.
13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the
Contract Manager with a list of the trucks and other Coliection equipment that will be
used by the Franchisee to provide services under this Agreement. The list shall include
the license tag number for each truck and the identification number (if any) for each
Commercial Container. The Franchisee shall revise and resubmit the list to the
Contract Manager during the term of this Agreement if there are any changes to the list
of the trucks, other Coilection equipment, or Commercial Containers. The requirements
of this paragraph do not apply to: (a) trucks and other Collection equipment used in the
City for 30 days or less; or (b) bona fide demonstration trucks and other Collection
equipment.
13.10.2. Condition of Eaui�ment. At initiation of the Franchise all equipment must be
no more than two (2) years old, and at no time in the Franchise shall equipment in
• excess of seven (7) years old be utilized except on an emergency basis. All of the
Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair.
17
Any vehicle emitting excessive odor shall be taken out of service and washed prior to �
being placed back in service. Ali vehicles and auxiliary equipment shall be regularly
maintained in a manner necessary to prevent the release or discharge of Solid Waste,
Recyciable Materials, oil, hydreulic fluids, or other fluids into the environment. The
Franchisee's vehicles shall not emit visible air emissions during normal operation. The
Franchisee's vehicles shall be in compliance with all Applicable Laws, including, without
limitation, laws conceming noise, air pollution, and traffic safery.
13.10.3. Eauioment Reauired on Vehicles. All collection vehicles shall carry a broom, �
shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean
up any spilled materials.
13.10.4. Insqection of Vehicles and Eauiament. The Contract Manager may inspect
the operations, vehicles, and equipment of Frenchisee at any reasonable time upon
giving of reasonable notice and the Franchisee shall allow the Contract Manager to
make such inspections.
13.11. Franchisee's O�erations Manaaer. The Franchisee shall assign a qualified person
or persons to be in charge of the Franchisee's operations within the County. Within three
(3) days after the City signs this Agreement, the Franchisee shali provide the Contract
Manager with a written list containing the names and telephone numbers of the
Franchisee's operations manager and other key personnel, and the telephone numbers
that are to be used to �ntact the Franchisee in the event of an emergency. •
13.12. Personnel. All of the Franchisee's employees shall be properly trained and
qualified to perform the tasks assigned to them. The Franchisee shall provide routine
training in operating and safety procedures for all of the Franchisee's employees that are
directly involved in the Collection or processing of Solid Waste or Recyclable Materials in
the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Ftorida
driver's license for the type of vehicle that is being driven. The Franchisee's employees
shall wear a unffortn, shirt, or vest bearing the Contractor's name whenever they are
Collecting or transporting Solid Waste or Recyclable Materials in the City. The
Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials.
13.12.1. Polite and Courteous Behavior. The Franchisee's employees shall treat all
Customers in a polite and courteous manner. All personnel of Franchisee shall refrain
from belligerent behavior and profanity. Franchisee's personnel shail not request tips or
payment of any kind from Customers. The Franchisee shall promptly take appropriate
action to correct any such behavior or language.
13.13. Emolovee Waaes and Benefits. The Franchisee shall comply with all Applicable
Laws relating to wages, hours, overtime, disability, and all other matters relating to the
employment and protection of employees, now or hereafter in effect.
13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and .
all permits and licenses required by Applicable Law in connection with this Agreement and
18
Franchisee shall maintain the same in full force and effect throughout the term of this
• Agreement. Any revocation of the Franchisee's licenses or permits shail be reported to
the City within three (3) calendar days.
13.15. Pubiic Entitv Crimes. No Franchisee may be a person or affiliate identified on the
Florida Department of General Services "convicted vendor" list. This list is defined as
consisting of persons and affiliates who are disqualified from the public contracting and
purchasing process because they have been found guilty of a public entity crime. The
Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its
successor. The Franchisee shall notify the Contract Manager within three (3) days ff the
Franchisee is found guilty of public entity crime or placed on the convicted vendor list.
13.16. Non-Discrimination. The Franchisee, in performing under this Agreement, shall
not discriminate against any worker, employee, ov appiicant or any member of the public
because of race, creed, religion, color, sex, age, marital status, disability, or national origin,
or otherwise commit an unfair unemployment practice on such basis.
13.17. Natural Disasters and Other Emergencv Conditions - Variances from Normal
Services. In the event of a natural disaster or other emergency, the Contract Manager
may grant a variance from the normal requirements of this Agreement. Among other
things, the Contract Manager may allow the Franchisee to use other routes, schedules,
and disposal sites during the time period in which an Uncontrollable Force prevents the
Franchisee from complying with the norrnal requirements in this Agreement. In such
• circumstances, the City shall ask the local"media to inform the public about the changes
in the Franchisee's services As soon as practicable after such natural disaster or
Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the
Franchisee shall make the City a priority.
�
13.17.1. Franchisee Unable to Provide Contracted Services. In the event that the
Franchisee is unable to provide adequate services during an emergency or other event
involving an Uncontrollable Force, the City may hire other Contractors to provide those
services. In such case, the City reserves the right to charge the Franchisee for all costs
and expenses that the City incurs while providing the services that the Franchisee is
obligated to provide pursuant to the requirements of this Agreement, subject to setoff for
the amounts that would have been paid to Franchisee for the services.
13.17.2. Raoid Recoverv from Disaster. The clean-up from some natural disasters may
require that the Franchisee hire additional equipment, employ additional personnel, or
work existing personnel on overtime hours to clean debris resulting from the natural
disaster. The Franchisee shail not receive any extra compensation (i.e., above the normal
compensation provided in this Agreement) to recover the costs of rental equipment,
additional personnel, overtime hours, or other expenses unless the Franchisee has
received written authorization and approval from the Contract Manager prior to the work
being performed. All such costs may be audited.by the City prior to payment.
19
13.18. Disaster Resoonse Plan. The Franchisee shall develop and provide to the City •
a disaster preparedness and response plan by March 31 of each year. This plan shall
include provisions for additional personnel and equipment and shalt establish a
reasonable, verifiable basis for any charges. In the event that excess work resulting from
a natural disaster is compensable by the Federal Emergency Management Agency, or any
other local, state, or federal agency, any �mpensation to the Franchisee shall be subject
to such agency's prior approval. The Franchisee shall be familiar with Federal
Emergency Management Agency documentation requirements and shall provide the
necessary documentation for submission of cost reimbursement requests. The
Franchisee shall be required to submit its Federal Emergency Management Agency
documentation of costs as a condition of payment for additional personnel and
equipment pursuant to this section.
13.19. Insurance.
13.19.1. Workers' Comoensation Insurance. Workers' Compensafion coverage must be
maintained in accordance with statutory requirements as well as Employers Liability
Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by
disease and $500,000.00 aggregate by disease.
13.19.2. Liabilitv Insurance. The Franchisee shall, during the term of this Agreement,
maintain in full force and effect commeroial general liability insurance and automobile
liability insurance, which spec�cally covers all exposures incident to the Franchisee's •
operations under this Agreement. Such insurance shall be with a company authorized to
do business in the State of Florida a�d which possesses a minimum, current rating of
B+ Class Vltl in "BesYs Key Rating Guide." Each policy shall be in an amount of not less
than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without
limitation, death, and property damage liability and the general liability shall include but not
be limited to coverage for PremiseslOperations, Products/Completed Operations,
Contractual, to support the Franchisee's Agreement or indemni4y and Fire Legal Liability.
In addition to the above liability limits, the Franchisee shall maintain a$5,000,000.00
umbrella and/or excess liability coverage. Liability policy(ies) shall be endorsed to show
the City as an additional named insured as its irrterests may appear, and shall also provide
that insurance shall not be canceled, limited, or non-renewed until after thirty (30) days
written notice has been given to the City. Franchisee shall provide the City with copies of
current cert�cates of all required insurance concurrently with execution of this Agreement
by Franchisee. Franchisee expressly understands and agrees that any insurance
protection fumished by Franchisee shall in no way limit its liability to the City or its
responsibility to indemniiy and save harmless City and 4he officials, officers, and
employees of the City under the provisions of this Agreement.
13.20. Indemn�cation. The Franchisee agrees to hold the City and the officials,
officers, and employees of the City harmless from any and all liabilities, losses,
penalties, costs or damages the City, its officials, officers, and employees may suffer as
a result of any claims, demands, suits, or judgments against the City, its officials, •
officers, and employees arising out of or in any way related to the acts or omissions of
20
the Franchisee or its employees under this Agreement. The Franchisee shall not be
• required to indemnify or hold the City harmless for any act or omission caused by the
sole negligence or willful misconduct of the City or its officials, officers, or employees.
This indemnification and hold harmless agreement shall survive the termination or
expiration of this Agreement.
13.21. Damaqe. The Franchisee including, without limitation, its agents, employees and
subcontractors, shall perform all services under this Agreement in such a manner so as
to avoid damage to public and private property and shall promptly repair or pay for any
such damage in conjunction with its insurance adjustment procedures.
Article 14. Administretive Charges to Frenchisee for Failure to Perform
14.0. Failure #o Pav Franchise Fee. Franchise fee payments received after the fifteenth
(15"') day of the month shall bear interest at 18% per year. Except for an Uncontrollable
Force, franchise fee payments received more than twenty (20) days after the due date
shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the
second nonpayment; and $5,000 for the third nonpayment. Three late payments in any
one calendar year, or failure to make payment within thirty (30) days after the due date,
unless due to an Uncontrollable Force shap result in termination of this Agreement.
• 14.1. Customer 5ervice Comolaints. All Customer service complaints received by the
Franehisee or Contract Manager and reported to the Franchisee shall be promptly
resolved pursuant to applicable terms of this Agreement. Customer service Complaints
shall not inClude: Customer informationai requests or RecyGing Container requests.
Customer service complaints may include, but are not limited to, the following:
.1 Commingling Solid Waste with Yard Trash
.2 Throwing of Garbage Receptacles
.3. Failure to collect Solid Waste on schedule
.4 Failure to replace Garbage Receptacles or Commercial Containers to the point
of collection.
14.1.1. In the event Customer service complaints received from Residential Solid Waste
Collection Service customers exceed any of the following percentage(s}:
Garbage, Trash and Damage 4% 0.5%
YaM Trash 2.5% 0.35°k
of the Customers in the Franchise Area served by the Franchisee as determined on the
first day of each calendar year, the Contract Manager may levy $100.00 administrative
charges for each incident exceeding these percentages, on a calendar year or monthly
• basis as is appropriate.
21
14.2. fLeft Intentionallv Blankl
14.3. fLeft Intentionaily Blankl
14.4. Chanaina Scheduled Collection Davs without Aooroval. Changing scheduled
Collection days without approval will result in a$2000.00 administrative charge per
incident.
14.5. Failure to Clean Ua Soillaae. Failure to clean up spillage of any substance required
to be cleaned up by and in accordance with the City of Sebastian requirements will result
in a$200.00 administrative charge per day, per incident.
14.6. Failure to Comolete Route. Failure to complete, either partially or totally, a route on
the regular scheduled collection day shall result in an administrative charge of $1,000 for
each route per day not completed, provided that no such fine will be charged due to an
Uncontrollable Force or if the route is more than ninety percent (90%) complete and is
thereafter completed within five (5) hours.
14.7. Other Performance Standards and Administrative Charqes. The Contract Manager
may also levy administrative charges for all other infractions of this Agreement at $100.00
per day per incident, beginning with the third reported incident, without regarci to the
percentage of customer complaints including, without limitation:
.1.
.2.
.3.
.4.
.5.
.6.
.7
.8.
.9.
10.
11.
12.
Failure to provide clean, safe, sanitary Collection equipment
Failure to maintain office hours as required
Operator not licensed
Collection Vehicle not licensed
Failure to provide documents and reports in a timely and accurate manner
Failure to cover materials on Collection vehicle
Collection vehicles left standing on street unnecessarily
Collection employees out of uniform
Not providing schedule and route maps
Speeding, upon conviction
Failure to Collect Solid Waste or Commercial Solid Waste for any Customer
who has been missed more than three times per calendar year
Failure to respond to Customer calls in a timely and appropriate manner
14.9. Citv Repair of Damape. In the event the Franchisee fails to repair damages caused
by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the
repairs and impose an administrative charge to the Franchisee for the cost of the repairs
and any applicable administrative expenses.
14.10. Pavment of Administrative Charcaes bv Franchisee. The Contract Manager shall
notify the Franchisee in writing of the County's intent to assess any administrative
22
�
I�
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charges provided under this Agreement. The Contract Manager shali provide to .
Contractor an itemized written list of each instance in vrrhich Franchisee failed to meet
the performance standards specified in this Agreement, inciuding the nature of the
failure, date, time, location, and any other available and applicable information, with a
reasonable degree of specificity as allowable under the circumstances. Such itemized
list will be provided to the Franchisee monthly, on or before the tenth (10"') calendar day
of each month. The Franchisee shall have two (2) weeks following receipt of such list to
pay the entire amount of the Administrative Charges or to contest same as set forth
herein. In the event the Franchisee wishes to contest such assessment it shall, within ten
(10) calendar days after receiving such notice, request in writing an opportuniry to be
heard by the Contract Manager and present its explanation and any basis on which the
Franchisee believes any recorded failure to perform within the standards of this
Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of
any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in
writing, the decision of the Contract Manager to the City Manager, who shall conduct a
review of all of the facts and circumstances, and make a determinaUon in writing. The
decision of the City Manager will be final.
Article 15. Default
15.0. Causes of Default . The City may terminate this Agreement, except as othervvise
provided below in this section, by giving Franchisee thirty (30) days advance written
notice, to be served as hereafter provided, upon the happening of any one of the following
events: +
.1. Filina of Insolvencv or Bankruptcv. Franchisee shall take the benefd of any present or
future insolvency statute, or shall make a general assignment for the benefit of creditors,
or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for
its reorganization or the re-adjustment of its indebtedness under the federal bankruptcy
laws or under any other law or state of the United States or any state thereof, or consent to
the appointment of a receiver, trustee or liquidator of all or substantially all of its property;
.2. Declaration of Bankruotcv. By order or decree of a Court, Franchisee shall be
adjudged bankrupt or an order shall be made approving a petition filed by any of its
creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the
readjustment of its indebtedness under the Federal bankruptcy laws or under any law or
statute of the United States or of any state thereof, provided that if any such judgment or
order is stayed or vacated within sixty (60) days after the entry thereof, any notice of
cancellation shall be and become null, void, and of no effect; unless such stayed judgment
or order is reinstated in which case, said default shall be deemed immediate;
.3. Control bv Receiver. Trustee. or Liauidator. By or pursuant to or under authority of any
legislative act, resolution or rule or any order or decree of any Court or govemmental
board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take
possession or control of all or substantially all of the property of the Franchisee, and such
possession or control shall continue in effect for a period of sixty days; or •
23
� .4. Failure to Perform Services under Aareement. The Franchisee has defaufted, by
failing or refusing to perform or observe the terms, c�nditions or covenants in this
Agreement or has wrongfuily failed or refused to comply with the instructions of the
Contract Manager relative thereto, whether such default is considered minor or major, and
such defauk is not cured within thirty (30) days of receipt of written notice by City to do so,
or ff by reason of the nature of such default, the same cannot be remedied within thirty (30)
days following receipt by Franchisee of written demand from City to do so, Franchisee fails
to commence the remedy of such default within said thirty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing
thereof (with Franchisee having the burden of proof to demonstrate that the default cannot
be cured within thirty (30) days, and that it is proceeding with diligence to cure such
defauft, and such default will be cured within a reasonable period of time). Failure to make
timely payment of the Franchise Fee shall not be considered a curable default.
.5. Reoeated Unauthorized Collection. Franchisee has on four (4) occasions during the
term of this Agreement been found to have Collected Residential Solid Waste generated
from outside the Residential Solid Waste Franchise Area from non-Customers without
the prior written approval of the Contract Manager.
15.1. Interim Collection Services. NotwRhstanding anything corrtained herein to the
contrary, if Franchisee fails to provide Residential Solid Waste Collection Senrice for a
• period of three (3) consecutive scheduled Collection days, the City may obtain the
Franchisee's Collection records on the fourth Collection day to provide applicable interim
Collection services until such time as the Franchisee is again able to perForm pursuant to
this Agreement; provided, however, ff the Franchisee is unable for any reason or cause to
resume performance at the end of ten (10) working days, all liability of the City under this
Agreement to the Franchisee shall cease and this Agreement may be deemed
immediately terminated by the City.
15.2. Habitual Violator. Nohnrithstanding the foregoing and as supplemental and
additional means of termination of this Agreement under this section, in the event that
Franchisee's record of performance shows that Franchisee has frequently, regularly or
repetitively defaulted in the performance of any of the covenants and conditions required
herein to be kept and performed by Franchisee, in the reasonable opinion of the City and
regardless of whether Franchisee has corrected each individual default, Franchisee shall
be deemed a"habitual violator," shall forfeit the right to any further notice or grace period
to correct or cure future defaults, and all of such defaults shall be considered cumulative
and, collectively, shall constitute a condition of irredeemable default. The City shall
thereupon issue a final waming letter to Franchisee, setting forth in detail all of the facts
and circumstances constituting the determination of "habitual violator." Thereafter, any
single default by Franchisee of whatever nature shall be grounds for immediate
termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written final notice to Franchisee, such
• termination to be effecUve on the date set forth in the final notice, and all contractual fees
due under this Agreement plus any and all charges and interest shall be payable to such
24
date, and Franchisee shail have no further rights under this Agreement. Immediately upon •
receipt of such final notice, Franchisee shall proceed to cease any further performance
under this Agreement.
15.3. Date of Aareement Termination for Default Except as othervvise provided in this
section, termination shall be effective upon the date specified in Cit�'s written notice to
Franchisee and upon such date this Agreement shall be deemed immediately terminated
and upon such termination all liability of the City under this Agreement to the Franchisee
shali cease, and the City shall be free to negoUate with any Person for Collection senrices.
The Franchisee shall reimburse the City for all direct and indirect costs of providing interim
Coilection service.
Article 16. General Provisions
16.0. Suroival. Except as othervvise expressly provided herein, each obligation in this
Agreement to be performed by Franchisee shall survive the termination or expiration of
this Agreement.
16.1. Waiver. The failure of the City at any time to require perFormance by the Franchisee
of any provision hereof shall in no way affect the right of the City thereafter to enforce the
same. No waiver by the City of any breach of any provision hereof shall be taken or held
to be a waiver of any succeeding breach of such provision or as a waiver of any provision
itself.
16.2. Remedies. No remedy herein conferred upon any party is intended to be •
exclusive of any other remedy and each and every such remedy shall be cumulative
and shall be in addition to every such remedy given under this Agreement or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party or any right, power, or remedy under this Agreement shall
preclude any other or further exercise thereof. If any legal action or other
proceeding is brought for the enfor�cement of this Agreement or because of an
alleged dispute, breach, default, or misrepresentation in connection with any
provisions of this Agreement, each party shall bear its own costs.
16.3. Govemina Law and Venue. This Agreement shall be govemed by the laws of the
State of Florida. Any and all legal action necessary to interpret or enforce the Agreement
will be held in Indian River County and the Agreement will be interpreted according to the
laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute
relating to this Agreement.
16.4. Severabilitv. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion or
provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as 'rf the
Agreement did not contain the particular portion or provision held to be void. The parties •
25
. further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The
provisions of this Section shall not prevent the entire Agreement from being void should a
provision which is of the essence of the Agreement, at the option of the City, be
determined to be void.
16.5. Assianment and Subcontractinp.
16.5.1 Assianment of Entire As�reement. No assignment of this Agreement or any right
occurring under this Agreement shall be made in whole by the Franchisee without the
express prior written consent of the City. The City shall have full discretion to approve or
deny, with or without cause, any proposed assignment by the Franchisee. Any
assignment of this Agreement made by the Franchisee without the express prior written
consent of the City shall be null and void and shall be grounds for the City to deGare a
default of this Agreement and immediately terminate this Agreement by giving written
notice to the Franchisee. Upon the date of such notice, this Agreement shail be deemed
immediately terminated, and upon such termination all liability of the City under this
Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any
Person for the services that are the subject of this Agreement. In the event of any
permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under
this Agreement.
• 16.52. fLeft Intentionallv Blankl
16.6. Modification of the Acareement. This Agreement consGtutes the entire agreement
and understanding between the parties hereto and supersedes all prior and
contemporaneous agreements and understandings, representations and warranties,
matters, whether oral or written, relating to such matters and this Agreement shall not be
considered modified, altered, changed, or amended in any respect unless in writing and
signed by the parties hereto. Such mod�cation shall be in the form of an Amendment
executed by both parties.
16.7. Indeoendence of P9rties. It is understood and agreed that nothing herein
contained is intended or should be construed as in any way establishing the relationship of
co-paRners orjoint venturers between the parties hereto, or as constituting the Franchisee
as the agent, representative, or employee of the City for any purpose whatsoever. The
Franchisee is to be and shall remain an independent contractor with respect to all services
perFormed under this Agreement.
16.8. Resolution of Disoutes. Except as specifically provided herein, any and all
disputes or disagreements arising out of this Agreement shall be subject to the decision
of the Contract Manager, with right of the Franchisee to appeal to first the City Manager,
and thereafter to the Council, whose decision shall be final and binding. During any
dispute, the Franchisee shall continue to render full compliance with this Agreement
• regardiess of the nature of the dispute, unless the City specifically notifies the
Franchisee otherwise.
26
� 16.9. Re�resentations of the Franchisee. The Franchisee represents that: (a) it is a
corporation duly organized under the laws of the State of Florida; (b) this Agreement
has been duly authorized, executed, and delivered in the State of Florida; and (c) it has
the required power and authority to perform this Agreement.
16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement
have been completely read, are fully understood, and are voluntarily accepted; that
Franchisee affirmatively states that it has had the benefit of advice from counsel of its
own choosing before executing this Agreement; that Franchisee has voluntarily and with
full understanding executed this Agreement and accepted its terms and conditions. The
teRns of the Agreement shall not be construed against either party as the "drafter" of the
document.
16.11. Notices. All dealings, contacts, notices, and payments between the Franchisee
and the City shall be directed by the Franchisee to the Contract Manager and by the
City to the Franchisee's Project Manager, each of whom shall be designated and
identified to the other party, in writing, upon execution of this Agreement. Any notice,
demand, communication, or request required or permitted under this Agreement shall
be in writing and delivered in person or sent by certified mail, postage-prepaid as
follows:
• As to the City:
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attention: City Manager
Copy to: City Attomey
As to the Franchisee:
Waste Management Inc. of Florida
c/o Harris Sanitation
7382 Talona Drive
West Melboume, FI 32904
Attention: District Manager
copy to:
Waste Management Inc. of Florida
2700 NW 48"' Street
Pompano Beach, FL 33073
attention: Florida Counsel
Notices shall be effective when received at the address as specified above. Change5 in
the respective address to which such notice is to be directed may be made from time to
time by written notice. Facsimile transmission is acceptable notice effective when
received, provided, however, that facsimile transmissions received (i.e.; printed) after 4:30
�
27
p.m. or on weekends or holidays, will be deemed received on the next day that is not a
weekend day or a holiday. The original of the notice must additionally be mailed.
16.12. Counteraarts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original copy and all of which shall constitute
but one and the same instrument.
16.13. Headinqs. Captions and headings in this Agreement are for ease of reference
only and shall not constitute a part of this Agreement nor affect its meaning,
construction, or effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year above written.
Attest:
By
� G � CM1er�l�-' CMc
Approv d � � �j
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City Attomey
Witness Signatu
Print Name:
Witness Signature:
Print Name: S
CI S IA�
B
Date: � �
FRANCFiI EE:
WASTE M�NAGEMENT INC. OF FLORIDA,
Name and Tftle:
(AFFIX CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF I(�,2�Ar2t'7
The foregoing instrument was acknowledged before me this � day of �,
2008by (��j�¢�s .TG4� �4as Vie� ��Pesiav.vT of WASTE
MANAGEMENT INC. OF F�LdRIDA., a Florida corporation, on behalf of same. He/sF�e
is personally known to me
�aus.
(NOTARY SEAL) NOTARY SIGNATURE:
,,,��„ NancyE.Malito ��� ���
,� . �-.
�a�""�: Commissian#DD159188
,�,� �;; Expires: Oct 17, 2006 28
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a�u�•• AtlanticBo�ingCo.,lnc.
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PRINTED NOTARY SIGNATURE
Notary Public, State of
Commission Number:
My Commission Expires:
' CERTIFICATE OF INSURANCE °ate: c"'""°°"�,�>
12/10/2005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lockton Companies of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5847 San Felipe, Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston, TX 77057 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-260-3538(Phone)
866-492-1055 (Fax) INSURERS AFFORDING COVERAGE
INSURED: Waste Management Holdings, Inc. 8 All Affiliated, �nsurer A: ACE American �� e Company
Related 8 Subsidiary Companies including: Indemni Insurance Q � America
Harris Sanitation Inc. ICISU�2P B: tY
P O Box 120189 I11SU�@I' C: ` ,� 9
West Melboume, FL 32912-0189
Insurer D:
Insurer E: -�
COVERAGES
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 WffH 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. AGGREGATE LIMITS SH01NN MAY BE EXHAUSTED BY PAID CLAIMS.
INSR TypE OF INSURANCE POLICY NUMBER EFFECTNE DATE EW'irtaTioN LIMITS
LTR DATE
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (ANYONEFlR� $ �j OOO OOO
� �
X OCCURRENCE HDOG21714318 1/1/2006 1/1/2007 MEOexPmeRP�soro
X XCU INCLUDED PERSONAL & ADV INJURY $ S,OOO,OOO
X ISO FORM CG o0 01 12 04 GENERAL AGGREGATE $ 6,000,000
GEN'L AGGREGATE LIMR APPLIES PER: PRODUCTS/COMP. OP. AGG $ C,OOO,OOO
X PROJECT
X LOCATION
AUTOMOBI�E LIABILITY COMBINED SINGLE LIMIT $ 10,000,000
A X ANY AUTO (EACH ACCIDENT)
X ALLOWNEDAUTOS ISA H08218997 1/1/2006 1/1/2007
X HIRED AUTOS
X NON-OWNED AUTOS
X MCS-80
EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 15,000,000
A X OCCURRENCE XOOG23572503 1N/2006 1/1/2007 AGGREGATE $ 15,000,000
• CLAIMS MADE '
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPtOYERS LfABILITY WLR C44338440 (AOS) 1/1/2006 1/1/2007 ELEACHACCfDENT $ 3,000,000
A WLR C44338427 (CA) 1/1/2006 �/�/2�7 ELDISEASE-EAEMPLOYEE $ 3,000,000
A SCF C44338403 (WI) 1/1/2006 1/1/2007 ELDISEASE-POLICYLIMIT $ 3,000,000
REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS:
CHECK BLANKET WANER OF SUBROGATION IS GRAN7ED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITiEN CONTRACT.
BOX
� CERTIFICATE HOLDER IS NAAAED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL'30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO
SO SHALL IMPOSE NO OBLIGATION OR LIABILffY OF ANY KIND UPON THE INSURER, ITS
City of Sebastian AGENTS OR REPRESENTATNES.'EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT.
1201 Main Street AUTHORIZED REPRESENTATIVE:
Sebastian, FL 32958
�'.�—�".�.t�-�
' CERTIFICATE OF INSURANCE °a�ti orzoos �
PRODUCER THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION
Lockton Companies of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ,
5847 San Felipe, Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston, TX 77057 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-260-3538(Phone)
866-492-1055 (Fax) INSURERS AF G COVERAGE
INSURED: Waste Management Holdings, Inc. & All Affiliated, �nSUf@f A: ACE American Irrstir�r�t
Related 8� Subsidiary Companies including: Indemni Ins ran an of No rica
Waste Management Incorporated of Florida Insurer B: tY Y
7382 Talona Drive 111SU1'2P C:
West Melboume, FL 32904 _
Insurer D: � -
insurer E: - -
COVERAGES
THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH 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. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
INSR NpE OF INSURANCE POLICY NUMBER EFFECTNE DATE �P��TioN LIMITS
LTR DATE
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIAI GENERAL LIABILITY FIRE DAMAGE (nrrvONEFlRE) $ �j,OOO,OOO
X OCCURRENCE HDO G21714318 1/1/2006 U1/2007 MED FXP �a�tP�xsor�
X XCU INCLUDED PERSONAL & ADV INJURY $ 5,000,000
X ISO FORM CG o0 01 72 04 GENERAL AGGREGATE $ 6,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMP. OP. AGG $ G,OOO,OOO
X PROJECT
X LOCATION
AUTOMOBILE LIABILITY COMBINED SINGLE uMIT $ 10,000,000
A X '� AUTO (EACH ACCIDENI)
X ALL OWNED AUTOS ISA H08218997 1/1 /2006 1/1 /2007
X HIRED AUTOS
X NON-OWNED AUTOS
X MCS-90
EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 15,000,000
A X occuRReNCe XOOG23572503 1/1/2006 1/1/2007 AGGREGATE $ 15,000,000
' CLAIMS MADE
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORI(
B and EMPLOYERS LIABILITY WLR C44338440 (AOS) 1/1/2006 1/�/2007 EL E�CNACCroEnrr $ 3,000,000
A WLR C44338427 (CA) 1/1/2006 1/1/2007 EL DISEASE-EA EMPLOYEE $ 3,000,000
/� SCF C44338403 (WI) 1/1/2006 1/1/2007 EL DISEASE-POLICY LIMIT $ 3,000,000
REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENT PROVISIONS:
CHECK gVqNKET WANER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POUCIES WHERE AND TO THE DfTENT REQUIRED BY WRITTEN CONTRACT.
BOX
� CERTIFlCATE HOLDER t3 NAMED A8 AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPIEL) WHERE AND TO THE EXTENT RE�UIRED BY WRITTEN CONTRACT.
Additional Insured in favor of the City of Sebastian (on all policies except Workers' CompensatfonlEL) where and to the extent
required by written contract
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL'30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO
SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS
CI�/ Of S@bBStiafl AGENTS OR REPRESENTATNES.'EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT.
1225 Main Street AUTHORIZED REPRESENTATIVE:
Sebastian, FL 32958
�—����c G�
I��°
�
CERTIFICATE OF INSURANCE Date: (MM/DD/YY)
12/10/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lockton Companies of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5847 San Felipe, Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston, TX 77057
866-260-3538 (Phone) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-492-1055 (Fax) INSURERS AFFO OVERAGE
INSURED: Waste Management Holdings, Inc. & All Affiliated, 111SUf@I' A: ACE America rance ny
Related & Subsidiary Companies including: Indemnit ance Com an orth America
Harris Sanitation Inc. ICISUf@I" B: Y P Y
P O Box 120189 Insurer C:
West Melbourne, FL 32912-0189
Insurer D:
Insurer E:
COVERAGES 9C8 V
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 OOCUMENT 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. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
� TR 7�1�PE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS
DATF
GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
A X COMMERCIALGENERALLIABILITY FIREDAMAGE�nNVONeFiae� $ rj,OOO,OOO
X OCCURRENCE HDO G23718200 1/1/2007 �/�/ZOOH MED EXP (PERPERSON)
X XCU INC�UOED PERSONAL & ADV INJURY $ 5,000,000
X is0 FORM CG o0 ot 12 04 GENERAL AGGREGATE
$ 6,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMP. OP. AGG $ F),OOO,OOO
X PROJECT or LOCATION
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO (EACH ACCIDENT)
X ALL OWNED AUTOS ISA H08226994 1/1 /2007 1/1 /2008
X HIRED AUTOS
X NON-OWNED AUTOS
X MCS-90
A EXCESS AUTO LIABILITY XSAH0822707A 1/1/2007 1/1/2008 COMBINED SINGLE LIMIT $ 9,000,000
EACH ACCIDENT
EXCESS LIABILITY/UMBRELLA
EACH OCCURRENCE $ 15,000,000
A X OCCURRENCE XOOG23792886 1/1/2007 1/1/2008 AGGREGATE $ 15,000,000
CLAIMS MADE
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPLOYERS LIABILITY WLR C44458226 (AOS) 1/1/2007 1/1/2008 EL EACH ACCIDENT $ 3,000,000
A WLR C44458196 (CA) 1/1/2007 �/'I/ZOOH EL DISEASE-EA EMPLOYEE $ 3,000,000
A SCF C44458214 (WI) 1/1/2007 1/1/2008 EL DISEASE-POLICY LIMIT $ 3,000,000
REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS:
CHECK � B�NKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRiTTEN
BOX
CONTRACT WHERE PERMISSIBLE BY LAW.
� CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
'�� � .���4 ' � �i� �F€� .
� _� �'� � ����.� ��;
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL'30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO
SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS
City of Sebastian AGENTS OR REPRESENTATIVES.'EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT.
1201 Main Street AUTHORIZED REPRESENTATIVE:
Sebastian, FL 32958
L��- �,e--°'-�-�-Lr
�8 -'.
'i..�'_
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYVVYI
I / l /2009 12/ 13/2007
PRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOUSTON TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
I INSURERS AFFORDING COVERAGE NAIC #
__ _ __ _— --- _ _- _ f_
.___ _ __ -_
INSURED � � WSURER A: /�(�L Am�t-ic.an Inswanc� C'om an 22��%
WASTE MANAGEMENT HOLDWGS INC. & ALL AFFILIATED, - P y-
_ _ _-
1300299 RELATED & SUBSIDIARY COMPAN�IES INCLUDWG: I �rvsuReR e hidemnrtv Insurance Cu uf North Ameri�a 43575
- _ _ _ __ _ - --- --
7382 TALONA DRIVE irvsuaER c:
ANA EMENT, IN
� , __ - - --- - _ _— --
WEST MELBOURNE FL 32904 I wsuaeR o:
_ T _
�-_ __- _ __ _ ---
' INSURER E:
COVERAGES WASMA51 AJ NSURER SF�AUTHORIZEDUREP ESENTATI �E OR PRODUCER AND THE C RTIF CATE HOLDER�NG
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO�ICY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
– ---- --- –__
_ _ __
INSR DD'L POUCY EFFECTIVE POLICY EXPIRATION �
LTR POLICY NUMBER DATE MM DD YY DATE MM DD YY 11MITS
GENERAL LIABIUTY I EACH OCCURRENCE SS�OOO�OOO
I DAMAGE TO RENTED ��
_ _. . . __. . . .---
]/1/2008 ,� ]/1/2009 s5,000.000
A I X co i c�a,innsMnoEE �AX LI occuR 'I HDO G23736767 �I i_MEO exPSin�� o�e Pe 50�� I sXXXXXXXXXX
�_ _ _
X XCU INCLUDED � � � PERSONAL & ADV INJURY SS OOO,OOO
..--- ..._. I .. �,� _. __.. .. __— .._----- ---
--
X ISO CG OOOIIZO4 li GENERAL AGGREGATE S6 OOO,OOO
_ - __ __-- _
GEN'L AGGREGATE UMIT APPLIES PER: � II PRODUCTS COMP!OP AGG� SG,OOO,OOO
..__ ...__ _ . _._--.. _. .__...
POLICY � X PRO- X LOC I I
AUTOMOBILE LIABIUTY II COMBINED SINGLE LIMIT
A� X nrvvauTO ISA H08240395 � 1/1/2008 I 1/I/2009 ��Ea a���ae�t� � s1,000,000
� _ - __ _ _
_X ALL OWNED AUTOS I ,� I BODILY INJURY I� SXXXXXXXXXX
SCHEDULED AUTOS ', IPer person) i
___ � . . _. _ _ . _ _- - � ---
I . . _ . . --- ..
X NON-OWNED AUTOS � I BODILV INJURY I SXXXXXXXXXX
X HIRED AUTOS I� li I(Per accident)
� - . I� -. _-_- -__ —� ---._ ..
— -
X MCS-90
--� ----- �-�� ----�� i PROPERTY DAMAGE SXXXXXXXXXX
IPer accidentl
GARAGE LIABILITY � � �I AUTO ONLY - EA ACCIDENT SXXXXXXXXXX
_ � i -_. . -- — --- -.. .__.. ._._- ------
ANVAUTO NOT APPLICABLE 'I ea ncc � sXXXXXXXXXX
i OTHER THAN .__... ..i_ __ _ __ __ ..__. _
��. AUTO ONLV: qGG SXXXXXXXXXX
A I X OCCUR CLAIMSMADE XOOG�3HH93�9 ��I�7����� � ���O(�� I EACH OCCURRENCE S�S,OOO,OOO
� ESS/UMBRELLA LI i BILITV I, ' -- — - . ... _ . _ . . .... .
�
accRECaTe �s15,000,000
_ _ _ _-
❑ UMBRELLA ' ��� SXXXXXXXXXX
_ _-
X FORM i + SXXXXXXXXXX
�, I
DEDUCTIBLE ' �I
RETENTION 5 �'� '�, SXXXXXXXXXX
EMPLQYERS' L!AP,ILITY i I I X WC STATU OTH-�
ANV PROPflIETOR/PAflTNER/EXECUTNE ( � �. TORY LIMITS ;.__ ER ____
B I WORKERSCOMPENSATIONAND WLRC4399i646(AOS) UUZOOH ��. ��I�ZOO9
� �f es,describeunder WL,RC43997609 CA 1/1/ZU(12i 1l1/2110`J IE.L EnCNACCioervT 5300(1VOU
I �
_ __
-
/� OFFlCER/MEMBER EXCLUDED? �SCF'C4j99']j(�'J(W�� , I���ZQO�{ I, ]�]�7QQ9 E.L DISEASE EA EMPLOYEE 53,000�000
.__ ___. ._—_ ___.
SPECIAL PROVISIONS below N� '� �E.L DISEASE - POLICV LIMIT� �� SJ,U�)U,�)�)O
A O7HeR XSA}i08240231 �;' 1/l/2008 l/1/2009 COM131NGDSINGLELIMfI�
LXCESS AUTO LlABI1.ffY i $9.000.000
I
� � (EACII ACCIDLN'I')
DESCR�PTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
CANCf:LLATiON: 30 DAYS *EXCEPT 10 DAYS NO"iICE FOR NON-PAYM[:Nl�. BLANKt:T WAIVFR OI� SUBROGA'f10N IS GRAN"�ED IN f=AVOR 01=
CERTIPICATE IIOLDER ON ALL POLICIES WHERL AND'1�(7 THE [X'fENT KFp UIR[D l�Y WRI'f`I�EN ('ONTRACT WHFRE PERMISSIBLE F3Y LAW.
CERTIFICATE f10LDER IS NAM[iD AS AN ADDI�IIONAL INSURED (LXCEPT I�bR WORKERS' ('OMP/L�:I,) WHERf? AND'1�0 TIIE FX"CENT R[:QUIRLD
13Y WRITIEN CONTRA('T.
3420930 SHOUID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXPIRATION
CITY OF SEBASTIAN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
1201 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
SEBASTIAN FL 32958
IMPOSE NO OBLIGATION OR LIABILITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATI V ES.
AUTHORIZED REPRESENTATIVE
�— �Y
ACORD 25 ( 2001 /08) For questions regarding Ihis certificate, contact ihe number listed in the'Producer' section above and specify the client code "WASMA51". `O qCORD CORPORATION 1988
DATE (MMIDDIYYYY)
ACORDrM CERTIFICATE OF LIABILITY INSURANCE �ili2o12 i2isi2o�o
PRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOUSTON TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED,
1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING:
WASTE MANAGEMENT, INC. - HARRIS SANITATION
7382 TALONA DRIVE
WEST MELBOURNE FL 32904
INSURERS AFFORDING COVERAGE NAIC #
wsuReRn: ACE American Insurance Company 22667
iNSURER e lndemnity Insurance Co of North America 43575
iNSUReR C: ACF. Property & Casualty Insurance Co 20699
INSURER D
I I I INSURER E�. I I
COVERAGES WASMAS � A.I THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
INSURER S AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ S OOO OOO
A X COMMERCIAL GENERAL LIABILITY HDO �i25524937 UU201 1 UU2012 PREM SES� a oNcurence $ S OOO OOO
CLAIMS MADE � OCCUP. MEC EXP (Ary one person) $ i}��(}(ii(i
X XCU INCLUDED PERSONAL & ADV INJURY $ S OOO OOO
X ISO FORM CG OOOI 1207 GENERAL AGGREGATE $ E) OOO OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ G OOO OOO
PRO-
POLICY X JECT X LOC
A AUTOMOBILE LIABILITY MMT HO8631463 1/U2O11 1/1/2012 COMBINED SINGLE LIMIT g ��OOO,OOO
�{ ANY AUTO (Ea accident)
X ALL OWNED AUTOS BODILY INJURY $ XXXXXXX
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $ XXXXXXX
�{ NON-OWNED AUTOS (Par accidenQ
X MCS-9O PROPERTY DAMAGE $ XXXXXXX
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICAI3LE OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY�. qGG $ XXXXXXX
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ I S OOO OOO
C X OCCUR � CLAIMS MADE XOO G25$2$562 1/1/2011 ����Z��2 AGGREGATE $ �S,OOO OOO
UMBRELLA $ XXXXXXX
DEDUCTIBLE � FORM $ XXXXXXX
RETENTION $ $ XXXXXXX
[3 WORKERS COMPENSATION AND WLR C464C9%6R (AOS� ���IZO� � ��IIZO�2 X WC STATU- OTH-
EMPLQYERS' LIABIL.ITV y/ ry TORY LIMITS ER
'� ANVPROPRIETOR/PARTNER/EXECUTIVE � WLR C464Gy%%A �CA R, MA� I�I�ZO� I ����ZU�2 EL EACHACCIDENT $ 3>�UU�ODU
� OFFICER/MEMBEREXCLUDED? SCFC4G4GI�RI WI �I�IZO�� ��I�ZO�2
(Mandatory in NH) � � EL. DISEASE - EA EMPLOYEE $ 3,���,���
If yes, describe untler
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 3,000,000
�� OTHER XTRH0863I475 1/1/2011 UI/2012 COME3INGDSINGLELIMIT
EXCESS AUTO $9,OOQ000
LIABILITY (EACH ACCIDENT)
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CANCELLATION: 30 DAYS EXCEPT 10 DAYS NO�'ICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGA'i'ION IS GRANTED IN FAVOR OF
CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED QY WRITTEN CONTRACT WFIERE PERM[SSIBLE BY LAW.
CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKtiRS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED
BY WRITTEN CONTRACT.
3420930
CITY OF SEBASTIAN
1201 MAIN STREET
SEBASTIAN FL 32958
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIV ••�
�! T
�� )
ACORD 25 (2009/01) � 1988-2009 ACORD CORPOR/�C710N. All rights reserved
The ACORD name and lo�o are registered marks of ACORD
For ouestions reoartlino this certificate, contact the number lis etl In the'Protlucef sec[fon above antl soecifv [he clfen[ cotle'WASMA57'.
ACORD� DATE (MM/DD/YWY)
CERTIFICATE OF LIABILITY INSURANCE 1,,,2013 12isi2oii
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 BENVEEN 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 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 dces not confer rights to the
certificate hotder in lieu of such endorsement(s).
PRODUCER LOCKTON COMPANIES, LLC
5847 SAN FELIPE, SUITE 320
HOUSTON TX 77057
866-260-3538
INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED,
1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING:
WASTE MANAGEMENT, INC. - HARRIS SANITATION
7382 TALONA DRIVE
WEST MELBOURNE FL 32904
Indemnity Insurance Co of North Ar
ACE Pronertv & Casualtv Insurance
COVERAGES WASMA51 AJ CERTIFICATE NUMBER: 3420930 REVISION NUMBER: XX���XX��
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 T1(FE OF INSURANCE �N R POLICY NUMBER MM/DD/YYYY MM/DD LIMITS
A GENERAL LIABILITY y y IIDO G26436886 1/1/2�12 1/1/2013 EACH OCCURRENCE 5 00� 0��
DAMAGE TO RENTED S OOO OOO
X COMMERCIAL GENERAL LIABILITY PREMI E Ea occurrence
CLAIMS-MADE � OCCUR MED EXP An one erson ����}��
X XCU INCLUDED PERSONAL & AOV INJURY $ S OOO OOO
X ISO FORM CG 00011207 GENERAL AGGREGATE $ E) OOO OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ G OOO OOO
POLICY X JE � X LOC $
A AUTOMOBILE LIABILITY y y MMT H08692853 1/1/2012 1/1/2013 EO aBl�aeDtSINGLE IIMIT $ 1 OOO OOO
X ANY AUTO BODILY INJURY (Per person) $����XX
ALL OWNED SCHEDULED BODILY INJURY (Per accident $ XX�����
X AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $ XXX��XXX
X HIRED AUTOS X AUTOS Per aceident
}� MCS-90 $ XXX����
C X UMBRELLA LIAB X OCCUR Y Y XOO G25834501 1/1/2012 1/1/2013 EACH OCCURRENCE $ iS OOO OOO
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 S OOO OOO
DED RETENTION $
$ XXX��XX��
WORKERS COMPENSATION WC STATU- OTH-
B AND EMPLOYERS' LIABILITY Y WLR C46774735 AOS� 1/1/2012 1/1/2013 X T RY LIMIT
A Y� N WLR C46774747 CA MA) 1/1/2012 1/1/2013 E.L. EACH ACCIDENT
ANY PROPRIETORIPARTNER/EXECUTIVE $ 3 OOO OOO
A OFFICERIMEMBER EXCLUDED? N❑ N� A SCF C4G%%S%IA I�LI2O12 I/LIZO13
(ManAatory in NH) E.L. DISEASE - EA EMPLOYEE 3 0�� ���
DESCRIP� N OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 3 OOO OOO
A EXCESS AUTO Y Y XTR H08692865 1/i/2012 1/1/2013 CoMBINED SINGLE LIMIT
LIABII,ITY $9,000,000
(�ACH ACCIDENT)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /�Attach ACORD 707, Additional Remarks Schedule, if more space is required)
BLANKET Wf1IVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT
RE�UIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDTI'IONAL INSURED
(EX EPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION
3420930
CITY OF SEBASTIAN
1201 MAIN STREET
SEBASTIAN FL 32958
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
�
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