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Item C20 C20 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: C20 2023-2837 BULK ITEM: Yes DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan AGENDA ITEM WORDING: Approval to Enter into Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste Management of Florida, Inc. for an additional 5-year period, for a term of October 1, 2024, through September 30, 2029, for solid waste collection services and authorization to exercise the exemption from competitive bidding provisions for solid waste services. ITEM BACKGROUND: The County entered into the Restated and Amended Recyclables Disposal and Operations Agreement (Agreement) on May 21, 2014. The Agreement allows for an extension for an additional five (5)year period. WM has agreed to extend the Agreement for an additional 5 year period with an adjustment to the operation and disposal fee, and a revision to the Consumer Price Index (CPI) adjustments. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Restated and Amended Recyclables Disposal and Operations Agreement (Agreement) on May 21, 2014 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: See attached extension and amendments. 638 STAFF RECOMMENDATION: Approval DOCUMENTATION: 8-13-2024 (06) RATE EXHIBIT ll.pdf 8-13-2024 (01) Final Proposed Franchise WM Contract Second Extension Amendment to the Solid Waste and Recycling Collection Franchise Agreement CLEAN version (002).pdf FINANCIAL IMPACT: Effective Date: 10/1/24 Expiration Date: 9/30/29 Total Dollar Value of Contract: Based upon rates as set forth in the contract Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: Solid Waste Enterprise Fund CPI: Yes, as set forth in the contract Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes- updated COI's provided after approval. Additional Details: 639 RESOLUTION NO. -2024 A RESOLUTION ADOPTING THE TENTATIVE PER MONTH SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICE RATES FOR COMMERCIAL PROPERTY IN THE VARIOUS SOLID WASTE COLLECTION FRANCHISE AREAS FOR FISCAL YEAR 2024/25. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, as follows: Section 1. Pursuant to the solid waste collection agreements entered into between the County a: Franchisor and the solid waste collectors as Franchisees, the solid waste service rates for commercial property, as defined in Sec. 21-46, Monroe County, are hereby adjusted in each district, on a per month basis as follows: Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Keys Sanitary, Ocean Reef 2024/25 CAN PICKUP RATE SCHEDULE Number of Pickups Per Week No. of Rate 32 gal cans* Element 2 3 4 5 6 2 COLLECTION $ 32.77 $ 48.96 $ 65.27 $ 81.67 $ 97.97 DISPOSAL $ 36.39 $ 54.47 $ 72.67 $ 90.90 $ 109.06 RECYCLING- $ 4.37 $ 6.54 $ 8.72 $ 10.91 $ 13.09 3 COLLECTION $ 48.96 $ 73.33 $ 97.97 $ 122.37 $ 147.04 DISPOSAL $ 54.47 $ 81.72 $ 109.06 $ 136.33 $ 163.58 RECYCLING- $ 6.54 $ 9.81 $ 13.09 $ 16.36 $ 19.63 4 COLLECTION $ 65.27 $ 97.97 $ 130.66 $ 163.32 $ 196.08 DISPOSAL $ 72.67 $ 109.06 $ 146.02 $ 182.53 $ 219.00 RECYCLING- $ 8.72 $ 13.09 $ 17.52 $ 21.90 $ 26.28 5 COLLECTION $ 81.67 $ 122.37 $ 163.32 $ 204.04 $ 289.59 DISPOSAL $ 90.90 $ 136.33 $ 182.53 $ 227.16 $ 272.59 RECYCLING- $ 10.91 $ 16.36 $ 21.90 $ 27.26 $ 32.71 6 COLLECTION $ 97.97 $ 147.04 $ 196.08 $ 254.90 $ 331.38 DISPOSAL $ 109.06 $ 163.58 $ 219.00 $ 272.59 $ 317.13 RECYCLING- $ 13.09 $ 19.63 $ 26.28 $ 32.71 $ 38.06 •Based on 32-gallon cans •Solid Waste service may be available in either 64-gallon or 96-gallon Carts provided by franchisee at an equivalent rate per cubic yard. Monthly cart rental is$5.00 for each 32-gal&64-gal cart and$10.00 for each 96-gal cart. Recycling must be in carts, not cans. Recycling is subject to a Processing Charge at a rate of 12%of what disposal cost would be, plus cart rental. 640 b)CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week Container Rate Size Element 1 2 3 4 5 6 7 1 COLLECTION $ 56.33 $ 112.67 $ 169.00 $ 225.33 $ 281.67 $ 338.00 $ 394.33 DISPOSAL $ 56.05 $ 115.03 $ 172.55 $ 230.06 $ 287.59 $ 345.10 $ 402.62 RECYCLING- $ 6.73 $ 13.80 $ 20.71 $ 27.61 $ 34.51 $ 41.41 $ 48.31 2 COLLECTION $ 112.67 $ 225.33 $ 338.00 $ 450.67 $ 563.33 $ 676.00 $ 788.67 DISPOSAL $ 115.03 $ 230.06 $ 345.10 $ 460.10 $ 575.15 $ 690.22 $ 805.20 RECYCLING- $ 13.80 $ 27.61 $ 41.41 $ 55.21 $ 69.02 $ 82.83 $ 96.62 3 COLLECTION $ 169.00 $ 338.00 $ 507.00 $ 676.00 $ 845.00 $ 1,014.00 $ 1,183.00 DISPOSAL $ 172.55 $ 345.10 $ 517.63 $ 690.21 $ 862.77 $ 1,035.30 $ 1,207.85 RECYCLING- $ 20.71 $ 41.41 $ 62.12 $ 82.82 $ 103.53 $ 124.24 $ 144.94 4 COLLECTION $ 225.33 $ 450.67 $ 676.00 $ 901.33 $ 1,126.67 $ 1,352.00 $ 1,577.33 DISPOSAL $ 230.06 $ 460.10 $ 690.21 $ 920.26 $ 1,150.33 $ 1,380.40 $ 1,610.46 RECYCLING- $ 27.61 $ 55.21 $ 82.82 $ 110.43 $ 138.04 $ 165.65 $ 193.26 6 COLLECTION $ 338.00 $ 676.00 $ 1,014.00 $ 1,352.00 $ 1,690.00 $2,028.00 $ 2,366.00 DISPOSAL $ 345.09 $ 690.22 $ 1,035.30 $ 1,380.40 $ 1,725.48 $2,065.24 $ 2,415.71 RECYCLING- $ 41.41 $ 82.83 $ 124.24 $ 165.65 $ 207.06 $ 247.83 $ 289.89 8 COLLECTION $ 450.67 $ 901.33 $ 1,352.00 $ 1,802.67 $2,253.33 $2,704.00 $ 3,154.67 DISPOSAL $ 460.10 $ 920.26 $ 1,380.40 $ 1,840.55 $2,300.70 $2,760.82 $ 3,220.95 RECYCLING- $ 55.21 $ 110.43 $ 165.65 $ 220.87 $ 276.08 $ 331.30 $ 386.51 10 COLLECTION $ 563.33 $ 1,126.67 $ 1,690.00 $2,253.33 $2,816.67 $3,380.00 $ 3,943.33 DISPOSAL $ 575.12 $ 1,150.24 $ 1,725.36 $2,300.48 $2,875.60 $3,450.72 $ 4,025.84 RECYCLING- $ 69.01 $ 138.03 $ 207.04 $ 276.06 $ 345.07 $ 414.09 $ 483.10 Collection rates for Solid Waste and Recycling are$13.00 per cubic yard.Disposal fees as estimated above apply to Solid Waste and are subject to change by Monroe County.A Processing charge will apply to Recycling services.Compacted collection waste and recycling rates are 3X the amount shown in the rate available above. Additional Garbage Carts/Totes are available from Franchisee for a rental fee of$120 per year, payable in advance, plus additional fees for service and disposal. R e p I a c e m e n t o f lost or stolen Garbage Carts/Totes will be an additional cost for replacement. 641 SPECIAL SERVICES Frequency 1 2 3 4 5 6 7 Rolling Out Container (and returning it to original location) $26.36 $52.73 $79.09 $ 105.43 $ 131.82 $ 158.17 $184.52 Non Medical Back Door Service (Residential Curbside Only)* NEGOTIABLE Open and (and closing) Doors or $8.66 $ 17.32 $25.99 $34.64 $43.30 $51.96 $60.62 Gates Locks and Containers Negotiable From $27.30 to $210.73 Unlocking Containers $ 11.84 $23.68 $35.52 $47.36 $59.20 $71.04 $82.88 *There will be no additional charge for those residents medically unable to bring solid waste or recyclables to curbside.Back door service to all other customers may be offered by Franchisee at fees to be negotiated. One Time Charges Supplying (and retrofitting) locking Mechanism on Container $ 115.00 ** Lock: Supply lock for locking $30.00 mechanism Adding wheels to or changing wheels on 1,2,and 3 yard No Charge Containers only Moving Container Locations(if Feasible)Per Customer Request $ 100.00 Adding or changing lids on No Charge Containers Setup Fee: The Setup of New or Cancelled Accounts Return Fee: Charge to Return Container when removed for Non $55.00 Payment Not to exceed fee charged by Credit Card Convenience Fee customer's credit card company 642 ROLL OFF COMPACTOR RATES 10/1/2024 10/1/2024 10 Cubic Yard J $ 1,690.00 Service 10 Cubic Yard D $ 1,724.24 Disposal 15 Cubic Yard J $ 2,535.00 Service 15 Cubic Yard D $ 2,586.40 Disposal 20 Cubic Yard J $ 3,380.00 Service 20 Cubic Yard D $ 3,448.57 Disposal 30 Cubic Yard J $ 5,070.00 Service 30 Cubic Yard D $ 5,172.77 Disposal 34 Cubic Yard J $ 5,746.00 Service 34 Cubic Yard D $ 5,862.49 Disposal 40 Cubic Yard J $ 6,760.00 Service 40 Cubic Yard D $ 6,897.04 Disposal Lease per Compactor $ 1,304.21 Service Section 2. The collection service rates established herein are additional to the disposal rates levied as non-ad valorem assessments against commercial property pursuant to Sec. 21-96, et seq., Monroe County Code, and Section 197.3632, Fla. Stat. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 21 st day of August, 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commr. Craig Cates Commr. Michelle Lincoln Commr. David Rice BOARD OF COUNTY COMMISSIONE OF MONROE COUNTY, FLORIDA BY Mayor/Chairman (SEAL) Attest: KEVIN MADOK, CLERK 643 EXTENSION AND AMENDMENT TO THE AMENDED AND RESTATED SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT This Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014(hereinafter referred to as "Agreement") is made and entered into on this 21"day of August 2024 by and between THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 1100 Simonton St., Key West, FL 33040, a political subdivision of the State of Florida (hereinafter referred to as "County" or"Franchisor") and Waste Management Inc. of Florida, a Florida corporation whose address is 1800 N. Military Trail, Suite 201, Boca Raton, FL. 33131 (hereinafter referred to as "WM" or"Franchisee") WHEREAS,the parties entered into a Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 (Agreement)for a period of 10 years to ending on September 30, 2024 and which provides for a 5-year period; and WHEREAS, in accordance with the Agreement the Franchisor wishes to exercise its exclusive option and extend the Agreement for an additional five (5)year period upon the mutually agreeable terms as set forth herein; and WHEREAS,the parties wish to amend the Agreement as set forth herein which includes but is not limited to utilizing new 96-gallon Garbage Cart/Totes designated for garbage collection to be procured by the County and delivered initially to Residential Customers by the a distributor procured by the County thereafter the Franchisee will be responsible for delivery of additional toters as needed; limiting yard waste collection to ten (10) 32-gallon cans per week and not allowing bundles; revising the Consumer Price Index(CPI); and revising the definitions including the definition for bulk pick-up and including limitation for bulk waste pick-ups to four (4) pick-up per fiscal year of 2.5 cubic yards as set forth herein; revising the Residential Collection Rates (per unit) effective October 1, 2024 and adding an additional five year renewal period; and WHEREAS,the Franchisee is willing and able to provide the collection services as set forth therein; and WHEREAS,the County pursuant to Monroe County Code § 2-347(e)(5) previously exercised its option to waive competitive bidding for this Agreement and hereby continues to waive competitive bidding in accordance with Monroe County Code §2-347(e)(5); and WHEREAS,the parties desire to enter into this Extension and Amendment to the Agreement; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND BENEFITS,THE PARTIES AGREE AS FOLLOWS: 1. In accordance with paragraph 1.TERM,the Agreement will be extended by the County for an additional Five (5)year period and will terminate on September 30,2029. 2. Paragraph 1.TERM will be amended to state the following: The term of this Agreement will be for the period beginning on October 1, 2024, extending for Five (5)years and terminating on September 30, 2029.The County/Franchisor shall have the option to extend the Agreement by formal Amendment, upon mutually agreeable terms and conditions and the consent of the Franchisee,for an additional five (5)year period to September 30, 2034. If the County wishes to extend the Agreement, it shall provide one hundred (120) days 1 644 written notice by electronic mail/Email to the Franchisee prior to the expiration of the current term of September 30, 2029. If such email notification is not provided this Agreement shall terminate on September 30, 2029. Monroe County shall have the right to unilaterally extend the term for a period of ninety(90) days under the same terms and conditions as set forth herein. 2.The parties agree to amend paragraph 2. Definitions to add or revise certain definitions asfollows: Bulk(or Bulky)Trash—shall mean any non-vegetative item that cannot be containerized or bundled; including, but not limited to, inoperative and discarded refrigerators, ovens/ranges, clothes washer and dryer, microwaves,TV's, and other similar domestic appliances; household goods, furniture, area rugs (rolled and tied, with a maximum size of 8 x 10). "Home Improvement items or materials",which include, but are not limited to, cabinets, drywall, lumber, toilets, bathtubs, water heaters, paneling, doors,windows, ac units, and other such construction-related materials, are not considered bulk trash. "Bulky trash or waste" does not include large items such as car bodies, camper shells, mobile homes, trailers,jacuzzi tubs or spas, boat hulls or boat motors or other marine or automotive parts, exercise equipment such as treadmills, ellipticals, or bicycles, and any other items that cannot be safely lifted and collected by one person. In addition, bulky wastes do not include any hazardous or special waste as well as any other item or items that in the future maybe land banned by regulation. Collection shall mean the process whereby Residential Solid Waste and Recyclable Materials and Vegetative Waste, Commercial Solid Waste and Recyclable Material are removed and transported to a designated facility. Commercial Recycling Collection Service-shall mean the collection of Recyclable Materials by the Franchisee from business entities and any or all collection services not covered in Residential Recycling Collection Service within the Service Area. Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Franchisee from Dwelling Units in the service area that require the use of Recycling Cart(s) or containers supplied by the Franchisee for the collection of recyclable materials and the delivery of those recyclable material to the Materials Recycling Facility. Containerized Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage, Rubbish, Bulk Trash or Vegetative Waste are collected by means of a central or shared Container and not by means of a Garbage Cart or Receptacle. Vegetative Waste shall not be commingled with Garbage, Rubbish, or Bulk Trash. Contract Administrator shall mean the Solid Waste Management Director or other person designated by the Franchisor who shall act as the representative of the Franchisor during the term of this Agreement. 2 645 Garbage Cart/Tote shall mean rigid, covered 96-gallon wheeled cart to be used for the collection of residential garbage only. Receptacle shall mean any commonly available light gauge steel, plastic or galvanized receptacle of non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid, handle(s) and without any jagged or sharp edges. A garbage receptacle is also defined as a heavy duty, securely tied plastic bag designed for use as a gauge receptacle. Any receptacle made from plastic drums with rope handles, or slots cut into the sides for handles, is not an acceptable garbage receptacle. Any receptacle including waste material shall not exceed thirty-two (32) gallons in capacity or fifty(50) pounds in weight, unless a Franchisee implements (with written authorization from the Contract Administrator or his or her Designee) an automated or semi-automated collection system requiring the use of some other standard receptacle compatible with the Franchisee's equipment. Service Area shall mean that portion of the unincorporated area of the County and any municipalities as described in Exhibit I, for which the Franchisee has an executed Collection Agreement. 3. The parties agree to amend paragraph (4.A.(1))4. Solid Waste Collection Services A. Curbside Residential Solid Waste,Vegetative Waste,Vegetative Waste and Bulk Trash Collection Services(1) as follows: A. Curbside Residential Solid Waste, Vegetative Waste and Bulk Trash Collection Services (1) Conditions and Frequency of Service All Curbside Residential Solid Waste/garbage shall be properly contained in Garbage Cart/Tote provided by the Franchisor and Franchisee (as per rate sheet/exhibit II) and Regular Vegetative waste shall be properly containerized in Receptacles or otherwise prepared for collection. Garbage Carts/Totes shall not be loaded with any materials extending above the tops, as the lids must fully close for proper collection. Residents of the Dwelling Unit may request an additional Garbage Cart/Tote from the Franchisee for an additional fee/charge.The fee/charge will be directly paid to the Franchisee, annually.The County will approve the fee/charge in writing, but the fee will be based upon the disposal and collection fee imposed by the annual special assessment. Vegetative waste shall be separated from Residential Solid Waste/garbage. No filled receptacle shall exceed fifty(50) pounds in weight. (Regular Vegetative Waste will be as defined herein. Curbside Residential Solid Waste Collection Service, except for permitted holidays, shall be provided twice per week with not less than forty-eight (48) hours between regular scheduled pick-up days. Regular Vegetative waste shall be picked up by the Franchisee not less than once every seven (7) days on a scheduled route basis. No more than ten (10) 32-gallon Receptables of vegetative waste will be picked every seven (7) days. Receptacle is not to exceed 50 pounds in weight, and vegetation must not extend more than 12 inches above the rim of the receptacle. Vegetative waste in excess of ten (10) 32-gallon receptable will be considered excess yard waste/horticultural trash and may be picked up at an additional charge for collection and disposal. Payment will be made directly to the Franchisee. Oversized vegetative waste and bulk trash as defined in this Agreement shall be picked-up by the Franchisee within five (5) business days of payment by the resident of the Dwelling Unit. Bulk trash in excess of four(4) pickups per 3 646 fiscal year of 2.5 cubic yards per pickup may be picked up by Franchisee at an additional charge for collection and disposal. Oversize Vegetative waste and bulk trash must be placed at the usual accessible pick-up location.There may be a charge to the resident for Oversize Vegetative Waste and Franchisee 4 647 will inspect the material and provide a quote for such service.The resident may utilize the service at the quoted rate or utilize another lawful means or entity to manage the material. Franchisee agrees not to combine or comingle Vegetative Waste with Garbage.The Franchisor has a separate yard waste processing program and therefore requires Franchisee to provide a separate collection of yard waste.The Franchisee shall provide for a twice a week collection of garbage/solid waste, once a week collection of yard waste and once a week collection of recycles from residents unless otherwise approved in writing by the County.The separate day of collection of yard waste and recyclable shall be provided at no additional cost to the Franchisor. 4. The parties agree to amend paragraph (4.113.(1))4. Solid Waste Collection Services B. Containerized Residential Solid Waste Collection Service as follows: (1) Conditions and Frequency of Service The Franchisee shall provide Containerized Residential Solid Waste Collection Service to Multi- Family Dwelling Units of four(4)or more in the Service Area that are suitable to receive such service and request such service or upon request from single Dwelling Units when additional service is requested.The size and location of the container and the frequency of collection shall be determined by the Franchisee and the residential complex, in accordance with this Agreement.The level of service shall be sufficient to meet customer needs in a safe and sanitary manner. In the event of an unresolved dispute involving the level and type of service to be provided,the location and size of Containers or the frequent of service, the Contract Administrator shall make the final determination.The Franchisee shall be paid the appropriate container maintenance fee in accordance with Exhibit II for service to Family Dwelling Units of four (4) or more. Multi-Family Dwelling Units will be credited for the annual special assessment and charged the difference for the additional container monthly by the Franchisee. A minimum of twice per week service is require of all customers, or such other minimum frequency as provided by law. Service shall not exceed a maximum of twice per week. Such service shall be provided by mechanical container as defined herein. 5. The parties agree to Amend paragraph (5. B.)5.CHARGES,RATES,AGREEMENT AMOUNT AND LEVELS OF SERVICE B. Solid Waste and Recycling Collection Rate Adjustments to add the following: Effective October 1, 2025, the annual adjustment to the Solid Waste and Recycling Collection (which includes Residential Solid Waste and Commercial Recycling Collection Service and Commercial Solid Waste Collection Service)will be adjusted in accordance with the Consumer Price Index for All Urban Consumers (CPIU)for, Water, Sewer,Trash index ending December 31", adjusted annually, and no more than 7% increase,with no negative CPI adjustment allowed. 6. The parties agree to Amend (6.1)6.CHARGES, RATES,AGREEMENT AMOUNT AND LEVELS OF SERVICE I. Convenience Fee to state the following: In addition to the Special Service Rates charged pursuant to Article 8 and Exhibit V,Franchisee may include a convenience fee charge. The convenience fee shall be a "pass through" fee and 5 648 will not exceed the fee charge by the customer's credit card company to the Franchisee for the use and processing of the charge. 7. Effective October 1,2024,Exhibit II shall be revised, (revised version attached hereto) and attached to adjust the Residential Collection Rates(per unit)for the Solid Waste Curbside Service as follows: Residential Collection Rates (per unit) Services Curbside Service Solid Waste $ 24.63 (2x/wk.) Recycling $ 6.52 (1x/wk.) 8. The parties agree to revise paragraph 00. Public Access to read as follows: PUBLIC ACCESS Franchisee must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. Franchisor and Franchisee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by Franchisor and Franchisee in conjunction with this Agreement. Franchisee is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Franchisee is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Franchisee does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost,to the County all public records in possession of the Franchisee or keep and maintain public records that would be required by the County to perform the service. If the Franchisee transfers all public records to the County upon completion of the contract, the Franchisee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Franchisor keeps and maintains public records upon completion of the contract, the Franchisee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Franchisee of the request, and the Franchisee must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Franchisee does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option 6 649 and right to unilaterally cancel this contract upon violation of this provision by the Franchisee.A Franchisee who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Franchisee shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE FRANCHISEE/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE FRANCHISEE/CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIANn,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TI Street, SUITE 408, KEY WEST, FL 33040. Violation of this subsection is considered a default under this Agreement and shall be addressed as set forth in paragraph 30 above. 9. The parties agree to add the following in accordance with F.S.448.095: 62. E-Verify System - In accordance with F.S. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.The Contractor shall comply with and be subject to the provisions of F.S. 448.095 10.10. The parties agree that Exhibit VII shall be deleted from the Franchise Agreement and shall be of no more force or effect. 11.The remaining terms of the Franchisee Agreement,as amended, remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Franchise Agreement to be executed by their respective authorized representatives as of the date first above written. ATTEST: KEVIN MADOK, CLERK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BY: By: As Deputy Clerk Mayor 7 650 (Seal)ATTEST: FRANCHISEE BY: BY: Title Title 8 651 BY: By: Title Title 9 652 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Thursday, August 15, 2024 12:20 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley- Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena Subject: Item C20 BOCC 08/21/2024 REVISED BACKUP. Attachments: WM Signed Affidavit for 2024 Contract.pdf, WM Signed Amended Contract with Exihibit II 8-14-2024 WM Signed Contract w Rate Schedule.pdf; WM Signed Non Crutinized Form for2024 Contract Amend..pdf, AIS C20.pdf Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon, Please be advised that the agenda item backup has been revised for item C20. "Approval to Enter into Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste Management ofFlorida, Inc.for an additional 5-year period,for a term of October 1, 2024, through September 30, 2029,for solid waste collection services and authorization to exercise the exemption from competitive bidding provisions for solid waste services. " Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy i».c z..- Y .�.. _rn groecou�_n�.Y..-.�..:.i» .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 C20 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: C20 2023-2837 BULK ITEM: Yes DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan AGENDA ITEM WORDING: Approval to Enter into Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste Management of Florida, Inc. for an additional 5-year period, for a term of October 1, 2024, through September 30, 2029, for solid waste collection services and authorization to exercise the exemption from competitive bidding provisions for solid waste services. ITEM BACKGROUND: The County entered into the Restated and Amended Recyclables Disposal and Operations Agreement (Agreement) on May 21, 2014. The Agreement allows for an extension for an additional five (5)year period. WM has agreed to extend the Agreement for an additional 5 year period with an adjustment to the operation and disposal fee, and a revision to the Consumer Price Index (CPI) adjustments. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Restated and Amended Recyclables Disposal and Operations Agreement (Agreement) on May 21, 2014 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: See attached extension and amendments. 1 STAFF RECOMMENDATION: Approval DOCUMENTATION: 8-13-2024 (06) RATE EXHIBIT ll.pdf WM Signed Affidavit for 2024 Contract.pdf WM Signed Amended Contract with Exihibit 118-14-2024 WM Signed Contract w Rate Schedule.pdf WM Signed Non Crutinized Form f6r2024 Contract Amend..pdf FINANCIAL IMPACT: Effective Date: 10/1/24 Expiration Date: 9/30/29 Total Dollar Value of Contract: Based upon rates as set forth in the contract Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: Solid Waste Enterprise Fund CPI: Yes, as set forth in the contract Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes- updated COI's provided after approval. Additional Details: 2 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Wen Vendor FEIN: -i CA 14,51 16 i c� y- ror Vendor's Authorized Representative: '� rro,,r►� �" '��;� �t� 1 (Name and Trt1e) Address: t� f�f t .r 1 �+e ?4 N City. �� "'... State: w L Zip: �e �k 1 G mm.... Phone Number: ,,,,........ . � Email Address: . m ,� tm� ,„ _._. As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport,visa,or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified Hy: " 1 1 I'"r-' ` r-22 ,who is authorized to sign on behalf of the above referenced company. Authorized Sinature: Print Name. Title ,fie"` ,,,,,, R,r l Tv 1. . m EXTENSION AND AMENDMENT TO THE AMENDED AND RESTATED SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT This Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014(hereinafter referred to as "Agreement") is made and entered into on this 2151 day of August 2024 by and between THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 1100 Simonton St., Key West, FL 33040,a political subdivision of the State of Florida (hereinafter referred to as "County" or"Franchisor") and Waste Management Inc. of Florida,a Florida corporation whose address is 1800 N. Military Trail, Suite 201, Boca Raton, FL.33131 (hereinafter referred to as"WM" or"Franchisee") WHEREAS,the parties entered into a Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 (Agreement)for a period of 10 years to ending on September 30, 2024 and which provides for a 5-year period; and WHEREAS, in accordance with the Agreement the Franchisor wishes to exercise its exclusive option and extend the Agreement for an additional five (5)year period upon the mutually agreeable terms as set forth herein; and WHEREAS, the parties wish to amend the Agreement as set forth herein which includes but is not limited to utilizing new 96-gallon Garbage Cart/Totes designated for garbage collection to be procured by the County and delivered initially to Residential Customers by the a distributor procured by the County thereafter the Franchisee will be responsible for delivery of additional toters as needed; limiting yard waste collection to ten (10) 32-gallon cans per week and not allowing bundles; revising the Consumer Price Index (CPI); and revising the definitions including the definition for bulk pick-up and including limitation for bulk waste pick-ups to four(4) pick-up per fiscal year of 2.5 cubic yards as set forth herein; revising the Residential Collection Rates(per unit)effective October 1, 2024 and adding an additional five year renewal period;and WHEREAS,the Franchisee is willing and able to provide the collection services as set forth therein;and WHEREAS,the County pursuant to Monroe County Code§2-347(e)(5) previously exercised its option to waive competitive bidding for this Agreement and hereby continues to waive competitive bidding in accordance with Monroe County Code§2-347(e)(5); and WHEREAS,the parties desire to enter into this Extension and Amendment to the Agreement; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND BENEFITS,THE PARTIES AGREE AS FOLLOWS: 1. In accordance with paragraph 1.TERM,the Agreement will be extended by the County for an additional Five(5)year period and will terminate on September 30,2029. 2. Paragraph 1.TERM will be amended to state the following: The term of this Agreement will be for the period beginning on October 1, 2024,extending for Five (5)years and terminating on September 30, 2029.The County/Franchisor shall have the option to extend the Agreement by formal Amendment, upon mutually agreeable terms and conditions and the consent of the Franchisee,for an additional five (5)year period to September 30, 2034. If the County wishes to extend the Agreement, it shall provide one hundred (120)days 1 written notice by electronic mail/Email to the Franchisee prior to the expiration of the current term of September 30, 2029. If such email notification is not provided this Agreement shall terminate on September 30, 2029. Monroe County shall have the right to unilaterally extend the term for a period of ninety(90)days under the same terms and conditions as set forth herein. 2.The parties agree to amend paragraph 2. Definitions to add or revise certain definitions asfollows: Bulk(or Bulky)Trash—shall mean any non-vegetative item that cannot be containerized or bundled; including, but not limited to, inoperative and discarded refrigerators,ovens/ranges, clothes washer and dryer, microwaves,TV's, and other similar domestic appliances; household goods,furniture, area rugs(roiled and tied,with a maximum size of 8 x 10). "Home Improvement items or materials",which include, but are not limited to,cabinets,drywall, lumber,toilets, bathtubs,water heaters, paneling, doors,windows, ac units, and other such construction-related materials, are not considered bulk trash. "Bulky trash or waste"does not include large items such as car bodies, camper shells, mobile homes,trailers,jacuzzi tubs or spas, boat hulls or boat motors or other marine or automotive parts,exercise equipment such as treadmills, ellipticals,or bicycles, and any other items that cannot be safely lifted and collected by one person. In addition, bulky wastes do not include any hazardous or special waste as well as any other item or items that in the future maybe land banned by regulation. Collection shall mean the process whereby Residential Solid Waste and Recyclable Materials and Vegetative Waste,Commercial Solid Waste and Recyclable Material are removed and transported to a designated facility. Commercial Recycling Collection Service-shall mean the collection of Recyclable Materials by the Franchisee from business entities and any or all collection services not covered in Residential Recycling Collection Service within the Service Area. Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Franchisee from Dwelling Units in the service area that require the use of Recycling Cart(s)or containers supplied by the Franchisee for the collection of recyclable materials and the delivery of those recyclable material to the Materials Recycling Facility. Containerized Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage, Rubbish, Bulk Trash or Vegetative Waste are collected by means of a central or shared Container and not by means of a Garbage Cart or Receptacle.Vegetative Waste shall not be commingled with Garbage, Rubbish, or Bulk Trash. Contract Administrator shall mean the Solid Waste Management Director or other person designated by the Franchisor who shall act as the representative of the Franchisor during the term of this Agreement. 2 Garbage Cart/Tote shall mean rigid,covered 96-gallon wheeled cart to be used for the collection of residential garbage only. Receptacle shall mean any commonly available light gauge steel, plastic or galvanized receptacle of non-absorbent material,closed at one end and open at the other, furnished with a closely fitted top or lid, handle(s) and without any jagged or sharp edges. A garbage receptacle is also defined as a heavy duty,securely tied plastic bag designed for use as a gaFlaaee receptacle. Any receptacle made from plastic drums with rope handles, or slots cut into the sides for handles, is not an acceptable garbage receptacle. Any receptacle including waste material shall not exceed thirty-two (32) gallons in capacity or fifty(50) pounds in weight, unless a Franchisee implements(with written authorization from the Contract Administrator or his or her Designee) an automated or semi-automated collection system requiring the use of some other standard receptacle compatible with the Franchisee's equipment. Service Area shall mean that portion of the unincorporated area of the County and any municipalities as described in Exhibit I,for which the Franchisee has an executed Collection Agreement. 3. The parties agree to amend paragraph (4.A.(1))4.Solid Waste Collection Services A.Curbside Residential Solid Waste,Vegetative Waste,Vegetative Waste and Bulk Trash Collection Services(1) as follows: A. Curbside Residential Solid Waste,Vegetative Waste and Bulk Trash Collection Services (1) Conditions and Frequency of Service All Curbside Residential Solid Waste/garbage shall be properly contained in Garbage Cart/Tote provided by the Franchisor and Franchisee (as per rate sheet/exhibit II) and Regular Vegetative waste shall be properly containerized in Receptacles or otherwise prepared for collection. Garbage Carts/Totes shall not be loaded with any materials extending above the tops,as the lids must fully close for proper collection. Residents of the Dwelling Unit may request an additional Garbage Cart/Tote from the Franchisee for an additional fee/charge.The fee/charge will be directly paid to the Franchisee, annually.The County will approve the fee/charge in writing, but the fee will be based upon the disposal and collection fee imposed by the annual special assessment.Vegetative waste shall be separated from Residential Solid Waste/garbage. No filled receptacle shall exceed fifty(50) pounds in weight. (Regular Vegetative Waste will be as defined herein.Curbside Residential Solid Waste Collection Service, except for permitted holidays, shall be provided twice per week with not less than forty-eight(48) hours between regular scheduled pick-up days. Regular Vegetative waste shall be picked up by the Franchisee not less than once every seven (7)days on a scheduled route basis. No more than ten (10)32-gallon Receptables of vegetative waste will be picked every seven (7) days. Receptacle is not to exceed 50 pounds in weight, and vegetation must not extend more than 12 inches above the rim of the receptacle. Vegetative waste in excess of ten (10)32-gallon receptable will be considered excess yard waste/horticultural trash and may be picked up at an additional charge for collection and disposal. Payment will be made directly to the Franchisee. Oversized vegetative waste and bulk trash as defined in this Agreement shall be picked-up by the Franchisee within five (5) business days of payment by the resident of the Dwelling Unit. Bulk trash in excess of four(4) pickups per 3 fiscal year of 2.5 cubic yards per pickup may be picked up by Franchisee at an additional charge for collection and disposal. Oversize Vegetative waste and bulk trash must be placed at the usual accessible pick-up location.There may be a charge to the resident for Oversize Vegetative Waste and Franchisee will inspect the material and provide a quote for such service. The resident may utilize the service at the quoted rate or utilize another lawful means or entity to manage the material. Franchisee agrees not to combine or comingle Vegetative Waste with Garbage.The Franchisor has a separate yard waste processing program and therefore requires Franchisee to provide a separate collection of yard waste.The Franchisee shall provide for a twice a week collection of garbage/solid waste,once a week collection of yard waste and once a week collection of recycles from residents unless otherwise approved in writing by the County.The separate day of collection of yard waste and recyclable shall be provided at no additional cost to the Franchisor. 4. The parties agree to amend paragraph(4.13. (1))4. Solid Waste Collection Services B. Containerized Residential Solid Waste Collection Service as follows: (1) Conditions and Frequency of Service The Franchisee shall provide Containerized Residential Solid Waste Collection Service to Multi- Family Dwelling Units of four (4) or more in the Service Area that are suitable to receive such service and request such service or upon request from single Dwelling Units when additional service is requested.The size and location of the container and the frequency of collection shall be determined by the Franchisee and the residential complex, in accordance with this Agreement.The level of service shall be sufficient to meet customer needs in a safe and sanitary manner. In the event of an unresolved dispute involving the level and type of service to be provided,the location and size of Containers or the frequent of service,the Contract Administrator shall make the final determination.The Franchisee shall be paid the appropriate container maintenance fee in accordance with Exhibit II for service to Family Dwelling Units of four(4) or more. Multi-Family Dwelling Units will be credited for the annual special assessment and charged the difference for the additional container monthly by the Franchisee. A minimum of twice per week service is require of all customers,or such other minimum frequency as provided by law.Service shall not exceed a maximum of twice per week. Such service shall be provided by mechanical container as defined herein. S. The parties agree to Amend paragraph (S. B.)S.CHARGES,RATES,AGREEMENT AMOUNTAND LEVELS OF SERVICE B.Solid Waste and Recycling Collection Rate Adjustments to add the following: Effective October 1,2025,the annual adjustment to the Solid Waste and Recycling Collection (which includes Residential Solid Waste and Commercial Recycling Collection Service and Commercial Solid Waste Collection Service) will be adjusted in accordance with the Consumer Price Index for All Urban Consumers (CPIU)for, Water, Sewer,Trash index ending December 31", adjusted annually, and no more than 7%increase,with no negative CPI adjustment allowed. 6. The parties agree to Amend (6.1) 6.CHARGES, RATES,AGREEMENT AMOUNT AND LEVELS OF 4 SERVICE I. Convenience Fee to state the following: In addition to the Special Service Rates charged pursuant to Article 8 and Exhibit V,Franchisee may include a convenience fee charge.The convenience fee shall be a "pass through"fee and will not exceed the fee charge by the customer's credit card company to the Franchisee for the use and processing of the charge. 7. Effective October 1,2024,Exhibit II shall be revised,and attached to adjust the Residential Collection Rates(per unit)for the Solid Waste Curbside Service asfollows: Residential Collection Rates (per unit) Services Curbside Service Solid Waste $ 24.63 (2x/wk.) Recycling $ 6.52 (1x/wk.) 8. The parties agree to revise paragraph 00. Public Access to read asfollows: PUBLIC ACCESS Franchisee must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. Franchisor and Franchisee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes,and made or received by Franchisor and Franchisee in conjunction with this Agreement. Franchisee is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Franchisee is required to: (1) Keep and maintain public records that would be required by the County to perform theservice. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided bylaw. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Franchisee does not transfer the records to the County. (4) Upon completion of the contract,transfer,at no cost,to the County all public records in possession of the Franchisee or keep and maintain public records that would be required by the County to perform the service. If the Franchisee transfers all public records to the County upon completion of the contract, the Franchisee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Franchisor keeps and maintains public records upon completion of the contract,the Franchisee shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County, upon request fromthe County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records,the County shall immediately notify the Franchisee of the request, and the Franchisee must provide the records to the County or allow the records to be inspected or copied within a reasonabletime. 5 If the Franchisee does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Franchisee. A Franchisee who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Franchisee shall not transfer custody, release,alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE FRANCHISEE/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119. FLORIDA STATUTE& TO THE FRANCHISEEICONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN&MONROECOUNTY-FL.GOV. MONROE COUNTY ATTORNEY'S OFFICE 1111 12TI1 Street, SUITE 408, KEY NEST. FL 33040, Violation of this subsection is considered a default under this Agreement and shall be addressed as set forth in paragraph 30 above. 9. The parties agree to add the following in accordance with F.S.448.095: 62. E-Verify System-In accordance with F.S.448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien.The Contractor shall comply with and be subject to the provisions of F.S. 448.095 10.10.The parties agree that Exhibit VII shall be deleted from the Franchise Agreement and shall be of no more force or effect. 11.The remaining terms of the Franchisee Agreement,as amended,remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Franchise Agreement to be executed by their respective authorized representatives as of the date first above written. ATTEST: KEVIN MADOK,CLERK MONROE COUNTY BOARD OFCOUNTY COMMISSIONERS BY: As Deputy Clerk Mayor CA t7s' r -ATTEST: FRANCMSEE 1 BYL� i . Title: Lisa P. Silva,Asst. Sec. Title: David M. Myhan, President c7' EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 Residential Collection Rates (per unit) Services Curbside Service Solid Waste $ 24.63 (2x/wk.) Recycling $ 6.52 (1x/wk.) Each eligible residence will receive one Garbage Cart/Tote from Monroe County • R e p I a c e m e n t o f Lost or stolen Garbage Carts/Totes will be at an additional cost and are the responsibility of residents. Commercial Rates Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Keys Sanitary, Ocean Reef 2024/25 CAN PICKUP RATE SCHEDULE Number of Pickups Per Week No. of Rate 32 gal cans* Element 2 3 4 5 6 2 COLLECTION $ 32.77 $ 48.96 $ 65.27 $ 81.67 $ 97.97 DISPOSAL $ 36.39 $ 54.47 $ 72.67 $ 90.90 $ 109.06 RECYCLING- $ 4.37 $ 6.54 $ 8.72 $ 10.91 $ 13.09 3 COLLECTION $ 48.96 $ 73.33 $ 97.97 $ 122.37 $ 147.04 DISPOSAL $ 54.47 $ 81.72 $ 109.06 $ 136.33 $ 163.58 RECYCLING- $ 6.54 $ 9.81 $ 13.09 $ 16.36 $ 19.63 4 COLLECTION $ 65.27 $ 97.97 $ 130.66 $ 163.32 $ 196.08 DISPOSAL $ 72.67 $ 109.06 $ 146.02 $ 182.53 $ 219.00 RECYCLING- $ 8.72 $ 13.09 $ 17.52 $ 21.90 $ 26.28 5 COLLECTION $ 81.67 $ 122.37 $ 163.32 $ 204.04 $ 289.59 DISPOSAL $ 90.90 $ 136.33 $ 182.53 $ 227.16 $ 272.59 RECYCLING- $ 10.91 $ 16.36 $ 21.90 $ 27.26 $ 32.71 6 COLLECTION $ 97.97 $ 147.04 $ 196.08 $ 254.90 $ 331.38 DISPOSAL $ 109.06 $ 163.58 $ 219.00 $ 272.59 $ 317.13 RECYCLING- $ 13.09 $ 19.63 $ 26.28 $ 32.71 $ 38.06 Based on 32-gallon cans Solid Waste service may be available in either 64-gallon or 96-gallon Carts provided by franchisee at an equivalent rate per cubic yard. Monthly cart rental is $5.00 for each 32-gal & 64-gal cart and $10.00 for each 96-gal cart. Recycling must be in carts, not cans. Recycling is subject to a Processing Charge at a rate of 12%of what disposal cost would be, plus cart rental. b)CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 Container Rate Size Element 1 2 3 4 5 6 7 1 COLLECTION $ 56.33 $ 112.67 $ 169.00 $ 225.33 $ 281.67 $ 338.00 $ 394.33 DISPOSAL $ 56.05 $ 115.03 $ 172.55 $ 230.06 $ 287.59 $ 345.10 $ 402.62 RECYCLING- $ 6.73 $ 13.80 $ 20.71 $ 27.61 $ 34.51 $ 41.41 $ 48.31 2 COLLECTION $ 112.67 $ 225.33 $ 338.00 $ 450.67 $ 563.33 $ 676.00 $ 788.67 DISPOSAL $ 115.03 $ 230.06 $ 345.10 $ 460.10 $ 575.15 $ 690.22 $ 805.20 RECYCLING- $ 13.80 $ 27.61 $ 41.41 $ 55.21 $ 69.02 $ 82.83 $ 96.62 3 COLLECTION $ 169.00 $ 338.00 $ 507.00 $ 676.00 $ 845.00 $1,014.00 $ 1,183.00 DISPOSAL $ 172.55 $ 345.10 $ 517.63 $ 690.21 $ 862.77 $1,035.30 $ 1,207.85 RECYCLING- $ 20.71 $ 41.41 $ 62.12 $ 82.82 $ 103.53 $ 124.24 $ 144.94 4 COLLECTION $ 225.33 $ 450.67 $ 676.00 $ 901.33 $1,126.67 $1,352.00 $ 1,577.33 DISPOSAL $ 230.06 $ 460.10 $ 690.21 $ 920.26 $1,150.33 $1,380.40 $ 1,610.46 RECYCLING- $ 27.61 $ 55.21 $ 82.82 $ 110.43 $ 138.04 $ 165.65 $ 193.26 6 COLLECTION $ 338.00 $ 676.00 $1,014.00 $1,352.00 $1,690.00 $2,028.00 $ 2,366.00 DISPOSAL $ 345.09 $ 690.22 $1,035.30 $1,380.40 $1,725.48 $2,065.24 $ 2,415.71 RECYCLING- $ 41.41 $ 82.83 $ 124.24 $ 165.65 $ 207.06 $ 247.83 $ 289.89 8 COLLECTION $ 450.67 $ 901.33 $1,352.00 $1,802.67 $2,253.33 $2,704.00 $ 3,154.67 DISPOSAL $ 460.10 $ 920.26 $1,380.40 $1,840.55 $2,300.70 $2,760.82 $ 3,220.95 RECYCLING- $ 55.21 $ 110.43 $ 165.65 $ 220.87 $ 276.08 $ 331.30 $ 386.51 10 COLLECTION $ 563.33 $1,126.67 $1,690.00 $2,253.33 $2,816.67 $3,380.00 $ 3,943.33 DISPOSAL $ 575.12 $1,150.24 $1,725.36 $2,300.48 $2,875.60 $3,450.72 $ 4,025.84 RECYCLING- $ 69.01 $ 138.03 $ 207.04 $ 276.06 $ 345.07 $ 414.09 $ 483.10 Collection rates for Solid Waste and Recycling are$13.00 per cubic yard. Disposal fees as estimated above apply to Solid Waste and are subject to change by Monroe County.A Processing charge will apply to Recycling services.Compacted collection waste and recycling rates are 3X the amount shown in the rate available above. Additional Garbage Carts/Totes are available from Franchisee for a rental fee of$120 per year, payable in advance, plus additional fees for service and disposal. EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 SPECIAL SERVICES Frequency 1 2 3 4 5 6 7 Rolling Out Container (and returning it to original location) $26.36 $52.73 $79.09 $ 105.43 $ 131.82 $ 158.17 $184.52 Non Medical Back Door Service (Residential Curbside Only)* NEGOTIABLE Open and (and closing) Doors or $8.66 $ 17.32 $25.99 $34.64 $43.30 $51.96 $60.62 Gates Locks and Containers Negotiable From $27.30 to $210.73 Unlocking Containers $ 11.84 $23.68 $35.52 $47.36 $59.20 $71.04 $82.88 *There will be no additional charge for those residents medically unable to bring solid waste or recyclables to curbside.Back door service to all other customers may be offered by Franchisee at fees to be negotiated. One Time Charges Supplying (and retrofitting) locking Mechanism on Container $ 115.00 ** Lock: Supply lock for locking $ 30.00 mechanism Adding wheels to or changing wheels on 1,2,and 3 yard No Charge Containers only Moving Container Locations(if Feasible)Per Customer Request $ 100.00 Adding or changing lids on No Charge Containers Setup Fee: The Setup of New or Cancelled Accounts Return Fee: Charge to Return Container when removed for Non $55.00 Payment Not to exceed fee charged by Credit Card Convenience Fee customer's credit card company EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 10/1/2024 ROLL OFF COMPACTOR RATES 10/1/2024 10 Cubic Yard J $ 1,690.00 Service 10 Cubic Yard D $ 1,724.24 Disposal 15 Cubic Yard J $ 2,535.00 Service 15 Cubic Yard D $ 2,586.40 Disposal 20 Cubic Yard J $ 3,380.00 Service 20 Cubic Yard D $ 3,448.57 Disposal 30 Cubic Yard J $ 5,070.00 Service 30 Cubic Yard D $ 5,172.77 Disposal 34 Cubic Yard J $ 5,746.00 Service 34 Cubic Yard D $ 5,862.49 Disposal 40 Cubic Yard J $ 6,760.00 Service 40 Cubic Yard D $ 6,897.04 Disposal Lease per Compactor $ 1,304.21 Service VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Project Descriptions): Francbise Agreement Respondent Vendor Name: Waste Manage ient Inc. of Florida Vendor FE1N: 59-1094518 Vendor's Authorized Representative Name and Title: Dav,id,„MMhan„President,,,,,,,,,,„„ m Address: 1800 N. Military Trail,Suite 201 u City: Boca Raton State: „ Florida Zip: 33131 Phone Number: 954-984-2035 Email Address: Dmyhan#wm.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, an&or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: David M. Mhan,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,who is authorized to sign on behalf of the aowff referenced company. Authorized Signature:,, Print Name: David M. My q!1 Title: President Note:The List are available at the following Department of Management Services Site: ttiW w dnas,.,Mlordlaconnadbtusinesaanpinsaate yn9garN,information/convicted sags P d a,ry Gdscriminam,, a pmpl g nts vendor lists,