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3. 3rd Amendment 06/16/2021 CIN Kevin Madok, CPA 'v; . «' Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: June 29, 2021 TO: Cheryl Sullivan, Senior Specialist Solid Waste Department FROM: Pauela G. Hanc C. SUBJECT: June 16" BOCC Meeting Attached are the following documents 1br your handling: C3 3rd Amendment to die Amended and Restated Solid Waste and Recycling Collection Franchisee Agreements with Marathon Garbage Services, Inc., and Keys Sanitary Services.These amendments will increase die commercial rates to be uniform in the County as directed by die Board of County Commissioners at its April 21, 2021 meeting. Should you have any questions, please feel free to contact me at (305) 292-35.50. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Amendment 3 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement This Amendment 3 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 is entered into this 19" day of May 2021 between Ted Carter Enterprises, Inc dba 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 dated May 21, 2014 (Franchise Agreement)with KSS for the period of October 1, 2014 to September 30, 2024; and WHEREAS,the County entered into Amendment 1 to the Franchise Agreement dated September 21, 2016 (Amendment 1)to adjust the Consumer Price Index(CPI)from the CPI for All Urban Consumers (CPIU)to the Miami/Ft. Lauderdale Urban Consumers All items Price Index so that the rate adjustments would correspond to the Amended and Restated Haul Out, Operation and Maintenance Agreement with Waste Management of Florida, Inc. dated May 21, 2014 (Haul Out Agreement)which utilized the Miami/Ft. Lauderdale CPI; and WHEREAS, Waste Management of Florida, Inc., Marathon Garbage Services, Inc., and KSS requested for their commercial rates in their Franchise Agreements to be uniform and to be increased to the commercial rates as set forth in the Ocean Reef Club Franchise Agreement; and WHEREAS, on April 21, 2021,the Board of County Commissioners considered the request of the 3 Franchisees and directed for staff to proceed with implementing uniform commercial rates at the higher Ocean Reef rates and therefore as directed this Amendment 2 to the Franchise Agreement is presented for approval with those uniform rates as set forth in Exhibit II; and WHEREAS,the Franchisees are currently required to provide commercial customers with written notice of a potential rate change in its annual September billing, but in order for the written notice to coincide with the commercial rates adoption process by the Board of County Commissioners and to provide notice of rate changes to commercial customers,the language is being revised so the written notice to commercial customers will be provided after the adoption of the tentative commercial rates and will include the date of the public hearing in which the final commercial rates will be adopted; NOW THEREFORE, in consideration of the above premises and the mutual obligations undertaken herein,the parties hereby agree that paragraph 5. B. (1) is amended as follows (the changes are noted in tFikethF, Ugh te)Et for deleted language and in underlined text for added language): 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 iRitially based on the rates established in Exhibit II, and as subsequently adjusted pursuant to this Agreement.The Franchisee shall receive periodic 1 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 next billing period after the tentative rates are adopted by the Board of County Commissioners and shall Include the date of the Public Hearing In which the final commercial rates will be adopted.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 rates as set forth in Exhibit II shall be effective October 1,2021 and shall be adjusted thereafter as set forth in the agreement through the period of September 30,2024. A1NWITNFS$1(�iEREOF,each partyhas caused thisby' duly T s n Agreement to be executed its authorized w fv represet Jrn the day and year first above written. (SEAL) t, - ' BOARD OF COUNTY • i. • • Attest:KettliWADOK,Clerk OF MO : •:. ,FFRI RIDA By:�r^^-,nw.� By: ������� [t 1 As Deputy Clerk 6 ( ( 6 f 2i Mayor Attest: Keys Sanitary Service By: t Secretary Jo nEdwi rter Jr. Preside MONROECOIMIY ATTORNEY N 1Jfl1V .f Ty-/T.nna10 CNR1511NE LINRERT.BARROWS ASSIS ANTC6MTY ATEORNYY DATE 6/10/21 C0 a . r)r Ky — ca 2 o c) EXHIBIT II APPROVED RATE SCHEDULE KEYS SANITARY SERVICE FY 2021-2022 Approved Rates Residential Collection Rates (per unit) Services Curbside Service Solid Waste $ 14.60 (2x/wk.) Recycling $ 4.33 (lx/wk.) Commercial Solid Waste and Recycling Solid Waste Collection Rate (Non-compacted Dum sters/Containers $8.39 per cubic Recycling Container Collection Rate $8.39 per cubic Solid Waste Compacted Collection Rate Per Cubic Yard $22.71 per cubic MONTHLY CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism 1 YD $20.06 2YD $22.79 3YD $25.64 4YD $26.05 6YD $28.87 8YD $31.71 RECYCLING CONTAINERS 32 gal. $1.89 90 gal. $5.19 64 gal. $3.78 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. 3 Franchise Area's 1,2,3, 4 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 a) CAN PICKUP RATE Collection SCHEDULE Increase 1.40% Disposal Increase 1.40% No. of Number of Pickups Per Week cans* Rate Element 2 3 4 5 6 2 COLLECTION 22.87 34.16 45.54 56.98 68.35 DISPOSAL 27.56 41.25 55.04 68.84 82.60 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 50.43 75.41 100.58 125.82 150.95 3 COLLECTION 34.16 51.16 68.35 85.38 102.59 DISPOSAL 41.25 61.89 82.60 103.25 123.89 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 75.41 113.05 150.95 188.62 226.48 4 COLLECTION 45.54 68.35 91.17 113.95 136.81 DISPOSAL 55.04 82.60 110.59 138.25 165.87 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 100.58 150.95 201.76 252.20 302.68 5 COLLECTION 56.98 85.38 113.95 142.36 202.05 DISPOSAL 68.84 103.25 138.25 172.04 206.45 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 125.82 188.62 252.20 314.39 408.50 6 COLLECTION 68.35 102.59 136.81 202.05 198.63 DISPOSAL 82.60 123.89 165.87 206.45 240.12 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 150.95 226.48 302.68 408.50 438.75 *Based on 32 gallon cans Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Key Sanitary, Ocean Reef 2021/22 b) CONTAINERIZED PICKUP RATE SCHEDULE Container Number of Pickups Per Week Size Rate Element 1 2 3 4 5 6 7 1 COLLECTION 56.59 95.11 134.24 170.84 208.21 245.90 549.58 4 DISPOSAL 42.44 87.12 130.68 174.24 217.81 261.37 304.94 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 99.03 182.24 264.92 345.08 426.02 507.27 854.52 2 COLLECTION 95.11 168.99 243.21 317.18 388.59 459.87 531.18 DISPOSAL 87.12 174.24 261.37 348.47 435.60 522.75 609.84 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 182.24 343.23 504.58 665.65 824.19 982.62 1141.02 3 COLLECTION 134.24 243.21 353.03 459.81 566.80 673.82 780.65 DISPOSAL 130.68 261.37 392.04 522.74 653.43 784.11 914.79 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 264.92 504.58 745.08 982.55 1220.23 1457.93 1695.44 4 COLLECTION 170.84 317.18 459.81 602.55 637.82 887.70 1,030.43 DISPOSAL 174.24 348.47 522.74 696.98 871.23 1,045.47 1,219.72 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 345.08 665.65 982.55 1299.53 1509.04 1933.17 2250.15 6 COLLECTION 245.90 459.87 673.82 887.70 1,101.64 1,315.58 1,529.47 DISPOSAL 261.37 522.75 784.11 1,045.47 1,306.83 1,564.12 1,829.59 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 507.27 982.62 1457.93 1933.17 2408.47 2879.70 3359.06 8 COLLECTION 317.18 602.55 887.70 1,173.03 1,458.29 1,707.63 1,986.91 DISPOSAL 348.47 696.98 1,045.47 1,393.98 1,742.49 2,090.97 2,439.46 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 665.65 1299.53 1933.17 2567.00 3200.78 3798.60 4426.37 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of$8.39 per cubic yard and a processing fee of$1.09 per cubic yard;there is no disposal fee for recycling services. Monthly charges will depend on the specific level of service. 5 TEDCARTE-1 JK CERTIFICATE OF LIABILITY INSURANCE =412812021 DD/YYYY) f, 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 COO 4CT William F. Comiskey Jr. CIC NA Exclusive Programs,Inc. PHONE Fxt) 888- 01-4774 FAX Ne). 8-465-0444 www.exclusiveprograms.com A DRESS: COI XCLU IVEP OGRAMS.COM PO Box 29-4170 - - - - - Boca Raton,FL 33429-4170 (. _INSURER(S)AFFORDING COVERAGE -- , -- NA,IC# -- _ f INSURERA,Hallmark Specialty Insurance Company INSURED Ted Carter Enterprises, Inc. INSURER B:Hudson Insurance Group 25054 ey's Sanitary Service INSURER C: CI 110998 PO Box 345 INSURER D Tavernier, FL 33070 INSURER E: _ INSURER F: _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER., 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 �ADDL SUBR< POLICY EFF POLICY EXP r TYPE OF INSURANCE POLICY NUMBER I LIMITS - - A X COMMERCIAL GENERAL LIABILITY _ r $ 1,000,000cOCCUR 100,000cLalMs-MADE X DnM �rT7 RENTED Y N G09403036-1 4/19/2021 4/19/2022 PREMISES�fEa ourrrcei . —— MED EXP(Any one person) 10,000 _ ,approved Risk M n ger ent PERSONAL a aDv INJURY 1,000,000 OCN`d AGGREGATE LIMIT APPLIES PER: GENERAL,AGGREGATE $ 2,000,000 j POLICY�I JE° ❑ LOC ' " Included PRODUCTS COMPIOP AGG Ell 01 HER: B AUTOMOBILE LIABILITY -17- 0 1 COrvlWNv D SIFJGLf I.MO' -_1,000,000 ire arcade+ill S r I ANY AUTO Y N GT0000568-01 4/19/2021 4/19/2022 BODILY INJURY(Per"person} S OWNED v SCHEDULED AUTOS ONLY X AUTOS BODII Y INJURY(Per accident) 5 X Ali"S ONLY X A 3�'ftlNdF V (Per Pc giJL:a41AGL $ PIP LIMIT S 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS MADE AGGREGATE b DED RETENTION$ C 'WORKERS COMPENSATION X PEFt OTH- ER AND EMPLOYERS'LIABILITY YIN $TATL)TE ER � � WC100-0017533-2021A 4/29/2021 j 4/29/2022 1 11000,000 ANY PROPRIE B RIPAR EXCLUDED 1 ._ � NIA N E L EACH ACCIDENT $ z�FF°OERlMEME3ER EXCLUDED? -- - (Mandatory In NH) E 1. DISEASE EA FMPL.OYE41 $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S Y I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is additional insured on General Liaiblity&Auto with respect to operations performed by the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton St Key West, FL 33040- AUTHORIZED REPRESENTATIVE - t ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ____"44 TEDCARTE-1 JKC CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 66.� 4128P2021 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 ( CO CT William F. Comiskey Jr. CIC Exclusive Programs,Inc. HONE Ext} 888-401-4774 FAX(AfC N�y. ..._._ .........888 465-0444 _ www.exclusiveprograms.com t&1kSS:C0I@EXCLt1SIVEPROGRAMS.COM PO Box 29-4170 Boca Raton,FL 33429-4170 INSURER(S)AFFORDING COVERAGE NA1C# INSURER A,Hallmark Specialty Insurance Company INSURED Ted Carter Enterprises, Inc. INSURER B:Hudson Insurance Group 25054 Key's Sanitary Service INSURER..0:MCIM 110998 _.—._ PO Box 345 INSURER D: _ Tavernier, FL 33070 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; 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 ADDL SUBR POLICY EFF POLICY EXP LTR _ TYPE OF INSURANCE POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 7X OCCUR DAMAGE TO RENTED 100,000 Y N G09403036-1 411912021 4/19/2022 _PREMISES..jEa occurrence} .i_$ _.MED EXP_(Any one pers n i 10'��� --— _,_. _, .,__PERSONAL&ADVINJURY r$,_ 1,000,000 _ Approved Risk Management 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- ❑ Included X POLICY LOC PRODUCTS COMP/OP AGG $ — OTHER: I B AUTOMOBILE LIABILITY 6-1 7-2021 COMBINED SINGLY LIM11 1,000 000 (€�a accidenll ? '. ANY AUTO Y N 'GT0000568-01 4/19/2021 4/19/2022 _BODILY INJURY(Per person) j_$_____ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident)1 X H[i X N<3N-QSWNED PROPERTY DAMAGE Al! OS ONLY A Fri L}NI_Y (Per aeca en€l $ PIP LIMIT j 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $. DED RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN X $TATUTF 1 EORH ANY PROPRIETOR/PARTNER/EXECUTIVE N iWC100-0017533-2021A 4/29/2021 4/29/2022 E L EACH ACCIDENT $. 1,000,000 yGMCER/MEMBER EXCLUDED? ,:N/A 1,000,O 11 OU aFFIrrdatory in NH) E I. DISEASE.-EA EMPLOYE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ Y DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be a8ac#rood If more space is required) Certificate Holder is additional insured on General Liaiblity&Auto with respect to operations performed by the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton St Key West, FL 33040- AUTHORIZED REPRESENTATIVE wow j?0MA&fAw, fik. ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD