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O-591-MCITY OF CLERMONT ORDINANCE NO. 591-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO REPUBLIC SERVICES, INC., 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 Republic Services, Inc., 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: (i) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (ii) require service two or less times per week. SECTION 3. The City hereby grants anon-exclusive franchise to Republic Services, Inc. and Republic Services, Inc. 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. Republic Services, Inc. shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Republic Services, Inc. shall covenant to hold harmless 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 actual or threatened, of whatsoever nature resulting from the activities of Republic Services, Inc., its agents, servants or employees, within or without the city limits. Republic Services, Inc. will, within five (5) days from the 1 CITY OF CLERMONT ORDINANCE N0.591-M 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 Republic Services, Inc. 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. Republic Services, Inc. shall post with the City a good and sufficient cash or surety bond 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 Republic Services, Inc. shall be in full force and effect until May 27, 2009 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. Republic Services, Inc. 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 maybe 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 N0.591-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 27TH DAY OF MAY, 2008. _-~ ~"arold S. Turville, Jr., Mayor ATTE T: /:~~ Tracy Ackr~yd; City Cler 3 CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 27TH day of May, 2008, by and between the CITY OF CLERMONT, FLORIDA ("City"), and Republic Services, Inc., whose address is 11255 Rocket Boulevard, 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 may be considered commercial use. SECTION 2 GRANT OF FRANCHISE. Pursuant to City of Clermont Ordinance No. 591-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. SECTION 3 INCORPORATION OF THE ORDINANCE. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No. 591-M as passed on May 27, 2008, 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: (a) the collection and disposal of all residential refuse; (b) the collection and disposal of all commercial refuse generated by establishments which: 2 (i) utilize twelve (12) or less refuse cans per pick up each, with a capacity not exceeding thirty (30) gallons and/or (ii) 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 15`h 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. 3 SECTION 9 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 10 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 bend with a company and in a form approved by the City, in the amount of one hundred thousand dollars ($100,000), consistent with the requirements of the Ordinance and this Agreement. SECTION 11 TERM. TERMINATION AND ASSIGNMENT. This franchise and this Agreement shall be in full force and effect until May 27, 2009 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 12 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: Republic Services, Inc. 4 Brian Short, General Manager 11255 Rocket Blvd. Orlando, FL 32824 SECTION 13 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 14 SEVERABILITY. This Agreement is declared by the parties to be severable. SECTION 15 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 16 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 CLERMONT, FLORIDA ATT T: a ~, ,~ Tracy Ac oyd, City Cl ATTEST: Mayor Harold S. Turville, Jr. GRANTE R ublic Services, Inc. By: Brian Short, General Manager Title: ACORD CERTIFICATE OF LIABILITY INSURANCE o5 ""'""° '"'' ~, 23, 8 PRODUCER LiC #0619252 i-818-662-4200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION t7nionBanc Insurance Services, inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 535 N. Bread Blvd. 10th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale, CA 91203 INSURERS AFFORDING COVERAGE NAIC # INSURED 3778 Republic Services of Florida, LP INSURERA:Zurich American Insurance Company INSURERB:AsNlricaa Guarantee 4 Liab 11255 Rocket Blvd INSURERC:Amaricaa Zurich ins. Co. Orlando, FL 32824-0000 INSURER D: INSURER E: 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 POLJCYNI POLICY EFFECTIVE POLICYE1tPIRATION LNAITB A GENERALLUUIILITY GL03703042 11/01/07 11/01/08 EACH OCCURRENCE j5, 000, 000 X COMMERCUILGENERALLIABILITY PREMISES Eeocarence S 5,000,000 CLAIMS MADE ~ OCCUR MED EXP (Artyorre person) j 10, 000 E Ded. $3,000,000 PERSONAL6ADVINJURY j5, 000, 000 E Per Occur. GENERAL AGGREGATE j 5, 000, 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG j5, 000, 000 POLICY PRO- Z LOC A q~ OMO~Uggq,Iry BAP3T03043 11/01/07 11/01/08 COMBINEDS INGLELIMIT js,ooo,ooo a ~,~D (~i1) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IPBf PB18O^) j 8 HIRED AUTOS BODI Y I L NJURY j = NON-0WNED AUTOS (~ ^I) E Ded. ~3,OOP,000 OAMAGE ~ E j E Per Accident d GARAGE LIABILITY AUTO ONLY-EA ACCIDENT j ANY AUTO ~ EA ACC OTHER THAN j AUTO ONLY: qGG j 8 EXCESSAIMBRELI.ALIABIIlIY A17C-9263132-00 11/01/07 11/01/08 EACH OCCURRENCE j 5,000,000 E OCCUR ~ CLAIMSMADE AGGREGATE j 5,000,000 j DEDUCTBLE j RETENTION j j C WORKERS COMPENSATION AND OY S' 9PC3703040-Other States 11/01/07 it/Ol/OS Z Q STATU- OTH- EMPL ER LIABILITY ANY PROPRIETORfPARTNERlD(ECUTNE E.L. EACH ACCIDENT j3, 000, 000 OFFK:ERIMEMBEREXCLUDED? ib H d d E.LDISEASE-EAEMPLOYEE j3, 000, 000 er eaa e un SPECIAL PROVISIONSbebw E.L. DISEASE-POLICY LIMIT j3, 000, 000 OTHER DESCRIPTION OF CPERATKNIS / LOCATICN8/ VEHK:LES f EXCLUSIONS ADDED BY ENDORSEiIENT /SPECIAL PROVISIONS #10 Day Notice of Cancellation for Noa-Payment of Presdum iQOrkara' Coslpeasation Deductible: $1,000,000 per employes. R8: Certificate holder ie named additional insured with respects to General Liability, Primary and Noncontributory iPOrdiag are included. 8laaket Maiver of Subrogation ie included per written contract. SHOULD ANY OF TI1E ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE TF£ EXPIRATION City Of Clermont DATE TNBtEOF. THE ISSUING INSURER WILL ENDEAVOR TO MNL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL attn: City Clerk IMppgE Np OBLIGATION OR LIABILITY OF ANY KIND UPON THE INS 685 il. 1[ontrose Street URER, R8 AGENTS OR REPRESENTATNEB. Clermont, FL 34711 AUTHORIZEDREPRESENTATNE ~~~ ~sI 1, 1TSA '''ti's`/++/L ACORD 25 (2001!08) JGonzalez ©ACORD CORPORATION 1988 Certificate Delivery by CertificatesNow - www.ConfirmNeLCOm - 877.869.861X) 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 r.,hs to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form 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 after the coverage afforded by the policies listed thereon. su,VKU'Lb (2007/08) COMMERCIAL GENERAL LIABILITY CG 2149 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2., Exclus?ons of Section 1 - Coverage A -Bodily Injury And Prop- erty Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. (2; Any Loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up, remove, contain, Veat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ^ POLICY NUMBER: c3ro3703042 COMMERCIAL GENERAL LIABILITY CG 20 2811 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: city of clermoat 685 X. 1[ontroee Street Clermoat, FL 34711 VS71 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organization(s), subject to the following additional exclusions: This insurance does not apply: 1. To any "occurrence" which takes place after the equipment lease expires; 2. To "bodily injury" or "property damage" arising out of the sole negligence of the person or or- ganization shown in the Schedule. CG 20 2811 85 Copyright, Insurance Services Office, Inc., 1984 ZURICH Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY MASTER DIFFERENCE IN CONDITIONS/DIFFERENCE IN LIMITS POLICY and any subsidiary company as now formed or constituted, and any other company over which the Named Insured has active control so long as the Named Insured or any subsidiary company has an owner- ship interest of more than 50% of such company. Countersigned Authorized Representative U-GL-113-B CW (4/89) Page 1 of 1 Waiver Of Subrogation (Blanket) Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 (CHUBB Phone:908-903-3497 Facsimile:908-903-3656 Bond No. 8187-69-57 FEDERAL INSURANCE COMPANY PERFORMANCE 80Ni? Amount $100,000.00 Know All Men By These Presents, That we, Republic Services of Florida, LP DBA Republic Services of Orlando 11255 Rocket Blvd., Orlando, 32824 (hereinafter caned the Principal}, as Principa{, and the FEDERAL INSURANCE COMPANY ,Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Clermont 11255 Rocket Blvd, Orlando, FL 32824 (hereinafter called the Obligee), in the amount of One Hundred Thousand Dollars and 00/100 ( $100,000.00 ), for the payments of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this May 27, 2008 WHEREAS, the Principal entered into a certain Contract with the Obligee, dated 5/27/2008 for Collection of Garbage within the City of Clermont in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of the said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE CONTRARY, THE LIABILITY OF THE PRINCIPAL AND THE SURETY UNDER THIS BOND IS LIMITED TO THE TERM OF THE CONTRACT FROM 5/27/2008 TO 5/27/2009. ANY EXTENSIONS OR RENEWALS OF THIS BOND MUST BE CONSENTED TO IN WRITING BY THE PRINCIPAL AND THE SURETY. FAILURE TO EXTEND OR RENEW THIS BOND BY THE PRINCIPAL AND THE SURETY SHALL NOT CONSTITUTE A DEFAULT UNDER THIS BOND. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. Form 15-02-0300 (Rev. 11-99) Contracts with Renewal Options Page 1 of 2 Bond No. 8187-69-57 No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Republic Services of Florida, LP DBA Republic Services of Orlando By FEDERAL RANCE COMPA By: ,att rney In'Fact Sarabeth Scott Form 15-02-0300 (Rev. 11-99) Contracts with Renewal Options Page 2 of 2 ~hChh F®~~~ - -- Federal Insurances Company Attn: Sa~ra?ty IleyJarKnt~nt - OF 0/igilant Insurance Company 15 M®aJrttain '~icw Road surety AYTOFdNO=Y pacific Indemnit}f Company 1Narecn, NJ 07559 ~kil,1B® Know A.II by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSUP.A,NCE COMPANY, a t`Jew York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint J®ftann~ ~: f?UCkRtt arEd Sarabcth ~eOtt 43f GfeE=nVOIIe, South Car®lina-------------------- --------- ------------------------~-- ------------------------------- each as their true and lavrful Attomey- in- Fact to execute under such designation in their names and to atfix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bait bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred fo in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPfANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affuced their corporate seals on this ~r day of June, 2056 l 'l,'••y Kenneth C. Wendel, Assistant Secretary / /James E. Allman, Vice President STATE OF NEW JERSEY C ss. County of Somersst On this 6~ day of JUne, 2506 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, fo me knovvn to be Assistant Secretary of FEDERAL fNSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attomey, and the said Kenneth C. Wendel, being by me duty swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affnced by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies 6y like authority; and Ihat he is acquainted with James E. Altman, and knows him to be Vice President of said Companies; and that the signature of James E. Altman, subscribed to said Power of Attomey is in the genuine handwriting of James E. Altman, and was thereto subscribed by authei-ity of said ey- Laws and in deponent's presence. Notarial Seal ~N +~. ~~ ~j1d7,~,q f~ top 6d A. ~C7~R ~. a -~ ~f t~3aw krr~~Y * PUBLIC * ~~ ~ o~ 2231 h47 /~~~.~ •~1/~----~ '~ -~ ices Opt, ~~ 2~Q •,~'~rEp,S`~ Commission Exp Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY CDMPANY: "All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers• Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of atfomey orto any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and aftesting bonds and undertakings and ocher writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified 6y such facsimile signature and facsimile seal shall be valid and binding upon the Company wish respect to any band or underlalring io which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that {~ the foregoing extract of the By- Laws of the Companies is true and correct, n the Companies are duly licensed and authorized to transact surety business in all 5l) of the United Sfaies of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attomey is True, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this %~ ~ ~ ` aaa. ,2 ~ ~ s ~~ P ..,f -*- o ea w ~p'1ASL!` ~ ~ ~ ~rroll5~~ ~ **EW YDP~* ~, 1 Kenneth C. Wendel, Assistant Secretary IN THF_ FVENTYOU WISH TO NOTIFY U5 OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BDND OR NOTIFY US OF ANY OTHEP, MATTER, PLEASE CONTACT US AT ADDP.ESS LISTED ABOVE, OR BY Telephone (9D8) 903- 3493 Fax (908) 903- 3656 e-mail: surety chubb.com Summary of Financial Information for Republic Services, Inc. Financial Capabilities The Company's 200 7 Annual Report to Shareholders (Form 10-K) is submitted in response to the request for financial information. The Annual Report to Shareholders has been prepared in accordance with Securities and Exchange Commission requirements, with New York Stock Exchange Commission requirements, and in accordance with generally accepted accounting principles. Selected financial data can be found on page 21 of the 2007 Annual Report. The financial statements contained in the Annual Report were audited by Ernst & Young LLP (Independent Certified Public Accountants) -Fort Lauderdale, Florida. Their reports, which are dated February 20, 2008, are on pages 53 and 54 of the 2007 Annual Report. Republic Services, Inc. is a publicly owned company whose shares are traded on the New York Stock Exchange (NYSE symbol: RSG). Summary Financial Data (in millions) 2007 2006 2005 2004 2003 Revenue $3,176.2 $3,070.6 $2,863.9 $2,708.1 $2,517.8 Operating income $536:0 $519.5 $477.2 $452.3 $412.7 Net income $290.2 $279.6 $253.7 $237.9 $215.4 Total assets $4,467.8 $4,429.4 $4,550.5 $4,464.6 $4,554.1 Stockholder's e ui $1,303.8 $1,422.1 $1,605.8 $1,872.5 $1,904.5 On December 31, 2007, Republic Services, Inc. reported total assets of $4,467,800,000.00. The financial prospects for Republic Services indicate long-term stability based on the Company's assets. Republic Services has 94 transfer stations, 58 landfills, 33 recycling facilities and 136 collection operations in 21 states. It is the Company's belief that it has the financial capabilities and sufficient working capital or access to sufficient working capital to finance and perform the required work. Corporate Financial Capabilities Credit Information Republic Services, Inc. of Fort Lauderdale, Florida, is a leading provider ofnon-hazardous solid waste collection, transfer and disposal services. Available Credit Lines Total All Banks (as of 12-31-07): $ 1.0 billion Bank References Bank of America Sun Trust Bank 100 Federal Street 200 South Orange Avenue MAS-100-09-07 Orlando, Florida 32801 Boston, MA 02110 Contact: Mr. William C. Barr Contact: Mr. Timothy Laurion Telephone: 407-237-4636 Telephone: 617-434-9689 Fax: 407-237-4076 Fax: 617-434-2160 Citibank, N.A. J P Morgan 400 Perimeter Center Terrace 1540-B Lake Baldwin Avenue Suite 600 Floor 4 Atlanta, GA 30346-1233 Orlando, FL 32814 Contact: Mr. Kirk Lakeman Contact: Ms. Ellyn Stern-Rivkees Telephone: 770-668-8120 Telephone: 407-896-3838 Fax: 770-668-8137 Fax: 321-277-5502 Credit References Heil Environmental Industries Ltd. Michelin North America, Inc. P.O. Box 8676 P.O. Box 19001 Chattanooga, TN 37414-0676 Greenville, SC 29602 Contact: Bob McHugh Contact: Tom Davitt Telephone: 423-648-5255 Telephone: 913-310-0310 Fax: 423-855-6348 Fax: 913-310-0343 Marathon Equipment Co. Mack Truck Sales and Service P.O. Box 1798lHighway 9 South (Nextran Truck Center) Vernon, AL 35592 Contact: John Lajza Contact: Gordon Shaw Telephone: 386/774-5198 Telephone: 205/695-9105 Fax: 386/354-3807 Fax: 205/695-8718 Corporate Financial Capabilities Public Debt Rating Ratin A enc Ratin Outlook Moody's Baal Stable Standard & Poor's BBB+ Stable Fitch Ratings BBB+ Stable Republic Services, Inc. has the hi est credit rating in the solid waste industry. In December 2007, Moody's upgraded the credit rating for Republic Services, Inc. from Baal to Baal and affirmed a stable outlook. The following is a quote from the Moody's statement that the credit rating industry released on December 18, 2007: "The upgrade reflects the company's consistent pace of internal revenue growth, the sustainability of its profit margins, good liquidity and moderate leverage for the rating category. The upgrade also reflects strong credit metrics and relatively conservative balance sheet for the industry. The ratings benefit from a stable underlying business with limited available substitutes, the relative lack of cyclicality in the municipal solid waste industry, the company's franchise contracts, diversified revenue stream, and ownership of valuable, permitted disposal assets. Industry-wide challenges for the short-to medium term may also include: weaker C&D volumes linked to a frail residential construction market, the potential for a broader economic slowdown in the US encompassing non-residential construction activity, and fuel price volatility. "Notwithstanding the potential for a certain degree of cyclical pressure linked primarily to construction activity levels, we anticipate continued revenue growth in the near term. Republic's business model, moderate leverage and focus on franchise and integrated service markets provides additional downside protection to creditors compared to other waste companies," stated Costas Chrysostomou, Vice President and Senior Analyst." Standard & Poor's affirmed the company's credit ratings on Dec. 4, 2006. The following statement is a quote from Standard & Poor's statement that the credit rating agency released on Dec. 4, 2006: "The ratings reflect Republic Services Inc.'s position as the third-largest domestic solid waste services company and its good credit protection measures." "With annual revenues of $3 billion, Fort Lauderdale, Fla.-based Republic provides waste collection, recycling, transfer, and disposal services to about 3.5 million customers in 21 states. The current focus is on internal growth and operational improvements, as seen by a number of initiatives aimed at enhancing revenues, reducing costs, and increasing productivity." "The outlook is stable. Republic's leading positions in most of its markets, the benefits from a growing economy, reliable cash flow generation, and a moderately leveraged balance sheet should sustain current credit quality in the intermediate term despite accelerated actions to enhance shareholder value." CREDIT APPLICATION Republic Services of Orlando (A Division of Republic Services, Inc) 11255 Rocket Blvd. Orlando, FL. 32824 (407) 293-8000 Phone (407) 296-2758 Fax Federal Tax ID # 65-0965470 Dun & Bradstreet # 02-013-8298 General Manager: Division Controller: Maintenance Manager: TRADE REFERENCES: Industrial Refuse Sales P.O. Box 5075 Lakeland, FL 33807 Phone # (863) 665-6507 Orlando Mack 2200 W. Land Street Orlando, FL 32809 Phone # (800) 800-6225 BANK REFERENCES Bank of America - GA Account # 3756336960 Phone # (800) 367-6262 Brian Short Daniel J. Walsh Bob Clark Lynch Oil Company P.O. Box 450669 Kissimmee, FL 34745 Phone # (407) 847-4161 Fleet Pride P.O. Box 450669 Atlanta, GA 30384 Phone # (407) 291-9400 Bank of America - TX Account #3299046732 Phone # (800) 367-6262 Authorized Signature: Date T ((S! a ~~ a