2nd Amendment 01/28/2009DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: February 3, 2009
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto, Assistant Director
Public Works Division
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FROM: Pamela G. Haneo—cWD.0
At the January 28, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to the Franchise Agreement between
Monroe County and Waste Management, Inc., of Florida, permitting the Franchisee to collect
regular vegetative waste at the same time that residential solid waste is collected.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File✓
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: February 3, 2009
TO: Dent Pierce, Director
Public Works Division
ATTN.• Beth Leto, Assistant Director
Public Works Division
FROM: Pamela G. HandQ WD C.
At the January 28, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to the Franchise Agreement between
Monroe County and Waste Management, Inc., of Florida, permitting the Franchisee to collect
regular vegetative waste at the same time that residential solid waste is collected.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File✓
AMENDMENT TO FRANCHISE AGREEMENT
(Solid Waste and Recycling Collection)
TIAs Amendment to Franchise Agreement is made and entered into this ae - day
of gk 200 , between the BOARD OF COUNTY COMMISSIONERS OF
MONR OE COUN 1I' , FLORIDA, a political subdivision of the State of Florida, hereafter
"Franchisor," and WASTE MANAGEMENT, INC. OF FLORIDA, hereafter "Franchisee," in
order to amend the Franchise Agreement between the parties dated May 19, 2004, as amended
on August 17, 2005, (copies of which are incorporated hereto by reference).
WHEREAS, the parties have determined that it is to their mutual benefit and interest to
amend the Franchise Agreement to permit the Franchisee to collect Regular Vegetative Waste at
same time that Residential Solid Waste is collected;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Section 2.M. is hereby amended to read as follows:
"M. Containerized Residential Solid Waste Collection Service shall mean solid waste
collection service of all Dwelling Units whose Garbage, Rubbish, Bulk Trash or Vegetative
Waste is collected by means of a central or shared Container and not by means of a Garbage
Receptacle. Vegetative Waste may he commingled with Garbage, but not with Rubbish or Bulk
Trash."
2. Section 2.II. is hereby amended to read as follows:
"II. Residential Solid Waste shall mean Garbage, Rubbish, Bulk Trash and Vegetative Waste
resulting from the normal housekeeping activities of a Dwelling Unit. Vegetative Waste may be
commingled with Garbage, but not with Rubbish or Bulk Trash."
3. Section 2.RR. is hereby amended to read as follows:
"RR. Vegetative Waste — Regular shall mean any vegetative matter generated from the yard
and landscaping maintenance of the property of a Dwelling Unit and shall include materials such
as tree and shrub trimmings, grass clippings, palm fronds, small tree branches and other matter
usually produced as refuse in the care of lawns, landscaping and yards which shall not exceed
four (4) feet in length and/or 4" in diameter. Such waste shall be tied in bundles or placed in
containers which are susceptible to normal loading and collection as other Residential Solid
Waste. If containers are used, they shall meet or exceed the Franchisor specification for such
containers. No bundle or filled container shall exceed fifty (50) pounds in weight. Regular
Vegetative Waste may be commingled with Garbage, but not with Rubbish or Bulk Trash.
4. Section 4(A)(1) is hereby amended to read as follows
"(1) Conditions and Frequency of Service.
All curbside Residential Solid Waste and Regular Vegetative Waste shall be properly
containerized in Garbage Receptacles or otherwise prepared for collection. Regular
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Vegetative Waste does not need to be separated from Residential Solid Waste. No
filled receptacle or bundle shall exceed fifty (50) pounds in weight. (Regular vegetative
waste will be as defined in Section 2.RR). Curbside Residential Solid Waste and
Regular Vegetative Waste Collection Service, except for permitted holidays, shall be
provided twice per week with not less than forty -eight (48) hours or more than seventy -
two (72) hours between regularly scheduled pick -up days. Oversize vegetative waste
and bulk trash as defined in Section 2.SS. and 2.C. of the Collection Agreement shall be
picked -up by the Franchisee within seven (7) calendar days of the notification by the
resident of the Dwelling Unit. Oversize vegetative waste and bulk trash must be placed
at the usual accessible pick -up location."
5. Section 15 is hereby amended to read as follows:
"15. VEGETATIVE WASTE:
The Franchisee will collect Regular Vegetative Waste when collecting Residential Solid
Waste in accordance with section 4(A)(1). Vegetative Waste shall, however, be
collected separately from Commercial Solid Waste and Recyclable Materials. All tree
and shrub trimmings, grass clippings, palm fronds and all tree branches or other similar
loose waste shall be tied in bundles or placed in containers. Oversize Vegetative Waste
must be no more than six (6) feet in length and placed neatly at the curb." w v +v
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WHEREOF, the parties have hereunto set their hands and seal, the day and year
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISIONERS
OF MON FLORIDA
By:
Clerk Mayor /Chairman
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6. Section 19(A)(3)(d) is hereby amended to read as follows:
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"d. Commingling Solid Waste with Recyclable Materials,
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$100.00 per it!M96"
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7. In all other respects, the original agreement between the parties dated May `IA 2441,
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amended on August 17, 2005, remains in full force and effect.
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WHEREOF, the parties have hereunto set their hands and seal, the day and year
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISIONERS
OF MON FLORIDA
By:
Clerk Mayor /Chairman