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Item C27
C27 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: C27 2023-2835 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 Ted Carter Enterprises, Inc., dba Keys Sanitary Service. 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: This Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 (Agreement) extends the Agreement for a 5 year period. The parties wish to amend the Agreement as set forth herein which includes but is not limited to utilizing new 96-gallon Toter Containers 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. The Franchisee is willing and able to provide the collection service. 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). PREVIOUS RELEVANT BOCC ACTION: The BOCC approved contract amendments on the following dates. 728 August 17, 2005 January 28, 2009 Renewed and amended May 20, 2009, scheduled to terminate on September 30, 2014 On May 21, 2014, a new ten(10)year contract was negotiated, beginning October 1, 2014, and terminating on September 30, 2024. The Franchisor(county) shall have the exclusive option to extend the agreement by formal amendment, upon mutually agreeable terms and conditions for an additional five (5)year period. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: See attached extension and amendment. STAFF RECOMMENDATION: Approval DOCUMENTATION: KSS Second Extension and Amendment to the Solid Waste and Recycling Collection Franchise Agreement CLEAN version_ with extended 2039 sole option of County.pdf Key Sanitary WC COI August 2024.pdf Keys Sanitary Liability COI -August 2024.pdf 08-12-2024 KSS Signed Contract.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 Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: 729 Grant: N/A County Match: N/A Insurance Required: Yes, COIs will be provided after approval. Additional Details: 730 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 Ted Carter Enterprises, Inc., DBA, Keys Sanitary Service, a Florida corporation whose address is P.O. Box 345,Tavernier, Florida 33070(hereinafter referred to as "KSS" 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 Toter Containers 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 revised to add the following: This Agreement shall be extended by the parties for an additional five (5)year period to September 30, 2034, at the same terms and conditions, upon providing one hundred twenty (120) days written notice by electronic mail/email to the other party of its intent to extend the Agreement prior to the expiration of the current term of September 30, 2029. If such email notification is not provided and an extension of this agreement is not executed by the parties 1 731 then 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. The County/Franchisor shall have the sole exclusive option to extend the Agreement by formal Amendment, at the same terms and conditions,for an additional five (5)year period to September 30, 2039, upon one hundred (120) days written notice by electronic mail/Email to the Franchisee prior to the expiration of the extended term of September 30, 2034, if extended as set forth above. If such email notification is not provided this Agreement shall terminate on September 30, 2029, if extended period is exercised as set forth above. Monroe County shall have the right to unilaterally extend the term for a period of ninety (90) days under the same terms and conditions of the extended term. 2.The parties agree to amend paragraph 2. Definitions to add or revise certain definitions as follows: 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 2 732 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. 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 and Regular Vegetative waste shall be properly containerized in Receptacles or otherwise prepared for 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 or more than seventy-two (72) 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. Vegetative waste in excess of ten (10) 32-gallon 3 733 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 notification by the resident of the Dwelling Unit. 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 (4.113. (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. Single Family Dwelling Units will be credited for the annual special assessment and charged the difference for the additional container annually by the Franchisee. A minimum of once 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%. 4 734 6. Effective October 1,2024, Exhibit II shall be revised 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 $ 22.29 (2x/wk.) Recycling $ 5.82 (1x/wk.) 7. 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 inspect or 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 and right to unilaterally cancel this contract upon violation of this provision by the Franchisee.A 5 735 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-BRIAN(a,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. 8. 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 9. 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 (Seal)ATTEST: FRANCHISEE 6 736 BY: By: Title Title 7 737 Date CERTIFICATE OF LIABILITY INSURANCE 8/7/2024 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 1 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made ❑ Occur occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate Deductible A Workers Compensation and x I WC Statu- OTH- Employers'Liability WC 71949 01/01/2024 01/01/2025 tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 96-65-416 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Ted Carter Enterprises,Inc.dba Keys Sanitary Service Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s) ,while working in: FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by emailing a request to ce rtif icates@ lion insurancecompany.corn Project Name: ISSUE 08-07-24(BP) Be in Date:4 24 2024 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COMMISSIONERS Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. KEY WEST, FL 33040 ,��.� re'�'.XNmw1,. 738 TEDCARTE-1 JKC �rn° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �- 4/24/2024 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. ja/c°°,"ro,Ext>:888-401-4774 ;AAC,"0):888-4965-0444 www.exclusiveprograms.com E-MAIL COI@EXCLUSIVEPROGRAMS.COM PO Box 29-4170 ADDRESS: Boca Raton,FL 33429-4170 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Great Divide Insurance Company 25224 INSURED Ted Carter Enterprises,Inc. dba Keys Sanitary Service INSURER B:Key Risk Insurance Company PO Box345 INSURERC:Sunz Insurance Company 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 GLP2040219-11 4/19/2024 4/19/2025 DAMAGE TO RENTED 100,000 Y N PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 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 BAP2040218-11 4/19/2024 4/19/2025 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 BINDER04292024 4/29/2024 4/29/2025 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 performed by the insured. CERTIFICATE HOLDER CANCELLATION 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. 1100 Simonton St., Room#2-231 Key West, FL 33040- AUTHORIZED REPRESENTATIVE 7 �� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reservr,4 The ACORD name and logo are registered marks of ACORD 739 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):......... V C Respondent Vendor Name-, V1 I Y, k/ ............. Vendor FEIN: , Vendor's Authorized Representative Name and Title: e211,11 Address: R 0m pc, L4 K City: t State: F C- Zip: S?, 61 , Phone Number: Email Address -I— S Q 0 L e Section 287.135, Florida Statutes pr6hibits 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, and/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: 7K�I'l ✓_1 C:�� 'i��0- who is authorized to sign on behalf of the ab "�ivy re't"W lc;4,yonj�p�d _ , 'r /11 1.,- Authorized Print Name: C p'l Note: The List are available at the following Department of Management Services Site: Jlasijq,�A.,.Oldo�' sw, VN,� d ills, I� S.O .. ......... ........................................... U�.. .. ........................... ................ .............. I'll,................................... ------ un I us 1 L 740 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES .. �. '.. . Entity Vendor Name � <� .� ���� �. � _��..,.� . ...... .. Vendor FEIN: Vendor's Authorized le rsentative: � " p ..,.n.... ........._...... (Name and 'eitle) Address: �� �,�w. `'V "....... �� City: _........ � V1 1 ate Zi Phone Numbe " Email Address:` � � 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 By: A �. who is authorized to sign on behalf of the above�referenc;ed company. Authorized Signature Print Name: ., .._. . Title: 741 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 21st 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 Ted Carter Enterprises, Inc., dba Keys Sanitary Service, a Florida corporation whose address is 300 Central Ave., Key Largo, Florida 33070 (hereinafter referred to as "KSS" 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 Toter Containers 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 revised to add the following: This Agreement shall be extended by the parties for an additional five (5)year period to September 30, 2034, at the same terms and conditions, upon providing one hundred twenty (120) days written notice by electronic mail/email to the other party of its intent to extend the Agreement prior to the expiration of the current term of September 30, 2029. If such email notification is not provided and an extension of this agreement is not executed by the parties 1 742 then 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. The County/Franchisor shall have the sole exclusive option to extend the Agreement by formal Amendment, at the same terms and conditions,for an additional five (5)year period to September 30, 2039, upon one hundred (120)days written notice by electronic mail/Email to the Franchisee prior to the expiration of the extended term of September 30, 2034, if extended as set forth above. If such email notification is not provided this Agreement shall terminate on September 30, 2034, if extended period is exercised as set forth above. Monroe County shall have the right to unilaterally extend the term for a period of ninety(90) days under the same terms and conditions of the extended term. 2.The parties agree to amend paragraph 2. Definitions to add or revise certain definitions as follows: 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 2 743 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. 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 gage 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 and Regular Vegetative waste shall be properly containerized in Receptacles or otherwise prepared for 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 3 744 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 notification by the resident of the Dwelling Unit. 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.B.(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.)S. 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 4 745 Price Index for All Urban Consumers(CPIU)for,Water,Sewer,Trash index ending December 31", adjusted annually, and no more than 7%. 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 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 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 $ 22.29 (2x/wk.) Recycling $ 5.82 (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. 5 746 (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 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-BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12' 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. 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. 6 747 ATTEST: KEVIN MADOK,CLERK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BY: By:. As Deputy Clerk Mayor (Seal)ATTEST: FRANC E� r B BY: y. Title Tit( a 7 748 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Thursday, August 15, 2024 12:38 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 C27 BOCC 08/21/2024 REVISED BACKUP. Attachments: 8-14-24 KSS (02) Exhibit II Franchise Approved Rate Schedule.pdf, AIS C27.pdf Good Afternoon, Please be advised that the agenda item backup has been revised for item C27. "Approval to Enter into Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Ted Carter Enterprises, Inc., dba Keys Sanitary Service.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 C27 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: C27 2023-2835 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 Ted Carter Enterprises, Inc., dba Keys Sanitary Service. 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: This Extension and Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 (Agreement) extends the Agreement for a 5 year period. The parties wish to amend the Agreement as set forth herein which includes but is not limited to utilizing new 96-gallon Toter Containers 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. The Franchisee is willing and able to provide the collection service. 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). PREVIOUS RELEVANT BOCC ACTION: The BOCC approved contract amendments on the following dates. 1 August 17, 2005 January 28, 2009 Renewed and amended May 20, 2009, scheduled to terminate on September 30, 2014 On May 21, 2014, a new ten(10)year contract was negotiated, beginning October 1, 2014, and terminating on September 30, 2024. The Franchisor(county) shall have the exclusive option to extend the agreement by formal amendment, upon mutually agreeable terms and conditions for an additional five (5)year period. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: See attached extension and amendment. STAFF RECOMMENDATION: Approval DOCUMENTATION: KSS Second Extension and Amendment to the Solid Waste and Recycling Collection Franchise Agreement CLEAN version_ with extended 2039 sole option of County.pdf Key Sanitary WC COI August 2024.pdf Keys Sanitary Liability COI -August 2024.pdf 08-12-2024 KSS Signed Contract.pdf 8-14-24 KSS (02) Exhibit 11 Franchise Approved Rate Schedule.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 Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: 2 Grant: N/A County Match: N/A Insurance Required: Yes, COIs will be provided after approval. Additional Details: 3 EXHIBIT II APPROVED RATE SCHEDULE FISCAL YEAR 2024/2025 Residential Collection Rates (per unit) Services Curbside Service Solid Waste $22.29 (2x/wk.) Recycling $ 5.82 (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