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3rd Amendment 07/20/2022
GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 2, 2022 TO: Cheryl Sullivan, Director Solid Waste Department FROM: Liz Yongue, Deputy Clerk SUBJECT: July 20th BOCC Meeting Enclosed is a copy of the following item for your handling: U5 3rd Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement between Waste Management Inc. of Florida (WM) and Monroe County Board of County Commissioners. The extraordinary rate adjustment as requested by WM on June 15, 2022,increases the collection rate by$1.95 per unit per month to $21.92 per unit per month, effective August 1, 2022; and shall not be adjusted by the residential CPI for fiscal year 2022-2023. This Amendment also authorizes the Franchisee to charge a diesel fuel surcharge to commercial customers effective August 1, 2022,in an amount determined by the Solid Waste Department per the contract. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotulty Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Amendment 3 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement This Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21,2014 is entered into this 20th day of July 2022 between Waste Management Inc.of Florida ("WM")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 WM 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 Inc.of Florida, dated May 21, 2014(Haul Out Agreement)which utilized the Miami/Ft.Lauderdale CPI;and WHEREAS,the County entered into Amendment 2 to the Franchisee Agreement dated May 19, 2021 (Amendment 2)to revise the commercial rates to be uniform amongst the Franchisees and to revise notification provisions to commercial customers; and WHEREAS,on June 15, 2022,the BOCC considered WM's request for an extraordinary rate adjustment and diesel fuel surcharge and directed staff to move forward with the requested rate adjustment and allow for a periodic diesel fuel surcharge adjustment to be charged to commercial customers based upon the Franchisee's increased diesel fuel cost which will be reviewed by the Solid Waste Department staff on a quarterly,calendar basis; NOW THEREFORE,in consideration of the promises and the mutual obligations undertaken herein,the parties hereby agree that Exhibit II shall be amended to revise the Residential Collection Rates(per unit) as follows: 1. Exhibit Il shall be revised to adiust the Residential Collection Rates(per unit)for the Solid Waste Curbside Service(the Recycling rate remains unchanged as follows: Residential Collection Rates(per unit) Services Curbside Service Solid Waste $17.42 (2x/wk) Recycling $4.50 (ix/wk) 1 2. The Residential Collection Rates in Exhibit II,as revised in paragraph 1.above,shall be effective August 1,2022,and shall NOT be adjusted by the residential CPI for fiscal year 2022-2023(year 9 of the contract). 3. In accordance with paragraph H.-Diesel Fuel Surcharge of the Franchise Agreement, Effective August 1,2022,the County authorizes the Franchisee to charge commercial customers a periodic diesel fuel surcharge which will be based upon the Franchisee's increased diesel fuel cost above the"base fuel price".The Monroe County Board of County Commissioners authorizes and directs that the Solid Waste Department shall review the diesel fuel surcharge on a quarterly,calendar basis and adjust the periodic diesel fuel surcharge authorized to be charged to commercial customers based upon the Franchisee's increased diesel fuel cost for the previous quarter or until the fuel costs are at or below the"base fuel price",as defined in paragraph H. 4. The remaining terms of the Franchisee Agreement,as amended,remain in full force and effect. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized ,(E; •• -'resentative on the day and year first above written. � �� cP ,�.3� BOARD OF COUNTY COMMISSIONERS f EVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA _" q --'' IIIInn urier ` •',uty C(e'rk Mayor ".44"o9, ttes • Waste Management Inc.of Florida itA f By: By: Jame F. L mbros, i e r ident David Myhan,President MONROE COUNTY ATTORNEY �•� CJ"`' Cdlp PR 1R,fM CSTINE LIMBERT•BARROWS D CV Yw._ ASSISTANT COUNTY�22ORNEY ) 2 71T2 (MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 1/1/20239/2021 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 LOCKTON COMPANIES CONTACT NAME: LOCKTON COMPANIES PHONE FAX A/C No Ext: AC, C No): 3657 BRIARPARK DRIVE,SUITE 700 E-MAIL HOUSTON TX 77042 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Company 22667 INSURED WASTE MANAGEMENT HOLDINGS,INC.&ALL AFFILIATE INSURER B:Indernnity Insurance Co of North America 43575 1300299 RELATED&SUBSIDIARY COMPANIES INCLUDING: INSURER C:ACE Fire Underwriters Insurance Company 20702 WASTE MANAGEMENT OF THE FLORIDA KEYS INSURER D:ACE Property&Casualty Insurance Co 20699 143 TOPPINO INDUSTRIAL DRIVE INSURER E: ROCKLAND KEY FL 33040 INSURER F COVERAGES CERTIFICATE NUMBER: 17636802 REVISION NUMBER: XXXXXXX 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A X Y Y HDO G72492365 1/1/2022 1/1/2023 DAMAGE CLAIMS-MADE X OCCUR PREM SESOEa occurrDence $ 5,000,000 X XCU INCLUDED MED EXP(Any one person) $ XXXXXXX X 1SO FORM CGO0010413 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY I JE� I _z�,I LOC PRODUCTS-COMP/OP AGG $ 6,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y MMT H25550328 1/1/2022 1/1/2023 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ X'X'X'X'X'X'X' X, OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident X MCS-90 $ XXXXXXX D X UMBRELLA LIAB X OCCUR Y Y XEUG27929242 007 1/1/2022 1/1/2023 EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATION B AND EMPLOYERS'LIABILITY Y WLR C68918595 AOS) 1/1/2022 1/1/2023 X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLR C68918558(AZ,CA&MA) 1/1/2022 1/1/2023 E.L.EACH ACCIDENT $ 3,000,000 C OFFICER/MEMBER EXCLUDED? N N/A SCF C68918637(WI) 1/1/2022 1/1/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 3,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 3,000,000 A EXCESS AUTO Y Y XSA H25550286 1/1/2022 1/1/2023 COMBINED SINGLE LIMIT LIABILITY $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BYLAW. CERTIFICATE HOLDER IS NAMED AS AN A TnrnrrTCW A T TrrcT TV PTn CW A T T nnT T(-Trc/rxr,rn-r FOR WORKERS'COMP/EL)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. IrNT a � 22 == AL -S my CERTIFICATE HOLDER CANCELLATIC 17636802 MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 SIMON KEY WEST STREET ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATIOIT All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 07/01/2022 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 CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX 800-363-0105 Dallas TX Office (A/C.No.Ext): A/C.No.): 5005 Lyndon B Johnson Freeway E-MAIL p Suite 1500 ADDRESS: _ Dallas TX 75244 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Ironshore specialty Insurance Company 25445 Waste Management, Inc. INSURER B: 800 Capitol street Suite 3000 INSURER C: Houston TX 77002 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570094352370 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE ❑OCCUR PREMISES Ea occurrence APPROVED BY RISK MANAGEMENT MED EXP(Any one person) Bws' -- �1/��1"�.,., ",'" PERSONAL&ADV INJURY co GEN'L AGGREGATE LIMIT APPLIES PER: DATE8/15 2 02 2" GENERAL AGGREGATE C\I POLICY ❑PRO- co E ❑LOC WAVER NIA YES_ PRODUCTS-COMP/OP AGG 0 OTHER: ^o AUTOMOBILE LIABILITY COMBINEDt SINGLE LIMIT Ea acciden , ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident A UMBRELLA LIAB OCCUR IEELPLLCAs2F002 07/01/2022 07/01/2023 EACH OCCURRENCE $24,000,000 V X EXCESS LIAB X CLAIMS-MADE AGGREGATE $24,000,000 DED RETENTION WORKERS COMPENSATION AND PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT -_ A Env Site Liab ISPILLSCAs2J002 07/01/2022 07/01/2023 Each Incident Limit $1,000,000— Claims-Made Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Named Insured site Location: Monroe County Transfer station, 143 Toppino Industrial Drive Key West FL 33040. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the Pollution Legal Liability policy. N CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 305-2924432 USA y `rx ��'J� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD