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O-610-MCITY OF CLERMONT ORDINANCE No. 610-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO WASTE PRO OF FL, 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 Waste Pro of FL, its successors and assigns, a non-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 Waste Pro of FL, and Waste Pro of FL 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. Waste Pro of FL shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Waste Pro of FL 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 Waste Pro of FL, its agents, servants or employees, within or without the city limits. Waste Pro of FL 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 Waste Pro of FL, 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. Waste Pro of FL 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 Waste Pro of FL shall be in full force and effect until CITY OF CLERMONT ORDINANCE No. Page 2 November 12, 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. Waste Pro of FL 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. 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 12~' DAY OF NOVEMBER, 2008. ..C~ . Turville, Jr., Mayor ATTES~': .,F Tracy Ackro ity Clerk CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 12th day of November, 2008, by and between the CITY OF CLERMONT, FLORIDA ("City"), and WASTE PRO OF FL, whose address is 2101 W SR 434 Ste 315, Longwood, FL, 32779 ("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. 610-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. 610-M as passed on November 12, 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: (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 2 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. 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. 3 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 bond 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 November 12, 2008, 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: Waste Pro of FL 2101 W SR 434, Ste 315 Longwood, FL 32779 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. 4 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: Tracy Ackr d,-City Cle ATTE Title: By: _ .- ayor arold S. Turville, r. GRANTEE• By: Tim olan Title: Regional Vice President 5 ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/30/2008 PRODUCER (407)898-2211 FAX (407)898-1850 Cl osson Insurance Agency, LLC Post Office Box 547275 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando „ FL 32854-7275 INSURERS AFFORDING COVERAGE NAIC # INSURED Waste Pro USA Inc. INSURER A: ZUrICh American Insurance Co. 16535 Waste Pro of Florida Inc. INSURER B: Steadfast Insurance Co. 26387 P. 0. Box 7209 INSURER C: Midwest Employers Cas. Ins.Co. 00739 Longwood, Fl 32791-7209 INSURER D: INSURER E: I:VVtKACatS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN . G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GL05402367-05 01/01/2008 01/01/2009 EACH OCCURRENCE $ 1 ~ 000 ~ o0 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ loo r ooo CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 , 000 A PERSONAL & ADV INJURY $ 1 , OOO , OOO GENERAL AGGREGATE $ 2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS -COMP/OP AGG , , $ 2 , OOO , OOO POLICY X JECT LOC AU TOMOBILE LIABILITY BAP5402371-05 (FLA) 01/01/2008 01/01/2009 X COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1 000 000 ALL OWNED AUTOS , , BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS X BODILY INJURY $ NON-OWNED AUTOS (Per accident) X Comp and Collision 3000 COMP/3000 COLL X Liab. deductible $100,000 BI&PD DED. PROPERTY DAMAGE (Peraccident> $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY SU09217568-02 01/01/2008 01/01/2009 EACH OCCURRENCE $ 2 5 , 000, 000 X OCCUR ~ CLAIMS MADE AGGREGATE $ B 25,000,000 $ 25,000,000 DEDUCTIBLE X RETENTION $ lO, OO $ WORKERS COMPENSATION AND MWLD060033 11/06/2007 11/06/2008 WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE " E.L. EACH ACCIDENT $ 1 ,ooo ,ooo .1CER ~XCLancn? C~FfC~P9:~. If yes, describe under E.L. CI~EgSE - ~A EMPLOYE $ 1 , OOO , O00 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 ,ooo , 00 o~~Iution Liability PLC5244706 04 01/01/2008 01/01/2009 1,000,000 Per claim/$2,000,000 B aggregate $10,000 per claim deductible DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS °Ten days notice in the event of nonpayment. City of Clermont Attn: Denise Noak 685 W Montrose Street Clermont, FL 34711 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~,~/ Leni se Zi ka/KSS "''£`~~"'~"~ C1. '~ '~ `- HI,VKU L9 (LUVI/US) rr~n: ~~7LJS7Y-L3/7 ©ACORD CORPORATION 1988 ACORD_~ CERTIFICATE OF LIABILITY INSURANCE iiio4jzoo8" PRODUCER (407)898-2211 FAX (407)898-1850 Cl osson Insurance Agency, LLC Post Office Box 547275 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando „ FL 32854-7275 INSURERS AFFORDING COVERAGE NAIC # INSURED Waste Pro USA Inc. INSURER A: Zurich American Insurance Co. 16535 Waste Pro of Florida Inc. INSURER B: Steadfast Insurance Co. 26387 P. 0. Box 7209 INSURER C: Midwest Employers Cas. Ins.Co. 23612 Longwood, Fl 32791-7209 INSURER D: INSURER E: [`(1VFRAf:FC 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 CONTRACTOR 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' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GL05402367-05 01/01/2008 01/01/2009 EACH OCCURRENCE $ 1, 000, 00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ lOO, OO CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 , OO A PERSONAL & ADV INJURY $ 1 , OOO , OO GENERAL AGGREGATE $ 2 , OOO , OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OO POLICY X PRO LOC JECT AUT OMOBILE LIABILITY BAP5402371-05 (FLA) O1/O1/2008 O1/O1/2009 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1 , OOO , OO ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X and Collision Com 3000 COMP/3000 COLL p PROPERTY DAMAGE X Li ab . deductible $100 , 000 BI&PD DED . (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY SU09217568-02 01/01/2008 01/01/2009 EACH OCCURRENCE $ 2 5 , 00 0 , 00 X OCCUR ~ CLAIMS MADE AGGREGATE _ _ $ B 25,000,000. $ 25,000,00 DEDUCTIBLE $ X RETENTION $ 10 ~ 00 $ WORKERS COMPENSATION AND MWLD060033 11/06/2008 11/06/2009 X WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1, OOO, OO OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1 , OOO , OO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 , OOO , OO o~l~lu ili PLC5244706 04 01/01/2008 01/01/2009 1,000,000 Per claim/$2,000,000 tion Liab ty B aggregate $10,000 per claim deductible DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ~~Ten days notice in the event of nonpayment. CERTIFICATE Hnl_I)FR CANCFI I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CT ty of Clermont 30:; DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn • Denise Noak BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 68 S W Mont rose Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Clermont, FL 34711 AUTHORIZED REPRESENTATIVE Lenise Zika ACORD 25 (2001/08) FAX: (352)394-2379 ©ACORD CORPORATION 1988 Berkley Regional Insurance Company 11201 Douglas Avenue Des Moines, IA 50322 PERFORMANCE FOND .Annual Form Rood No, 0123793 KNO~VtT ALL BY THESE PRESENTS, That we Waste Pro of Florida, Inc , as Principal, and Berklev Regional Insurance Comoany , of Des Moines, IA autlZOrized to do business in the State of DE , as Surety, are held and firmly bound unto City of Clermont , as Obligee, in the maximum penal Suiri of One Hundred Thousand Dollars and o0/100 Dollars ($100,000.00 ), lawful money of the United States of America, for which payment well aad truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Surety Bond. '~VAEREAS, the Principal has entered, or is about to enter, into a written a~reement with he collection and e igee to perform in accordance with the terms and conditions of the disposal all of residential refuse; 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. _ hereai~er referred to as the Contract), said Contract is hereby referred to and made a part hereof, NO'W T~iERE>F'ORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its items. 1Votwithstarzding anything to the contxaiy in the Contract, the Band is subject tv the following express conditions: l . Vl~hereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of November ~3, 2oos tp November 12, Zoos . The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. PTowever, neither: (a} the Surety's decision not to issue a continuation certificate, nor {b} the failure or inability of the .Principal to £le a replacement bond or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee recoverable under this bond or any extension thereof. 2. The above referenced Contract has a term. ending November 12, Zoos , Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond -November 12, 2009 , unless earlier nonrenewed pursuant to paragraph 1 above. 3. No claim, action, suit or proceeding, except as,hereinafter set forth, shall be had or maintained against the Surety on this instiu~ment unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. Regardless of the rnimber of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 5. Any notice, demand, certification or request far payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Band. Surety Address: Berkley Regional Insurance Company 11201 Douglas Avenue Des Moines, IA 50322 Claim Department 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 3rd day of December 2008 „~ No. 7742 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Arthur L. Colley or Nicole Montealegre Colley of Nielson & Company, Inc. of Charlotte, NC its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Twenty Five Million and 00/100 Dollars ($25,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further - RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further - RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." _'; - ~,. ~~ ~, ~ IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its "- corporate seal. hereunto affixed this day of ~' t,i,,,..,~ , 2007. ~ -~ ~,, Attest: ~~ Berkley Regi 1 Insurance Company .~ F _ `. '~ (Sea]) ~ By -`"~/ ~ By . !~. ,, Ira S. Lederman Robert P. Cole `Senior Vice President & Secretary Senior Vice President WARNING: 'CHIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ~~day of t.tw~-~ , 2007, by Robert P. Cole and Ira S. Lederman - who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. ~I[.EEN KtC.,1..E~1~ xoa°~I~~.~rra~~rc f'~~~-~.~ `rte ~L~,r-- A+IY COt~JdAISSR~N ~X~iScS ~!ElNE ~D 20t~; Notary Public, State of Connecticut CERTIFICATE -~ ~` I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ' , .titre, coirecf and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the =: . aitthd,~~ pf the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full t"orce sand?"~ffect as ©f this date. ,~ ~~ CiMgen,und8r my hand and seal of the Company, this ~ day of ~ ~ CG~'t. , ~. ~.. ~ .(Seal) . '. .~ John F. ers .. GENERAL SURETY RIDER To be attached and form a part of Type of Bond: Class B Bond No.: 0123793 Dated effective: 11/13/2008 (MONTH, DAY, YEAR) executed by: Waste Pro of Florida lnc , as Principal, (PRINCIPAL) and by: Berklev Regional Insurance Comaanv , as Surety, (SURETY) and in favor of :City of Clermont . (OBLIGEE) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 11/13/2008 (MONTH, DAY, YEAR) Signed and Sealed 12/8/2008 (MONTH, DAY, YEAR) .,F ~f,...: a.. r__ ~ , .. -_- ' . ... ~ .vuua u~c ~RINCII?r#T ~ ' BY: ~ ~~L ~. ~ i f i'_ ~ Q ~ RobQ{~~ ~'. t'I +~ ~C?~ T TLE ` Berklev Regional Insurance Comnanv SURE~'Y ~ _ BY: -, Nicole Montealeg Colley, ATTOR' ~ Y-IN_~'A In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing '~' POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE No. 7742 NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Arthur L. Colley or Nicole Montealegre Colley of Nielson & Company, Inc. of Charlotte, NC its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation - shall exceed Twenty Five Million and 00/100 Dollars ($25,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or _ other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of ~' u~,.,L, , 2007. Attest: _' (Seal) By Berkley Regi 1 Insurance Company f /~--- -- By . ~ Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ~`7day of ~, 2007, by Robert P. Cole and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. ~tl.EEN FCILI.,E~t~ NOT.r3.it:i'' PLT~LX'G -~_~-tLyL. ~,r ~[.Lr.r~- A41' GJMAtISSI+"»~ 1`"~iRES Jt1N~ ~ %t11~" Notary Public, State of Connecticut _ CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the .= authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this ~~ day of ~~ , rr ~'~'T /~ ~ . (Seal) ~ / John F. ers ro:Waste Pro Certificate of Insurance(13523942379) 10.17 11/0511OGMT-04 Pg 02-03 ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/4/2o 0 PRODUCER (407)898-2211 FAX: (407)898-1850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Closson Insurance Agency, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR P.O. Box 547275 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando FL 32854-7275 INSURERS AFFORDING COVERAGE NAIC# INSURED Waste Pro USA Inc. Waste Pro of FL Inc. INsuRERALiberty Mutual Insurance Co 23035 Waste Pro of GA Inc. Waste Pro of SC Inc. ` INSURERBLiberty Insurance Corporation 42404 Waste Pro of NC Inc. Waste Pro of AL Inc. INsuRERCChar tis Specialty Insurance 26883 Waste Pro of MS Inc. Waste Pro of LA Inc. INSURER 0 Amer. Guarantee & Liab. Co. 26247 Box 917 09 Longwood FL 32791-7209 INsuRERE Lexington Insurance Co. 19437 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 OISUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ' UMITS LTR NERD TYPE OF INSURANCE DATE(MMIDOIYYYY) DATE(MMIDDIYYYYt GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 AMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREM/ES Ea occurrence) $ 10.0,000 A CLAIMS MADE X OCCUR T82-621-093780-020 1/1/2010 1/1/2011 MED EXP(Any one person) $ 5,000 X Blanket Add'l Ins'd T82-621-093780-021 1/1/2011 1/1/2012 PERSONALSADVINJURY $ 1,000,000 X Blanket Waiver GENERAL AGGREGATE S 2,000,000 GENT_AGGREGATE UMIT APPLIES PER _PRODUCTS-COMP/OP AGG $ 2,000,000 —I POUCY n JF T fl LOC AUTOMOBILE UABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 __ A ALL OWNED AUTOS AS2-621-093780-010 1/1/2010 1/1/2011 BODILY INJURY $ SCHEDULED AUTOS AS2-621-093780-011 1/1/2011 1/1/2012 (Paton) _ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per ecadent) $ X Blanket Add'1 Ins'd PROPERTY DAMAGE - X Blanket Waiver (Per accident) $ GARAGE UABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE s 25,000,000 OCCUR CLAIMS MADE AEC4891941-00 (Insurer D) 1/1/2010 1/1/2011 AGGREGATE $ 25,000,000 _ S DE DEDUCTIBLE 013510205 (Insurer E) 1/1/2010 1/1/2011 S X RETENTION $ 10,000 S B WORKERS COMPENSATION FL - Self,Insured/Excess X WCSTATU OTH AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE r1 EW7-62N-093780-050 11/6/2010 11/6/2011 EL EACHACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? I I (Mandatory lnNII) BA5-62D-093780-040 (DED) 11/6/2010 11/6/2011 EL DISEASE-EA EMPLOYEE $ 1,000,000 N describe under SPECIAL PROVISIONS belay EL DISEASE-POLICY OMIT $ 1,000,000 C OTHERPollution Liability PLC1959416 1/1/2010 1/1/2011 $25,000,000 Limit $25,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Ten days notice in the event of nonpayment. CERTIFICATE HOLDER CANCELLATION 3523942379@myfax.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Clermont NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Denise Noak IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 685 W Montrose Street REPRESENTATIVES Clermont, FL 34711 AUTHORIZED REPRESENTATIVE Lenise Zika/LMA �., ,w„ Q .'°K,=L__ ACORD 25(2009101) - ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(2009D1)01- The ACORD name and logo are registered marks of ACORD Io.Waste Pro Certificate of Insurance(13523942379) 10 17 11105110GMT-04 Pg 03-03 ._r 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(2009101) INS025 t2OO9D1)01 ACORD CERTIFICATE OF LIABILITY INSURANCE 2/D11/ 2p THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis Insurance Services of Georgia, Inc. PHONE FAX 877-945-7378 ac.No) 888-467-2378 c/o 26 Century Blvd. P. O. Box 305191 E-MAADDRESS certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC a INSURERA Liberty Mutual Fire Insurance Company 23035-001 INSURED INSURERB Lexington Insurance Company 19437-002 Waste Pro USA, Inc. 2101 W State Road 434 INSURERC Liberty Mutual Insurance Company 23043-000 Longwood, FL 32779 INSURERD American Guarantee & Liab. Ins. Co. 26247-001 INSURER E I— — -- -- _ — — - INSURERF —— COVERAGES CERTIFICATE NUMBER:18904048 REVISION NUMBER: 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 INSRTYPEOFINSURANCE ADD'L SUBF POLICYNUMBER M/ POLICY EFF POLICY EXP LIMITS LTR INSRD WVD (MDD/YYYY1 (MM/DD/YYYY) A GENERAL LIABILITY TB2621093780102 11/22/201211/22/2013EACHOCCURRENCE $ 1,000,000 RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY n JEo n LOC A AUTOMOBILE LIABILITY AS2621093780092 11/22/201211/22/2013 Oa MaBNDt;INGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED P RY BODILY INJUer accident)_AUTOS ( $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ _ $ UMBRELLA LIAB X OCCUR 018423515 11/22/201211/22/201? EACH OCCURRENCE $ 5,000,000 _ X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ C, WORKERS COMPENSATION WA562D093780042 11/22/201211/22/2013 X WCSTATU- TH O - AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N C_ ANY PROPRIETOR/PARTNER/EXECUTIVEN/A EW562N093780052 11/22/201211/22/2013 EL EACH ACCIDENT $ 1,000,000 --_--'--OFFICER/MEMBER EXCLUDED?--= - --- —- --_.- --— .�-, -____ _ _ (MandatorymNH) 'ELDISEASE-EAEMPLOYEE $ 1,000,000- If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 D Excess Liability AEC585211600 11/22/201211/22/2013$20,000,000 Limit ' I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Addrtonal Remarks Schedule,if more space is required) See attached for Pollution Liability coverage and additional information: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Clermont AUTHORIZED REPRESENTATIVE Attn: Denise Noak 685 W Montrose Street Clermont, FL 34711 Coll:3927035 Tp1:1555781 Cert:18904048 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 22014190 LOC#: '4 ADDITIONAL REMARKS SCHEDULE Paged of 2 AGENCY NAMED INSURED Waste Pro USA, Inc. Willis Insurance Services of Georgia, Inc. 2101 W State Road 434 POLICY NUMBER Longwood, FL 32779 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Pollution Liability Carrier: Chartis Specialty Insurance Company / NAIC 26883-003 Policy Number: PLC1959416 Policy Term: 01/01/2012 - 01/01/2013 $25,000,000 Limit $ 25,000 Deductible Named Insured includes: Waste Pro of AL Inc., Waste Pro of FL Inc., Waste Pro of GA Inc. , Waste Pro of LA Inc., Waste Pro of MS Inc., Waste Pro of Memphis LLC, Waste Pro of NC Inc., Waste Pro of SC Inc., Applecart Holdings LLC, Applecart Land Holdings LLC, Applewhite Recycling Systems LLC, American Recycling of Georgia, American Recycling of Birmingham, Delta Sanitation LLC, Talley Disposal LLC ACORD101 (2008/01) Co11:3927035 Tp1:1555781 Cert:18904048 ©2008ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD ____.....ii• WASTPRO-01 SMITHGA ACOREY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) klikci/--- 11/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE,A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: :If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rlghts'to the certificate holder in lieu of such endorsement(s). PRODUCERNAMEACT Willis Certificate Center Willis Insurance Services of Georgia,Inc. PHONE 877 945-7378 FAX 888 467-2378 c/o 26 Century Blvd (A/C,No,Ext) ( ) (A/C,No) (888) P.O.Box 305191 n DRESS certificates@willis.com Nashville,TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B Lexington Insurance Company 19437 Waste Pro USA,Inc.and its subsidiaries INSURER C Liberty Mutual Insurance Company 23043 2101 W State Road 434 INSURER D NAS-North American Specialty Insurance Company 29874 Longwood,FL 32779 INSURER E AIG Specialty Insurance Company 26883_ • -- INSURER F _- _- - - -COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR TB2-621-093780-105 11/22/2015 11/22/2016 DAMAGE TO RENTED 500 000 PREMISES(Ea occurrence) $ + MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ - 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 20,000,000 POLICY X JEt° X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1+000+000 A X ANY AUTO AS2-621-093780-095 11/22/2015 11/22/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ I $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS LIAB CLAIMS-MADE 018423515 11/22/2015 11/22/2016 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A WA5-62D-093780-045 11/22/2015 11/22/2016 E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE, $ 1,000,000 If yes,describe under , DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT I$ 1,000,000 D Excess Liability EXS 2000067 02 11/22/2015 11/22/2016 25,000,000 XS 5,000,000 E Pollution Liability PLC 23063207 01/01/2015 01/01/2016 See Attached DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Clermont AUTHORIZED REPRESENTATIVE • Attn•Denise Noak /66/Ad 64.41. 685 W Montrose Street Clermont,FL 34711 1 C ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Additional Named Insureds for Waste Pro USA, Inc. include the following: Waste Pro of Alabama, Inc. Waste Pro of Florida, Inc. Waste Pro of Georgia, Inc. Waste Pro of Louisiana, Inc. Waste Pro of Mississippi, Inc. • -- - ------Waste-Pro-of Tennessee,Inc. - -- - Waste Pro of North Carolina, Inc. Waste Pro of South Carolina, Inc. Applewhite Recycling LLC American Recycling of Georgia LLC American Recycling of Alabama LLC Delta Sanitation LLC Talley Disposal LLC RXND LLC dba Green Key Environmental Solutions ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS Pollution Liability - POLICY TYPE: Contractor's Pollution Liability $25,000,000 Limit CARRIER: AIG Specialty Insurance Company $250,000 Deductible POLICY TERM: 01/01/2015—01/01/2016 POLICY NUMBER: PLC 23063207 Storage Tank Liability- $1,000,000 Limit POLICY TYPE: Excess Workers Compensation and WC -Per Statute Employers Liability -FL E.L. $1,000,000 Each Accident CARRIER: Liberty Mutual Insurance Company E.L. $1,000,000 Disease -Policy Limit POLICY TERM: 11/22/2015—11/22/2016 E.L. $1,000,000 Disease- Each Employee POLICY NUMBER: EW5-62N-093780-055