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2010-01-MCITY OF CLERMONT ORDINANCE No. 2010-O1-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO ADVANCED DISPOSAL, PROVIDING FOR THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. The City, acting by and through its City Council, hereby grants unto Advanced Disposal, its successors and assigns, anon-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. SECTION 2. The rights granted herein shall specifically not include: A. the collection and disposal all residential refuse; B. the collection and disposal of all commercial refuse generated by establishments which: (1) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (2) require service two or less times per week. SECTION 3. The City hereby grants anon-exclusive franchise to Advanced Disposal, and Advanced Disposal, will agree to collect and dispose of commercial refuse other than that described in Section 2 of this ordinance under the conditions set forth in this ordinance and in the Franchise Agreement attached hereto and incorporated herein as Exhibit "A". SECTION 4. Advanced Disposal shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Advanced Disposal shall covenant to hold harmless and indemnify and indemnify the City for any and all damages, including attorney fees, arising out of directly or indirectly and/or by virtue of any claim, whether 1 CITY OF CLERMONT ORDINANCE No. 2010-O1-M actual or threatened, of whatsoever nature resulting from the activities of Advanced Disposal, its agents, servants or employees, within or without the city limits. Advanced Disposal will, within five (5) days from the adoption of this ordinance, cause to be written a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by Advanced Disposal, its servants, agents, and employees, of the services required under this ordinance and the franchise hereby granted, which said policy shall be written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less than $100,000 for damages to property per occurrence. SECTION 5. Advanced Disposal shall post with the City a surety bond or letter of credit in the amount of $100,000 guaranteeing the faithful performance by it of all of its obligations and covenants under said contract. SECTION 6. This franchise and the contract between the City and Advanced Disposal shall be in full force and effect until January 26, 2011 commencing immediately; and this franchise and contract shall thereafter be automatically renewed from year to year unless terminated by either party upon not less than sixty (60) days written notice. SECTION 7. Advanced Disposal shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. SECTION 8. This ordinance and the franchise granted thereby are applicable to all lands lying within the corporate limits of the City and shall be applicable with equal force to any additional lands hereinafter included within the corporate limits of the City, and no such addition of lands or to be excluded from the corporate limits as the same presently exist, shall invalidate this ordinance or the franchise granted hereunder, or constitute a basis for any adjustment to or claim under any contract which may be executed under the authority of this ordinance. SECTION 9. All ordinances and/or parts of ordinances which are in conflict with this ordinance are hereby repealed and same shall be of no further force and effect. 2 CITY OF CLERMONT ORDINANCE No. 2010-O1-M SECTION 10. This ordinance shall be published as provided by law, and it shall become law and take effect upon its second reading and Final passage. PASSED AND ORDAINED BY the City Council of the City of Clermont, Lake County, Florida on this 26th day of January, 2010. o S. Turville, Jr., Mayor ATTES Tracy Ackr d, City Clerk 3 CITY OF CLERMONT ORDINANCE No. 2010-O1-M EXHIBIT "A" CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 26th day of January, 2010, by and between the City of Clermont, Florida ("City"), and Advanced Disposal, whose address is 405 Thorpe Road, Orlando, Florida 32824 ("Grantee"). RECITALS: WHEREAS, City as a municipal corporation of the State of Florida has the authority and right to regulate the use of public right-of--way and related facilities in conjunction with the commercial activity of the collection and disposal of commercial waste; and WHEREAS, Grantee has requested the City grant to it anon-exclusive franchise right to operate within the incorporated municipal limits of the City of Clermont; and NOW THEREFORE THE PARTIES DO HEREBY AGREE AS FOLLOWS: SECTION 1 DEFINITION. Definitions of terms used in this Ordinance: (A) "Refuse" includes all garbage and other trash generated by citizens of the City and businesses within the City. (B) "Residential Refuse" is that refuse generated by residents of the City. (C) "Commercial Refuse" is that refuse generated by commercial and industrial establishments presently operating in the City and any such establishment which may begin operative during the term of the contract contemplated herein. Multi-family residential maybe considered commercial use. SECTION 2 GRANT OF FRANCHISE. Pursuant to City of Clermont Ordinance No. 2010-O1-M, the City hereby grants to Grantee, and the Grantee hereby accepts, anon-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. 4 CITY OF CLERMONT ORDINANCE No. 2010-O1-M SECTION 3 INCORPORATION OF THE ORDINANCE. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No. 2010-O1-M as passed on January 26, 2010, hereinafter "the Ordinance". Grantee agrees to comply with all provisions of the Ordinance, as amended from time to time by the City in the lawful exercise of its Police Powers. SECTION 4 COMPLIANCE WITH OTHER FEDERAL, STATE, AND LOCAL REQUIREMENTS. The Grantee agrees to comply with all applicable federal and state laws, rules and regulations. Failure on the part of the Grantee to comply with material requirements of this Agreement, the Ordinance or/and any other local, state or federal law, ordinance, or rule or regulation relating to the collection and disposal of solid waste will result in the cancellation of this Franchise. SECTION 5 INSURANCE, INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND. (A) Grantee shall, within five (5) days from the adoption of this ordinance, cause to be written a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by Grantee, its servants, agents, and employees, of the services required under this ordinance and the franchise hereby granted, which said policy shall be written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less than $100,000 for damages to property per occurrence. In the event that said policy is ever canceled or terminated, Grantee shall notify City immediately with the name and proof of the replacement insurance carrier and policy. (B) Grantee does hereby agree to indemnify, hold harmless and defend City from any and all causes of actions or claims of any kind for damages of any kind, including attorney fees, whether actual or threatened, and related in any matter, directly or indirectly to the Grantee's exercise of any rights granted hereunder, either within or without the City limits. (C) Nothing herein shall be construed or act as a waiver of any sovereign immunity the City may enjoy in accordance with applicable law, the protection of which the City expressly reserves. SECTION 6 LIMITATION OF GRANT OF FRANCHISE. The non-exclusive franchise right granted herein is limited by the Ordinance and shall specifically not include the following to the following: 5 CITY OF CLERMONT ORDINANCE No. 2010-O1-M (A) the collection and disposal of all residential refuse; (B) the collection and disposal of all commercial refuse generated by establishments which: (1) utilize twelve (12) or less refuse cans per pick up each, with a capacity not exceeding thirty (30) gallons and/or (2) require service two or less times per week SECTION 7 SERVICE REQUIREMENTS. Any and all services to be provided hereunder by Grantee shall be performed in accordance with applicable professional standards, this Agreement, the Ordinance, and all Local, State and Federal Laws. In addition thereto, Grantee shall act as follows: (A) All commercial waste to be picked up by Grantee will be stored in standard manufactured, mechanically serviced containers approved by the City. Grantee will supply such containers as needed by customers. Location of containers is subject to City approval. (B) Size of containers and frequency of service will be agreed upon by Grantee and each customer. Minimum container size shall be two cubic feet. Containers will be disinfected a minimum of once per week to remove all noxious and/or obnoxious odors. (C) The rates for each individual customer are to be negotiated between Grantee and each customer it serves. The City and each customer shall be notified of any proposed rate change at least sixty (60) days prior to the effective date of the rate change. (D) Grantee, its agents, servants or employees shall collect refuse collected hereunder in enclosed, standard, packer-type vehicles approved by the City, and shall perform their obligations hereunder in a courteous, workmanlike manner so as not to create a nuisance for any of the residents of the City. All such commercial refuse collected hereunder shall be disposed in a lawful manner. (E) Grantee shall have the sole responsibility for the billing and collection of charges provided hereunder. Billings shall be monthly and payable on or before the 15th day of the succeeding month. In the event bills are not paid within this time, Grantee shall have the right to discontinue service for non- payment. Nothing herein shall be construed or act as an acknowledgement or guarantee by City of any fees or billings owed to Grantee. (F) Collection shall be made during hours as set forth in a schedule approved by the City. All collection will be made as quietly as possible. 6 CITY OF CLERMONT ORDINANCE No. 2010-O1-M SECTION 8 PAYMENT OF FRANCHISE FEE. Grantee shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. Grantee shall provide an annual audit report to the City showing gross annual billings and receipts, if requested by the City. Fees to be assessed commencing with the first billing of any customer. In the event services have been provided prior to this agreement, all past due fees calculated from the first billing shall be paid within thirty (30) days of this Agreement. SECTION 9 POSTING OF PERFORMANCE BOND. Within thirty (30) days of the execution of this Agreement, Grantee shall provide to the City, and at all times thereafter shall maintain in full force and effect for the term of this Franchise or any renewal thereof, at Grantee's sole expense, a performance bond or letter of credit with a company or financial institution and in a form approved by the City in its sole discretion, in the amount of one hundred thousand dollars ($100,000), consistent with the requirements of the Ordinance and this Agreement. SECTION 10 TERM, TERMINATION AND ASSIGNMENT. This franchise and this Agreement shall be in full force and effect until January 26, 2011, commencing immediately; and this franchise and contract shall thereafter by automatically renewed from year to year unless terminated by either party upon not less than sixty (60) days written notice sent via U.S. registered or certified mail, return receipt requested, to the other party. This franchise and the contract between the City and Grantee may be assignable to an affiliated company by Grantee after it has first obtained the consent of the City for such assignment. In the event of default of any of the terms of the Ordinance of this Agreement, City may terminate this agreement after providing to Grantee thirty (30) days written notice and an opportunity to cure. SECTION 11 NOTICE, PROPER FORM. Any notices required or allowed to be delivered hereunder or under the Ordinance shall be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter designated or (2) upon mailing of such notice when deposited in United States Mail, postage prepaid, certified mail, return receipt requested, Federal Express or courier, addressed to a party at the address set forth opposite of the party's name below, or such other address as the party shall specify by written notice to the other party delivered in accordance herewith: City: City of Clermont Attention: City Clerk 685 W. Montrose Street Clermont, FL 34711 Grantee: Advanced Disposal 7 CITY OF CLERMONT ORDINANCE No. 2010-O1-M Attention: Charles Merkley 405 Thorpe Road Orlando, FL 32824 SECTION 12 DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of and shall be binding upon the parties hereto and their respective successors in interest. No right or cause of action shall accrue upon, or by reason hereof, to or for the benefit of any person not a party to this Agreement or a successor in interest. SECTION 13 SEVERABILITY. This Agreement is declared by the parties to be severable. SECTION 14 APPLICABLE LAW AND VENUE. This Agreement shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any cause of action hereunder shall be exclusively in Lake County, Florida. SECTION 15 ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements. Modifications to and waivers of the provisions herein maybe only by the parties hereto and only in writing. IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written. CITY OF CLE MONT, FLORIDA By: r Harold S. Turville, Jr., Mayor ATTE T: . Tracy Ackr yd, City rk GRANTE By: Title: ~M,, ~ ~ ° ATTEST: Title: , ~ '.4 L ~. PERFORMANCE BOND Bond No. 6607005 KNOW ALL MEN BY THESE PRESENTS, that we, Advanced Disposal Services Central Florida LLC, as Principal, and Safeco Insurance Company of America, licensed to do business in the State of Florida, as Surety, are held and firmly bound unto City of Clermont (Obligee), in the penal sum of One Hundred Thousand and No/100 Dollars ($100,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee the day of for NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Contract, the term of this bond shall apply from until ,and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. ~ ~, nn,, Sealed with our seals and dated this ~~ ~' day of 11A!(Y , v`+~'/~~. Witness W itn Heather Noles Advanced Disposal Services Central Florida LLC (Principal) gy !~ ~- POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 10104 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ****MARC W. BOOTS; RICHARD COVINGTON; JOY DURHAM; MARY ANN GARCIA; STEPHANIE GUNDERSON; KRISTIN HAGER; VICKIE LACY; HEATHER NOLES; P. T.OSBURN; STEPHEN R. SMITH; MARIA D. ZUNIGA; Houston, Texas; SUSAN SHOEMAKE~ San Antonio, Texas************************************************* its true and lawful attomey(s~in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this day of Dexter R Legq Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (~) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WffNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ~ r _~~. day of SEAL x t ~nv~art,~ ~~1~ 11xf~ s.}ry1 Dexter R. Legg, Secretary ~;1~, S-0974/DS 3/09 10th July 2009 WEB PDF ACOR~® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) ~ 12 7 2009 PRODUCER phone: 757-622-4573 Fax: 757-622-4108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis of Virginia, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR World Trade Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 101 West Main Street, Suite 3000 Norfolk VA 23510 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:ArCl'1 Insurance Co 11150 Advanced Disposal Services, Inc. INSURERB:FEDERAL INSURANCE CO 20281 7915 Baymeadows Way, # 300 22 ill INSURERC:ACE American Insurance Co 22667 Jacksonv e FL 3 56 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 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 LTR DD'L R POLICY NUMBER POLICY EFFECTIVE DAT MM/DD/YYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS A GENERAL LIABILITY 31GPP4960900 6/15/2009 6/15/2010 EACH OCCURRE NCE $ 1 QQQ QQQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 10 0 Q Q O CLAIMS MADE a OCCUR MED EXP (Any one person) $ X RT/p13 DPd 50 000 PERSONAL&ADV INJURY $1 QQQ QQQ , GENERAL AGGREGATE $ 2 QQQ Q Q Q GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 QQQ Q Q Q POLICY PRO LOC A AUT OMOBILE LIABILITY 31 CAB4960700 6/15/2009 6/15/2010 COMBINED SINGLE LIMIT (Ea accident) $ 2 , QQQ , Q Q Q X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) }{ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY 79465462 6/15/2009 6/15/2010 EACH OCCURRE NCE $ rj QQQ QQQ C ~{ OCCUR ~ CLAIMS MADE XCPG2389256A 6/15/2009 6/15/2010 AGGREGATE $ rj QQQ QQQ DEDUCTIBLE Each OCC $ 2Q, QQQ, QQQ RETENTION $ r $ ~` WORKERS COMPENSATION ' WC31WC 14960600 6/15/2009 6/15/2010 WC STATU- OTH- X T RY (MIT R LIABILITY AND EMPLOYERS YIN ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 QQQ Q Q Q ^ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1 QQQ Q Q Q If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 QQQ Q Q Q Cr OTHER PPLG24646063002 6/15/2009 6/15/2010 Ss,ooo,ooo Pollution Liability DESCRIPTION OF OPERATIONS (LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS dvanced Disposal Services, Inc. dvanced Disposal Services Alabama, LLC dvanced Disposal Services Alabama Holdings, LLC dvanced Disposal Services Alabama CATS, LLC dvanced Disposal Services Alabama EATS, LLC ontinued... l+tK I IhII.A I t MV LUCK I.AIVI..CLLA I I V h City of Clermont Attn: City Clerk 685 W. Montrose St. Clermont FL 34711 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED FORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER LL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE RTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON E INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~~~~~. ACORD 25 (2009!01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) D Advanced Disposal Services Atlanta, LLC Advanced Disposal Services Augusta, LLC Advanced Disposal Services Baton Rouge, LLC Advanced Disposal Services Birmingham, Inc. Advanced Disposal Services Central Florida, LLC Advanced Disposal Services Cobb County Recycling Facility, LLC Advanced Disposal Services Georgia Holdings, LLC Advanced Disposal Services Gulf Coast, LLC Advanced Disposal Services Gwinnett Transfer Station, LLC Advanced Disposal Services Hancock County, LLC Advanced Disposal Services Jackson, LLC Advanced Disposal Services Jacksonville, LLC Advanced Disposal Services Jones Road, LLC Advanced Disposal Services Macon, LLC Advanced Disposal Services Memphis, LLC Advanced Disposal Services Middle Georgia, LLC dba Attaway Waste Services Advanced Disposal Services Mississippi, LLC Advanced Disposal Services North Florida, LLC Advanced Disposal Services North Georgia, LLC Advanced Disposal Services North Georgia, Holdings, LLC Advanced Disposal Services Pasco County, LLC Advanced Disposal Services Rogers Lake, LLC Advanced Disposal Services Smyrna Transfer Station, LLC Advanced Disposal Services Stateline, LLC Advanced Disposal Services South Florida, LLC Advanced Disposal Services Tennessee Holdings, LLC Advanced Disposal Recycling Services, LLC Advanced Disposal Recycling Services Gulf Coast, LLC Arrow Disposal Service, LLC Cartersville Transfer Station, LLC dba Riverside Transfer Station Caruthers Mill C&D Landfill, LLC Coastal Recyclers Landfill, LLC Coastal Recyclers Transfer Station, LLC Container & Compactors Services, LLC Covington Transfer Station, LLC Doraville Transfer Station, LLC Eagle Point Landfill, LLC Firetower Landfill, LLC Hall County Transfer Station, LLC Hidden Acres Land Company, LLC Jones Road Landfill and Recycling, Ltd. Nassau County Landfill, LLC Old Kings Road Solid Waste, LLC Old Kings Road, LLC Pasco Lakes, Inc. Stone's Throw Landfill, LLC Tallassee Waste Disposal Center, Inc. Turkey Trot Landfill, LLC Wolf Creek Landfill, LLC Welcome All Transfer Station, LLC Advanced Disposal Services Cobb County Transfer Station, LLC Advanced Disposal Services EDLF, LLC Atlanta Transfer Station, LLC Federal Road, LLC Garbex, LLC ~Iones Road Landfill and Recycling, Ltd. KSG, LLC Maren Land, LLC The City of Clermont is included as additional insured with respect to the General Liability. ~~- ~ ~ ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYV) ~~- 12/7/2009 PRODUCER Phone: 757-622-9573 Fax: 757-622-4108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Virginia, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR World Trade Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 101 West Main Street, Suite 3000 Norfolk VA 23510 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:ArC~"1 InSUranCr' CO 11150 Advanced Disposal Services, Inc. wsuRERBFEDERAL INSURANCE CO 0281 7915 Baymeadows Way, # 300 INSURERCACE American Insurance Co 2667 Jacksonville FL 32256 INSURER D: I INSURER E: nnvr=onr_r=c THE'POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA[QDING ANY REQUIREMENT, TER'~I OR CONDITIOCQ OF ANY CONTRACT OR OTHER DOCUMENT WITH RESFECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY FERTAIN, THE INSURANCE AFFORDED BY THE FOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY FAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS Z~ GENERAL LIABILITY 31 GPP4960900 6/15/2009 6/15/2010 EACH OCCURRENCE $ 1 OOO OOO }{ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1 O O O O O CLAIMS MADE ~ OCCUR MED EXP (Any one rson) $ X OOO RT/P1~ T)Ad SD PERSONAL&ADVINJURY $ 1 OOO OOO , GENERAL AGGREGATE $ 2 O O O O O O GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 O O O O O O POLICY PRO LOC A AUT OMOBILELIABILITV 31CAB4960700 6/15/2009 6/15/2010 COMBINED SINGLE LIMIT $2 OOO OOO (Ea accident) r r }' ANY AUTO , ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULEDAUTOS ~ }{ HIRED AUTOS BODILY INJURY $ (Per accident) X NONdWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLALIABILITV 79465462 6/15/2009 6/15/2010 EACHUCCURRENCE $ 5 OOO OOO C }{ OCCUR ~ CLAIMSMADE XCPG2389256A 6/15/2009 6/15/2010 AGGREGATE $ 5 OOO OOO DEDUCTIBLE aCr1 OCC $ 2O, OOO, OOO RETENTION $ r2 ate $ 20 OOO OOO A WORKERS COMPENSATION WC31WC14960600 6/15/2009 6/15/2010 WC STATU- OTH- X T ~RY IMIT R AND EMPLOYERS'DABILITY ANY PROPRIEfOR/PARTNER/GXECUTIVE ~ E.L. EACH ACCIDENT $ 1 O O O O O O OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ 1 O Q O O O O II yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 O O O O C OTHER ppLG24646063002 6/15/2009 6/15/2010 ss,ooo,ooo Pollution Liability DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS dvanced Disposal Services, Inc. dvanced Disposal Services Alabama, LLC dvanced Disposal Services Alabama Holdings, LLC dvanced Disposal Services Alabama CATS, LLC dvanced Disposal Services Alabama EATS, LLC ontinued... 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 City Of ClermOrit CERTIFICATE HOLDER NAMED TO THE LEFT, EUT FAILURE TO DO SO Attri: City Clerk SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UFON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 685 W. MOritrOSe St. Clermont FL 39711 AUTHORIZED REPRESENTATIVE /' ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12/07/2009 ?<fON 15:28 (JOB N0. 7294) ~ 002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 12/07/2009 MON 15:28 JOB N0. 7294 ~ 003 DESCRIPTIONS Continued. Advanced Disposal Services Atlanta, LLC Advanced Disposal Services Augusta, LLC Advanced Disposal Services Baton Rouge, LLC Advanced Disposal Services Birmingham, Lnc. Advanced Disposal Services Central Florida, LLC Advanced Disposal Services Cobb County Recycling Facility, LLC Advanced Disposal Services Georgia Holdings, LLC Advanced Disposal Services Gulf Coast, LLC Advanced Disposal Services Gwinnett Transfer Station, LLC Advanced Disposal Services Hancock County, LLC Advanced Disposal Services Jackson, LLC Advanced Disposal Services Jacksonville, LLC Advanced Disposal Services Jones Road, LLC Advanced Disposal Services Macon, LLC Advanced Disposal Services Memphis, LLC Advanced Disposal Services Middle Georgia, LLC dba Attaway Waste Services Advanced Disposal Services Mississippi, LLC Advanced Disposal Services North Florida, LLC Advanced Disposal Services North Georgia, LLC Advanced Disposal Services North Georgia, Holdings, LLC Advanced Disposal Services Pasco County, LLC Advanced Disposal Services Rogers Lake, LLC Advanced Disposal Services Smyrna Transfer Station, LLC Advanced Disposal Services Stateline, LLC Advanced Disposal Services South Florida, LLC Advanced Disposal Services Tennessee Holdings, LLC Advanced Disposal Recycling Services, LLC Advanced Disposal Recycling Services Gulf Coast, LLC Arrow Disposal Service, LLC Cartersville Transfer Station, LLC dba Riverside Transfer Station Caruthers Mi11 C&D Landfill, LLC Coastal Recyclers Landfill, LLC Coastal Recyclers Transfer Station, LLC Container & Compactors Services, LLC Covington Transfer Station, LLC Doraville Transfer Station, LLC Eagle Point Landfill, LLC Firetower Landfill, LLC Ha11 County Transfer Station, LLC Hidden Acres Land Company, LLC Jones Road Landfill and Recycling, Ltd. Nassau County Landfill, LLC Old Kings Road Solid Waste, LLC Old Kings Road, LLC Pasco Lakes, Inc. Stone's Throw Landfill, LLC Tallassee Waste Disposal Center, Inc. Turkey Trot Landfill, LLC Wolf Creek Landfill, LLC Welcome A11 Transfer Station, LLC Advanced Disposal Services Cobb County Transfer Station, LLC Advanced Disposal Services EDLF, LLC Atlanta Transfer Station, LLC Federal Road, LLC Garbex, LLC Jones Road Landfill and Recycling, Ltd. KSG, LLC Mayen Land, LLC The City of Clermont is included as additional insured with respect to the General Liability. 12/07/2009 MON 15:28 (JOB N0. 7294 ~ 004 CONTINUATION CERTIFICATE FIDELITY OR SURETY BONDS IN CONSIDERATION OF ONE THOUSAND AND NO/1 00****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *($1 DOLLARS RENEWAL PREMIUM, THE TERM OF BOND NO. 6607005 IN THE AMOUNT OF $100,000.00 ISSUED 12/28/2010 ON BEHALF OF ADVANCED DISPOSAL SERVICES CENTRAL FLORIDA LLC IN FAVOR OF CITY OF CLERMONT IN CONNECTION WITH SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT IS HEREBY EXTENDED TO December 28, 2011 SUBJECT TO ALL THE COVENANTS AND CONDITIONS OF SAID BOND. THIS CERTIFICATE IS DESIGNED TO EXTEND ONLY THE LIFE OF THE BOND. IT DOES NOT INCREASE THE AMOUNT WHICH MAY BE PAYABLE THEREUNDER. THE AGGREGATE LIABILITY OF THE COMPANY UNDER THE SAID BOND TOGETHER WITH THIS CERTIFICATE SHALL BE EXACTLY THE SAME AS, AND NO GREATER THAN IT WOULD HAVE BEEN, IF THE SAID BOND HAD ORIGINALLY BEEN WRITTEN TO EXPIRE ON THE DATE TO WHICH IT IS NOW BEING EXTENDED. 4 SIGNED, SEALED AND DATED November 19, 2010 w;:- ^-,„=,= '*4., SAFECO INSURANCE COMPANY OF AMERICA ` ' . ' Y "` V I By: � 1 '14AA SL r JANICE H. FENNEL_ L, ;dk TTORNEY - _F' 1 p Safeco Insurance Company of America ` General Insurance Company of America ti Liberty POWER 1001 4th Avenue 1 1 utua i OF ATTORNEY Seattle, WA 98154 No 12995 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * * * * * * * * * * * * * * * *JANICE H. FENNELL; JEREMY C. ROSE; RICHARD C ROSE; Knoxville, Tennessee * * * * * * * * * * * * * * * * ** its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 day of March , 2009 Pia(-14 Dexter R Leqq, Secretary Timothy A Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13 - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (II) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof " I, Dexter R Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19TH day of NOVF.MRF2 ' 2010 „Oa CONP,ip tx ktE CON/A CORPORATE SEAL w .SEAL 5 1 1953 /9U3 ' 'weer n Dexter R Legg, Secretary S.0974/bS 3/09 WEB PDF CITY OF CLERMONT Office of the City Clerk December 28, 2009 Advanced Disposal Attn: Marilyn Santiago 405 Thorpe Road Orlando, FL 32824 Dear Ms. Santiago: Enclosed is City of Clermont refuse ordinance 2010-01-M for anon-exclusive franchise agreement to Advanced Disposal. Please have Mr. Merkley sign as the Grantee. There will need o be someone to attest his signature. Please return the original document prior to January 26, 2010. 1 ha•~e a copy of the liability insurance, I will need the performance bond or the letter of credit by the above €~ate. The first reading of the ordinance is scheduled for January 12, 2010. Our meetings begin at E°pm. The second and final reading of the ordinance is scheduled for January 26, 2010. It is not necLssary #or a representative to be present. A copy of the fully executed ordinance will be forwarded after the final reading. Should you have any questions, please contact me at 352-241-7330. Denise Noak t3eputy City Clerk P.O. BOX 120219 CLERMONT, FLORIDA 34712-0219 PHONE: 352/241-7330 • FAX: 352/394-2379