Loading...
3. 2nd Amendment 05/10/2017Amendment 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 1 O day of May, 2017 between 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 (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 Agreement 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 5. 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: It I 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. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized >trplative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS Attis I�Cf�VIADOK, Clerk OF MONROE COUNTY, FLORIDA Y Mayo Ke By Jo The foregoing instrument was acknowledged before me this a day of cr 2017, by J_pk , E . C alr4er .Sr • Who is (1 1"personally known to me or ( ) produced a driver's license as identification. , Notary Public - State of Florida My Comm. Expires Nov 16, 2011 e of o rz c o Q o v i o Go D �� Z rJ O N X: MONROE COUNTY ATTORNEY - APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSIST NT OUNT ATTORNEY Date � I I 2 TEDCARTE -1 JKC '4�� "" CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 4/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (888) 401 -4774 c NT ACT William F. Comiskey Jr. CIC Exclusive Programs, Inc. www.exclusiveprograms.com PO Box 29 - 4170 PHONE 888 -401 -4774 FAx . No : 888 -465 -0444 e n No, Ext : n/c coi @exclusiveprograms.com INSURERS AFFORDING COVERAGE NAIC # Boca Raton, FL 33429 - 4170 INSURERA:Arch Specialty Insurance Company 21199 INSURED Ted Carter Enterprises, Inc. dba Keys Sanitary Service INSURER B :Zurich. 16535 INSURERC:Firemans Fund 39500 PO Box 345 Tavernier, FL 33070 INSURER D ; MED EXP (Any one person) INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RFVICIOU ut "car -D• THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS - MADE ❑X OCCUR y N AGL0012259 - 03 4/19/2017 4/19/2018 EACH OCCURRENCE 1 1 000 , 000 DAMAGE TO RENTED 100,000 MED EXP (Any one person) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F PEST LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/Op AGG $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY BINED CO a coW." SINGLE LIMIT $ 1,000,000 BODILY INJURY Per person) $ ANY AUTO AIUT�O�S ONLY X AUTO y N BAP 9460327 - 01 4119/2017 4/19/2018 BODILY INJURY Per accident X pDW AU ONLY X A�TOS ONLY X Rear End Loader Ti Perr acaJen PIP Limit 10,000 UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER/D(ECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- E. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ C Business Auto Y N MXA80325185 4119/2017 4/1912018 Company Vehicles 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate Holder is additional insured on General Liaiblity, Pollution Liability & Auto with respect to operations performed by the insured. 4 ENENT N CERTIFICATE HOLDER CANCFI I ATinN ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040- 2w~ &6"Oe4Ae'v, figZ. ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD