3. 4th Amendment 07/20/2022 edq GOUgp®
tS ...,,....��t Clerk of the Circuit Court& Comptroller—Monroe County, Florida
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November 1 t, 2022
: Clicryl Sullivan, Senior Specialist
Solid Waste Department
Pamela G. anco • .C.
July 20' BOCC Mee6ng
Enclosed is an electronic copy of tlic following item for your liandling:
C26 ttli Amendment to die Amended and Restated Solid Waste and Recycling
Collection Francliise Agreement between Marathon Garbage Senices, Inc. and Monroe County
Board of`County Commissioners. Tlie extraordinary rate adjustment as requested by MGS on
June 15, 2022, increases die collection rate by $2.45 per unit per mondi to $21.31 per unit per
montli, elfec&e August 1, 2022 and sliall not be adjusted by die residential CPI for fiscal year
2022-2023. Tins amendment also audiorizes the francliisee to cliarge a diesel fuel surcliarge to
commercial customers effective August 1, 2022 in an amount determined by die Solid Waste
Department per the contract.
Sliould you leave any questions please Feel Free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 8770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Amendment 4 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 201h day of July 2022 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 dated May 21,2014(Franchise Agreement)with MGS 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 MGS'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 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 $16.97 (2x/wk)
Recycling $4.34 (lx/wk)
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2. The Residential Collection Rates in Exhibit U,asrevised in paragraph l.abmve shall beeffective
August 1, 2022,and shall NOT be adjusted by the residential CPI for fiscal year 2022-2023(year 9 of the
contract).
3. )n accordance with paragraph H, Diesel Fuel Surcharge cd 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 forthepreviousquarterorunti|thefue|costsaneatorbe|owthe^basefue|
price"'as defined in paragraph H.
4. The remaining terms of the Franchisee Agreement,as amended, remain in full force and effect.
ITNESS WHEREOF,each party has caused this Agreement tobe executed by its duly authorized
r ntative on the day and year first above written.
BOARD DF COUNTY COMMISSIONERS
pu,vucm Mayor
Attest: Marathon Garbage Services, Inc.
Taylor KonogkTreasurer Ronald G. KonoKh
President
wvNRv COUNTY^nomNE,
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