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2. 2nd Amendment/1st Renewal 05/20/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: May 29, 2009 TO: Dent Pierce, Director Public Works Division A TTN: FROM: Beth Leto, Assistant Director Public Works Division db Pamela G. Hanc~c. At the May 20, 2009, Board of County Commilssioner's meeting the Board granted approval and authorized execution of an Amendment and! 1st Renewal of Franchise Agreement between Monroe County and Ted Carter Enterprises, Inc. dVb/a Keys Sanitary Service. Enclosed is a copy 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 AND 1 ST RENEWAL OF F CHISE AGREEMENT (Solid Waste and Recycling ollection) This Amendment and 1 st Renewal of Franchise Aigreement is made and entered into this 20th day of May , 2009, bet~een the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereafter "Franchisor," and TED CARTER ENTERPRISES, INC. D/B/A KEYS SANITARY SERVICE, hereafter "Franchisee," in ordtr to amend and renew the Franchise Agreenlent between the parties dated May 19, 2004, as amended on February 15, 2006, (copies of which are incorporated hereto by reference). WHEREAS, the parties have agreed to collaborate to help increase Monroe County's annual recycling rate to forty percent (40%) by 2014, and WHEREAS, the Franchisee has agreed to assist the County in capturing recycling numbers from commercial businesses that haul out their own recyclables, and WHEREAS, the Franchisee has agreed to annually purchase 18 gallon residential recycling bins for their service area, and to increase the franchise fee paid by the Franchisee to the Franchisor from 3% to 5% to fund a countywide recycling program consisting of County staff, public educational materials, brochures, and premiums, and WHEREAS, the Franchisor has agreed to provide the Franchisee with a diesel fuel surcharge adjustment on an annual in-arrears basis effective October I, 20 I 0, and every October 1 thereafter to reflect any changes in the cost of diesel fuel for the preceding year ending in February, and WHEREAS, the parties have determined that it is to their mutual benefit and interest to amend and renew the Franchise Agreement for Solid Waste and Recycling collection; 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: I. Section 1 - TERM, is hereby amended to read as follows: "1. TERM: The term of this Agreement shall be for the period beginning 12:01 AM October 1, 2009, and terminating 11:59 PM September 30, 2014, provided that the Franchisor shall have the option to extend the contract, upon mutually agreeable terms and conditions, for an additional five (5) year period, upon one hundred twenty (120) days written notice to the Franchisee prior to the expiration of the current term of this Agreement. " 2. Section 2(PP) is hereby amended, to correct the EjXhibit number listed for Special Services, as follows: ' "PP. Special Services shall mean any service~ requested or required by the customer which are in addition to, or a change in, R(esidential Solid Waste Collection Amendment & 1 st Renewal of Franchise Agreement Service, Residential Recycling Collection Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection I Service as set out or similar to those listed in Exhibit V." 3. Section 4(A)(2) is hereby amended, to correct the Exhibit number listed for Special Services. as follows: "(2) Accessibility All Residential Solid Waste to be collected shall be placed within six (6) feet of the curb, paved surface of the roadway, closest accessible right-of-way, or other such location agreed to by the Franchisee that will provide safe and efficient accessibility to the Franchisee's collection crew and vehicle. Enclosures for garbage receptacles shall be within six (6) feet of paved surface or right of way. Fixed or permanent enclosures shall have a street side opening for the removal of the garbage receptacle. Enclosures that do not have a street side opening $hall be limited to thirty-six (36) inches in height. For purposes of this Agreement, roadway or right-of-way means a road owned and maintained by the County, or a rdad on private property for which an easement has been granted to the public and such road is constructed and maintained to County road standards. Where th~ resident of a Dwelling Unit is physically disabled and unable to deliver Residential Solid Waste or vegetative waste to curbside and this is certified by the Contract Administrator, or the residential structure is located in such a manner as to provide non-accessibility to the Franchisee's crew or vehicle, an alternative location may be arranged between the custonler and the Franchisee at no extra cost to the customer. Tn the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up.. If the resident requests special services, these services shall be billed directly to t~e customer by the Franchisee in accordance with Exhibit V. Billing for these serviJces shall be reported in a fonnat prescribed by the Contract Administrator. In the event that a special service request is not listed in Exhibit V, charges for such services shall then be established through negotiations between the Franchisee and the customer. In the event the customer and the Franchisee cannot reach an agreement on the 'cost, the Contract Administrator will determine the cost." 4. Section 5(0)(1) is hereby amended to read as follows: "(1) Throughout the term of this agreement and any renewal period, the Franchisee will purchase at its expense, and at residential customers' request, supply to residential customers a sufficient number of 18 gallon Recycling Containers per year for use within the Service Area (limited to two (2) recycling containers per Residential Unit). Franchisee will also replace at its expense any Recycling Container damaged through the fault or negligence of the Franchisee or its employees." 5. The first paragraph of Section 6(B) is hereby amended to read as follows: I "B. Solid Waste and Recycling CoUection Rate tdjustments: Amendment & I st Renewal of Franchise Agreement 2 For all Collection services, the charges shall be initially based on the rates established in Exhibit II, and as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive an anntial adjustment in the Residential Solid Waste Collection Service, Commercial ! Recycling Collection Service, Commercial Solid Waste Collection Service and ~esidential Recycling Collection Service rates. The adj ustment shall be made I to the combined category of Residential Solid Waste Collection Service imd to Residential Recycling Collection Service and, separately to the combine~ category of Commercial Solid Waste Collection Service and Commercial Recy~ling Collection Service. At the end of the first year of this Agreement the adjustment might be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available, ending in February. Effective October 1, 2009, contingent upon Board of County Commission approval of the annual rate adjustment, the Frandhisee will receive, in additional to the annual CPI adjustment, an additional rate adjustment of $.98 per month per Residential Unit, $.10 per cubic yard for Commettcial Solid Waste Collection and $.10 per cubic yard for Commercial Recycling Container Collection." 6. Section 6(E) is hereby amended to read as follows: "E. Franchise Fee: To compensate for the cost of administration, supervision, inspection, and to fund a countywide recycling program, consisting of CQunty staff (labor, benefit and operating costs), public education materials, brochures, and premiums, rendered for the effective performance of this Agreement, the Franchisee shall pay to the Franchisor a fee of five percent (5%) of all gross revenues charged, collected or received arising out of any services or operations conducted in the Service Area. Commercial solid waste disposal costs, commercial recycling collection costs, commercial recycling processing costs, any revenue paid to the Franchisee as a result of the diesel fuel surcharge adjustment per section 6(F), and any credit card convenience fee received by the Franchisee from customers using credit cards, shall be deducted from the gross revenue total prior to applying the 5% for calculation of the franchise fee due to the Franchisor. Franchise fees shall be payable within forty- five (45) days of the last day of each calendar quarter." 7. Section 6(F) is hereby added to read as follows: "F. Diesel Fuel Surcharge: The Franchisor shall, on a yearly basis, pay the Ftanchisee a diesel fuel surcharge adjustment to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of ~e US Department of Energy ("EIAlDOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The, link is as follows: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp I The Franchisee shall submit to the Franchisor, no later than the 10th of the followi~g month, a report listing the total number of gallons and cost of diesel fuel purch~ed in the previous month and include copies of diesel fuel supplier invoices ~d individual service area truck Amendment & 1 st Renewal of Franchise Agreement 3 fueling tickets. The annual diesel fuel surchar~ adjustment shall be effective October 1, 2010 and every October 1 thereafter. A er determining the average price of diesel fuel from the aforesaid website ("EIA/D E fuel cost") for the immediately preceding 12 month period ending in February, the corresponding fuel cost modifier will be calculated pursuant to the following table, ~ased on Franchisee's total diesel fuel expenditures from March 1 to February 28/~9 of each year. Note that for adjustments not shown on the table, the calculation shall be extrapolated from those set forth: TABLE FOR FUEL SURCHARGFl CALCULATION Percent Percent of Average of Surcharge Price/Gallon Surcharge A v~ra ~e Price/Gallon $1.045 To $1.135 -10.00% $2.455 to $2.554 3.00% $1.136 To $1.226 -9.00% $2.55~ to $2.654 4.00% $1.227 To $1.31 7 -8.00% $2.655 to $2.754 5.00% $1.318 To $1.408 -7.00% $2.75S to $2.854 6.00% $1.409 To $1.499 -6.00% $2.85 S to $2.954 7.00% $1.500 To $1.590 -5.00% $2.95 S to $3.054 8.00% $1.591 To $1.681 -4.00% $3.055 to $3.154 9.00% $1.682 To $1. 772 - 3.00% $3 .15 ~ to $3.254 10.00% $1. 773 To $1.863 -2.00% $3.25p to $3.354 11.00% $1.864 To $1.954 -1.00% $3.355 to $3.454 12.00% $1.955 To $2.054 0.00% $3.455 to $3.554 13.00% $2.055 To $2.154 0.00% $3.555 to $3.654 14.00% $2.155 To $2.254 0.00% $3.65$ to $3.754 15.00% $2.255 To $2.354 1.00% $3.75, to $3.854 16.00% $2.355 To $2.454 2.00% $3.855 to $3.954 17.00% 8. Section 6(G) is hereby added to read as follows: "G. Convenience Fee: In addition to the Special Service Rates charged putsuant to Article 8 and Exhibit V, Franchisee may include a convenience fee charge on customers using a credit card to pay special service charges. The convenience fee $all be a "pass through" fee and will not exceed the fee charged by the customtt's credit card company to the Franchisee for the use and processing of the charge." 9. Section 8 is hereby amended to correct the Exhibit number listed tor Special Services, as follows: "8. SPECIAL SERVICES Amendment & 1st Renewal of Franchise Agreement 4 Rates charged for Special Services may not exceed the special services rates as listed in Exhibit V, and as subsequently adjusted Pwtsuant to this Agreement. The Franchisee shall receive an annual adjustment t~ the Special Services Rates in accordance with the percentage change in the Co~umer Price Index for all urban consumers (CPI-U) for the most recent 12 months ~vailable, ending in February.. In the event the requested special service is not ~ncluded within Exhibit V ~ the Franchisee may negotiate with the customer for th~ rate. Upon failure of the parties to reach an agreement on the rate, the Contract Ad$inistrator shall establish the rate. The Franchisee shall be responsible for billing abd collection of payment for all Special Services." 1 O. The third paragraph of Exhibit III titled '4Special Services" is hereby amended to read as follows: "SPECIAL SERVICES If a customer requests, the Franchisee may provide special services for the collection of Commercial Solid Waste such as rolling Contai~ers out of storage areas, opening doors or gates for access, or other such special services. However, such special services maybe provided by the customer, through ~ts own or other personnel. If the Franchisee provides special services, such chargesl must be separately stated under the "RATES FOR SERVICES" Disclosure State~ent. The maximum .for these special service rates are fixed by the Board. A copy of these rates can be obtained from the Franchisee or the Contract Administrat~r. A convenience fee imposed pursuant to Article 6(G) may be included in the cos~ of the special service.~~ 11. The second page of Exhibit III is hereby amended to read as follows: "RATES FOR SERVICES DISCLOSURE STATEMENT Franchise Name: Customer Name: Customer Address: Customer Phone #: Level of Service: Date of Agreement: Service Date: Begin: End: Item Cost of Collection of Solid Waste Cost of Disposal of Solid Waste Cost of Container Maintenance for Solid Waste Itemized Charges for Special Services Convenience Fee Total Monthly Cost THESE SERVICES ARE PROVIDED UNDER ~. FRANCHISE AGREEMENT REGULATED BY THE BOARD OF COUNTY CO MISSIONERS OF MONROE COUNTY. SHOULD YOU HA VE ANY QUESTIONS LATING TO THESE RATES, PLEASE CALL THE SOLID WASTE MANAGEME. T DEPARTMENT (305) 292- 4432." Amendment & 1 st Renewal of Franchise Agreement 5 12. Exhibit V Special Services is hereby amended to read ias follows: "EXHIBIT V SPECIAL SERVICES RATES DETERMINE BY THE FRANCHISOR Rolling Out Container (and returning $3.44 it to original location) Back Door Service (Residential Negotiable Curbside Only)* Opening (and closing) Doors or Gates $1.15 Locks for Containers $11.46 (one time) Charge for Replacement based on Cost + 10% Unlocking Containers $1.55 Supplying (and retrofitting) locking $68.77 Mechanism on container* * Adding wheels to or changing wheels No Charge on 1, 2, and 3 yard Containers only Moving Container Location (if $34.39 Feasible) Per Customer Request Adding lids to or changing lids on No Charge Containers Set up and Return Fees $28.65 Credit Card Convenience Fee Not to exceed fee charged by customer's credit card company *There will be no charge for those residents medically unable to bring solid waste or recyclables to curbside as delineated in Section 4. Back dbor service to all other customers may be offered by the Franchisee. I **Determination of necessity of locking mechanisms is b~ed on customer requirements." Amendment & 1 st Renewal of Franchise Agreement 6 13. In all other respects, the original agrcenlent between the parties dated May 10, 2004, as amended on Fehruary 15, 2006, rClllalns in full force and effect. KOLHAGE, CLERK BOARD OF COUNTY COMIVlISIONERS OF MONROE COUNTY, FLORIDA By: ~~~. 'oJ~5e.J-. Mayor/Chairman Witness By: Witness Title: ..,.. (_; 0 .::,.. . )> :5P:~ :::,::,) ~c.... r'J-'1 -c.: _~~~~~~.:!.:il ( ~ 0 ~ f.~;: ~: ~ o .--.. --.,; + >:-? ::c :'-'.. :-f )> """r1 C) .. Pl Amendment & 1 st Renewal of Franchise Agreement N 8 '-0 :z :bI -< N \0 " :c N. ... o .t:- ~ r- m o ..." o ~ ::0 ,.." (""') o ::0 o 7 �.m.u") TEDCART-N 1 JKC ,d►CO- 5/26/2009Y„) CERTIFICATE OF LIABILITY INSURANCE DATE(M �� 2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Exclusive Programs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE wvvw.exclusive ro rams.com HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p g. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 29-4170 Boca Raton,FL 33429-4170 INSURERS AFFORDING COVERAGE NAIC# INSURED Ted Carter Enterprises, Inc. dba Keys Sanitary INSURER A:Zurich American Insurance Co. Service INSURER B:Aequicap Insurance Company PO Box 345 INSURER C: Tavernier, FL 33070- • INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRI TYPE OF INSURANCE POLICY NUMBER ,DATE IMMIDDC/YYYYI DATE MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY GL05889284-04 4/19/2009 4/19/2010 DAMAGE TO(Ea RENTEDoccurence) $ �100 000 PREMISES CLAIMS MADE X OCCUR MED EXP(Any one 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 X POLICY P - LOC JECROT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X X ANY AUTO BAP3826721-07 4/19/2009 4/19/2010 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS - ,, .._, .- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY '-! _ . --. J- ---- - AUTO ONLY-EA ACCIDENT $ ANY AUTO - OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC07076221 3/31/2009 3/31/2010 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? Y 1 OO,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 500,000 SPECIAL PROVISIONS below _ E.L.DISEASE-POLICY LIMIT $ OTHER A Pollution Liability Limits BAP3826721-07 4/19/2009 4/19/2010 2,000,000 aggregate 1,000,000 per occur DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is additional insured on General Liaiblity,Pollution Liability&Auto with respect to operations performed by the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County Board of County DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN i Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Beth Leto IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1100 Simonton St REPRESENTATIVES. Key West, FL 33040- AUTHORIZED REPRESENTATIVE _ ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD