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Item C03 C.3 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: C.3 Agenda Item Summary #3192 BULK ITEM: Yes DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536 No AGENDA ITEM WORDING: Approval of Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste Management of Florida, Inc., Marathon Garbage Services, Inc., and Keys Sanitary Services. This Amendment will increase the commercial rates to be uniform in the County as directed by the Board of County Commissioners at its April 21, 2021 meeting. ITEM BACKGROUND: This Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement will adjust the commercial rates to be charged by the Franchisee so that the rates will be uniform and will result in an increase in each area which will be approximately 8.7-9.2% for the Lower Keys area(WM customers), 1.8-2.4% for Marathon and Middle Keys area(Marathon Garbage customers), and 4.0-4.5%for Upper Keys area- Keys Sanitary Services customers. (see also Exhibit 11 setting forth the rates). This Amendment 2 also adds language to require the Franchisees to provide written notice of the potential rates change and to include the date of the public hearing in which the final commercial rates will be adopted. The County's four Franchise Agreements allows for an annual Consumer Price Index (CPI) adjustment to the commercial collection rates. The CPI adjustment is 1.4%. The Commercial Collection, Disposal and Recycling Rates were initially established in the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement between Monroe County and Waste Management of Florida, Inc. (WM), Marathon Garbage Services, Inc. (MGS), Keys Sanitary Services (KSS) and Ocean Reef Club, Inc. (Ocean Reef). Each year, as per the Agreement, the commercial and recycling rates are adjusted by the Consumer Price Index. On this agenda is approval of the Resolution adopting the Tentative Commercial Rates for Fiscal Year 2021-2022 to implement the uniform commercial rates as directed by the BOCC. At the April 21, 2021 meeting the BOCC directed for the commercial rates to be uniform and for the commercial rates of WM, MGS, and KSS to be increased to the Ocean Reef commercial rates. Packet,Pg. 94 C.3 The County will publish notice of the proposed commercial rates and notice of the upcoming August 18, 2021 public meeting to adopt the final 2021-2022 Commercial and Recycling rates as part of the budget process. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Amended and Restated Solid Waste and Recycling Collection Franchise Agreements between WM, MGS, KSS on May 21, 2014 and Ocean Reef on August 20, 2014. The BOCC at its April 21, 2021 meeting directed for the commercial rates to be uniform and for staff to implement uniform commercial rates among the Franchisee. CONTRACT/AGREEMENT CHANGES: Revision to increase commercial rates to become uniform in the County STAFF RECOMMENDATION: DOCUMENTATION: Agenda Item M1 from 4 2121 Meeting Amendment 2 to the Amended and Restated Franchise Agreement WM (rev).docx Amendment 2 to the Amended and Restated Franchise Agreement MGS May 2021 (rev).docx Amendment 2 to the Amended and Restated Franchise Agreement KSS May 2021 (003) (rev).docx FINANCIAL IMPACT: Effective Date: 10/1/2021 Expiration Date: 9/30/2024 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes, as set forth in the Amended and Restated Franchise Agreement Additional Details: N/A Packet,Pg. 95 C.3 REVIEWED BY: Cheryl Sullivan Completed 06/01/2021 4:40 PM Kevin Wilson Completed 06/01/2021 4:44 PM Christine Limbert Completed 06/01/2021 5:08 PM Purchasing Skipped 06/01/2021 5:08 PM Budget and Finance Completed 06/01/2021 5:10 PM Maria Slavik Completed 06/01/2021 5:21 PM Liz Yongue Completed 06/01/2021 5:27 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet,Pg. 96 C.3.a i, BOARD OF COUNTY COMMISSIONERS County of Monroe �� Mayor Michelle Coldiron,District 2 jj ( { ` Mayor Pro Tem David Rice,District 4 The Florida Keys i` �� l ��" q �41 Craig Cates,District 1 Eddie Martinez,District 3 Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Summary #8097 Ui BULK ITEM: No DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536 10:00 AM a AGENDA ITEM WORDING: Discussion and direction of the Franchisee's request to make commercial solid waste rates the same across the County. ITEM BACKGROUND: The Board of County Commissioners adopts the tentative and final commercial rates as part of the budget process and in conjunction with the Solid Waste Special 2 Assessment. Each Franchisee (Waste Management of Florida, Marathon Garbage, Keys Sanitary 0 Services and Ocean Reef) has different commercial rates. In an effort to have uniform commercial rates, county staff and the Franchisees met in an attempt to .E reach equitable agreed upon commercial rates throughout the County's solid waste service area. E The Franchisees have suggested that the rates be adjusted to the highest rates, which are the Ocean Reef rates. If the commercial rates are adjusted to the highest rates, commercial rates in each area, except Ocean Reef as those commercial rates are the highest, will increase and commercial customers will see an increase in their commercial service. cv The increase in each area will be approximately 8.7-9.2% for the Lower Keys area(WM customers), 1.8-2.4% for Marathon and Middle Keys area(Marathon Garbage customers), and_4.0-4.5%for E Upper Keys area- Keys Sanitary Services customers. Before County staff proceeds to adopt the commercial rates at the suggested rates by the Franchisees, County staff would like to get direction from the Board of County Commissioners. A resolution adopting the tentative rates will be placed before the Board for consideration at their a May 19, 2021 meeting and a resolution adopting the final commercial rates, after publication in the newspapers, will be placed before the Board at the August 18, 2021 meeting in accordance with the budget and commercial rates adoption process. E The four Franchisees are expected to express their concerns that commercial rates should be uniform throughout the county at the rates suggested by them. Packet,Pg. 97 C.3.a PREVIOUS RELEVANT BOCC ACTION: BOCC approved contracts for the four franchise haulers at variable rates in May 2014. The BOCC approves the commercial rates annually as a part of the budget process. v� CONTRACT/AGREEMENT CHANGES: N/A Ui STAFF RECOMMENDATION: Discussion and Direction DOCUMENTATION: FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A C14 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A cv Additional Details: N/A 0 REVIEWED BY: Cheryl Sullivan Completed 04/05/2021 5:38 PM Christine Limbert Completed 04/06/2021 10:07 AM Kevin Wilson Completed 04/06/2021 1:49 PM Purchasing Completed 04/06/2021 1:52 PM Budget and Finance Completed 04/06/2021 1:59 PM Maria Slavik Skipped 04/06/2021 10:08 AM Liz Yongue Completed 04/06/2021 3:58 PM Board of County Commissioners Completed 04/21/2021 9:00 AM Packet,Pg. 98 C.3.b Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement This Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 is entered into this 191"day of May 2021 between Waste cv Management of Florida, Inc. ("WM") and Monroe County Board of County Commissioners ("County" or "BOCC"). E WHEREAS, the County entered into the Amended and Restated Solid Waste and Recycling m Collection Franchise Agreement dated May 21, 2014(Franchise Agreement)with WM for the period of October 1, 2014 to September 30, 2024; and 0 WHEREAS, the County entered into Amendment 1 to the Franchise Agreement dated September 21, 2016 (Amendment 1)to adjust the Consumer Price Index(CPI) from the CPI for All Urban Consumers (CPIU)to the Miami/Ft. Lauderdale Urban Consumers All items Price Index so that the rate adjustments would correspond to the Amended and Restated Haul Out, Operation and Maintenance -41 Agreement with Waste Management of Florida, Inc. dated May 21, 2014 (Haul Out Agreement) which > utilized the Miami/Ft. Lauderdale CPI; and WHEREAS, Waste Management of Florida, Inc., Marathon Garbage Services, Inc.,and Keys Sanitary Services requested for their commercial rates in their Franchise Agreements to be uniform and 0) to be increased to the commercial rates as set forth in the Ocean Reef Club Franchise Agreement; and WHEREAS, on April 21, 2021, the Board of County Commissioners considered the request of the y_ 3 Franchisees and directed for staff to proceed with implementing uniform commercial rates at the higher Ocean Reef rates and therefore as directed this Amendment 2 to the Franchise Agreement is presented for approval with those uniform rates as set forth in Exhibit II; and WHEREAS,the Franchisees are currently required to provide commercial customers with written notice of a potential rate change in its annual September billing, but in order for the written notice to coincide with the commercial rates adoption process by the Board of County Commissioners and to provide notice of rate changes to commercial customers, the language is being revised so the written notice to commercial customers will be provided after the adoption of the tentative commercial rates and will include the date of the public hearing in which the final commercial rates will be adopted; NOW THEREFORE, in consideration of the above premises and the mutual obligations undertaken 0 herein, the parties hereby agree that paragraph 5. B. (1) is amended as follows (the changes are noted in cv StFikethFeugh text for deleted language and in underlined text for added language): 1. Paragraph 5. CHARGES, RATES, AGREEMENT AMOUNT AND LEVELS OF SERVICES B. Solid Waste and Recycling Collection Rate Adjustments (1) For all Collection services, the charges shall be iRitially based on the rates established in Exhibit II, and as subsequently adjusted pursuant to this Agreement.The Franchisee shall receive periodic 1 Packet,Pg. 99 C.3.b adjustments!n the Residential Solid Waste and Recycling Collection Service,and annualadjustmentsto the Commercial Recycling Collection Service,and Commercial Solid Waste Collection Services as specified herein.The Franchisee shall,provide Commercial customers written notice of a potential rate change in its next billing period afterthe tentative rates are adopted bythe Board of o County Commissioners and shall include the date of the Public Hearing in which the final commercial rates will be adopted.The periodic adj ustme nt shal I be made tothe combined category of Residential Solid Waste Collection Service and Residential Recycling Collection Service.The annuol adjustment shall be made to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service,the Commercial Disposal Rate shall be adjusted in accordance with the W CPIU adjustment used in the Haul Out Agreement,and the CPIUforsuch shall not exceed 5%annually. cv CPIU increases beyond 5%shall require BOCC approval and an amendment tothe Agreement. .9 2. The rates as setforth in Exhibit II shall be effective October 1,2021 and shall be adjusted thereafteras setforth in the agreement through the period ofSeptember30,2024. W x IN WITNESS WHEREOF,each party has caused this Agree mentto be executed by its duly authorized representative onthe dayand year firstabove written. (SEAL) BOARD OFCOUNTY COMMISSEONERS W Attest:KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor E Attest: Waste Management of Florida,Inc. M BY ,,_ By: - " -Secretary David Myhan President 0 cv 2 Packet;Pg. 100 C.3.b EXHIBIT II APPROVED RATE SCHEDULE WASTE MANAGEMENT FY 2021-2022 Approved Rates 0 N Residential Collection Rates (permit) E Services Curbside Service Solid Waste $ 15.47 (2x/wk.) Recycling $ 4.50 (lx/wk.) c Commercial Solid Waste and Recycling X U 0 Solid Waste Collection Rate (Non-Compacted Dum sters/Containers $8.39 per cubic Recycling Container Collection Rate $8.39 per cubic Solid Waste Compacted Collection Rate Per Cubic Yard $22.71 per cubic W MONTHLY CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism 1 YD $20.06 2YD $22.79 3YD $25.64 4YD $26.05 6YD $28.87 0 8YD $31.71 N RECYCLING CONTAINERS 32 gal. $1.89 90 gal. $5.19 64 gal. $3.78 E Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. 3 Packet Pg. 101 C.3.b Franchise Area's 1,2,3, 4 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 A a) CAN PICKUP RATE Collection SCHEDULE Increase 1.40% Disposal Increase 1.40% No. of Number of Pickups Per Week cans* Rate Element 2 3 4 5 6 2 COLLECTION 22.87 34.16 45.54 56.98 68.35 DISPOSAL 27.56 41.25 55.04 68.84 82.60 '✓ RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 50.43 75.41 100.58 125.82 150.95 3 COLLECTION 34.16 51.16 68.35 85.38 102.59 DISPOSAL 41.25 61.89 82.60 103.25 123.89 U RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 75.41 113.05 150.95 188.62 226.48 > 4 COLLECTION 45.54 68.35 91.17 113.95 136.81 W DISPOSAL 55.04 82.60 110.59 138.25 165.87 RECYCLING** 0.00 0.00 0.00 0.00 0.00 � TOTAL 100.58 150.95 201.76 252.20 302.68 E 5 COLLECTION 56.98 85.38 113.95 142.36 202.05 DISPOSAL 68.84 103.25 138.25 172.04 206.45 y RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 125.82 188.62 252.20 314.39 408.50 6 COLLECTION 68.35 102.59 136.81 202.05 198.63 DISPOSAL 82.60 123.89 165.87 206.45 240.12 RECYCLING** 0.00 0.00 0.00 0.00 0.00 � TOTAL 150.95 226.48 302.68 408.50 438.75 *Based on 32 gallon cans Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 0 N b) CONTAINERIZED PICKUP RATE SCHEDULE Container Number of Pickups Per Week Size Rate Element 1 2 3 4 5 6 7 1 COLLECTION 56.59 95.11 134.24 170.84 208.21 245.90 549 4 Packet Pg. 102 C.3.b DISPOSAL 42.44 87.12 130.68 174.24 217.81 261.37 304 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 .N TOTAL 99.03 182.24 264.92 345.08 426.02 507.27 854 2 COLLECTION 95.11 168.99 243.21 317.18 388.59 459.87 531 0 DISPOSAL 87.12 174.24 261.37 348.47 435.60 522.75 609 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 182.24 343.23 504.58 665.65 824.19 982.62 1141 3 COLLECTION 134.24 243.21 353.03 459.81 566.80 673.82 780 DISPOSAL 130.68 261.37 392.04 522.74 653.43 784.11 914 < RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 cv TOTAL 264.92 504.58 745.08 982.55 1220.23 1457.93 1695 .9) 4 COLLECTION 170.84 317.18 459.81 602.55 637.82 887.70 1,030 DISPOSAL 174.24 348.47 522.74 696.98 871.23 1,045.47 1,219 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 x TOTAL 345.08 665.65 982.55 1299.53 1509.04 1933.17 2250 6 COLLECTION 245.90 459.87 673.82 887.70 1,101.64 1,315.58 1,529 W DISPOSAL 261.37 522.75 784.11 1,045.47 1,306.83 1,564.12 1,829 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 507.27 982.62 1457.93 1933.17 2408.47 2879.70 3359 0) 8 COLLECTION 317.18 602.55 887.70 1,173.03 1,458.29 1,707.63 1,986 CD DISPOSAL 348.47 696.98 1,045.47 1,393.98 1,742.49 2,090.97 2,439 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 y_ TOTAL 665.65 1299.53 1933.17 2567.00 3200.78 3798.60 4426 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of$8.39 per cubic yard and a processing fee of$1.09 per cubic yard;there is no disposal fee for y recycling services. Monthly charges will depend on the specific level of service. 0 cv 5 Packet Pg. 103 C.3.0 Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement This Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 is entered into this 191"day of May 2021 between Marathon Garbage Services, Inc. ("MGS") and Monroe County Board of County Commissioners ("County" or "BOCC"). 0 WHEREAS, the County entered into the Amended and Restated Solid Waste and Recycling �+ Collection Franchise Agreement dated May 21, 2014(Franchise Agreement)with MGS for the period of October 1, 2014 to September 30, 2024; and X C WHEREAS, the County entered into Amendment 1 to the Franchise Agreement dated September 21, 2016 (Amendment 1)to adjust the Consumer Price Index(CPI) from the CPI for All Urban W Consumers (CPIU)to the Miami/Ft. Lauderdale Urban Consumers All items Price Index so that the rate adjustments would correspond to the Amended and Restated Haul Out, Operation and Maintenance `V Agreement with Waste Management of Florida, Inc. dated May 21, 2014 (Haul Out Agreement) which utilized the Miami/Ft. Lauderdale CPI; and WHEREAS, Waste Management of Florida, Inc., Marathon Garbage Services, Inc.,and Keys Sanitary Services requested for their commercial rates in their Franchise Agreements to be uniform and E to be increased to the commercial rates as set forth in the Ocean Reef Club Franchise Agreement; and WHEREAS, on April 21, 2021, the Board of County Commissioners considered the request of the 3 Franchisees and directed for staff to proceed with implementing uniform commercial rates at the higher Ocean Reef rates and therefore as directed this Amendment 2 to the Franchise Agreement is presented for approval with those uniform rates as set forth in Exhibit II; and WHEREAS,the Franchisees are currently required to provide commercial customers with written notice of a potential rate change in its annual September billing, but in order for the written notice to coincide with the commercial rates adoption process by the Board of County Commissioners and to provide notice of rate changes to commercial customers, the language is being revised so the written notice to commercial customers will be provided after the adoption of the tentative commercial rates and will include the date of the public hearing in which the final commercial rates will be adopted; NOW THEREFORE, in consideration of the above premises and the mutual obligations undertaken herein, the parties hereby agree that paragraph 5. B. (1) is amended as follows (the changes are noted in StFikethFeugh text for deleted language and in underlined text for added language): 1. Paragraph 5. CHARGES, RATES, AGREEMENT AMOUNT AND LEVELS OF SERVICES B. Solid Waste and Recycling Collection Rate Adjustments (1) For all Collection services, the charges shall be iRitially based on the rates established in Exhibit II, and as subsequently adjusted pursuant to this Agreement.The Franchisee shall receive periodic 1 Packet Pg. 104 C.3.c C adjustments in the Residential Solid Waste and Recycling Collection Service,and annual adjustments to the Commercial Recycling Collection Service,and Commercial Solid Waste Collection Services as specified herein.The Franchisee shall provide Commercial customers written notice of a potential rate change in its next anal-Septe be billing period after the tentative rates are adopted by the Board of County Commissioners and shall include the date of the Public Hearing in which the final commercial rates will be adopted.The periodic adjustment shall be made to the combined category of Residential r, Solid Waste Collection Service and Residential Recycling Collection Service.The annual adj stment shall be made to the combined category of Commercial Solid Waste Collection Service and Com ercial N Recycling Collection Service,the Commercial Disposal Rate shall be adjusted in accordance with the CPIU adjustment used in the Haul Out Agreement,and the CPIU for such shall not exceed 5%annually. CPIU increases beyond 5%shall require BOCC approval and an amendment to the Agreement. C 2. The rates as set forth in Exhibit II shall be effective October 1,2021 and shall be adjusted thereafter as set forth in the agreement through the period of September 30,2024. cv IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly au horized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Attest: Marathon Garbage Services, Inc. By By: Tayl onrath,Treasurer Ronald G. Konrath President I C cv 2 Packet Pg. 105 C.3.0 EXHIBIT II c cv APPROVED RATE SCHEDULE MARATHON GARBAGE SERVICE -a FY 2021-2022 Approved Rates e( Residential Collection Rates (permit) Services Curbside Service N Solid Waste $ 14.52 (2x/wk.) Recycling $ 4.34 (lx/wk.) X C Commercial Solid Waste and Recycling N N Solid Waste Collection Rate (Non-Compacted Dum sters/Containers $8.39 per cubic C7 Recycling Container Collection Rate $8.39 per cubic Solid Waste Compacted Collection Rate Per Cubic Yard $22.71 per cubic MONTHLY CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism 1 YD $20.06 2YD $22.79 3YD $25.64 4YD $26.05 6YD $28.87 C 8YD $31.71 N RECYCLING CONTAINERS 32 gal. $1.89 -� 90 gal. $5.19 64 gal. $3.78 E Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. 3 Packet Pg. 106 C.3.c Franchise Area's 1,2,3, 4 0 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 N a) CAN PICKUP RATE Collection E SCHEDULE Increase 1.40% Disposal Increase 1.40% m No. of Number of Pickups Per Week < cans* Rate Element 2 3 4 5 6 .N 2 COLLECTION 22.87 34.16 45.54 56.98 68.35 DISPOSAL 27.56 41.25 55.04 68.84 82.60 RECYCLING** 0.00 0.00 0.00 0.00 0.00 x TOTAL 50.43 75.41 100.58 125.82 150.95 3 COLLECTION 34.16 51.16 68.35 85.38 102.59 W DISPOSAL 41.25 61.89 82.60 103.25 123.89 CD RECYCLING** 0.00 0.00 0.00 0.00 0.00 N TOTAL 75.41 113.05 150.95 188.62 226.48 4 COLLECTION 45.54 68.35 91.17 113.95 136.81 DISPOSAL 55.04 82.60 110.59 138.25 165.87 RECYCLING** 0.00 0.00 0.00 0.00 0.00 � TOTAL 100.58 150.95 201.76 252.20 302.68 0 m 5 COLLECTION 56.98 85.38 113.95 142.36 202.05 DISPOSAL 68.84 103.25 138.25 172.04 206.45 y RECYCLING** 0.00 0.00 0.00 0.00 0.00 � TOTAL 125.82 188.62 252.20 314.39 408.50 6 COLLECTION 68.35 102.59 136.81 202.05 198.63 DISPOSAL 82.60 123.89 165.87 206.45 240.12 RECYCLING** 0.00 0.00 0.00 0.00 0.00 � TOTAL 150.95 226.48 302.68 408.50 438.75 *Based on 32 gallon cans m 0 Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 b) CONTAINERIZED PICKUP RATE m SCHEDULE m Container Number of Pickups Per Week Size Rate Element 1 2 3 4 5 6 7 0 1 COLLECTION 56.59 95.11 134.24 170.84 208.21 245.90 549 4 Packet Pg. 107 C.3.0 DISPOSAL 42.44 87.12 130.68 174.24 217.81 261.37 304 o RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 cV TOTAL 99.03 182.24 264.92 345.08 426.02 507.27 854 m 2 COLLECTION 95.11 168.99 243.21 317.18 388.59 459.87 531 DISPOSAL 87.12 174.24 261.37 348.47 435.60 522.75 609 E RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 182.24 343.23 504.58 665.65 824.19 982.62 1141 0 3 COLLECTION 134.24 243.21 353.03 459.81 566.80 673.82 780 'us DISPOSAL 130.68 261.37 392.04 522.74 653.43 784.11 914 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 264.92 504.58 745.08 982.55 1220.23 1457.93 1695 U 0 4 COLLECTION 170.84 317.18 459.81 602.55 637.82 887.70 1,030 DISPOSAL 174.24 348.47 522.74 696.98 871.23 1,045.47 1,219 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 345.08 665.65 982.55 1299.53 1509.04 1933.17 2250 6 COLLECTION 245.90 459.87 673.82 887.70 1,101.64 1,315.58 1,529 DISPOSAL 261.37 522.75 784.11 1,045.47 1,306.83 1,564.12 1,829 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 507.27 982.62 1457.93 1933.17 2408.47 2879.70 3359 W 8 COLLECTION 317.18 602.55 887.70 1,173.03 1,458.29 1,707.63 1,986 CD DISPOSAL 348.47 696.98 1,045.47 1,393.98 1,742.49 2,090.97 2,439 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 �_ TOTAL 665.65 1299.53 1933.17 2567.00 3200.78 3798.60 4426 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of$8.39 per cubic yard and a processing fee of$1.09 per cubic yard;there is no disposal fee for recycling services. Monthly charges will depend on the specific level of service. m 0 cv m m m 5 Packet Pg. 108 C.3.d 0 Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement This Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 is entered into this 191"day of May 2021 between Ted Carter Enterprises, Inc dba Keys Sanitary Service ("KSS") and Monroe County Board of County Commissioners ("County" or"BOCC"). WHEREAS, the County entered into the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014(Franchise Agreement)with KSS for the period of October 1, 2014 to September 30, 2024; and WHEREAS, the County entered into Amendment 1 to the Franchise Agreement dated September 21, 2016 (Amendment 1)to adjust the Consumer Price Index(CPI)from the CPI for All Urban Consumers (CPIU)to the Miami/Ft. Lauderdale Urban Consumers All items Price Index so that the rate ._ adjustments would correspond to the Amended and Restated Haul Out, Operation and Maintenance Agreement with Waste Management of Florida, Inc. dated May 21, 2014 (Haul Out Agreement) which utilized the Miami/Ft. Lauderdale CPI; and WHEREAS, Waste Management of Florida, Inc., Marathon Garbage Services, Inc.,and KSS requested for their commercial rates in their Franchise Agreements to be uniform and to be increased to the commercial rates as set forth in the Ocean Reef Club Franchise Agreement; and a, WHEREAS, on April 21, 2021, the Board of County Commissioners considered the request of the 3 Franchisees and directed for staff to proceed with implementing uniform commercial rates at the higher Ocean Reef rates and therefore as directed this Amendment 2 to the Franchise Agreement is presented for approval with those uniform rates as set forth in Exhibit II; and WHEREAS,the Franchisees are currently required to provide commercial customers with written notice of a potential rate change in its annual September billing, but in order for the written notice to coincide with the commercial rates adoption process by the Board of County Commissioners and to provide notice of rate changes to commercial customers, the language is being revised so the written notice to commercial customers will be provided after the adoption of the tentative commercial rates and will include the date of the public hearing in which the final commercial rates will be adopted; NOW THEREFORE, in consideration of the above premises and the mutual obligations undertaken herein, the parties hereby agree that paragraph 5. B. (1) is amended as follows (the changes are noted in StFikethFeugh text for deleted language and in underlined text for added language): 1. Paragraph 5. CHARGES, RATES, AGREEMENT AMOUNT AND LEVELS OF SERVICES B. Solid Waste and Recycling Collection Rate Adjustments (1) For all Collection services, the charges shall be iRitially based on the rates established in Exhibit II, and as subsequently adjusted pursuant to this Agreement.The Franchisee shall receive periodic 1 Packet Pg. 109 C.3.d 0 N adjustments in the Residential Solid Waste and Recycling Collection Service,and annual adjustments to the Commercial Recycling Collection Service, and Commercial Solid Waste Collection Services as specified herein.The Franchisee shall provide Commercial customers written notice of a potential rate m change in its next annual Septe billing period after the tentative rates are adopted by the Beard of County Commissioners and shall include the date of the Public Hearing in which the final commercial rates will be adopted.The periodic adjustment shall be made to the combined category of Residential Solid Waste Collection Service and Residential Recycling Collection Service.The annual adjustment shall be made to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service,the Commercial Disposal Rate shall be adjusted in accordance with the X CPIU adjustment used in the Haul Out Agreement,and the CPIU for such shall not exceed 5%annually. -41 CPIU increases beyond 5%shall require BOCC approval and an amendment to the Agreement. 2 2. The rates as set forth in Exhibit II shall be effective October 1, 2021 and shall be adjusted r9 thereafter as set forth in the agreement through the period of September 30, 2024. CD �-- IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized N representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Attest: Keys Sanitary Service J V By, yp T �„ '✓ kr Secretary John Edwi , rter .Jr. Presider y 0 N 2 Packet Pg. 110 C.3.d 0 EXHIBIT II N APPROVED RATE SCHEDULE KEYS SANITARY SERVICE FY 2021-2022 Approved Rates E e( Residential Collection Rates (permit) Services Curbside Service Solid Waste $ 14.60 (2x/wk.) x U Recycling $ 4.33 (lx/wk.) 0 Commercial Solid Waste and Recycling N N Solid Waste Collection Rate (Non-Compacted Dum sters/Containers $8.39 per cubic Recycling Container Collection Rate $8.39 per cubic Solid Waste Compacted Collection Rate Per Cubic Yard $22.71 per cubic m MONTHLY CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism a 1 YD $20.06 2YD $22.79 -� 3YD $25.64 4YD $26.05 6YD $28.87 8YD $31.71 0 cv RECYCLING CONTAINERS 32 gal. $1.89 90 gal. $5.19 -� 64 gal. $3.78 � m Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. 3 Packet Pg. 111 C.3.d 0 Franchise Area's 1,2,3, 4 N Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 a) CAN PICKUP RATE Collection SCHEDULE Increase 1.40% Disposal Increase 1.40% W No. of Number of Pickups Per Week cans* Rate Element 2 3 4 5 6 2 2 COLLECTION 22.87 34.16 45.54 56.98 68.35 DISPOSAL 27.56 41.25 55.04 68.84 82.60 x RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 50.43 75.41 100.58 125.82 150.95 > 0 3 COLLECTION 34.16 51.16 68.35 85.38 102.59 r9 DISPOSAL 41.25 61.89 82.60 103.25 123.89 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 75.41 113.05 150.95 188.62 226.48CD 4 COLLECTION 45.54 68.35 91.17 113.95 136.81 DISPOSAL 55.04 82.60 110.59 138.25 165.87 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 100.58 150.95 201.76 252.20 302.68 0) 5 COLLECTION 56.98 85.38 113.95 142.36 202.05 DISPOSAL 68.84 103.25 138.25 172.04 206.45 RECYCLING** 0.00 0.00 0.00 0.00 0.00 y_ TOTAL 125.82 188.62 252.20 314.39 408.50 6 COLLECTION 68.35 102.59 136.81 202.05 198.63 DISPOSAL 82.60 123.89 165.87 206.45 240.12 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 150.95 226.48 302.68 408.50 438.75 *Based on 32 gallon cans Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 0 N b) CONTAINERIZED PICKUP RATE SCHEDULE Container Number of Pickups Per Week Size Rate Element 1 2 3 4 5 6 7 1 COLLECTION 56.59 95.11 134.24 170.84 208.21 245.90 549 4 Packet Pg. 112 C.3.d 0 DISPOSAL 42.44 87.12 130.68 174.24 217.81 261.37 304 cv RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 99.03 182.24 264.92 345.08 426.02 507.27 854 E 2 COLLECTION 95.11 168.99 243.21 317.18 388.59 459.87 531 E DISPOSAL 87.12 174.24 261.37 348.47 435.60 522.75 609 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 182.24 343.23 504.58 665.65 824.19 982.62 1141 .9 3 COLLECTION 134.24 243.21 353.03 459.81 566.80 673.82 780 DISPOSAL 130.68 261.37 392.04 522.74 653.43 784.11 914 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 U TOTAL 264.92 504.58 745.08 982.55 1220.23 1457.93 1695 4 COLLECTION 170.84 317.18 459.81 602.55 637.82 887.70 1,030 DISPOSAL 174.24 348.47 522.74 696.98 871.23 1,045.47 1,219 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 345.08 665.65 982.55 1299.53 1509.04 1933.17 2250 cv 6 COLLECTION 245.90 459.87 673.82 887.70 1,101.64 1,315.58 1,529 DISPOSAL 261.37 522.75 784.11 1,045.47 1,306.83 1,564.12 1,829 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 507.27 982.62 1457.93 1933.17 2408.47 2879.70 3359 8 COLLECTION 317.18 602.55 887.70 1,173.03 1,458.29 1,707.63 1,986 DISPOSAL 348.47 696.98 1,045.47 1,393.98 1,742.49 2,090.97 2,439 CD RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0 TOTAL 665.65 1299.53 1933.17 2567.00 3200.78 3798.60 4426 ,T "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of$8.39 per cubic yard and a processing fee of$1.09 per cubic yard;there is no disposal fee for recycling services. Monthly charges will depend on the specific level of service. �+ 0 cv 5 Packet Pg. 113