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HomeMy WebLinkAboutItem C02 C2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: C2 2023-3935 BULK ITEM: Yes DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan No AGENDA ITEM WORDING: Approval to Enter into Amendment 6 to the Amended and Restated Solid Waste Haul Out and Operation Agreement with Waste Management of Florida, Inc. to clarify that the adjustments to the Operation and Disposal Fee will be in accordance with the Consumer Price Index for All Urban Consumers (CPIU) for, Water, Sewer, Trash index ending December 31. ITEM BACKGROUND: The County entered into the Amended and Restated Haul-Out, Transfer Stations, Operations and Maintenance Agreement(Agreement) on May 21, 2014, which was amended March 18, 2015, May 20, 2015, April 20, 2022 and July 20, 2022. The Agreement was extended for a 5 year term and amended by the Extension and Amendment 5 to the Amended and Restated Haul-out, Transfer Stations Operations and Maintenance Agreement dated September 11, 2024 (Amendment). The Amendment revised Sec. 3.04 to provide that the Operation and Disposal fee will be adjusted annually in accordance with the Consumer Price Index for All Urban Consumers for Water, Sewer, & Trash, but the contract language did not specify that is will be based upon the CPI rates ending December 31 st which is the index used in the Franchise Collection Agreements, so this amendment will clarify that the adjustments should be based upon the index ending December 31st to coincide with the Franchise Collection Agreements. PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved the prior haul out and operations contracts with Waste Management. The BOCC approved the most recent Amended and Restated Haul-out, Transfer Stations, Operations and Maintenance Agreement on May 21, 2014. The Board approved Amendments to the Agreement dated March 18, 2015, May 20, 2015, April 20, 2022, and July 20, 2022. 23 The Board approved the Extension and Amendment 5 to the Amended and Restated Haul-out, Transfer Stations Operations and Maintenance Agreement on September 11, 2024. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Revises contract language to clarify that the CPI index ending December 31 for Water, Sewer & Trash shall be used in annual adjustments to the Operation and Disposal Fee. STAFF RECOMMENDATION: Approval DOCUMENTATION: 6th AMEND MONROE COUNTY HAUL OUT TS WM SIGN 2025.pdf 2025 05 COI Waste Management GL AL WC exp 1.1.26 signed.pdf FINANCIAL IMPACT: Effective Date: 5/21/25 Expiration Date: 9/30/29 Total Dollar Value of Contract: Based upon disposal 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: Grant: N/A County Match: N/A Insurance Required: Yes. Certificate of Insurance is attached. Additional Details: 24 L0 N Amendment b to the Amended and Restated Haul-out,Transfer Stations Operations and Maintenance Agreement This Amendment 6 to the Amended and Restated Harrl-Oirt, Transfer Stations, Operations and Maintenance Agreement dated May 21, 2014 is entered into this 21" day of May, 2025 between Waste Management Inc. of Florida ("WM") and Monroe County Board of County Commissioners ("County" or"BOCC"). WHEREAS, the County entered into the Antended and Restated Haul-Out, Transfer Stations, Operations and Maintenance Agreement (Agreement) on May 21, 2014, as amended March 18, 2015, May 20, 2015 April 20, 2022, July 20, 2022 and as extended and amended on September 11, 2024; and WHEREAS, the Extension and Antendment 5 to the Amended and Restated Haid-out, Transfer Stations Operations and Maintenance Agreement dated September 11, 2024 revised Sec. 3.04 to provide that the Operation and Disposal fee will be adjusted annually in accordance with the Consumer Price Index for All Urban Consumers for Water, Sewer, & Trash, but the contract language did not specify that it will be based upon the CPI rates ending December 31 S` which is the index used in the Franchise Collection Agreements, so this amendment will hereby clarify that the adjustments should be based upon the index ending December 31`to coincide with the Franchise Collection Agreements; NOW THEREFORE, in consideration of the promises and the mutual obligations undertaken herein,the parties hereby agree as follows: 1. Section 3.04 shall be revised to read as follows: Effective October 1, 2025, the Operation and Disposal Fee 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. 2. The remaining terms of the Agreement, as amended, remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By:_ _....... m �m m mm By:., ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, As Deputy Clerk Mayor :I Co N Attest: WASTE MANAGEMENT INC. OF FLORIDA Lisa Silva Ass." ,. ,�° .. B By:. t. Secretary David Myhan President MONROE COUNTY ATTORNEY " APPROVED AS TO FORM ke C a CHRISTINE LIMSERT-BARROWS P"w SR.ASSISTANT 5?YYTLd�TTORNEY DATE: r y 71T2 (MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE I/I/202610/2024 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). CONCT PRODUCER Lockton Companies,LLC NAME DBA as LOckton Insurance Brokers,LLC in CA PHONE FAX CA license#OF 15767 E-MAIL o Ext: A/C No 3657 Briarpark Dr.,Ste.700 ADDRESS: Houston TX 77042 INSURER(S)AFFORDING COVERAGE NAIC# 866 260-3538 INSURER A:Indemnity Insurance Co of North America 43575 INSURED WASTE MANAGEMENT HOLDINGS,INC.&ALL AFFILIATEI I,INSURER B:ACE American Insurance Company 22667 1300299 RELATED&SUBSIDIARY COMPANIES INCLUDING: INSURER C:ACE Fire Underwriters Insurance Company 20702 WASTE MANAGEMENT OF THE FLORIDA KEYS,INC. INSURER D:ACE Property and Casualty Insurance Company 20699 125 TOPPING INDUSTRIAL DRIVE INSURER E ROCKLAND KEY FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: 3436215 REVISION NUMBER: XXXXXXX 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y HDO G48900793 1/1/2025 1/1/2026 EACH OCCURRENCE $ 5,000,000 DAMAGE TO CLAIMS-MADE � OCCUR PREMISES (E.occur RENTED ) $ 5,000,000 X XCU INCLUDED MED EXP(Any one person) $ XXXXXXX X ISO FORM CG00010413 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY PRO- ECTFxLOC PRODUCTS-COMP/OP AGG $ 6,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y y MMT H1082235A 1/1/2025 1/1/2026 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX X, OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident X MCS-90 $ XXXXXXX D X UMBRELLA LIAB X OCCUR Y Y XEU 27929242 010 1/1/2025 1/1/2026 EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 DED RETENTION$ $ XXXXXXX PER A AND EMPLOYERS'LIABILITY WORKERS COMPENSATION Y WLR C72629668(AOS) 1/1/2025 1/1/2026 X STATUTE OERH B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLR C72629620(AZ,CA&MA) 1/1/2025 1/1/2026 E.L.EACH ACCIDENT $ 3,000,000 C OFFICER/MEMBER EXCLUDED? ❑N N/A SCF C7262970A(WI) 1/1/2025 1/1/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 3,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 3,000,000 B EXCESS AUTO Y Y XSA H10822269 1/1/2025 1/1/2026 COMBINED SINGLE LIMIT LIABILITY $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW.CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES(EXCEPT FOR WORKERS'COMP/EMPLOYER'S LIABILITY)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.ADDITIONAL INSURED IN FAVOR OF MONROE COUNTY BOCC(ON ALL POLICIES EXCEPT WORKERS'COMPENSATION/EL)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. APPROVED BY RISK MANAGEMENT BY CERTIFICATE HOLDER DATE (/05.06.25 CANCELLATION WAIVER NIA YES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3436215 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF ACCORDANCE WITH THE POLICY PROVISIONS. COUNTY COMMISSIONERS 1100 SIMONTON STREET AUTHORIZED REPRESENTATIVE KEY WEST FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 27