2. 3rd Amendment 09/16/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
Septelnber 25, 2009
TO:
Dent Pierce, Director
Public Works Division
A TTN:
Beth Leto, Assistant Director
Public Works Division
FROM:
Isabel C. DeSantis, D. C.
At the September 16, 2009, Board of County Commissioner's meeting the Board
approved the following:
Amendment to the Franchise Agreement with Ted Carter Enterprises, Inc. d/b/a Keys
Sanitary Service, in order to permit the Franchisee to collect regular vegetative waste at the same
time that residential solid waste is collected.
Exhibit II for all four (4) existing franchise contracts (Waste Management of Florida, Inc.,
Marathon Garbage Service, Inc., Key Sanitary Service and Ocean Reef) to reflect Fiscal Year
2009/2010 residential and commercial collection rates.
Exhibit V for all four (4) existing franchise agreements concerning fees for "Special
Services. "
Enclosed is a fully-executed duplicate original of the Amendment and photo copies of the
exhibits 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)
M
-1~h ~ent to Franchise Agreement is made and entered into this / (p - day
of Wii 'P. , 2009, between the BOARD OF COUNTY COMMISSIONERS OF
MONR 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 order to amend the Franchise Agreement between the parties dated
May 19, 2004, as amended on February 15, 2006, and renewed on May 20, 2009, (copies of
which are incorporated hereto by reference).
WHEREAS, the parties have detennined 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. V egetative Waste may be commingled with Garbage, but not with Rubbish or Bulk
Trash."
2. Section 2.11. 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)(I) 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:
6. Section 19(A)(3)(d) is hereby amended to read as follows:
The Franchisee will collect Regular Vegetative Waste when collecting Residential Solid
Waste in accordance with section 4(A)(I). Vegetative Waste shall, however, be~
collected separately from Commercial Solid Waste and Recyclable Materialsi5AIfj1rees
and shrub trimmings, grass clippings, palm fronds and all tree branches or o~ ~ar ~
loose waste shall be tied in bundles or placed in containers. Oversize V egetati~~te ~
must be no more than six (6) feet in length and placed neatly at the curb." :::: U1
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"d. Commingling Solid Waste with Recyclable Materials,
C&D Materials or other waste material:
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$100_00 per incident"
7. In all other respects, the original agreement between the parties dated May 19, 2004, as
amended and renewed, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BY:~C. ~
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
BY:/J.-~ Lc n~,~
Mayor/Chairman
Witness
Witness
MONROE COUNTY ATTORNEY
A pOP f~' ,...., ...... .t;;. ~-.Cl C' 0 R M .
~~'rf1l/l~J
CHRISTINE M. LI~1bEHT-BARROWS
ASSISTA~Y COU~Y ATTORNEY
Date J J J tJ
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