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3. 4th Amendment 07/20/2022 E.: •... ...• < Clerk of the Circuit Court& Comptroller—Monroe County, Florida CBV� November 14, 2022 : Cheryl Sullivan, Senior Specialist Solid Waste Department Painela G. Hancock . 7.C. SUBJECT: July 20' BOCC Meeting Enclosed is an electronic copy of die following item for your handling: U4 4dh Amendment to die Amended and Restated Solid Waste and Recycling Collection Franchise Agreement between Keys Sanitary Service (KSS) and Monroe County Board of County Commissioners. The extraordinary rate adjustment as requested by KSS on June 15, 2022, increases die collection rate by $2.39 per unit per nhondh to $21.32 per unit per mondi, ell'ective August 1, 2022; and shall not be adjusted by die residential CPI for Fiscal Year 2022- 2023. 'I,lhis amendment also authorizes the franchisee to charge a diesel fuel surcharge to commercial customers ellective August 1, 2022, in an aniount determined by die Solid Waste Department per die contract. Should you have any questions please lecl free to contact nhe at (30.5) 292-3550. cc: County 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 4 to the Amended and Restated Solid Waste and Rey fcl'ing 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 201h day of July 2022 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,the County entered into Amendment 2 to the Franchisee Agreement dated May 10`" 2017 (Amendment 2) to revise the agreement to allow for the CPI rate adjustments to utilize the Miami/Ft. Lauderdale CPIU rather than the national CPIU; and WHEREAS,the County entered into Amendment 3 to the Franchisee Agreement dated May 19, 2021 (Amendment 3) 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 KSS' 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 II shall be revised to adjust the Residential Collecttiion..Rates(per unit) for the Solid Waste Curbside Service (the Recycling rate remains unchanged) s follows: ani=cd a. Residential Collection Rates(per unit) Services Curbside Service Solid Waste $16.99 (2x/wk) 1 Recycling 4.33 - — (lx/wk) 2. The Residential Collection Rates in Exhibit 11, 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. NESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized e tative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS 'VIN MADOL, r,—,,, OF MONROE RID By: eputy Clerk Mayor Attest: Keys Sanitary Serv' By: ecr ary 0 n Edwin Carter J President MONROE COUNTY ATTORNEY & APPR �EDASTO q Aa=MU12L,0 CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE 2 TEDCARTE-1 JKC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/9/2022 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 (888)401-4774 CONTACT William F. Comiskey Jr. CIC Exclusive Programs,Inc. �a"/ON o,EXt):8884014774 /c,No):8884650444 www.exclusiveprograms.com E-MAIL COI@EXLCUSIVEPROGRAMS.COM PO Box 29-4170 ADDRESS: Boca Raton,FL 33429-4170 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hallmark Specialty Insurance Company INSURED Ted Carter Enterprises,Inc. dba Keys Sanitary Service INSURER B:Hudson Insurance Group 25054 PO Box 345 INSURER C:MCIM 10998 Tavernier,FL 33070 INSURER D: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR G094030362 4/19/2022 4/19/2023 DAMAGE TO RENTED 100�� Y N PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ Included OTHER: $ B AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT 1,000,000 Ea accident $ ANY AUTO Y N GT0000568-02 4/19/2022 4/19/2023 BODILY INJURY Perperson) $ OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ PIP LIMIT $ 10,000 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER WC100-0017533-2022A 4/29/2022 4/29/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Specialty hauler license Certificate Holder is additional insured on General Liability&Auto with respect to operations nerformed by the insured. By— CERTIFICATE HOLDER CANCELLATION l t - . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Mary Marks 1100 Simonton St., Room#2-231 Key West, FL 33040- AUTHORIZED REPRESENTATIVE ,r ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD