3. 2nd Amendment 05/10/2017Amendment 2 to the Amended and Restated
Solid Waste and Recycling Collection Franchise Aareement
This Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection
Franchise Agreement dated May 21, 2014 is entered into this 1 O day of May, 2017 between Marathon
Garbage Services, Inc. ( "MGS ") 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 (Franchise Agreement) with four individual contractors (Franchisees)
whereby an annual Consumer Price Index for all urban consumers (CPIU) adjustment is allowed; and
WHEREAS, the Franchisee Agreement were amended September 21, 2016 by Amendment 1 in
order to specify that adjustments to the commercial disposal rate should be in accordance with CPIU
adjustment used in the Haul Out Agreement; and
WHEREAS, three out of the four Franchise Agreements uses the national CPI rather than the
local Miami \Ft. Lauderdale index; and
WHEREAS, some of the Franchisees have asked for their contract to be amended to use the
Miami /Ft. Lauderdale index and therefore this amendment is placed by the BOCC for consideration;
NOW THEREFORE, the parties hereby agree that paragraph S. B. is amended as follows:
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 initially based on the rates established in Exhibit II,
and as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive periodic
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 annual September billing period. 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 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.
(2) The adjustment to Residential collection shall be made in accordance with the percentage change in
the Miami /Ft. Lauderdale All Urban Consumers All Items Price Index for all urban consumers ( "CPIU ") for
the most recent (12) months available, end in February, but shall not exceed 2.5%. Residential
adjustments for the combined Residential Solid Waste and Recycling Collection shall be allowed as
follows:
Year 1, 3, 5, 6, 7- No CPI adjustment allowed
Years 2, 4, 8, 9, 10- up to a maximum 2.5% CPI adjustment allowed
Effective October 1, 2014, contingent upon Board of County Commissioner approval of the period and
annual rate adjustments, the Franchisee will receive! the specified CPI adjustment.
2. Except as amended herein and as amended by Amendment 1 dated September 21, 2016, the
original Franchise Agreement remain in full force and effect.
tEOF, each party has caused this Agreement to be executed by its duly authorized
the day and year first above written.
K, Clerk
Deputy Clerk 6/ 1 � / 1 7
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor
Ronald G. Konrath
President
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The foregoing instrument was acknowledged before me this ��day of j L IP 2017, by
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as identification.
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MONROE COUNTY ATTORNEY
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2 APPROVED AS TO ORM:
CHRIS IN M. LIMEI RT- BARROWS
ASSISTANT COYNTY ATTORNEY
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