2nd Amendment 09/17/2003DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: November 26, 2003
TO: Carol Cobb, Executive Assistant
Solid Waste Management Division
FROM: Pamela G. Hanco
Deputy Clerk
At the September 17, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of the Second Amendment to Recyclables Operation
Agreement between Monroe County and Waste Management, Inc., with changes, in accordance
with Section 6.01 of the Agreement for a period of five (5) years.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
Public Safety w/o document
County Attorney
Finance
File J
SECOND AMENDMENT TO RECYCLABLES OPERATION AGREEMENT
THIS 9COND AMENDMENT TO RECYCLABLES OPERATION AGREEMENT is entered
into this � day of , 2003, by and between Monroe County, a political
subdivision of the State of Florida, ( "County "), and Waste Management Inc. of Florida,
a Florida corporation, ( "Operator ").
WHEREAS, on October 1, 1998, the parties entered into that certain
Recyclables Operation Agreement (the "Agreement ") for the processing,
transportation and marketing of recyclables; and
WHEREAS, on September 8, 1999, the parties entered into that certain
Amendment to Recycling Agreement which granted a license to Operator for certain
office space; and
WHEREAS, the parties have determined that it is to their mutual benefit and
interest that the term of the Agreement be modified and extended and that other
modifications be made;
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. All capitalized terms shall have the meanings given them in the
Agreement unless specifically noted or the context of usage requires otherwise.
2. The definition of "Recyclables" and "Recyclable Material" set forth in
Article I is deleted and replaced with the following:
"Recyclables" or "Recyclable Material" means those materials which are
capable of being recycled and which would otherwise be disposed of as solic,
waste. Such Recyclables are (i) newsprint, (ii) old corrugated containers
("OCC "), (iii) office paper, (iv) mixed paper, (v) magazines, (vi) phone boo.�S,
(vii) mixed plastics, (ix) aluminum cans, (x) steel cans, (xi) scrap metal, (xi')
tires, and other items that the Operator and County mutually agree in writing
are Recyclables.
3. Sec. 2.01(c) is deleted and replaced with the following:
Glass (green, amber, flint and other types) is not a Recyclable for purposes of
this Agreement and Operator shall have no obligation to load, transport, sort
or dispose of some or perform other functions or activities connected
therewith. However, the County may choose to utilize the Recyclable Facility
Sites for handling glass at its sole cost and expense.
4. Sec. 2.06 (c) is deleted and replaced with the following:
Transfer of Materials Transfer of Recyclables from Recyclables
Facility Sites is not required to be "material specific ".
5. Sec. 2.06 (d) is deleted and replaced with the following:
Rebates for Sale of Materials No rebates for sale of materials shall be
paid by Operator to County. Operator shall retain all revenues.
6. Sec. 3.01 is deleted and replaced with the following:
Effective October 1, 2003, The County shall pay to the Operator a
Processing Fee per ton of Recyclables as set forth in Schedule A. On October
1, 2004, and each October 1 throughout the term of this Agreement, the
Processing Fee shall be adjusted based on the percentage change in the
Consumer Price index for Miami -Ft. Lauderdale - All Items- All Urban Wage
Earners and Clerical Workers, published by the United States Department of
Labor, Department of Labor Statistics for the previous August 31 - July 1
period.
7. The last paragraph of Sec. 3.03 is deleted.
8. Sec. 3.04 is deleted.
9. Sec. 6.01 is deleted and replaced with the following:
Term Unless sooner terminated in accordance with the terms
hereof, this Agreement shall commence on October 1, 1998, and continue until
September 30, 2008. This Agreement shall automatically renew on the same
terms and conditions for consecutive five year periods unless either party shall
give notice of non - renewal to the other no sooner than 180 days and no later
than 90 days prior to the end of the then current or any renewal term.
10. Schedule A is deleted and replaced with the Schedule A annexed hereto
and made a part hereof.
MONROE COUNTY ATTORNEY
PPRO D. S RM:
ROS LPE
CHIEF AS 1 7AN 9FTS�0
Date J
11. Except as provided in this extension agreement, in all other respects
the terms
and conditions of the original Agreement remain in full force and effect.
�FN WITNESS WHEREOF, the parties hereto have set their hands and seals the
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c
e first above written.
BOARD OF COUNTY COMMISSIONERS
KO RAGE, CLERK OF MONROE COUNTY, FLORIDA
B ; �L •L�l� `��7c
�—
y f lerk Mayor/ Chairperson
MONROE COUNTY ATTORNEY
PPRO D. S RM:
ROS LPE
CHIEF AS 1 7AN 9FTS�0
Date J
(SEAL)
ATTEST:
m Ay v
WASTE MANAGEMENT INC. OF FLORIDA
SCHEDULE A
The Processing Fee for all Recyclables is $56.00 per ton commencing October 1, 2003.
The Processing Fee is subject to adjustment for CPI changes as set forth in Sec. 3.01.