Item C31 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16,2009 Division: Public Works
Bulk Item: Yes X No _ Department: Solid Waste Mtrmt.
Staff Contact/Phone No.: Rosa WashinZon/292-4432
AGENDA ITEM WORDING: Approval of Amendment to Franchise Agreement with Ted Carter
Enterprises, Inc. d/b/a Keys Sanitary Service, in order to permit the Franchisee to collect regular
vegetative waste at the same time that residential solid waste is collected.
ITEM BACKGROUND: .Keys Sanitary Service has requested approval to collect residential yard
waste at the same time that residential solid waste is collected in their franchise area covering Key
Largo (less that portion belonging to Ocean Reef Club, Loc. and Anglers Club Property). This change
will allow residents to receive two yard-waste collections each week,has eliminated a day when trucks
are in neighborhoods,and there is less wear and tear on roadways.
PREVIOUS RELEVANT BOCC ACTION: On April 19, 2006, the BOCC approved Waste
Management's request to collect residential yard waste with residential solid waste; on January 28,
2009, the BOCC approved the written amendment with Waste Management allowing this change,and
on March 18, 2009, the BOCC approved an amendment with Mid-Keys Waste approving this change
in their service area.
CONTRACT/AGREEMENT CHANGES: Amend various definitions and sections in the Solid
Waste and Recycling Collection Franchise Agri- ment to ratifj,mg in writing the approval to combine
and collect residential solid waste with regular yard waste,
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: n/a BUDGETED: Yes No
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AM7urchasing
NT PER MONTH Year
APPROVED BY: Count} Attyc O _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION------------------------------------------- AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keys Santa.Service, Lne. Contract#
Effective Date:
Expiration Date:
Contract PurposeMescription: Amend Solid Waste and Recycling Collection Franchise
Agreement to allow Franchisee to collect solid waste and re ttlar yard waste together
-----------------------------------------------------------------------------------------------------------------------------
Contract Manager: Rosa Washington 4432 Public Works -41
(Name) (Ext.) (Department/Stop
for BOCC meeting on September 16,2009 Agenda Deadline: September 1,2009
CONTRACT COSTS
Total Dollar Value of Contract: n/a Current Year Portion: n/a
Budgeted?YesM No❑ Account Codes:
Grant:
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: n/a /yT. For:
(Not included in dollar value above) (e.g
maintenance,utilities,jajuwrial,Wades,etc.)
CONTRACT REVIEW
Changes Date Out
TCaReviewerDivision Director YesEl No (Y C.
ana�ement Risk M YesE]No2 TM
'ing Yeso No O.M.B/Purch% Qkc
County Attorney Yes n Nog]
Comments:
AMENDMENT TO FRANC111SE AGREEMENT
(Solid Waste and Recycling Collection)
This Amendment to Franchise Agreement is made and entered into this g _day
of �g�+� 2009, between the BOARD OF COUNTY COMMISSIONERS OF
MONRO COUNTY, FLORIDA, a political subdivision of the State of Florida, hereafter
"Franchisor,"and TED CARTER.ENTERPRISES, INC. D/B/A KEYS SANITARY SERVICE,
hereafter "Franchisee," in order to amend the Franchise Agreement between the parties dated
May 19, 2004, as amended on February 15, 2006, and renewed on May 20, 2009, (copies of
which are incorporated hereto by reference).
WHEREAS, the parties have determined that it is to their mutual benefit and interest to
amend the Franchise Agreement to permit the Franchisee to collect Regular Vegetative Waste at
same time that Residential Solid Waste is collected;
NOW, THF.REFOR.E, in consideration of the mutual promises and covenants set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
1. Section 2.M.is hereby amended to read as follows:
"M. Containerized Residential Solid Waste Collection Service shall mean solid waste
collection service of all Dwelling Units whose Garbage„ Rubbish, Bulk Trash or Vegetative
Waste is collected by means of a central or shared Container and not by means of a Garbage
Receptacle. Vegetative Waste may be commingled with Garbage,but not with Rubbish or Bulk
Trash,,"
2. Section 2.11. is hereby amended to read as follows:
"IT. Residential Solid Waste shall mean Garbage, Rubbish, Bulk Trash and Vegetative Waste
resulting from the normal housekeeping activities of a Dwelling Unit. Vegetative Waste may be
commingled with Garbage,but not with Rubbish or Bulk Trash."
3. Section 2.RR.is hereby amended to read as follows:
"RR. Vegetative Waste—Regular shall mean any vegetative matter generated from the yard
and landscaping maintenance of the property of a Dwelling Unit and shall include materials such
as tree and shrub trimmings, grass clippings, palm fronds, small tree branches and other matter
usually produced as refuse in the care of lawns, landscaping and yards which shall not exceed
four(4) feet in length and/or 4" in diameter. Such waste shall be tied in bundles or placed in
containers which are susceptible to normal loading and collection as other Residential Solid
Waste. If containers are used, they shall meet or exceed the Franchisor specification for such
containers. No bundle or filled container shall exceed fifty (50) pounds in weight. Regular
Vegetative Waste may be commingled with Garbage,but not with Rubbish or Bulk Trash.
4. Section 4(A)(1)is hereby amended to read as follows:
"(1) Conditions and Frequency of Service.
All curbside Residential Solid Waste and Regular Vegetative Waste shall be properly
containerized in Garbage Receptacles or otherwise prepared for collection. Regular
loft
Vegetative Waste does not need to be separated from Residential Solid Waste. No
filled receptacle or bundle shall exceed fifty(50)pounds in weight. (Regular vegetative
waste will be as defined in Section 2.RR). Curbside Residential Solid Waste and
Regular Vegetative 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 regularly scheduled pick-up days. Oversize vegetative waste
and bulk trash as defined in Section 2.SS.and 2.C. of the Collection Agreement shall be
picked-up by the Franchisee within seven (7) calendar days of the notification by the
resident of the Dwelling Unit. Oversize vegetative waste and bulk trash must be placed
at the usual accessible pick-up location."
5. Section 15 is hereby amended to read as follows:
"15. VEGETATIVE WASTE:
The Franchisee wi.11 collect Regular Vegetative Waste when collecting Residential Solid
Waste in accordance with section 4(A)(1). Vegetative Waste shall, however, be
collected separately from Commercial Solid Waste and Recyclable Materials. All tree
and shrub trimmings,grass clippings,palm fronds and all tree branches or other similar
loose waste shall be tied in bundles or placed in containers. Oversize Vegetative Waste
must be no more than six(6)feet in length and placed neatly at the curb."
6. Section 19(A)(3)(d)is hereby amended to read as follows:
"d. Commingling Solid Waste with Recyclable Materials,
C,&D Materials or other waste material: S 100.00 per incident"
7. In all other respects, the original agreement between the parties dated May 19, 2004, as
amended and renewed,remains in full force and effect.
N WITNESS WFlEREOF,the parties have hereunto set their hands and seal,the day and
year first written above.
(Seal) BOATED OF COUNTY COMMTSION.ERS
Attest: DANNY L.KOLI-IAGE,CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayo r/Chai.rman
TED CARTER ENTERPRISES,INC.
Witness D/B/A KEYYS I Y -RV CE
Witness Prey ent or per: wwith au h y to sign
Title k
sls"TA,
Dad e `
I
AMENDMENT AND 1ST RENEWAL OF FMCHISE AGREEMENT
(Solid Waste and Recycling Collection)
This Amendment and 0 Renewal of Franchise Agreement is made and entered into this
20d' day of May 1 2009, between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereafter "Franchisor," and TED CARTER ENTERPRISES, INC. D/B/A KEYS
SANITARY SERVICE, hereafter "Franchisee," in order to amend and renew the Franchise
Agreement between the parties dated May 19, 2004, as amended on February 15, 2006, (copies
of which are incorporated hereto by reference).
WHEREAS, the parties have agreed to collaborate to help increase Monroe County's
annual recycling rate to forty percent(40%)by 2014, and
WHEREAS, the Franchisee has agreed to assist the County in capturing recycling
numbers from commercial businesses that haul out their own recyclables, and
WHEREAS, the Franchisee has agreed to annually purchase 18 gallon residential
recycling bins for their service area, and to increase the franchise fee paid by the Franchisee to
the Franchisor from 3% to 5% to fund a countywide recycling program consisting of County
staff, public educational materials, brochures, and premiums, and
WHEREAS, the Franchisor has agreed to provide the Franchisee with a diesel fuel
surcharge adjustment on an annual in-arrears basis effective October 1, 2010, and every October
I thereafter to reflect any changes in the cost of diesel fuel for the preceding year ending in
February, and
WHEREAS, the parties have determined that it is to their mutual benefit and interest to
amend and renew the Franchise Agreement for Solid Waste and Recycling collection;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
1. Section I —TERM, is hereby amended to read as follows:
441. TERM:
The term of this Agreement shall be for the period beginning 12:01 AM October 1,
2009, and terminating 11:59 PM September 30, 2014, provided that the Franchisor
shall have the option to extend the contract, upon mutually agreeable terms and
conditions, for an additional five (5) year period, upon one hundred twenty (120)
days written notice to the Franchisee prior to the expiration of the current term of this
Agreement."
2. Section 2(PP) is hereby amended, to correct the Exhibit number listed for Special
Services, as follows:
"PP. Special Services shall mean any services requested or required by the
customer which are in addition to, or a change in, Residential Solid Waste Collection
Amendment& I"Renewal of Franchise Agreement
Service, Residential Recycling Collection Service, Commercial Recycling Collection
Service, and Commercial Solid Waste Collection'' Service as set out or similar to
those listed in Exhibit V."
3. Section 4(A)(2) is hereby amended, to correct the Exhibit number listed for Special
Services, as follows:
"(2)Accessibility
All Residential Solid Waste to be collected shall be placed within six (6) feet of the
curb, paved surface of the roadway, closest accessible right-of-way, or other such
location agreed to by the Franchisee that will provide safe and efficient accessibility
to the Franchisee's collection crew and vehicle. Enclosures for garbage receptacles
shall be within six (6) feet of paved surface or right of way. Fixed or permanent
enclosures shall have a street side opening for the removal of the garbage receptacle.
Enclosures that do not have a street side opening shall be limited to thirty-six (36)
inches in height. For purposes of this Agreement, roadway or right-of-way means a
road owned and maintained by the County, or a road on private property for which
an easement has been granted to the public and such road is constructed and
maintained to County road standards. Where the resident of a Dwelling Unit is
physically disabled and unable to deliver Residential Solid Waste or vegetative waste
to curbside and this is certified by the Contract Administrator, or the residential
structure is located in such a manner as to provide non-accessibility to the
Franchisee's crew or vehicle, an alternative location may be arranged between the
customer and the Franchisee at no extra cost to the customer. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate
the dispute and designate the location for pick-up. If the resident requests special
services, these services shall be billed directly to the customer by the Franchisee in
accordance with Exhibit V. Billing for these servilces shall be reported in a format
prescribed by the Contract Administrator. In the event that a special service request
is not listed in Exhibit V, charges for such services shall then be established through
negotiations between the Franchisee and the customer. In the event the customer and
the Franchisee cannot reach an agreement on the cost, the Contract Administrator
will determine the cost."
4. Section 5(G)(1) is hereby amended to read as follows:
"(1) Throughout the term of this agreement and any renewal period, the Franchisee will
purchase at its expense, and at residential customers' request, supply to residential
customers a sufficient number of 18 gallon Recycling Containers per year for use within
the Service Area (limited to two (2) recycling containers per Residential Unit).
Franchisee will also replace at its expense any Recycling Container damaged through the
fault or negligence of the Franchisee or its employees."
5. The first paragraph of Section 6(B) is hereby amended)to read as follows:
`B. Solid Waste and Recycling Collection Rate Adjustments:
Amendment& 0 Renewal of Franchise Agreement 2
i
For all Collection services, the charges shall be initially based on the rates
established in Exhibit 11, and as subsequently adjusted pursuant to this
Agreement. The Franchisee shall receive an annual adjustment in the Residential
Solid Waste Collection Service, Commercial 'Recycling Collection Service,
Commercial Solid Waste Collection Service and residential Recycling Collection
Service rates. The adjustment shall be madel to the combined category of
Residential Solid Waste Collection Service and to Residential Recycling
Collection Service and, separately to the combined category of Commercial Solid
Waste Collection Service and Commercial Recycling Collection Service. At the
end of the first year of this Agreement the adjustment might be made in
accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI-U) for the most recent 12 months available, ending in February.
Effective October 1, 2009, contingent upon Board of County Commission
approval of the annual rate adjustment, the Franchisee will receive, in additional
to the annual CPI adjustment, an additional rate adjustment of$.98 per month per
Residential Unit, $.10 per cubic yard for Commercial Solid Waste Collection and
$.10 per cubic yard for Commercial Recycling Container Collection."
6. Section 6(E)is hereby amended to read as follows:
"E. Franchise Fee:
To compensate for the cost of administration, supervision, inspection, and to fund a
countywide recycling program, consisting of County staff (labor, benefit and
operating costs), public education materials, brochures, and premiums, rendered for
the effective performance of this Agreement, the Franchisee shall pay to the
Franchisor a fee of five percent (5%) of all gross revenues charged, collected or
received arising out of any services or operations conducted in the Service Area.
Commercial solid waste disposal costs, commercial recycling collection costs,
commercial recycling processing costs, any revenue paid to the Franchisee as a result
of the diesel fuel surcharge adjustment per section 6(F), and any credit card
convenience fee received by the Franchisee from customers using credit cards, shall
be deducted from the gross revenue total prior to applying the 5% for calculation of
the franchise fee due to the Franchisor. Franchise fees shall be payable within forty-
five(45)days of the last day of each calendar quarter."
7. Section 6(F) is hereby added to read as follows:
"F. Diesel Fuel Surcharge:
The Franchisor shall, on a yearly basis, pay the Franchisee a diesel fuel surcharge
adjustment to reflect any change in the cost of diesel fuel as determined by reference
to the Energy Information Administration of the US Department of Energy
("EIA/DOE") website that reports average prices of diesel fuel for the "Lower
Atlantic" United States. The link is as follows:
http://tonto.eia.doe.gov/oov-/info/wohdp/diesel.asp_ The Franchisee shall submit to
the Franchisor, no later than the 10"' of the followi Ig month, a report listing the total
number of gallons and cost of diesel fuel purch ed in the previous month and
include copies of diesel fuel supplier invoices and individual service area truck
Amendment& I'Renewal of Franchise Agreement 3
I
fueling tickets. The annual diesel fuel surchar e adjustment shall be effective
October 1, 2010 and every October I thereafter. A ler determining the average price
of diesel fuel from the aforesaid website ("EIA/DC E fuel cost") for the immediately
preceding
ng 12 month period ending in February, the corresponding fuel cost modifier
will be calculated pursuant to the following table, ' ased on Franchisee's total diesel
fuel expenditures from March I to February 28/; of each year. Note that for
adjustments not shown on the table, the calculation shall be extrapolated from those
set forth:
TABLE FOR FUEL SURCHARG CALCULATION
Percent Percent of
Average of Surcharge
Price/Gallon Surcharge Av ra ge Price/Gallon
$1.045 To $1.135 -10.00% $2.45 to $2.554 3.670%
$1.136 To $1.226 -9.00% $2.55, to $2.654 4.00%
$1.227 To $1.317 -8.00% $2.65$ to $2.754 5.00%
$1.318 To $1.408 -7.00'D/o $2.75 to $2.854 6.00%
$1.409 To $1.499 -6.00% $2.85 to $2.954 7.00%
$1.500 To $1.590 -5.00% $2.95 to $3.054 8.00%
$1.591 To $1.681 -4.00% $3.05 to 1 $3.154 9.00%
$1.682 To $1.772 -3.00% $3.15 to $3.254 10.000//0-
$1.773 To $1.863 -2.00% $3.255 to $3.354 11.00%
i
o
$1.864 To $1.954 -1.00% $3.3515 to $3.454 12.00%
$1.955 To $2.054 0.00% $3.455 to $3.554 13.00%
$2.055 To $2.154 0.000/0 $3.55 to $3.654 14.00%
$2.155 To $2.254 0.00% $3.65 to $3.754 15.00%
$2.255 To $2.354 1.00% $3.75$ to $3.854 16.00%
To 1 $2.454 2.00% 1 $3.85$ to $3.954 17.00%
8. Section 6(6) is hereby added to read as follows:
46G. Convenience Fee:
In addition to the Special Service Rates charged pursuant to Article 8 and Exhibit V,
Franchisee may include a convenience fee charge on customers using a credit card to
pay special service charges. The convenience fee shall be a "pass through" fee and
will not exceed the fee charged by the customeb 's credit card company to the
Franchisee for the use and processing of the charge.,'
9. Section 8 is hereby amended to correct the Exhibit number listed for Special Services,
as follows:
"8. SPECIAL SERVICES
Amendment& 1 sRenewal of Franchise Agreement 4
Rates charged for Special Services may not exceed the special services rates as listed
in Exhibit V, and as subsequently adjusted pu�suant to this Agreement. The
Franchisee shall receive an annual adjustment to the Special Services Rates in
accordance with the percentage change in the Co#Sumer Price Index for all urban
consumers (CPI-U) for the most recent 12 months available, ending in February. In
the event the requested special service is not 1 included within Exhibit V, the
Franchisee may negotiate with the customer for the rate. Upon failure of the parties
to reach an agreement on the rate, the Contract Administrator shall establish the rate.
The Franchisee shall be responsible for billing and collection of payment for all
Special Services."
10. The third paragraph of Exhibit III titled "Special Services" is hereby amended to read
as follows:
"SPECIAL SERVICES
If a customer requests, the Franchisee may provide ispecial services for the collection
of Commercial Solid Waste such as rolling Containers out of storage areas, opening
doors or gates for access, or other such special services. However, such special
services may be provided by the customer, through pts own or other personnel. If the
Franchisee provides special services, such charges i must be separately stated under
the '.'RATES FOR SERVICES" Disclosure Statement. The maximum for these
special service rates are fixed by the Board. A copy of these rates can be obtained
from the Franchisee or the Contract Administrator. A convenience fee imposed
pursuant to Article 6(G) may be included in the cost of the special service."
11. The second page of Exhibit III is hereby amended to read as follows:
"RATES FOR SERVICES DISCLOSURE STATEMENT
Franchise Name: Date of Agreement:
Customer Name: Service Date:
Customer Address: Begin:
Customer Phone End:
Level of Service:
Item Monthly Cost
Cost of Collection of Solid Waste
Cost of Disposal of Solid Waste
Cost of Container Maintenance for Solid Waste
Itemized Charges for Special Services
Convenience Fee
Total
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT
REGULATED BY THE BOARD OF COUNTY COVMISSIONERS OF MONROE
COUNTY. SHOULD YOU HAVE ANY QUESTIONS RELATING TO THESE RATES,
PLEASE CALL THE SOLID WASTE MANAGEME-4T DEPARTMENT (305) 292-
4432."
Amendment& I'Renewal of Franchise Agreement 5
12. Exhibit V Special Services is hereby amended to read ias follows:
"EXHIBIT V
SPECIAL SERVICES
RATES DETERMINE BY THE FRANCHISOR
Rolling Out Container(and returning $3.44
it to original location)
Back Door Service(Residential Negotiable
Curbside Only)*
Opening (and closing) Doors or Gates $1.15
Locks for Containers $11.46(one time)
Charge for Replacement based on
Cost+ 10%
Unlocking Containers $1.55
Supplying(and retrofitting) locking $68.77
Mechanism on container"
Adding wheels to or changing wheels No Charge
on 1, 2,and 3 and Containers only
Moving Container Location(if $34.39
Feasible)Per Customer Request
Adding lids to or changing lids on No Charge
Containers
Set up and Return Fees $28.65
Credit Card Convenience Fee Not to exceed fee charged
by customer's credit card company
*There will be no charge for those residents medically unable to bring solid waste or
recyclables to curbside as delineated in Section 4. Back door service to all other customers
may be offered by the Franchisee.
"Determination of necessity of locking mechanisms is based on customer requirements."
Amendment& I-q'Renewal of Franchise Agreement 6
13. In all other respects, the original a-reen-ient between the parties dated May 19, 2004, as
amended on February 15, 2006, remains in full force and effect.
NESS WHEREOF, the parties have hercuhto set their hands and seat, the day and
bove.
18 23
BOARD OF COUNTY COMN41SIONERS
KOLFIAGE, CLERK OF MONROE COUNTY, FLORIDA
By:
eputy Clerk Mayor/Chairnian
TED CARTER—- ---------- ,F7NTERPRISFS, INC.
Witness D/B/A KEY 46 RV E
By:
Witness Pre.;ident or p on with A;Vority to sign
Title:
r*4
COUNTY AT' RN
C M
M0NR
0V AST-
j. M CA CD;:0 PE 0 NEYs N COU Y —0
ASSIST — rrl
Date
C
C�l
cz
Amendment& I"Renewal of Franchise Agreement 7
AMENDMENT TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREE I NT
THIS AMENDMENT is entered into this ISA4 lay of4X&At4AAe ,2006,by and between
Monroe County,a political subdivision of the State of Florida,("Coun "),and Ted Carter Enterprises,
Inc.DBA Keys Sanitary Service,a Florida Corporation,("Operator").
WHEREAS,on May 19,2004,the parties entered into that certain SOLID WASTE AND
RECYCLING COLLECTION FRANCHISE AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AND TED CARTER ENTERPRISES,INC.DBA
KEYS SANITARY SERVICE of Florida(the"Agreement")for the collection and management of
solid waste and recyclables;and
WHEREAS,the parties have determined that it is to their mutual benefit and interest that the
term of the Agreement be modified;
NOW,THEREFORE, in consideration of the mutual promises and covenants set forth herein
and for other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows;
1. All capitalized terms shall have the meanings given them in the agreement unless
specifically noted or the context of usage requires otherwise.
2. Section 6B is modified as follows:
B. Solid Waste and Recycling Collection Rate Adjustments:
For all Collection services,the charges shall be initially based on the rates established in
Exhibit II,and as subsequently adjusted pursuant to this Agreement.The Franchisee shall
receive an annual adjustment in the Residential Solid Waste Collection Service,Commercial
Recycling Collection Service,Commercial Solid Waste Collection Service and Residential
Recycling Collection Service rates.The adjustment shall be made to the combined category of
Residential Solid Waste Collection Service and to Residential Recycling Collection Service
and separately to the combined category of Commercial Solid Waste Collection Service and
Commercial Recycling Collection Service. At the end of the first year of this agreement the
adjustment might be made in accordance with the percentage change in the Consumer Price
Index for all urban consumers(CPIU)for the most recent 12 months available.
If the Franchisor shall determine a need for same and upon 120 days'written notice by the
Franchisor the year following the Franchisee's fiscal year hereby defined as January 1 through
December 31, the Franchisee shall deliver to the Franchisor,in a format shown in Exhibit
IV,(as may be further revised by the Contract Administrator from time to time),a compiled
Financial Statement including at a minimum,a balance sheet and an income statement
representing the financial position and the results of operations respectively of the Franchisee
in each service area.The report will be prepared by a Florida Certified Public Accountant,
who has conducted a compilation of the Franchisee's books and records in accordance with
generally accepted accounting standards.
The Franchisor and Franchisee understand and agree that time is of the essence regarding
receipt of the compiled financial statement. Therefore,if the franchisee fails to provide the
Franchisor with the financial statement on or prior to the date prescribed herein,the
Franchisee shall pay the sum of one hundred dollars($100.00)per day for each calendar day
the submittal is late.No extension will be granted except for uncontrollable circumstances
as referred to in Section 21.No rate adjustment of any type will be granted to the Franchisee
unless all required financial statements have been filed in a timely manner.
3. Section 27 is modified as follows:
The Franchisee shall maintain within Monroe County adequate records of all Solid Waste
collection and recycling services.The Franchisor or its designee shall have the right to review
all records maintained by the Franchisee upon 24 hours written notice.If the Franchisor shall
determine a need for same and upon 120 days written notice by the Franchisor in the year
following the Franchisee's fiscal year,hereby defined as January 1 through December 31
financial statements will be prepared by a Florida independent certified public accounting
firm prepared in accordance with generally accepted accounting principles,pertaining only to
each individual Collection Agreement and Service Area,shall be delivered to the Franchisor
no later than April 30 of the year following the Franchisee's fiscal year,hereby defined as
January 1 through December 31.No extensions will be granted except for uncontrollable
circumstances as referred to in Section 21.No rate adjustment of any type will be granted
to the Franchisee unless all required financial statements have been filed in a timely manner.
Franchisee shall maintain all books,records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles
consistently applied.Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement.
4.Exhibit IV,page 1,is modified as follows:
EXHIBIT IV
FINANCIAL REPORTING FORMAT
The Franchisee shall submit to the Franchisor a compiled operating cost statement prepared in
accordance with generally accepted accounting standards.
The Franchisee shall disclose as part of the Statement of Income and Expense all methods of
allocations used to distribute costs between commercial and residential operations.The
disclosure shall be in narrative form and include the basis for the allocation method.
The Franchisee shall provide a description of the expenses classified as Other Operating
Costs and Other General and Administration.
Any allocations made will need to be disclosed in a narrative format,along with the basis for
those allocations.Additionally,it is understood that each Franchisee shall utilize the accrual
basis of accounting for income and expenses.
Attached is the required format for financial statement reporting in accordance with this
Franchise Agreement.
5.Except as provided in this Amendment,in all other respects the terms and conditions of
the May 19,2004 Agreement remain in full force and effect.
THIS AMENDMENT SHALL BE RETROACTIVELY EFFECTIVE FOR FISCAL
YEAR 2005 AND SHALL REMAIN EFFECTIVE THROUGH THE END OF THE
FRANCHISE AGREEMENT.
1111� RYW the parties hereto have set their hands and seals the day and year
P } rl
x BOARD OF COUNTY OMMISSIONERS
ATE OF MONROE COUN FLORIDA
DANt L;KQ - E,CLERK
«-w-.-r By:
Deputy Clerk Mayor/Chairperson
(SEAL) TED CARTER ENTERPRISES,INC.DBA
ATTES SANITARY SERVIC
By:
Title er itle: r bi
State of Florida
County of Monroe
On this I Ith day of January, 2006, PERSONALLY APPEARED BEFORE ME,the
above signed authorities, John E. Carter, Jr., and John E. Carter, Sr. to me known to
be the persons who executed foregoing instrument and acknowledged that they
executed the same as their free act and deed. EIRMEM,..•• } a eenrne
= MY COMMISSION#DD 161150
EXPIRES:October 27,2006
Banded Thru Notary Pubk Underwriters
Nota Public Signature Notary Stamp
John E. Carter, Jr. and John E. Carter, Sr. are personally known to Notary Public.
CD q...
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Solid Waste and Recycling
Collection
Franchise Agreement
Between
The Board of County Commissioners of Monroe County
and
Keys Sanitary Service
TABLE m'CONTENTS
Page
/. TERM:...................................................................... ........................................................................................................................ |
z. DEFINITIONS:................. ................................................................... .................... ... ........ ....................... ............ .................../
3. SERVICES PROVIDED BY FRANCHISEE:...................... ................................................................................................. ----'o
A. Exclusive Franchise Granted ..................-------—................................— ......-----------------------�x
B. Responsibility For Service Billing and Collection ...................................................... .......................................... ..............o
c� Emergency Service Provisions----------------- .........................................................................................«
D. Service m Selected County Agencies.--------------------'-------------'»
4. SOLID WASTE COLLECTION SERVICES: *
^. Curbside Residential Solid Waste,Vegetative Waste,and Bulk Trash Collection Services....................................................»
(0 Conditions and Frequency^r Service...................................................................................................................y
(z) Accmsimiur. ....................................................................................................................................................m
B. Containerized Residential Solid Waste Collection Service...................................................................................................||
(1) Conditions and Frequency v/Service:.................................................................................................................||
C. Commercial Solid Waste Collection Service.........................................................................................................................|/
(V Conditions and Frequency of Sonue: ..................................................................................................... _ ....//
(2) Method^r Collecting..........................................................................................................................................o
(3) Level,Type and Disclosure or Rates for Commercial Collection and Other Services ........................................u
D. flours v/ox|mmm:.........................................................................................................................................................'u
E� Routes and Schedules:.............................................................................................................................. ......................o
5. RECYCLING COLLECTION SERVICE:..............__................................................................................................................../s
A. Curbside Residential Recycling Collection Services.............................................................................................................w
(/) Conditions and Frequency or Service:...................................... .........................................................................w
(z) Accessibility for Curbside Recycling Collection:.................................................................................................w
B. Containerized Residential Recycling Collection Service.............................---- ............................................................w
(n Conditions and Frequency or Service:.................................................................................................................w
(z) Accessibility and Schedule for Containerized Residential Recycling Collection:.................................................m
C. Commercial Recycling Collection Service:............................................................................................................................n
(o Conditions and Frequency o/Service:.................................................................................................................n
(2) Level,Type and Disclosure mr Rates for Commercial Recycling Collection and Other Services:..........................|6
(3) Ownership:........................................................................................................................... ............................ r
D. Method m Payment:................................................................................................................. —.....................................n
EHours o/omecti^n:........................................................................................................ ................................................n
F. xvm, mmxohexumo---------------------------------------------------'m
G. Replacement vr Recycling Containers for Residential Dwelling Units:.................................................................................m
x Manner"/Collection:----------------------------------------------------m
/ Material Recycling Facility:........................................................... ' -- ......-- ........ ... --......................................m
ii
J. Change in Scope of Recycling Collection Service:..............................................................................................................19
6. CHARGES,RATES AND LEVEL OF SERVICES:...............................................................................................................................19
A. Obligation of Franchisor for Billing,Collection,and Payments.............................................................................................19
(1) Specific Responsibilities:........................................—.......................................................................................19
(2) Units Omitted From Annual Roll:........................................................................................................................20
B. Solid Waste and Recycling Collection Rate Adjustments:..................................................................................................20
C. Solid Waste Disposal and Recycling Processing Costs:........................................................................................................21
D. Extraordinary Rate Adjustment:...........................................................................................................................................22
E- Franchise Fee:..................................................... ....—.................----.............................................................22
7. HOL,IDAYS:..........................................................................................................................................................................................22
A- Service Fee. . ..........................._.. ...........-..................................................................22
8. SPECIAL SERVICES:..........................................................................................................................................................................23
9. PUBLIC AWARENESS PROGRAM:.............................................................................................---—................................................23
10. MANNER OF COLLECTION:.............................................................................................................................................................23
11 PERSONNEL OF THE FRANCHISEE:..........................................................................................................................................24
12. SPILLAGE:.......................................................................................................................................................................................24
13. SOLID WASTE AND RECYCLING FACILITIES:.............................................................................................................................24
14. COLLECTION EQUIPMENT:...............................................................................................................................................................25
15. VEGETATIVE WASTE:....................................................................................................................................................................26
16- SPECIAL WASTE,HAZARDOUS WASTE,BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE:................................26
ITOFFICE:.............................................................................................................................................................................. ..............26
18. COMPLAINTS:....................................................................................................................................................................................26
19. QUALITY OF SERVICE:................................................................................................................................................_..................27
20. FILING OF REQUESTED INFORMATION AND DOCUMENTS:...................................................................................................29
21. UNCONTROLLABLE CIRCUMSTANCES:.......................-..................---- .... .-- . ............................. .........................30
22. PERMITS AND LICENSES:.._................................................................._........... ...........................................................................30
23. PERFORMANCE BOND:................................................. . .......................-.........._ _....-----------------...........................30
24- WORKER'S COMPENSATION INSURANCE:............................. ........................._....-._ _..............................................................31
111
25. LIABILITY INSURANCE:.....................................................................................................................................................................31
26. INDEMNITY:..............___........ _........................................_................___-----......._..---..._..............._............._.............................32
27. ACCESS TO FRANCHISEE BOOKS AND RECORDS:......... .........................................................................................................32
28. POINT OF CONTACT':... ......................................................... _............---------_............................................................_......_..__33
29. NOTICE:....................................... .......................................................................................................................................................33
30. DEFAULT OF CONTRACT:........................_......------- .........................................._................._.......33
31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR CHANGE IN LAW:................................................ 36
32. RIGHT TO REQUIRE PERFORMANCE:...........................................................................................................................................36
33. TITLE TO WASTE:...............................................................................................................................................................................36
34. GOVERNING LAW AND VENUE:......................................... .__..._...._............... ------------.. ....--..................__.........................37
35. COMPLIANCE WITH LAWS:............................................................................................................................................................37
36. SEVERABILITY:........._..........................._._.................................._..... ........................................................_.............._............_..37
37. ASSIGNMENT AND SUBLETTING:..................................................................................................................................................37
38. MODIFICATIONS:__......._. ........_.._..........._... . ........_........__...._............................ -- ..._.. ........................................_........38
39. INDEPENDENCE OF AGREEMENT:.................................................................................................................................................38
40. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT:................................................................
41. OTHER RATE ADJUSTMENTS:......................................................................................................................................... ........39
42. EXISTING OR PRIOR AGREEMENTS:...................................................._. ..... ................................................................_.._......39
43. ATTORNEY'S FEES AND COSTS:.................. .................. .............................._....................................._.... 39
44. BINDING EFFECT-:.............. .............................. ......................................... ........................................._ 39
45. AUTHORITY::................................................... ........................................ ................................. ...... 39
46. CLAIMS FOR FEDERAL OR STATE AID:.. _............................._.....................__. ................................___ 39
47. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:....................................................................................... 40
48. NONDISCRIMINATION:.......... ___. ._.. ....................... ... ......_............... .....__...................._._. .-....--___40
49. COOPERATION:.............................................................._............................................................._.......__40
50. COVENAMTOFNO INTEREST- _ .___ __ ....... ._......_................ ...__ _...41
51 CODF.OF ETHICS:............. ......_. .._..................................._._................_..........._............................. .__.41
52. NO SOLICITATION/PAYMEN'1.. .._ _ _........ .._ ._...__........_ __. .. ..._..............._.... ._._.. ._. Al
1V
53. PUBLIC ACCESS:....................... ................................... ............... 41
54. NON-WAIVER OF IMMUNITY:......... ......................._...... -_.._.. ......._.._........._._......................._.............._41
55. PRIVILEGES AND IMMUNITIES:............... ......... .............. .......... .. ...... .......... .............42
56. LEGAL OBLIGATIONS AND RESPONSIBILITIES;NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES:.42
57. NON-RELIANCE BY NON-PARTIES:........................ ................. .......................................... ..42
58. ATTESTATIONS:........._.............................. ..................._._........._....._.._.......__._...............................42
59. NO PERSONAL LIABILITY:............................. . ............................................................._...........................42
60. EXECUTION IN COUNTERPARTS:........_... ............. ......... ..................... ................................. ..............43
61. SECTION HEADINGS:................................................................... ............. . - ..........................43
EXHIBIT I DESCRIPTION OF BOUNDARIES OF SERVICE AREA..................................................................................................................44
EXHIBIT 11 APPROVED RATE SCHEDULE........................................................................................................................................................45
EXHIBIT Ill DISCLOSURE OF SERVICE RATES..............................................................................................._..............................................46
EXHIBIT IV ANNUAL FINANCIAL REPORTING FORMAT.................................................................................._..........................................48
EXHIBITV SPECIAL SERVICES........................................................................................................................................................................50
EXHIBIT VI PERFORMANCE BOND SLIDING SCALE..................................................._................................_......................_..-.----.._........51
V
1
2
3 SOLID WASTE AND RECYCLING COLLECTION
4
5 FRANCHISE AGREEMENT
6 `!
8 THIS AGREEMENT, made and entered into this Z day of , 2004, between
9 the Board of County Commissioners of Monroe County, a political subdivision of the State
10 of Florida, hereinafter referred to as "Franchisor" and Keys Sanitary Service hereinafter
11 referred to as "Franchisee".
12
13 In consideration of the mutual benefits, the parties herein agree as follows:
14
15 1. TERM:
16
17 The term of this Agreement shall be for the period beginning 12:01 AM October 1,
18 2004 and terminating 11:59 PM September 30, 2009 provided that the Franchisor
19 shall have the option to extend the contract, upon mutually agreeable terms and
20 conditions, for an additional five (5) year period upon one hundred twenty (120)
21 days written notice to the Franchisee prior to the expiration of the current term of
22 this Agreement.
23
24 Monroe County's performance and obligation to pay under this contract is
25 contingent upon an annual appropriation by the Board.
26
27 2. DEFINITIONS:
28
29 A. Biohazardous or Biomedical Wastes shall mean those wastes which may
30 cause disease or reasonably be suspected of harboring pathogenic
31 organisms; included but not limited to, waste resulting from the operation
32 of medical clinics, hospitals, and other facilities producing wastes which may
33 consist of, but are not limited to, diseased human and animal parts,
34 contaminated bandages, pathological specimens, hypodermic needles,
35 contaminated clothing and surgical gloves.
36
37 B. Board shall mean the Board of County Commissioners of Monroe County.
38
39 C. Bulk Trash shall mean any non-vegetative item which cannot be
40 containerized or bundled; including, but not limited to inoperative and
41 discarded refrigerators, ranges, toilets, clothes dryers, bath tubs, water
42 heaters, sinks, bicycles and other similar domestic appliances, household
43 goods, furniture and carpeting. Carpeting will be picked up by the
1
I Franchisee if cut to lengths of six (6) feet or less and bundled. Items must
2 be generated from the property of a Dwelling Unit. Home Improvements;
3 which includes, but is not limited to; cabinets, dry wall, lumber, paneling
4 and other such construction related materials are not considered bulk trash.
5
6 D. Collection shall mean the process whereby Residential Solid Waste,
7 Commercial Solid Waste, and Recyclable Material is removed and
8 transported to a designated facility.
9
10 E. Collection Agreement or Agreement shall include this document. All
11 amendments and exhibits thereto shall be made in writing and shall be the
12 written document between the Franchisor and the Franchisee governing the
13 provision of services as contained herein.
14
15 F. Commercial Solid Waste shall mean Garbage, Vegetative Waste, and
16 Rubbish that is not Residential Solid Waste.
17
18 G. Commercial Recycling Collection Service shall mean the collection of
19 recyclable materials by the Franchisee from business entities and any or all
20 collection services not covered in JJ. within the service area.
21
22 H. Commercial Solid Waste Collection Service shall mean the collection of
23 Commercial Solid Waste within the service area. Such service includes both
24 Containers and Compactors, but does not include Specialty Hauler Roll-off
25 Collection Service.
26
27 I. Compactor shall mean any container which has compactor mechanism(s),
28 whether stationary or mobile, all inclusive.
29
30 J. Construction and Demolition Debris (C&D) shall mean materials generally
31 considered to be not water soluble and non-hazardous in nature, including,
32 but not limited to, steel, glass, brick, concrete, roofing material, pipe,
33 gypsum wallboard, and lumber from the construction or destruction of a
34 structure as part of a construction or demolition project. Mixing of a very
35 small amount of waste other than C&D from the construction site will not
36 automatically cause it to be classified as other than C&D.
37
38 K. Container shall mean and include any container designed or intended to
39 be mechanically dumped into a loader packer type garbage truck.
40
41 L. Containerized Residential Recycling Collection Service shall mean the
2
1 collection of recyclable materials by the Franchisee from Dwelling Units in
2 the service area that requires the use of containers for the collection of
3 recyclable materials and the delivery of those recyclable materials to the
4 Materials Recycling Facility.
5
6 M. Containerized Residential Solid Waste Collection Service shall mean
7 solid waste collection service of all Dwelling Units whose Garbage, Rubbish,
8 Bulk Trash or Vegetative Waste is collected by means of a central or shared
9 Container and not by means of a Garbage Receptacle. Vegetative Waste
10 shall not be commingled with Garbage, Rubbish, or Bulk Trash.
11
12 N. Contract Administrator shall mean the person designated by the
13 Franchisor who shall act as the representative of the Franchisor during the
14 term of this Agreement.
15
16 O. County shall mean Monroe County, Florida.
17
18 P. Curbside Residential Recycling Collection Service shall mean the
19 collection of recyclable materials by the Franchisee from all Dwelling Units
20 in the service area that also receive curbside Residential Solid Waste
21 Collection Service for solid waste and other Dwelling Units as are designated
22 by the County, and the delivery of those recyclable materials to the Monroe
23 County Materials Recycling Facility or designated transfer station.
24
25 Q. Curbside Residential Solid Waste Collection Service shall mean
26 Residential Solid Waste Collection Service for all Dwelling Units whose
27 garbage is collected by means of a garbage receptacle at curbside or
28 roadway.
29
30 R. Designated Facility shall mean a processing, recycling, or transfer facility
31 designated by Monroe County.
32
33 S. Dwelling Unit shall mean any type of structure or building unit with kitchen
34 facilities intended for or capable of being utilized for residential living other
35 than a hotel or motel unit.
36
37 T. Fiscal Year shall mean the period October 1 of a given year and September
38 30 of the following year during this Agreement.
39
40 U. Franchisee shall mean that person or entity that has obtained from the
41 Franchisor a franchise, contract or permit to provide Residential Solid Waste
3
1 Collection Service, Commercial Solid Waste Collection Service, and Recycling
2 Collection Service.
3
4 V. Franchisor shall mean the Board of County Commissioners of Monroe
5 County.
6
7 W. Garbage shall mean all putrescible waste which generally includes but is
8 not limited to kitchen and table food waste, animal, vegetative, food or any
9 organic waste that is attendant with or results from the storage,
10 preparation, cooking or handling of food materials whether attributed to
11 residential or commercial activities.
12
13 X. Garbage Receptacle shall mean any commonly available light gauge steel,
14 plastic or galvanized receptacle of non-absorbent material, closed at one end
15 and open at the other, furnished with a closely fitted top or lid, handle(s)
16 and without any jagged or sharp edges. A garbage receptacle is also defined
17 as a heavy duty, securely tied, plastic bag designed for use as a garbage
18 receptacle. Any receptacle made from plastic drums with rope handles, or
19 slots cut in the sides for handles, is not an acceptable garbage receptacle.
20 Any receptacle including waste materials shall not exceed thirty-two (32)
21 gallons in capacity or fifty (50) pounds in weight, unless a Franchisee
22 implements (with written authorization from the Contract Administrator or
23 his Designee) an automated or semi-automated collection system requiring
24 the use of some other standard receptacle compatible with the Franchisee's
25 equipment.
26
27 Y. Hazardous Waste means solid waste as defined by the State of Florida
28 Department of Environmental Protection as a hazardous waste in the State
29 of Florida Administrative Code Chapter 17-30, or by any future legislative
30 actions, or by federal, state, or local law.
31
32 Z. Hotel or Motel shall mean a structure or building unit(s) with kitchen
33 facilities capable of being utilized for residential living where such unit or a
34 group of such units is utilized at least fifty (50%) percent of the time for
35 "Transient Occupancy" as such term is defined in Chapter 509, Florida
36 Statutes, or its successor law.
37
38 AA. Industrial Waste shall mean any solid waste accumulations of metal, metal
39 products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass,
40 crockery, rubber, tires, bottles, cans, lumber, sawdust, waste from animal
41 packing or slaughterhouse, or other materials usually created by an
4
1 industrial enterprise.
2
3 BB. Materials Recycling Facility (MRF) shall mean any facilities operated or
4 managed by, for or on behalf of the Franchisor for the purpose of receiving,
5 sorting, processing, storing, and/or preparing Recyclable Materials for sale.
6
7 CC. Multi-Family Dwelling Unit shall mean and include any building or
8 structure containing two (2) or more Dwelling Units under one roof.
9
10 DD. Office Paper shall be defined as a mixture of paper products including letter
11 paper, notebook paper, computer and green bar paper, and other clean
12 paper products.
13
14 EE. Permitted Disposal Facility shall mean the place or places specifically
15 designated by the Franchisor for the disposal of solid waste, and which are
16 properly permitted by the appropriate state and local agencies.
17
18 FF. Public Awareness Program shall mean that program developed by the
19 Franchisor to inform and encourage residential and commercial solid waste
20 collection customers to use all solid waste collection services offered by the
21 Franchisor through the Contract. It shall also mean information concerning
22 levels of service and changes in scope of service.
23
24 GG. Recyclable Materials shall mean newspapers (including inserts); aluminum;
25 #1 and #2 plastic containers; clear, green and brown glass bottles and jars;
26 corrugated cardboard; kraft paper bags; office paper; tin and ferrous cans;
27 automobile tires, and other materials added upon agreement between the
28 County and the Franchisee.
29
30 HH. Recycling Container shall mean a rigid container made of plastic or other
31 suitable substance that is used for the storage of commingled recyclable
32 materials.
33
34 II. Residential Solid Waste shall mean Garbage, Rubbish, Bulk Trash and
35 Vegetative Waste resulting from the normal housekeeping activities of a
36 Dwelling Unit. Vegetative Waste shall not be commingled with Garbage,
37 Rubbish, or Bulk Trash.
38
39 JJ. Residential Recycling Collection Service shall mean Curbside Recycling
40 Collection Services and Containerized Residential Recycling Collection
41 Service.
5
1
2 KK. Residential Solid Waste Collection Service shall mean service to all
3 Dwelling Units, including but not limited to, single-family dwelling units,
4 each living unit in a multi-family dwelling unit, condominium or cooperative
5 association, each mobile home whether located in a mobile home park or on
6 an individual parcel of property whether or not the lot is owned by the
7 mobile home owner and whether or not the unit has an RV tag, and each
8 timesharing unit.
9
10 LL. Roll-off Collection Service shall mean Specialty Hauler Service as
11 described in the Monroe County Code Section 8-82, and is the collection of
12 C&D only roll off containers within temporary locations in the Service Area,
13 limited to new construction sites and remodeling or refurbishment sites.
14 Roll-off Collection Service shall also mean the collection of horticultural,
15 agricultural, or vegetative waste from permitted land clearing sites. Roll-off
16 Collection Service does not include Special Wastes, Garbage, or Recyclable
17 Materials; and is not covered under this contract.
18
19 MM. Rubbish shall mean all refuse, accumulation of paper, excelsior, rags,
20 wooden or paper boxes and containers, sweepings, and all other
21 accumulations of a similar nature other than garbage, which are usual to
22 housekeeping and to the operation of stores, offices and other business
23 places, but shall not include Vegetative Waste. Also rubbish shall include
24 any bottles, cans or other containers which, due to their ability to retain
25 water, may serve as breeding places for mosquitoes or other water-breeding
26 insects.
27
28 NN. Service Area shall mean that portion of the unincorporated area of the
29 County as described in Exhibit I, for which the Franchisee has an executed
30 Collection Agreement.
31
32 00. Sludge shall mean a solid or semi-solid or liquid generated from any waste
33 water treatment plant, water supply treatment plant, air pollution control
34 facility, septic tank, grease trap, portable toilets and related operations, or
35 any other such waste having similar characteristics or effects.
36
37 PP. Special Services shall mean any services requested or required by the
38 customer which are in addition to, or a change in, Residential Solid Waste
39 Collection Service, Residential Recycling Collection Service, Commercial
40 Recycling Collection Service, and Commercial Solid Waste Collection Service
41 as set out or similar to those listed in Exhibit VI.
6
1
2 QQ. Special Waste shall mean those wastes that require extraordinary
3 management. They include, but are not limited to, automobile or
4 automobile parts, abandoned automobiles, boat or boat parts, waste oil,
5 sludge, dead animals, agricultural and industrial waste, septic tank
6 pumpings and Biohazardous and Hazardous wastes.
7
8
9 RR. Vegetative Waste - Regular shall mean any vegetative matter generated
10 from the yard and landscaping maintenance of the property of a Dwelling
11 Unit and shall include materials such as tree and shrub trimmings, grass
12 clippings, palm fronds, small tree branches and other matter usually
13 produced as refuse in the care of lawns, landscaping and yards which shall
14 not exceed four (4) feet in length and/or 4" in diameter. Such waste shall
15 be tied in bundles or placed in containers which are susceptible to normal
16 loading and collection as other Residential Solid Waste. If containers are
17 used, they shall meet or exceed the Franchisor specification for such
18 containers. No bundle or filled container shall exceed fifty (50) pounds in
19 weight. Regular Vegetative Waste shall not be commingled with Garbage,
20 Rubbish, or Bulk Trash.
21
22 SS. Vegetative Waste - Oversize shall mean large cuttings of vegetative matter
23 which are part of the normal yard maintenance of a Dwelling Unit, and
24 which cannot be cut for placement in a container or bundled due to the
25 material exceeding the weight and size restrictions for regular vegetative
26 waste. Oversize vegetative waste shall be placed neatly at the curb and shall
27 be of a type as to be readily handled by the mechanical collection equipment
28 of the Franchisee and shall not exceed six (6) feet in length. Oversize
29 Vegetative Waste shall not be commingled with Garbage, Rubbish, or Bulk
30 Trash. Oversize vegetative waste does not include any form of matter or
31 debris resulting from commercial tree removal; land clearing, or land
32 development. In the case of a dispute between the Franchisee and a
33 customer as to what constitutes oversize vegetative waste, the situation will
34 be reviewed and decided by the Contract Administrator whose decision will
35 be final.
36
37
38
39
40
41
7
1 3. SERVICES PROVIDED BY FRANCHISEE:
2
3 A. Exclusive Franchise Granted.
4
5 The Franchisee is herein granted an exclusive franchise to provide
6 Residential Solid Waste Collection Service, Commercial Solid Waste
7 Collection Service, and Residential Recycling Collection Service in the
8 Service Area as described in Exhibit I. Adjustments to the Service Area
9 boundaries due to municipal annexation or contraction will be provided by
10 law. No other entity except the Franchisee may offer or provide Residential
11 Solid Waste Collection Service, Commercial Solid Waste Collection Service,
12 or Residential Recycling Collection Service in the Service Area. The
13 Franchisor agrees to assist the Franchisee in taking timely action against
14 any entity violating the provisions of this Section.
15
16 The Franchisee shall be the agent to the Franchisor to provide Commercial
17 Recycling Collection Services in the Service Area, where that service is
18 requested by a commercial entity. The Franchisee shall be responsible for
19 billing and collection of Commercial Recycling Collection services that are
20 not being billed and collected by the Franchisor.
21
22 B. Responsibility For Service Billing and Collection.
23
24 The Franchisor shall be responsible for the billing and payments for
25 Residential Solid Waste Collection Service. The Franchisee shall provide
26 billing and collection services for Commercial Solid Waste Collection
27 Services. Billing for Commercial Solid Waste Services shall be reported in
28 the format designated by the Contract Administrator.
29
30 C. Emergency Service Provisions.
31
32 In the event of a hurricane, tornado, major storm or other natural disaster,
33 the Contract Administrator may grant the Franchisee a variance from
34 regular routes and schedules. As soon as practical after such natural
35 disaster, the Franchisee shall advise the Contract Administrator when it is
36 anticipated normal routes and schedules can be resumed. The Contract
37 Administrator in conjunction with the Franchisee shall make an effort
38 through the local news media to inform the public when regular services
39 may be resumed.
40
41 The clean up from some natural disasters may require that the Franchisee
8
I hire additional equipment, employ additional personnel, or work existing
2 personnel on overtime hours to clean debris resulting from the natural
3 disaster. By December 1st of the year that this Collection Agreement is in
4 effect, the Franchisee is requested to provide a Disaster Preparedness Plan
5 to the Contract Administrator for review and approval. This plan shall
6 include provisions for additional manpower and equipment as well as a
7 proposed rate for collection associated with the clean up of natural disasters
8 or other such occurrences. The Franchisee shall update the Disaster
9 Preparedness Plan by December 18, of each year of this Agreement for the
10 Contract Administrator's review and approval. The Franchisee shall receive
11 extra compensation above the normal compensation contained in this
12 Collection Agreement, after such has been approved by the Board, based on
13 the rate schedule submitted to the Contract Administrator. Payment for
14 these services shall be made by the Franchisor within ninety (90) days of the
15 receipt of the billing by the Franchisor.
16
17 D. Service to Selected County Agencies
18
19 The Franchisee must collect the solid waste and recyclables normally
20 generated by the County's Fire, EMS, and library facilities located within the
21 franchise area at no charge or cost to the County for collection.
22
23 4. SOLID WASTE COLLECTION SERVICES:
24
25 A. Curbside Residential Solid Waste, Vegetative Waste, and Bulk Trash
26 Collection Services
27
28 (1) Conditions and Frequency of Service.
29
30 All Curbside Residential Solid Waste and Regular vegetative waste
31 shall be properly containerized in Garbage Receptacles or otherwise
32 prepared for collection. Vegetative waste shall be separated from
33 Residential Solid Waste. No filled receptacle or bundle shall exceed
34 fifty (50) pounds in weight. (Regular vegetative waste will be as
35 defined in Section 2.RR.) Curbside Residential Solid Waste Collection
36 Service, except for permitted holidays, shall be provided twice per
37 week with not less than forty-eight (48) hours or more than seventy-
3 8 two (72) hours between regularly scheduled pick-up days. Regular
39 vegetative waste shall be picked up by the Franchisee not less than
40 once every seven (7) days on a scheduled route basis. Oversize
41 vegetative waste and bulk trash as defined in Section 2.SS. and 2.C.
9
1 of this Collection Agreement shall be picked-up by the Franchisee
2 within seven (7) calendar days of notification by the resident of the
3 Dwelling Unit. Oversize vegetative waste and bulk trash must be
4 placed at the usual accessible pick-up location.
5
6 (2) Accessibility.
7
8 All Residential Solid Waste to be collected shall be placed within six
9 (6) feet of the curb, paved surface of the roadway, closest accessible
10 right-of-way, or other such location agreed to by the Franchisee that
11 will provide a safe and efficient accessibility to the Franchisee's
12 collection crew and vehicle. Enclosures for garbage receptacles shall
13 be within six (6) feet of paved surface or right of way. Fixed or
14 permanent enclosures shall have a street side opening for the
15 removal of the garbage receptacle. Enclosures that do not have a
16 street side opening shall be limited to thirty-six (36) inches in height.
17 For purposes of this Agreement, roadway or right-of-way means a
18 road owned and maintained by the County, or a road on private
19 property for which an easement has been granted to the public and
20 such road is constructed and maintained to County road standards.
21 Where the resident of a Dwelling Unit is physically disabled and
22 unable to deliver Residential Solid Waste or vegetative waste to
23 curbside and this is certified by the Contract Administrator, or the
24 residential structure is located in such a manner as to provide non-
2 5 accessibility to the Franchisee's crew or vehicle, an alternative
26 location may be arranged between the customer and the Franchisee
27 at no extra cost to the customer. In the event an appropriate location
28 cannot be agreed upon, the Contract Administrator shall mediate the
29 dispute and designate the location for pick-up. If the resident
30 requests special services, these services shall be billed directly to the
31 customer by the Franchisee in accordance with Exhibit VI. Billing for
32 these services shall be reported in a format prescribed by the
33 Contract Administrator. In the event that a special service request
34 is not listed in Exhibit VI, charges for such services shall then be
35 established through negotiations between the Franchisee and the
36 customer. In the event the customer and the Franchisee cannot
37 reach an agreement on the cost, the Contract Administrator will
38 determine the cost.
39
40
41
10
1 B. Containerized Residential Solid Waste Collection Service
2
3 (1) Conditions and Frequency of Service:
4
5 The Franchisee shall provide Containerized Residential Solid Waste
6 Collection Service to Multi-Family Dwelling Units of four (4) or more
7 in the Service Area that are suitable to receive such service and
8 request such service. The size and location of the container and the
9 frequency of collection shall be determined by the Franchisee and the
10 residential complex in accordance with this Agreement. The level of
11 service shall be sufficient to meet customer needs in a safe and
12 sanitary manner. In the event of an unresolved dispute involving the
13 level and type of service to be provided, the location and size of
14 Containers or the frequency of service, the Contract Administrator
15 shall make the final determination. The Franchisee shall be paid the
16 appropriate container rental fee in accordance with Exhibit II. A
17 minimum of once a week service is required of all customers, or such
18 other minimum frequency as provided by law. Service shall not
19 exceed a maximum of twice per week. Such service shall be provided
20 by mechanical container as defined herein.
21
22 C. Commercial Solid Waste Collection Service
23
24 (1) Conditions and Frequency of Service:
25
26 The Franchisee shall collect and dispose of all Commercial Solid
27 Waste in the Service Area, except Special Waste. A minimum of once
28 a week service is required of all customers, or such other minimum
29 frequency as provided by law. Such service shall be provided by
30 mechanical Container as defined herein. However, where a customer
31 generates less than one (1) cubic yard per week of waste, Garbage
32 Receptacles provided by the customer may be utilized. The size of the
33 Container and the frequency of collection shall be determined
34 between the customer and the Franchisee. However, size and
35 frequency shall be sufficient to provide that no Commercial Solid
36 Waste need be placed outside or above lid level of the Container.
37 Storage capacity shall be suitable for the amount of waste generated
38 by the customer. In the event the Customer and the Franchisee
39 cannot reach an agreement as to the level and type of service to be
40 provided, the Contract Administrator shall make a decision binding
41 on both parties, including the location and size of Containers and the
11
1 required number of pick-ups per week.
2
3 All Commercial Solid Waste shall be placed in a Container,
4 Compactor or Garbage Receptacle. Vegetative Waste shall not be
5 commingled with Garbage. Where Garbage Receptacles are used,
6 they shall be placed at the roadside or at such other single collection
7 point as may be agreed upon between the Franchisee and the
8 customer. All Containers or Compactors shall be kept in a safe,
9 accessible location agreed upon between the Franchisee and the
10 customer. Any Container or Compactor damaged by the Franchisee
11 shall be repaired or replaced by the Franchisee within seven (7) days.
12
13 Compactors may be obtained by customers from any source provided
14 that such Compactors be of a type that can be serviced by the
15 Franchisee's equipment. The customer shall be completely
16 responsible for its proper maintenance. Compactor frequency of
17 collection shall be sufficient to contain the waste without spillage.
18
19 (2) Method of Collecting.
20
21 Collection shall occur on a regular basis with a frequency of pick-up
22 as provided herein and the size of the Container to be agreed upon
23 between the Franchisee and the customer.
24
25 (3) Level, Type and Disclosure of Rates for Commercial Collection
26 and Other Services
27
28 a. Commercial Collection: The Franchisee shall only charge
29 rates as set out in Exhibit II or as otherwise allowed by this
30 Agreement. A written agreement between the Franchisee and
31 the customer shall be entered into regarding the level and type
32 of service to be provided and manner of collection of fees. The
33 fees charged to the customer by the Franchisee may vary in
34 accordance with the rate schedule in Exhibit II based on
35 changes in size of Containers and/or changes in frequency of
36 collection. The terms and conditions of such agreement shall
37 be in compliance with all provisions of this Agreement. The
38 customer shall subscribe to a level of service sufficient to meet
39 the needs of the customer in a sanitary and efficient manner.
40 However, upon failure of the parties to reach such an
41 agreement, the Contract Administrator or his designee shall
12
I establish the level and type of service to be provided including
2 the location, size of the Container and number of pick-ups per
3 week and the "TOTAL RATE" to be charged within the
4 approved rate limits contained in Exhibit II. The Franchisee
5 will be responsible for the billing and collection of Commercial
6 Collection Service except as otherwise provided in this
7 Agreement.
8
9 b. Disclosure: The written Agreement between the Franchisee
10 and the Customer shall be a separate document as specified
11 in Exhibit I1I.
12
13 D. Hours of Collection:
14
15 Curbside Residential Solid Waste Collection Service shall be provided
16 between the hours of 5:00 a.m. and 6:00 p.m. Monday through Saturday.
17 Dwelling Units receiving Containerized Residential Solid Waste Collection
18 Service and non-residential collection sites located adjacent to residential
19 units shall be considered residential collection and shall only be collected
20 between the hours of 5:00 a.m. and 6:00 p.m. Monday through Saturday.
21 Other non-residential locations may be collected at any time. The hours of
22 collection may be extended due to extraordinary circumstances or conditions
23 with the prior consent of the Contract Administrator.
24
25 E. Routes and Schedules:
26
27 For Residential Solid Waste Collection Service, the Franchisee shall provide
28 the Contract Administrator, in a format acceptable to the Contract
29 Administrator, the schedules for all Collection routes and keep such
30 information current at all times. If any changes in the Collection routes
31 occur, then the Contract Administrator shall be immediately notified in
32 writing not less than four weeks prior to change. In the event of a
33 permanent change in routes or schedules that will alter the day of pick-up,
34 the Franchisee shall immediately notify the customer(s) affected in writing
35 or other manner approved by the Contract Administrator prior to the
36 change, at no cost to the Franchisor.
37
38 5. RECYCLING COLLECTION SERVICE:
39
40 The Franchisee shall provide Residential Recycling Service and, where requested
41 by the customer, Commercial Recycling Collection Service in the Service Area. The
13
1 Franchisor shall be responsible for the billing and collection of payments for
2 Residential Recycling Collection Services. The Franchisee shall be responsible for
3 billing and collection of Commercial Recycling Collection Service costs.
4
5 A. Curbside Residential Recycling Collection Services will be governed by
6 the following terms and conditions:
7
8 (1) Conditions and Frequency of Service:
9
10 The Franchisee shall provide Curbside Residential Recycling
11 Collection Services to all Dwelling Units receiving Curbside
12 Residential Solid Waste Collection Service located in the designated
13 Service Area and to other such Dwelling Units as determined
14 appropriate by the Contract Administrator. This service shall be
15 provided once every week, unless otherwise specified by the
16 Franchisor on a scheduled route basis which shall coincide with one
17 of the three regularly scheduled solid waste collection pick-up days.
18
19 (2) Accessibility for Curbside Recycling Collection:
20
21 All Recyclable Materials to be collected shall be in a Recycling
22 Container and shall be placed within six (6) feet of the curb; paved
23 surface of the road, closest accessible right of way, or other such
24 location agreed to by the Franchisee that will provide a safe and
25 efficient accessibility to the Franchisee's collection crew and vehicle.
26 The Franchisee must collect as many Recycling Containers and any
27 additional paper (kraft) bags as the customer sets out. Where the
28 resident is physically unable to deliver Recyclable Materials to
29 curbside and this is certified by the Contract Administrator, or the
30 Dwelling Unit is located in such a manner as to provide non-
31 accessibility to the Franchisee's crew or vehicle, an alternative
32 location may be arranged between the customer and the Franchisee
33 at no extra cost to the customer. In the event an appropriate location
34 cannot be agreed upon, the Contract Administrator shall mediate the
35 dispute and designate the location for pick-up.
36
37 B. Containerized Residential Recycling Collection Service will be governed
38 by the following terms and conditions:
39
40 (1) Conditions and Frequency of Service:
41
14
1 The Franchisee shall provide this service to Dwelling Units as are
2 designated by the Franchisor that are located in the Service Area.
3 This service shall be provided at least once every week on a scheduled
4 route basis as set out in paragraph 2 below.
5
6 (2) Accessibility and Schedule for Containerized Residential
7 Recycling Collection:
8
9 All Recyclable Materials to be collected shall be in a Recycling
10 Container or Container designated for Recyclable Materials which
11 shall be located in such location and shall be collected on a schedule
12 by the Franchisee that will provide a safe and efficient accessibility
13 to the Franchisee's collection crew and vehicle. In the event an
14 appropriate location cannot be agreed upon, the Contract
15 Administrator shall mediate the dispute and designate the location
16 for pick-up.
17
18 C. Commercial Recycling Collection Service:
19
20 The Franchisee shall perform Commercial Recycling Collection Services on
21 behalf of the Franchisor for any business in the Service Area where the
22 Franchisee has arranged, negotiated or contracted for such service, and
23 Franchisee shall have the right to solicit Commercial Recycling Collection
24 Service agreements with any business in the Service Area upon terms and
25 conditions consistent with this Agreement, and Franchisee shall provide
26 loading, collection, transporting and removal services for recovered materials
27 in the Service Area.
28
29 (1) Conditions and Frequency of Service:
30
31 The Franchisee shall provide Commercial Recycling Collection
32 Services to all business or commercial entities located in the
33 designated Service Area resulting from its own solicitation. The size
34 and frequency of the Container designated for Recyclable Materials
35 shall be determined between the customer and the Franchisee.
36 However, size and frequency shall be sufficient to provide that no
37 Recyclable Materials need be placed outside the Container. Storage
38 capacity shall be suitable for the amount of recyclables generated by
39 the customer. The Franchisee shall provide Containers as necessary.
40 Compactors may be obtained by customers from any source provided
41 that such Compactor must be of a type that can be serviced by the
15
I Franchisee's equipment and the customer shall be completely
2 responsible for its proper maintenance. Compactor frequency of
3 collection shall be sufficient to contain the waste without spillage. All
4 Commercial Recyclable Materials shall be placed in a Container,
5 Compactor or other acceptable Recycling Container. Recyclable
6 Material shall not be commingled with other solid waste. Where
7 Recycling Containers are used, they shall be placed at an accessible
8 location or at such other single collection point as may be agreed
9 upon between the Franchisee and the customer. All Containers shall
10 be kept in a safe, accessible location agreed upon between the
11 Franchisee and the customer. Any Container or Recycling Container
12 damaged by the Franchisee shall be repaired or replaced by the
13 Franchisee within seven (7) days.
14
15 (2) Level, Type and Disclosure of Rates for Commercial Recycling
16 Collection and Other Services:
17
18 A written Agreement between the Franchisee and the customer shall
19 be entered into regarding the level and type of service to be provided
20 and manner of collection of fees. The terms and conditions of such
21 Agreement shall be in compliance with all provisions of this franchise
22 Agreement and the term shall not extend beyond the term of this
23 Agreement as stated in Section 1. The customer shall subscribe to
24 a level of service sufficient to meet the needs of the customer in a
25 sanitary and efficient manner. However, upon failure of the parties
26 to reach such an Agreement, the Contract Administrator, or his
27 designee, at the election of the customer and Franchisee may
28 establish the level and type of service to be provided including the
29 location, size of the Container and number of pick-ups per week and
30 the "TOTAL RATE" to be charged within the approved rate limits
31 contained in Exhibit II. The Franchisee will be responsible for the
32 billing and collection of Commercial Recycling Collection charges
33 except as otherwise provided in this Agreement. The written
34 Agreement between the Franchisee and the customer shall be as
35 specified in Exhibit III.
36
37 In the event the same vehicle is used to collect residential recyclable
38 materials and commercial recyclable materials, the burden is on the
39 Franchisee to verify and demonstrate which portion of the load, by
40 volume at the point of collection, is from commercial entities.
41
16
1 (3) Ownership:
2
3 Notwithstanding any other provision of this Agreement, a commercial
4 generator of Recyclable Materials retains ownership of those
5 materials until he or she donates or sells, or contracts for the
6 donation or sale of those materials to another person or entity.
7 Nothing in this Agreement shall prevent a person or entity engaged
8 in the business of recycling, whether for profit or non-profit, from
9 accepting and transporting Recyclable Materials, under contract with
10 a commercial generator, from such commercial generator when such
11 Recyclable Materials have been purchased from or donated by the
12 commercial generator, and no charge is made to or paid by the
13 commercial generator for the loading, collection, transporting or
14 removal of such Recyclable Materials. Provided, however, that such
15 activities are subject to applicable state and local public health and
16 safety laws, and provided that the transporter must report such
17 information to the Franchisor as may be necessary for the
18 documentation of state mandated recycling or reduction goals.
19
20 D. Method of Payment:
21
22 The Franchisor will be responsible for the billing and collection of payments
23 for Residential Recycling Collection Service. Payments from the Franchisor
24 to the Franchisee will be due and paid no later than the tenth day of the
25 month following service. The initial collection rate per unit per month shall
26 be as set out in Exhibit II. This rate shall be adjusted in subsequent years
27 in accordance with Section 6.
28
29 The Franchisee shall be responsible for billing and collection of payments for
30 Commercial Recycling Collection Service, at the rates as set out in Exhibit
31 II. The rates set out in Exhibit II shall be adjusted in subsequent years in
32 accordance with Exhibit IV.
33
34 E. Hours of Collection:
35
36 Residential Recycling Collection Service shall be conducted between the
37 hours of 5:00 a.m. and 6:00 p.m., Monday through Saturday. Dwelling
38 Units receiving Containerized Residential Recycling Collection Service and
39 non-residential collection sites located adjacent to residential units shall be
40 considered residential collection and shall only be collected between the
41 hours of 5:00 a.m. and 6:00 p.m. Monday through Saturday. In the event
17
1 of a dispute, the Contract Administrator shall determine the hours of
2 collection.
3
4 F. Routes and Schedules:
5
6 The Franchisee shall provide and keep current with the Contract
7 Administrator or his designee, in a format acceptable to the Contract
8 Administrator, an up-to-date route schedule map for all Residential
9 Recycling Collection Service routes. The Franchisee shall notify the Contract
10 Administrator in writing of any change in any route schedule four weeks
11 prior to change. In the event of a permanent change in the routes or
12 schedules that will alter the pick-up day, the Franchisee shall immediately
13 notify the affected customer in writing or other method approved by the
14 Contract Administrator not less than two (2) weeks prior to the change, at
15 no cost to the Franchisor.
16
17 G. Replacement of Recycling Containers for Residential Dwelling Units:
18
19 (1) The Franchisee will replace at its expense any Recycling Container
20 damaged through the fault or negligence of the Franchisee or its
21 employees.
22
23 H. Manner of Collection:
24
25 The Franchisee shall collect Recyclable Materials with as little disturbance
26 as possible and shall leave the Recycling Container or Container housing
27 Recyclable Materials at the same point it was collected. To be eligible for
28 Curbside Residential Recycling Collection Service, Recyclable Materials must
29 be put in a Recycling Container. Newspapers that cannot be placed in the
30 Recycling Container may be put in a paper (kraft) bag and placed at the
31 usual accessible pick-up location for Curbside Residential Solid Waste
32 Collection. All Recyclable Materials set out by the customer that meet these
33 criteria shall be collected.
34
35 1. Material Recycling Facility:
36
37 The Franchisee shall deliver all Recyclable Materials collected from the
38 Service Area to the facility designated, in writing, by the Contract
39 Administrator. The Franchisee is responsible for the delivery of clean, non-
4 0 contaminated Recyclable Materials. Contaminated materials are defined as
41 those materials that require extensive sorting and/or disposal as determined
18
1 by the supervisor of the County's recycling facility.
2
3 J. Change in Scope of Recycling Collection Service:
4
5 From time to time, at the sole option of the Franchisor, it may be necessary
6 to modify the scope of Recyclable Materials that will be included in Recycling
7 Collection Service. Should this occur, the Franchisor and the Franchisee
8 agree to enter into good faith negotiations to amend this Agreement to reflect
9 the impact of any such modification.
10
11 6. CHARGES, RATES AND LEVEL OF SERVICES:
12
13 A. Obligation of Franchisor for Billing, Collection, and Payments
14
15 (1) Specific Responsibilities:
16
17 The Franchisor or its designee will be responsible for the billing and
18 collection of payments for Residential Solid Waste Collection Services
19 with the exception of any Special Services provided by the
20 Franchisee. Billing and collection of these services will be the
21 responsibility of the Franchisee.
22
23 The Franchisor shall make monthly payments in arrears to the
24 Franchisee for the Residential Solid Waste Collection Service provided
25 pursuant to this Agreement. The Franchisee shall be entitled to
26 payment for services rendered irrespective of whether or not the
27 Franchisor collects from customers for such services. Payments from
28 the Franchisor will be due and paid to the Franchisee no later than
29 the tenth (10th) day of the month following the month during which
30 services were rendered. Franchisee shall service all residential units.
31 If Franchisee is in doubt as to whether units are being billed,
32 Franchisee will contact the Contract Administrator.
33
34 On or before October 1, and before commencement of work by the
35 Franchisee under the terms of this agreement, the Franchisor shall
36 provide to the Franchisee the estimated total number of units to be
37 serviced. By November 1 of each Fiscal Year, the Franchisor shall
38 provide to the Franchisee a copy of the annual assessment roll
39 providing a detailed listing of all the units to receive these services.
40 Thereafter and for the duration of this Agreement, the Franchisor
41 shall promptly notify the Franchisee of new residential units to be
19
1 served and/or deleted and payments will be adjusted accordingly.
2 New Dwelling Units which are added for service during the
3 Franchisor's Fiscal Year will be added to the customer service list and
4 payment will be paid by the Franchisor to the Franchisee in the
5 Franchisee's monthly payment. Payment will be prorated based upon
6 the date of Certificate of Occupancy.
7
8 (2) Units Omitted From Annual Roll:
9
10 In the event the Franchisee provides service to Dwelling Units whose
11 parcel was not included on the annual assessment roll provided by
12 the Franchisor, the Franchisee must provide a written list of such
13 Dwelling Units to the Contract Administrator as soon as possible
14 after receipt of the assessment roll. Upon receipt of such written list
15 by the Franchisor, the Contract Administrator will, within 30 days,
16 verify the customer address and that service to the unit is proper,
17 and if proper, shall remit monthly payments to the Franchisee for
18 such service effective as of October 1 of the Fiscal Year or the date
19 service began, whichever is later. The Franchisor reserves the right
20 to correct any errors of omission or commission per the laws and
21 rules that govern the Franchisor. In the event the Franchisor pays
22 the Franchisee for a residential unit in error for whatever reason, the
23 Franchisee shall notify the Contract Administrator. Upon
24 determination of any overpayment, the Contract Administrator will
25 verify the error and make appropriate adjustment to the Franchisee's
26 payment to correct the error.
27
28 B. Solid Waste and Recycling Collection Rate Adjustments:
29
30 For all Collection services, the charges shall be initially based on the rates
31 established in Exhibit II, and as subsequently adjusted pursuant to this
32 Agreement. The Franchisee shall receive an annual adjustment in the
33 Residential Solid Waste Collection Service, Commercial Recycling Collection
34 Service, Commercial Solid Waste Collection Service and Residential
35 Recycling Collection Service rates. The adjustment shall be made to the
36 combined category of Residential Solid Waste Collection Service and to
37 Residential Recycling Collection Service and, separately to the combined
38 category of Commercial Solid Waste Collection Service and Commercial
39 Recycling Collection Service. At the end of the first year of this Agreement
40 the adjustment shall be made in accordance with the percentage change in
41 the Consumer Price Index for all urban consumers (CPI-U) for the most
20
1 recent 12 months available, ending in February.
2
3 No later than April 30 of the year following the Franchisee's fiscal year
4 hereby defined as January 1 through December 31, the Franchisee shall
5 deliver to the Franchisor, in a format as shown in Exhibit V, (as may be
6 further revised by the Contract Administrator from time to time), an audited
7 Financial Statement including, at a minimum, a balance sheet and an
8 Income Statement representing the financial position and the results of
9 operations respectively of the Franchisee for each Service Area. The report
10 must include the opinion of a Florida Certified Public Accountant, who has
11 conducted an audit of the Franchisee's books and records in accordance
12 with generally accepted auditing standards which include tests and other
13 procedures necessary, that the Financial Statements are fairly presented,
14 in all material respects, in conformity with generally accepted accounting
15 principles.
16
17 The Franchisor and Franchisee understand and agree that time is of the
18 essence regarding receipt of the audited financial statement. Therefore, if
19 the Franchisee fails to provide the Franchisor with the audited financial
20 statement on or prior to the date prescribed herein, the Franchisee shall
21 pay the Franchisor the sum of one hundred dollars ($100.00) per day for
22 each calendar day the submittal is late. No extension will be granted,
23 except for uncontrollable circumstances as referred to in Section 21.
24
25 No rate adjustments of any type will be granted to the Franchisee unless all
26 required audits have been filed in a timely manner.
27
28 C. Solid Waste Disposal and Recycling Processing Costs:
29
30 Residential solid waste disposal and residential recycling processing costs
31 will be part of the special assessment billed by the Franchisor. Commercial
32 costs and commercial recycling processing charges will be billed by the
33 Franchisee and submitted on a monthly basis to the Franchisor in a format
34 prescribed by the Contract Administrator. This monthly billing statement
35 shall be due by noon on the tenth (10th) day of each month, or the first
36 business day thereafter, and shall contain information pertaining to the
37 preceding month. Information provided on the monthly billing statement
38 shall be complete and accurate, and falsification of the same shall be a
39 criminal offense.
40
41
21
1 D. Extraordinary Rate Adjustment:
2
3 The Franchisee may petition the Franchisor at any time for an additional
4 rate adjustment on the basis of extraordinary and unusual changes in the
5 cost of operations that could not reasonably be foreseen by a prudent
6 operator. The Franchisee's request shall contain substantial proof and
7 justification, as determined by the Contract Administrator, to support the
8 need for the rate adjustment. The Franchisor may request from the
9 Franchisee such further information as may be reasonably necessary in
10 making its determination. The Franchisor shall at its sole option approve
11 or deny the request, in whole or in part, within sixty (60) days of receipt of
12 the request and all other additional information required by the Franchisor.
13
14 E. Franchise Fee:
15
16 To compensate for the cost of administration, supervision and inspection
17 rendered for the effective performance of this Agreement, the Franchisee
18 shall pay to the Franchisor a fee of three percent (3%) of all gross revenues
19 charged, collected or received arising out of any services or operations
20 conducted in the Service Area. Commercial solid waste disposal costs and
21 commercial recycling processing costs shall be deducted from the gross
22 revenue total prior to applying the 3% for calculation of the franchise fee due
23 to the Franchisor. Franchise fees shall be payable within forty-five (45) days
24 of the last day of each calendar quarter.
25
26 7. HOLIDAYS:
27
28 The Monroe County Transfer Stations will be closed on Thanksgiving Day,
29 Christmas Day and New Year's Day. The Franchisee shall not be required to collect
30 Residential Solid Waste, Vegetative Waste, Residential Recyclable Material or
31 maintain office hours on these designated holidays. Services not provided on the
32 designated holidays shall resume on the next scheduled service day.
33
34 A. Service Fee:
35
36 Requiring a designated facility to remain open outside its regular business
37 hours, and with a 24-hour notice to the Contract Administrator, the Franchisee
38 shall be charged a Service Fee of $100.00 per hour for every hour (or portion
39 thereof) the site remains open, with a two hour minimum fee.
40
41
22
1 8. SPECIAL SERVICES:
2
3 Rates charged for Special Services may not exceed the special service rates as listed
4 in Exhibit VI. In the event the requested special service is not included within
5 Exhibit VI, the Franchisee may negotiate with the customer for the rate. Upon
6 failure of the parties to reach an agreement on the rate, the Contract Administrator
7 shall establish the rate. The Franchisee shall be responsible for billing and
8 collection of payment for all Special Services.
9
10 9. PUBLIC AWARENESS PROGRAM:
11
12 The Franchisee shall assist the Franchisor with the Public Awareness Program by
13 distributing door hangers, stickers, flyers or other medium to residential and
14 commercial customers as requested by the Franchisor. Additionally it is the
15 Franchisee's responsibility to provide information to the Franchisor about those
16 customers who repeatedly do not prepare or set out their Recyclable Material or
17 solid waste as specified within this Agreement.
18
19 The Commercial Recycling customer will also be notified, by the Franchisor through
20 the Franchisee about special commercial recycling events, workshops, educational
21 forums and symposiums and other activities, as needed.
22
23 10. MANNER OF COLLECTION:
24
25 The Franchisee shall collect Residential Solid Waste, Vegetative Waste and
26 Recyclable Materials and Commercial Solid Waste and Recyclable Materials with
27 as little disturbance as possible and shall leave any receptacle at the same point
28 it was collected.
29
30 Any container damaged by the Franchisee will be replaced by the Franchisee within
31 seven (7) days at no cost to the customer, unless otherwise provided within this
32 Agreement. The replacement must be similar in style, material, quality and
33 capacity. Throwing of any garbage receptacle, container or recycling container is
34 prohibited.
35
36 To be eligible for pick-up, Residential Solid Waste and Vegetative Waste - Regular
37 must be placed in a Garbage Receptacle or properly bundled. Vegetative Waste -
38 Oversize and Bulk Trash as defined in Sections 2.SS. and 2.C. of this Agreement
39 shall be picked up by the Franchisee within seven (7) calendar days of notification
40 by the resident of the Dwelling Unit. Vegetative Waste - Oversize and Bulk Trash
41 must be placed at an accessible pick-up location.
23
1 11. PERSONNEL OF THE FRANCHISEE:
2
3 A. The Franchisee shall assign a qualified person or persons to be in charge of
4 the operations within the service area and shall give the name(s) of the
5 person(s) to the Contract Administrator.
6
7 B. The Franchisee's solid waste collection employees shall wear a uniform or
8 shirt bearing the company's name during operations.
9
10 C. Each driver of a collection vehicle shall at all times carry a valid Florida
11 driver's license for the type of vehicle that is being driven.
12
13 D. The Franchisee's name and office telephone number shall be properly
14 displayed on all solid waste and recycling collection vehicles and Containers
15 provided by the Franchisee.
16
17 E. The Franchisee shall provide operating and safety training for all personnel.
18
19 F. The Franchisee's employees shall treat all customers in a polite and
20 courteous manner.
21
22 12. SPILLAGE:
23
24 The Franchisee shall not litter or cause any spillage to occur upon the premises or
25 the right-of-way wherein the collection shall occur. During hauling, all solid waste,
26 vegetative waste and recyclable material shall be contained, tied, or enclosed so
27 that leaking, spilling and blowing is prevented. In the event of any spillage or
28 leakage caused by the Franchisee, the Franchisee shall promptly clean up all
29 spillage and leakage at no cost to the Franchisor.
30
31 13. SOLID WASTE AND RECYCLING FACILITIES:
32
33 All Residential Solid Waste, Commercial Solid Waste, Vegetative Waste and
34 Recyclable Material shall be delivered to a site or facility designated in writing to
35 the Franchisee by the Contract Administrator. If the Franchisor should request the
36 Franchisee to deliver to a site or facility which is a greater distance than the
37 nearest site or facility, the Franchisor shall compensate the Franchisee for such
38 additional directly related costs based on a cost per truck mile annually agreed
39 upon by the Franchisor and Franchisee. The Franchisee shall provide to the
40 Franchisor by August 1 st of each year written notice indicating the estimated cost
41 of operation per truck mile which shall be in effect for the twelve (12) month period
24
1 beginning October 1st. The Franchisor shall provide the Franchisee written notice
2 of either approval or denial of the proposed cost by August 15th. If denied, the
3 Franchisor and the Franchisee agree to negotiate in good faith and reach
4 agreement regarding the estimated cost per truck mile. Such agreement shall not
5 be unreasonably withheld by either the Franchisor or Franchisee. If an agreement
6 cannot be reached, the Franchisee may petition the Board of County
7 Commissioners for a final hearing on the denial. Such decision by the Board shall
8 be final.
9
10 In the event that a load of Recyclable Materials delivered to the designated facility
11 contains more than 3.5%, by weight of the total load, material which is not
12 Recyclable Material or that there is more than 3.5% paper products within the
13 other co-mingled Recyclable Material or vice versa, the Franchisor has the right to
14 reject the load and to charge the Franchisee the full disposal fee for each ton within
15 the load. The Franchisee may pass this cost through to a commercial customer in
16 the event that the Franchisee can prove that the customer caused the
17 contamination to the satisfaction of the customer. In the event of a dispute, the
18 Contract Administrator will determine whether the Franchisee or the customer will
19 absorb the disposal fee. It is the responsibility of the Franchisee to notify the
20 Franchisor of any customer who has on more than three occasions contaminated
21 the Recyclable Materials.
22
23 14. COLLECTION EQUIPMENT:
24
25 The Franchisee shall have on hand at all times and in good working order such
26 equipment as shall permit the Franchisee to adequately and efficiently perform the
27 contractual duties specked in this Agreement. Upon execution of this Agreement
28 and annually thereafter, the Franchisee shall provide in a format specified by the
29 Contract Administrator a list of the equipment to be used by the Franchisee to
30 provide services relating to this Agreement. Solid Waste collection equipment shall
31 be of the enclosed loader packer type, or other equipment that meets industry
32 standards and is approved by the Contract Administrator. All equipment shall be
33 kept in good repair, appearance and in a sanitary, clean condition at all times.
34 Recycling Materials collection equipment shall be multiple compartment equipment
35 (one compartment for each recyclable material collected), or other equipment that
36 meets industry standards and is approved by the Contract Administrator, and must
37 be compatible for unloading at the designated facility. Equipment utilized for the
38 collection of Recyclable Materials shall be clearly identified for that purpose. The
39 Franchisee shall have available reserve equipment which can be put into service
40 the same day as the occurrence of any breakdown. Such reserve equipment shall
41 correspond in size and capacity to the equipment used by the Franchisee to
25
I perform the contractual duties.
2
3 15. VEGETATIVE WASTE:
4
5 All vegetative Waste shall be collected separately from Residential Solid Waste,
6 Commercial Solid Waste and Recyclable Materials. All tree and shrub trimmings,
7 grass clippings, palm fronds and all tree branches or other similar loose waste shall
8 be tied in bundles or placed in containers. Oversize Vegetative Waste must be no
9 more than six (6) feet in length and placed neatly at the curb.
10
11 16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL
12 WASTE AND SLUDGE:
13
14 The Franchisee shall not be required to collect and dispose of Special Waste,
15 Hazardous Waste, Biohazardous or Biomedical Waste, or Sludge, but may offer
16 such service in the Service Area. All such collection and disposal for those types
17 of waste in this Section are not regulated or exclusive under this Agreement, but
18 if provided by the Franchisee shall be in strict compliance with all federal, state and
19 local laws and regulations.
20
21 17. OFFICE:
22
23 The Franchisee shall maintain an office within Monroe County where complaints
24 shall be received. It shall be equipped with sufficient telephones, and shall have
25 responsible persons in charge during collection hours and shall be open during
26 normal business hours, 8:00 a.m. to 2:00 p.m., Monday through Friday. The
27 Franchisee shall provide an answering machine during non-office hours for the
28 receipt of customer inquiries. The Franchisee shall provide a contact person for the
29 Franchisor to reach during all non-office hours. The contact person must have the
30 ability to authorize Franchisee operations in the case of Franchisor direction or
31 situations requiring immediate attention.
32
33 18. COMPLAINTS:
34
35 All service complaints shall be directed either to the Contract Administrator or to
36 the Franchisee. All complaints received by the Contract Administrator will be
37 forwarded daily to the Franchisee by telephone or other electronic means. All
38 complaints received by the Franchisee shall be recorded on a form approved by the
39 Contract Administrator. All complaints shall be resolved within twenty-four (24)
26
1 hours after receipt by the Franchisee. When a complaint is received on a Saturday
2 or the day preceding a holiday, as specified in this Agreement, it shall be resolved
3 by the Franchisee no later than the next regular working day. If a complaint
4 cannot be resolved within twenty-four (24) hours, the Contract Administrator shall
5 be notified. Upon resolution, the Franchisee shall notify the Contract
6 Administrator or his designee of the action taken to resolve the complaint on the
7 approved form.
8
9 The Franchisee shall provide the Contract Administrator with a full written
10 explanation of the disposition of any complaint involving a claim of damage to
11 private or public property as a result of actions of the Franchisee's employees,
12 agent, or sub-contractor.
13
14 19. QUALITY OF SERVICE:
15
16 A. It is the intent of this Agreement to ensure that the Franchisee provides a
17 quality level of solid waste and recycling collection services.
18
19 (1) To this end, all complaints received by and/or referred to the
20 Franchisee shall be promptly resolved pursuant to the provisions of
21 Section 18 of this Agreement.
22
23 (2) An excess of legitimate complaints shall be a determining factor in the
24 Franchisor's decision to exercise the renewal option as specified in
25 Section 1. An excess of legitimate complaints shall be defined as an
26 amount that exceeds two percent (2%) of the total customers served
27 by the Franchisee within the service area during any Franchisor fiscal
28 year. The legitimacy of a complaint shall be determined by the
29 Contract Administrator or his designee.
30
31 (3) Any occurrence of the following actions on the part of the Franchisee
32 shall result in an assessment of liquidated damages, with the
33 designated amount deducted from payments due or to become due
34 to Franchisee:
35
36
37
38
39
40
41
27
1 Improper Actions Liquidated Damages
a. Failure to collect missed customers by 6:00 p.m. $25.00 per incident to a
the same day when given notice before noon, or by maximum of$150.00 per
12:00 noon the following day when given notice truck per day
between 12:00 noon and 5:00 p.m.
b. Legitimate complaints over ten 10per month $100.00 per incident
C. Collection of Residential Solid Waste and/or $100.00 per incident
Rec clables before 5:00 a.m. or after 6:00 PM.
d. Commingling Solid Waste with Vegetative Waste, $100.00 per incident
Recyclable Materials, C&D Materials, or other
waste material:
e. Failure to cleanspillage: $100.00 per incident
f. Failure to replace damaged container within seven $100.00 per incident
days two days for residential
g. Failure to return containers or garbage receptacles $100.00 per incident
to original location.
h. Failure to repair damage to customer property: $100.00 per incident
i. Reserved for future use.
j. Failure to comply with designated facility $100.00 per incident
regulations:
k. Failure to provide clean, safe and sanitary $100.00 per incident
equipment:
1. Failure to maintain office hours as required: $100.00 per incident
M. Operator not licensed: $100.00 per incident
n. Failure to provide documents and reports in a $100.00 per incident
timely and accurate manner:
o. Failure to cover materials, if appropriate, on $100.00 per incident
collection vehicles :
p. Name and phone number not displayed on $100.00 per incident
equipment or containers:
q. Providing exclusively prohibited service in another $100.00 per incident
Franchisee's area, without prior authorization by
the Contract Administrator:
r. Not providing schedule and route maps: $100.00 12er incident
S. Excessive noise generated by service equipment $100.00 per incident
and/orpersonnel:
t. Using improper truck to service commercial or $100.00 per incident
residential customer:
28
U. Failure to submit disclosure notice to either $100.00 per incident
customer or Contract Administrator:
V. Failure to report recycling activity monthly (on or $100.00 per incident
before the loth day of the following month)., in the
format determined by the Franchisor, for the
purpose of tracking and verifying county-wide
recycling activity:
W. Failure to offer a corresponding reduction in the $100.00 per incident
level of solid waste service with the implementation
of commercial recycling:
X. Failure to submit an audited financial statement by $100.00 per calendar day
the prescribed date:
Y. Failure to respond to complaints and customer $100.00 per incident
calls, including commercial recycling customers, in
a timely and appropriate manner:
Z. Failure to complete a route on the regular $1000 for each route per day
scheduledpick-up day: not com leted
aa. Failure to deliver any Residential or Commercial $1000 for Pt offense;
Solid Waste, Vegetative Waste or Recyclable $2500 for 2nd offense;
Materials to a designated facility: loss of franchise for 3m
offense
bb. Failure to provide proper notification prior to $1000 per incident
residential route changes:
CC. Failure to finish the uncompleted route (s) of the $1500 for each failure to
previous day on the next calendar day: complete
1.
2 The Contract Administrator may assess charges pursuant to this Section. The
3 Franchisee will be notified in writing of the administrative charges assessed and the basis
4 for each assessment. In the event the Franchisee wishes to contest such assessment it
5 shall, within five (5) days after receiving such notice, request in writing an opportunity to
6 be heard by the Contract Administrator and present its defense to such assessment. The
7 assessment(s) will only be deducted following the determination by the Contract
8 Administrator. The decision of the Contract Administrator will be final.
9
10 20. FILING OF REQUESTED INFORMATION AND DOCUMENTS:
11
12 A. In addition to any other requirements of this Agreement, the Franchisee shall
13 be required to file pertinent statistical and aggregate cost information pertaining
14 to solid waste collection and recycling collection services that is requested by
15 the Franchisor to comply with the provisions of Chapter 403, F.S., as amended,
16 and any other pertinent laws and regulations. The Franchisee will also be
17 required to submit a monthly operations report in a format prescribed by the
18 Contract Administrator. The results of all recycling activity conducted by the
29
1 Franchisee in the Service Area during each month, whether residential or
2 commercial, shall be reported accurately to the Franchisor in a format and with
3 such dates as specified by the Franchisor, on or before the loth day of the
4 following month.
5
6 B. The Franchisee shall file and keep current with the Franchisor documents
7 and reports required by this Agreement. By September 151 of each year this
8 Agreement is in effect, the Franchisee shall ensure and certify to the Franchisor
9 that all required documents such as, but not limited to, certificates of
10 insurance, audits, performance bond or letter of credit, route schedule and
11 maps, drivers license certifications, and list of collection equipment vehicles, are
12 current and on file with the Franchisor. Failure to file any document or report
13 within five (5) working days of the required filing date, except where granted an
14 extension by the Contract Administrator, may result in the levy of a liquidated
15 damage as provided in Section 19.
16
17 21. UNCONTROLLABLE CIRCUMSTANCES:
18
19 Neither the Franchisor nor Franchisee shall be considered to be in default of this
20 Agreement if delays in or failure of performance shall be due to Uncontrollable
21 Forces, the effect of which, by the exercise of reasonable diligence, the non-
2 2 performing party could not avoid.
23
24 Neither party shall, however, be excused from performance if non-performance is
25 due to forces which are preventable, removable, or remediable and which the non-
2 6 performing party could have, with the exercise of reasonable diligence, prevented,
27 removed or remedied with reasonable dispatch. The non-performing party shall,
28 within a reasonable time of being prevented or delayed from performance by an
29 uncontrollable force, give written notice to the other party describing the
30 circumstances and uncontrollable forces preventing continued performance of the
31 obligations of this Agreement.
32
33 22. PERMITS AND LICENSES:
34
35 The Franchisee shall obtain, at his own expense, all permits and licenses required
36 by law for the Franchisee's operation under this Agreement and maintain the same
37 in full force and effect.
38
39 23. PERFORMANCE BOND:
40
41 The Franchisee shall furnish to the Franchisor a performance bond executed by a
30
1 surety company licensed to do business in the State of Florida and/or a clean
2 irrevocable letter of credit issued by a bank within Monroe County to ensure the
3 faithful performance of this Agreement and all obligations arising hereunder in the
4 appropriate amount determined in accordance with Exhibit VII. The clean
5 irrevocable letter of credit or bond provided hereunder, each may be substituted for
6 the other upon approval by the Franchisor. The form of this bond or letter of
7 credit, and the Surety Company, shall be acceptable to the Franchisor attorney
8 and shall be maintained during the term of this Agreement. The bond shall be
9 endorsed to show the Franchisor, a political subdivision of the state of Florida; and
10 shall also provide that bonds shall not be canceled, limited or non-renewed until
11 after thirty (30) days written notice has been given to the Franchisor. Current
12 performance bonds evidencing required coverage must be on file at all times.
13
14 24. WORKER'S COMPENSATION INSURANCE:
15
16 Worker's Compensation coverage must be maintained in accordance with statutory
17 requirements as well as Employer's Liability Coverage in an amount not less than
18 $100,000.00 per incident.
19
20 25. LIABILITY INSURANCE:
21
22 The Franchisee shall, during the term of this Agreement, and any extensions hereof
23 maintain in full force and effect general and automobile liability insurance, which
24 specifically covers all exposures incident to the Franchisee's operations under this
25 contract. Such insurance shall be with a company rated "A" or better by Best
26 Rating Service and in an amount of not less than $1,000,000.00 Combined Single
27 Limit for personal injury, including death, and property damage liability and shall
28 include but not be limited to coverage for Premises/Operations,
29 Products/Completed Operations, Contractual, to support the Franchisee's
30 agreement or indemnity and Fire Legal Liability. The Franchisee shall purchase
31 and maintain, throughout the life of the contract, pollution liability insurance
32 which will respond to bodily injury, property damage, and environmental damage
33 caused by a pollution incident. The minimum limits of liability shall be:
34 $1,000,000.00 per occurrence/$2,000,000.00 aggregate.
35
36 Policy(ies) shall be endorsed to show the Franchisor, a political subdivision of the
37 state of Florida, as an additional insured as its interests may appear; and shall also
38 provide that insurance shall not be canceled, limited or non-renewed until after
39 thirty (30) days written notice has been given to the Franchisor. Current
40 certificates of insurance evidencing required coverage must be on file with the
41 Franchisor at all times. Franchisee expressly understands and agrees that any
31
1 insurance protection furnished by Franchisee shall in no way limit its responsibility
2 to indemnify and save harmless Franchisor under the provision of Section 26 of
3 this Agreement.
4
5
6
7 26. INDEMNITY:
8
9 The Franchisee will hold the Franchisor harmless from any and all liabilities, losses
10 or damages the Franchisor may suffer as a result of claims, demands, costs or
11 judgments against the Franchisor arising out of the negligence or omission of the
12 Franchisee or its employees, which said liabilities, losses, damages, claims,
13 demands, costs or judgment arise directly out of the matters which are the subject
14 of this Collection Agreement and the work to be performed thereby. The Franchisee
15 shall in no way be responsible for or in any way indemnify or hold the Franchisor
16 harmless for any act, omission, negligence or other liability caused by the act or
17 omission in whole or in part of the Franchisor or any one of its employees or
18 agents.
19
20 27. ACCESS TO FRANCHISEE BOOKS AND RECORDS:
21
22 The Franchisee shall maintain within Monroe County adequate records of all Solid
23 Waste collection and recycling services. The Franchisor or its designee shall have
24 the right to review all records maintained by the Franchisee upon 24 hours written
25 notice. An annual audit of the books and records by a Florida independent certified
26 public accounting firm prepared in accordance with generally accepted accounting
27 principles, pertaining only to each individual Collection Agreement and Service
28 Area, shall be delivered to the Franchisor no later than April 30 of the year
29 following the Franchisee's fiscal year, hereby defined as January 1 through
30 December 31. No extensions will be granted, except for uncontrollable
31 circumstances as referred to in Section 21. No rate adjustments of any type will
32 be granted to the Franchisee unless all required audits have been filed in a timely
33 manner. Franchisee shall maintain all books, records, and documents directly
34 pertinent to performance under this Agreement in accordance with generally
35 accepted accounting principles consistently applied. Each party to this Agreement
36 or their authorized representatives shall have reasonable and timely access to such
37 records of each other party to this Agreement for pubic records purposes during
38 the term of the Agreement and for four years following the termination of this
39 Agreement.
40
41
32
1 28. POINT OF CONTACT:
2
3 All dealings, contacts, notices and payments between the Franchisee and the
4 Franchisor shall be directed by the Franchisee to the Contract Administrator.
5
6 29. NOTICE:
7
8 Except where otherwise noted herein, any communication required for any purpose
9 in this Agreement shall be in writing and delivered with a signed receipt as
10 follows:
11
12 As to the Franchisor:
13 Monroe County
14 Solid Waste Management Department
15 1100 Simonton Street, Room 2-284
16 Key West, FL 33040
17 Attention: Contract Administrator
18
19 As to the Franchisee:
20 Keys Sanitary Service
21 P. O. Box 345
22 Tavernier, FL 33070
23 Attention: President
24
25 30. DEFAULT OF CONTRACT:
26
27 A. The Franchisor may cancel this Collection Agreement, except as otherwise
28 provided below in this section, by giving Franchisee thirty(30) days advance
29 written notice, to be served as hereafter provided, upon the happening of
30 any one of the following events:
31
32 (1) Franchisee shall take the benefit of any present or future insolvency
33 statute, or shall make a general assignment for the benefit of
34 creditors, or file a voluntary petition in bankruptcy or a petition or
35 answer seeking an arrangement for its reorganization or the
36 readjustment of its indebtedness under the Federal Bankruptcy laws
37 or under any other law or state of the United States or any state
38 thereof, or consent to the appointment of the receiver, trustee or
39 liquidator of all or substantially all of its property; or
40
41
33
1 (2) By order or decree of a Court, Franchisee shall be adjudged bankrupt
2 or an order shall be made approving a petition filed by any of its
3 creditors or by any of the stockholders of the Franchisee, seeking its
4 reorganization or the readjustment of its indebtedness under the
5 Federal bankruptcy laws or under any law or statute of the United
6 States or of any state thereof, provided that if any such judgment or
7 order is stayed or vacated within sixty (60) days after the entry
8 thereof, any notice of cancellation shall become null, void and of no
9 effect; unless such stayed judgment or order is reinstated in which
10 case, said default shall be deemed immediate; or
11
12 (3) By or pursuant to or under authority of any legislative act, resolution
13 or rule or any order or decree of any Court or governmental board,
14 agency or officer having jurisdiction, a receiver, trustee or liquidator
15 shall take possession or control of all or substantially all of the
16 property of the Franchisee, and such possession or control shall
17 continue in effect for a period of sixty (60) days; or
18
19 (4) The Franchisee has defaulted, by failing or refusing to perform or
20 observe the terms, conditions or covenants in this Agreement or any
21 of the rules and regulations promulgated by the Franchisor pursuant
22 thereto or has wrongfully failed or refused to comply with the
23 instructions of the Contract Administrator relative thereto and said
24 default is not cured within thirty (30) days of receipt of written notice
25 by Franchisor to do so, or if by reason of the nature of such default,
26 the same cannot be remedied within thirty (30) days following receipt
27 by Franchisee of written demand from Franchisor to do so,
28 Franchisee fails to commence the remedy of such default within said
29 thirty (30) days following such written notice or having so commenced
30 shall fail thereafter to continue with diligence the curing thereof(with
31 Franchisee having the burden of proof to demonstrate [a] that the
32 default cannot be cured within thirty (30) days, and [b] that it is
33 proceeding with diligence to cure said default, and such default will
34 be cured within a reasonable period of time.
35
36 B. However, notwithstanding anything contained herein to the contrary, for the
37 failure of Franchisee to provide Collection Service for a period of three (3)
38 consecutive scheduled working days, the Franchisor may secure the
39 Franchisee's billing records on the fourth (4th) working day in order to
40 provide interim collection services until such time as the matter is resolved
41 and the Franchisee is again able to perform pursuant to this Collection
34
I Agreement; provided, however, if the Franchisee is unable for any reason or
2 cause to resume performance at the end of thirty (30) working days all
3 liability of the Franchisor under this Agreement to the Franchisee shall
4 cease and this Agreement may be deemed immediately terminated by the
5 Franchisor.
6
7 C. Notwithstanding the foregoing and as supplemental and additional means of
8 termination of this Agreement under this Section, in the event that Franchisee's
9 record of performance shows that Franchisee has frequently, regularly or
10 repetitively defaulted in the performance of any of the covenants and conditions
11 required herein to be kept and performed by Franchisee, in the opinion of
12 Franchisor and regardless of whether Franchisee has corrected each individual
13 condition of default, Franchisee shall be deemed a "habitual violator", shall
14 forfeit the right to any further notice or grace period to correct, and all of said
15 defaults shall be considered cumulative and collectively shall constitute a
16 condition of irredeemable default. The Franchisor shall thereupon issue
17 Franchisee final warning citing the circumstances therefore, and any single
18 default by Franchisee of whatever nature, subsequent to the occurrence of the
19 last of said cumulative defaults, shall be grounds for immediate termination of
20 this Agreement. In the event of any such subsequent default, Franchisor may
21 terminate this Collection Agreement upon the giving of written Final Notice to
22 Franchisee, such cancellation to be effective upon the fifteenth consecutive
23 calendar day following the date of Final Notice, and all contractual fees due
24 hereunder plus any and all charges and interest shall be payable to said date,
25 and Franchisee shall have no further rights hereunder. Immediately upon
26 receipt of said Final Notice, Franchisee shall proceed to cease any further
27 performance under this Collection Agreement.
28
29 D. In the event of the aforesaid events specified in paragraphs A, B and C above
30 and except as otherwise provided in said paragraphs, termination shall be
31 effective upon the date specified in Franchisor's written notice to Franchisee
32 and upon said date this Agreement shall be deemed immediately terminated
33 and upon such termination all liability of the Franchisor under this Agreement
34 to the Franchisee shall cease, and the Franchisor shall have the right to call the
35 performance bond and shall be free to negotiate with other contractors for the
36 operation of the herein specified services. The Franchisee for failure to perform
37 shall reimburse the Franchisor all direct and indirect costs of providing interim
38 collection service.
39
40
41
35
1 31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR CHANGE IN
2 LAW:
3
4 The Franchisor shall have the power to make changes in this Agreement as the
5 result of changes in law and to impose new and reasonable rules and regulations
6 on the Franchisee under this Collection Agreement relative to the method of
7 collection and disposal of Garbage, Rubbish, Bulk Trash, Vegetative Waste, or
8 Recyclable Materials as shall from time to time be necessary and desirable for the
9 public welfare. The Franchisor shall give the Franchisee reasonable notice of any
10 proposed change and an opportunity to be heard concerning those matters. The
11 method of collection and disposal of solid waste and recyclables as referenced
12 herein shall also be liberally construed to include, but not limited to, the manner,
13 procedures, operations and obligations, financial or otherwise, of the Franchisee.
14
15 The Franchisor and Franchisee understand and agree that the Florida Legislature
16 from time to time has made comprehensive changes in Solid Waste Management
17 legislation and that these and other changes in law in the future, whether federal,
18 state or local, which mandate certain actions or programs for counties or
19 municipalities may require changes or modifications in some of the terms,
20 conditions or obligations under this Agreement. Nothing contained in this
21 Agreement shall require any party to perform any act or function contrary to law.
22
23 The Franchisor and Franchisee agree to enter into good faith negotiations regarding
24 modifications to this Agreement which may be required in order to implement
25 changes in the interest of the public welfare or due to change in law.
26
27 32. RIGHT TO REQUIRE PERFORMANCE:
28
29 The failure of the Franchisor at any time to require performance by the Franchisee
30 of any provisions hereof shall in no way affect the right of the Franchisor thereafter
31 to enforce the same. Nor shall waiver by the Franchisor of any breach of any
32 provisions hereof be taken or held to be waived of any succeeding breach of such
33 provisions or as a waiver of any provision itself.
34
35 33. TITLE TO WASTE:
36
37 The Franchisor shall, at all times, hold title and ownership to all Residential and
38 Commercial Solid Waste, Vegetative Waste, Rubbish, Recyclable Material and all
39 other waste collected by the Franchisee pursuant to this Agreement.
40
41
36
1 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES.
2
3 This Agreement shall be governed by and construed in accordance with the Laws
4 of the State of Florida applicable to contracts made and to be performed entirely in
5 the State.
6
7 In the event that any cause of action or administrative proceeding is instituted for
8 the enforcement or interpretation of this Agreement, the Franchisor and Franchisee
9 agree that venue will lie in the appropriate. court or before the appropriate
10 administrative body in Monroe County, Florida.
11
12 The Franchisor and Franchisee agree that, in the event of conflicting
13 interpretations of the terms or a term of this Agreement by or between any of them,
14 the issue shall be submitted to mediation prior to the institution of any other
15 administrative or legal proceeding.
16
17 35. COMPLIANCE WITH LAWS:
18
19 The Franchisee shall conduct operations under this Agreement in compliance with
20 all applicable laws.
21
22 36. SEVERABILITY:
23
24 If any term, covenant, condition or provision of this Agreement (or the application
25 thereof to any circumstance or person) shall be declared invalid or unenforceable
26 to any extent by a court of competent jurisdiction, the remaining terms, covenants,
27 conditions and provisions of this Agreement shall not be affected thereby; and each
28 remaining term, covenant, condition and provision of this Agreement shall be valid
29 and shall be enforceable to the fullest extent permitted by law unless the
30 enforcement of the remaining terms, covenants, conditions and provisions of this
31 Agreement would prevent the accomplishment of the original intent of this
32 Agreement. The Franchisor and Franchisee agree to reform the Agreement to
33 replace any stricken provision with a valid provision that comes as close as possible
34 to the intent of the stricken provision.
35
36 37. ASSIGNMENT AND SUBLETTING:
37
38 The Franchisee shall not assign or dispose of the Franchise granted by this
39 Agreement by sale, lease, mortgage or otherwise transfer it in any manner
40 whatsoever without the express written consent of the Franchisor. Prior to any
41 proposed assignment or sale of the Franchise, the Franchisor shall be given the
42 right of first refusal. The Franchisor shall have full discretion to approve or deny,
43 with or without cause, any proposed assignment or assignment by the Franchisee.
44 Any assignment of this Agreement made by the Franchisee without the express
45 written consent of the Franchisor shall be null and void and shall be grounds for
46 the Franchisor to declare a default of this Agreement and immediately terminate
37
1 this Agreement by giving written notice to the Franchisee, and upon the date of
2 such notice this Agreement shall be deemed immediately terminated, and upon
3 such termination all liability of the Franchisor under this Agreement to the
4 Franchisee shall cease, and Franchisor shall have the right to call the performance
5 bond and shall be free to negotiate with other Franchisees or any other person or
6 company for the service of the Franchise area which is the subject of this
7 Agreement. In the event of any assignment, assignee shall fully assume all the
8 liabilities of the Franchisee.
9
10 It is the intent of the parties that no Franchisee, whether by itself or through its
11 parent(s) or holding companies, shall at any time hold or have control of more than
12 two (2) Solid Waste and Recycling Collection Franchise Agreements with the
13 Franchisor.
14
15 For purposes of this Section, a parent or holding company shall mean any person,
16 corporation or company holding, owning or in control of more than ten (10%)
17 percent stock or financial interest in the Franchisee.
18
19 38. MODIFICATIONS:
20
21 This Agreement constitutes the entire contract and understanding between the
22 parties hereto, and it shall not be considered modified, altered, changed or
23 amended in any respect unless in writing and signed by the parties hereto.
24
25 39. INDEPENDENCE OF AGREEMENT:
26
27 Except as otherwise noted in Section 3.A, it is understood and agreed that nothing
28 herein contained is intended or should be construed as in any way establishing the
29 relationship of co-partners between the parties hereto, or as constituting the
30 Franchisee as the agent, representative or employee of the Franchisor for any
31 purpose whatsoever. The Franchisee is to be and shall remain an independent
32 contractor with respect to all services performed under this Agreement.
33
34 40. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT:
35
36 The Franchisee shall have the right of first refusal to provide Residential Solid
37 Waste Collection Services to any municipality in the County located adjacent to and
38 contiguous with its Service Area boundaries under the same terms, conditions and
39 rate of compensation as provided for under the terms of this Collection Agreement.
40 The County and a municipality that elects to be covered by this Collection
41 Agreement shall enter into an interlocal agreement regarding the participation of
38
1 the municipality. Municipalities currently being served by a Franchisee under the
2 terms and conditions of the prior franchise agreement shall continue to be served
3 by those franchisees under the provisions of this Collection Agreement.
4
5 41. OTHER RATE ADJUSTMENTS:
6
7 Non-performance of this Franchise Agreement or a request for a rate increase,
8 either of which are attributed to the Franchisee accepting the Franchise Agreement
9 award at an insufficiently low rate, shall result in cancellation of all solid waste and
10 recycling collection service Franchise Agreements for all service areas entered into
11 with the franchisee.
12
13 42. EXISTING OR PRIOR AGREEMENTS:
14
15 The terms and conditions of this Agreement supersede the terms, obligations and
16 conditions of any existing or prior Agreement or understanding, written or verbal,
17 between the parties regarding the work performed, compensation to be paid, and
18 all other matters contained.
19
20 43. ATTORNEY'S FEES AND COSTS:
21
22 The Franchisor and Franchisee agree that in the event any cause of action or
23 administrative proceeding is initiated or defended by any party relative to the
24 enforcement or interpretation of this Agreement, the prevailing party shall be
25 entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
26 expenses, as an award against the non-prevailing party, and shall include
27 attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
28 proceedings. Mediation proceedings initiated and conducted pursuant to this
29 Agreement shall be in accordance with the Florida Rules of Civil Procedure and
30 usual and customary procedures required by the circuit court of Monroe County.
31
32 44. BINDING EFFECT:
33
34 The terms, covenants, conditions, and provisions of this Agreement shall bind and
35 inure to the benefit of the Franchisor and Franchisee and their respective legal
36 representatives, successors, and assigns.
37
38 45. AUTHORITY
39
40 Each party represents and warrants to the other that the execution, delivery and
41 performance of this Agreement have been duly authorized by all necessary County
42 and corporate action, as required by law.
43
44 46. CLAIMS FOR FEDERAL OR STATE AID:
45
46 Franchisor and Franchisee agree that each shall be, and is, empowered to apply for,
39
1 seek, and obtain federal and state funds to further the purpose of this Agreement;
2 provided that all applications, requests, grant proposals, and funding solicitations
3 shall be approved by each party prior to submission.
4
5 47. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
6
7 Franchisor and Franchisee agree that all disputes and disagreements shall be
8 attempted to be resolved by meet and confer sessions between representatives of
9 each of the parties. If no resolution can be agreed upon within thirty (30) days after
10 the first meet and confer session, the issue or issues shall be discussed at a public
11 meeting of the Board of County Commissioners. If the issue or issues are still not
12 resolved to the satisfaction of the parties, then any party shall have the right to
13 seek such relief or remedy as may be provided by this Agreement or by Florida law.
14
15 48. NONDISCRIMINATION:
16
17 Franchisor and Franchisee agree that there will be no discrimination against any
18 person, and it is expressly understood that upon a determination by a court of
19 competent jurisdiction that discrimination has occurred, this Agreement
20 automatically terminates without any further action on the part of any party,
21 effective the date of the court order. Franchisor and Franchisee agree to comply
22 with all Federal and Florida statutes, and all local ordinances, as applicable,
23 relating to nondiscrimination. These include but are not limited to: (1) Title VI of
24 the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
25 basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of
26 1973, as amended (20 U.S.C. s. 794), which prohibits discrimination on the basis
27 of handicap; (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss.
28 6101-6107), which prohibits discrimination on the basis of age; (4) The Drug Abuse
29 Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to
30 nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol
31 Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.
32 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
33 or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527, (42
34 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol
35 and drug abuse patient records; (7) The Americans With Disabilities Act of 1990
36 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
37 nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992,
38 (Chapter 760, Florida Statutes, and Section 509,092, Florida Statutes), as may be
39 amended from time to time, relating to nondiscrimination; (9) The Monroe County
40 Human Rights Ordinance (Chapter 13, Article VI, Sections 13-101 through 13-130),
41 as may be amended from time to time, relating to nondiscrimination; and (10) any
42 other nondiscrimination provisions in any federal or state statutes or local
43 ordinances which may apply to the parties to, or the subject matter of, this
44 Agreement.
45
46 49. COOPERATION:
47
48 In the event any administrative or legal proceeding is instituted against either party
49 relating to the formation, execution, performance, or breach of this Agreement,
50 Franchisor and Franchisee agree to participate, to the extent required by the other
51 party, in all proceedings, hearings, processes, meetings, and other activities related
40
1 to the substance of this Agreement or provision of the services under this
2 Agreement. Franchisor and Franchisee specifically agree that no party to this
3 Agreement shall be required to enter into any arbitration proceedings related to this
4 Agreement or any Attachment or Addendum to this Agreement.
5
6 50. COVENANT OF NO INTEREST:
7
8 Franchisor and Franchisee covenant that neither presently has any interest, and
9 shall not acquire any interest, which would conflict in any manner or degree with
10 its performance under this Agreement, and that only interest of each is to perform
11 and receive benefits as recited in this Agreement.
12
13 51. CODE OF ETHICS:
14
15 The Franchisor agrees that the officers and employees of the Franchisor recognize
16 and will be required to comply with the standards of conduct relating to public
17 officers and employees as delineated in Section 112.313, Florida Statutes,
18 regarding, but not limited to, solicitation or acceptance of gifts; doing business with
19 one's agency; unauthorized compensation; misuse of public position, conflicting
20 employment or contractual relationship; and disclosure or use of certain
21 information.
22
23 52. NO SOLICITATION/PAYMENT:
24
25 Franchisor and Franchisee warrant that, in respect to itself, it has neither
26 employed nor retained any company or person, other than a bona fide employee
27 working solely for it, to solicit or secure this Agreement and that it has not paid or
28 agreed to pay any person, company, corporation, individual, or firm, other than a
29 bona fide employee working solely for it, any fee, commission, percentage, gift, or
30 other consideration contingent upon or resulting from the award or making of this
31 Agreement. For the breach or violation of this provision, the Franchisee agrees that
32 the Franchisor shall have the right to terminate this Agreement without liability
33 and, at its discretion, to offset from monies owed, or otherwise recover, the full
34 amount of such fee, commission, percentage, gift, or consideration.
35
36 53. PUBLIC ACCESS:
37
38 Franchisor and Franchisee shall allow and permit reasonable access to, and
39 inspection of, all documents, papers, letters, or other materials subject to the
40 provisions of Chapter 119, Florida Statutes, and made or received by Franchisor
41 and Franchisee in conjunction with this Agreement; and the Frnchisor shall have
42 the right to unilaterally cancel this Agreement upon violation of this provision by
43 Franchisee.
44
45 54. NON-WAIVER OF IMMUNITY:
46
47 Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation
48 of the Franchisor and Franchisee in this Agreement and the acquisition of any
49 commercial liability insurance coverage, self-insurance coverage, or local
50 government liability insurance pool coverage shall not be deemed a waiver of
51 immunity to the extent of liability coverage, nor shall any contract entered into by
41
1 the Franchisor be required to contain any provision for waiver.
2
3 55. PRIVILEGES AND IMMUNITIES:
4
5 All of the privileges and immunities from liability; exemptions from laws,
6 ordinances, and rules; and pensions and relief, disability, workers' compensation,
7 and other benefits which apply to the activity of officers, agents, volunteers, or
8 employees of the Franchisor, when performing their respective functions under this
9 Agreement within the territorial limits of the County shall apply to the same degree
10 and extent to the performance of such functions and duties of such officers, agents,
11 volunteers, or employees outside the territorial limits of the County.
12
13 56. LEGAL OBLIGATIONS AND RESPONSIBILITIES; NON-DELEGATION OF
14 CONSTITUTIONAL OR STATUTORY DUTIES:
15
16 This Agreement is not intended to, nor shall it be construed as, relieving any
17 participating entity from any obligation or responsibility imposed upon the entity
18 by law except to the extent of actual and timely performance thereof by any other
19 participating entity, in which case the performance may be offered in satisfaction
20 of the obligation or responsibility. Further, this Agreement is not intended to, nor
21 shall it be construed as, authorizing the delegation of the constitutional or
22 statutory duties of the Franchisor, except to the extent permitted by the Florida
23 constitution, state statutes, case law, and, specifically, the provisions of Chapters
24 125 and 163, Florida Statutes.
25
26 57. NON-RELIANCE BY NON-PARTIES:
27
28 No person or entity shall be entitled to rely upon the terms, or any of them, of this
29 Agreement to enforce or attempt to enforce any third-party claim or entitlement to
30 or benefit of any service or program contemplated hereunder, and the Franchisor
31 and Franchisee agree that neither the Franchisor and Franchisee or any agent,
32 officer, or employee of each shall have the authority to inform, counsel, or
33 otherwise indicate that any particular individual or group of individuals, entity or
34 entities, have entitlements or benefits under this Agreement separate and apart,
35 inferior to, or superior to the community in general or for the purposes
36 contemplated in this Agreement.
37
38 58. ATTESTATIONS:
39
40 Franchisee agrees to execute such documents as the County may reasonably
41 require, to include a Public Entity Crime Statement, an Ethics statement, and a
42 Drug-Free Workplace Statement.
43
44 59. NO PERSONAL LIABILITY:
45
46 No covenant or agreement contained herein shall be deemed to be a covenant or
47 agreement of any member, officer, agent or employee of Monroe County in his or
48 her individual capacity, and no member, officer, agent or employee of Monroe
49 County shall be liable personally on this Agreement or be subject to any personal
50 liability or accountability by reason of the execution of this Agreement.
51
42
1 60. EXECUTION IN COUNTERPARTS:
2
3 This Agreement may be executed in any number of counterparts, each of which
4 shall be regarded as an original, all of which taken together shall constitute one
5 and the same instrument and any of the parties hereto may execute this Agreement
6 by signing any such counterpart.
7
8 61. SECTION HEADINGS:
9
10 Section headings have been inserted in this Agreement as a matter of convenience
11 of reference only, and it is agreed that such section headings are not a part of this
12 Agreement and will not be used in the interpretation of any provision of this
13 Agreement.
14
15 IN WITNESS WHEREOF, the parties hereto have caused this Collection Agreement to be executed by the
16 respective authorized representatives as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
2 : bS�QNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
22
23
24 B
25 Deputy Clerk Mayor/Chairperson
26
27
28
29 (SEAL) (FRANCHISEE NAME)
30 ATTEST: Ted Carter Enterprises, Inc.
31 D/B/A Keys Sanitary Service
32
33
34 By . )ohn qr to r S r.
3 5 Title (-,,u)y,c r e I t- Title
36
MONROE COUNTY ATTORNEY x - r=
APP V AS TO FORM: o�- c
rn�
JOHN R. COLLINS
OUN ATTORNEY
Date- rn
'n D N
r m
a a
c.n
43
1 EXHIBIT I
2 DESCRIPTION OF BOUNDARIES OF SERVICE AREA
3
4
5
6
7
8
9
10 Key Largo
11 (less that portion belonging to
12 Ocean Reef Club,Inc. and Anglers Club Property)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
44
1 EXHIBIT II
2 APPROVED RATE SCHEDULE
3 Keys Sanitary Service
4 FY 2004.2005 Approved Rates
5
6 Residential Collection Rates r unit
Services Curbside Service
Solid Waste $10.31 2x/wk
Recycling $3.31 (lx/wk
7
8 Commercial Solid Waste,Commercial Recycling and Roll-Off Collection Rates
Solid Waste Collection Rate $5.31 per cubic yard
Recycling Container Collection Rate $5.31 per cubic yard
Compactor Collection Rate 12 cubic yards or less $15.95 per cubic yard
Compactor Collection Rate eater than 12 cubicyards) $181.19 per pull
Roll-Off Collection Rate $181.19 per pull
9
10
11 MONTHLY CONTAINER MAINTENANCE FEES
CONTAINERS ON-COMPACTING)
SIZE(cubicyards) RATE w/out locking mechanism
1 YD $14.00
2YD $15.90
3YD $17.85
4YD $18.14
6YD $20.10
8YD $22.05
RECYCLING CONTAINERS
32 gal. $1.27
90 gal. $3.59
12
13 Capacities in between these values can be obtained by interpolation.
14 Capacities outside of these values can be obtained by extrapolation.
45
1 EXHIBIT III
2 DISCLOSURE OF SERVICE RATES
3
4 "REGULATION BY MONROE COUNTY"
5
6 The terms and conditions of this Commercial Solid Waste Collection Service Agreement are regulated by a
7 Collection Agreement granted by Monroe County. Should the customer have any questions relating to the
8 terms and conditions of this Collection Agreement,the customer may call the Contract Administrator at(305)
9 292-4432.
10
11 "COMMERCIAL COLLECTION CONTAINERS"
12
13 The Customer shall be provided the Commercial Collection Container from the Franchisee at the maintenance
14 fee approved by the Board. If the customer chooses to use a Compactor,the customer may rent, lease or own
15 the Compactor from any source, provided that the Compactor can be serviced by the Franchisee's collection
16 equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable,safe,and
17 sanitary condition by the owner. In the event of damage to a Container,the incident will be investigated by
18 the Contract Administrator including a determination of any compensation due the affected party.
19
20 "SPECIAL SERVICES"
21
22 If a customer requests, the Franchisee may provide special services for the collection of Commercial Solid
23 Waste such as rolling Containers out of storage areas, opening doors or gates for access,or other such special
24 services. However,such special services may be provided by the customer,through its own or other personnel.
25 If the Franchisee provides special services, such charges must be separately stated under the "RATES FOR
26 SERVICES" Disclosure Statement. The maximum for these special service rates are fixed by the Board. A
27 copy of these rates can be obtained from the Franchisee or the Contract Administrator.
28
29 "RATES FOR SERVICE DISCLOSURE"
30
31 A RATES FOR SERVICES disclosure statement shall be completed and issued to each Customer receiving
32 Commercial Solid Waste Collection Service, or Special Services. Upon initial signing of a contract for these
33 services, a copy of this disclosure statement shall be provided to the Customer and to the Contract
34 Administrator. Any changes in level of service or cost of service shall require the issuance of new disclosure
35 statement. If service is terminated for any reason,a copy of the disclosure statement indicating the reason(s)
36 and date of termination shall be submitted to the Contract Administrator.
37
38 The "Rates For Services" disclosure statement shall have attached a rate schedule which specifies the
39 Collection Rate and the Disposal Rate based on size of Container and frequency of service; the Container
40 Rental rate,expressed as a monthly flat fee based on the size of the Container;and the cost per month for each
41 Special Service required by the Customer.
46
1 "RATES FOR SERVICES DISCLOSURE STATEMENT"
2
3 Franchise Name: Date of Agreement:
4 Customer Name: Service Date:
5 Customer Address: Begin:
6 Customer Phone#: End:
7 Level of Service:
8
9 Item Monthly Cost
10
11 Cost of Collection of Solid Waste
12 Cost of Disposal of Solid Waste
13 Cost of Container Maintenance for Solid Waste
14 Itemized Charges for Special Services
15 Total
16
17
18 THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE
19 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. SHOULD YOU HAVE ANY
20 QUESTIONS RELATING TO THESE RATES, PLEASE CALL THE SOLID WASTE MANAGEMENT
21 DEPARTMENT (305)292-4432.
47
1
2 EXHIBIT IV
3 ANNUAL FINANCIAL REPORTING FORMAT
4
5
6 The Franchisee shall submit to the Franchisor a certified comparative operating cost statement prepared in
7 accordance with generally accepted accounting standards.
8
9 The Franchisee shall disclose as part of the Statement of Income and Expense all methods of allocations used
10 to distribute costs between commercial and residential operations. The disclosure shall be in narrative form
11 and include the basis for the allocation method.
12
13 The Franchisee shall provide a description of the expenses classified as Other Operating Costs and Other
14 General and Administration.
15
16 Any allocations made will need to be disclosed in a narrative format,along with the basis for those allocations.
17 Additionally, it is understood that each Franchisee shall utilize the accrual basis of accounting for income and
18 expenses.
19
20 Attached is the required format for financial statement reporting in accordance with this Franchise Agreement.
48
1 (Franchisee)
2 Statement of Income and Expenses
3 For(month,year) ended (month,year)
4 Revenues:
5 (list by type) $
6 Total Revenue $
7
8 Expenses and General& Administrative Costs:
9
10 Employees'wages $
11 Employees'insurance-group $
12 Employees'miscellaneous expense $
13 Employees'payroll taxes $
14 Employees'uniforms and laundry $
15 Employees'profit sharing plan $
16 Depreciation-vehicle $
17 Fuel $
18 Vehicle insurance $
19 Vehicle license,tags and tax $
20 Depreciation-equipment $
21 Repair parts and maintenance $
22 Shop supplies $
23 Tires and tubes $
24 Depreciation-facilities $
25 Depreciation-office equipment $
26 Depreciation-containers $
27 Accounting $
28 Bad Debts $
29 Electric $
30 Franchise fees-County $
31 Insurance-general $
32 Legal $
33 Other Operating Costs $
34 Office Expense $
35 Profit sharing plan administration $
36 Postage and freight $
37 Rent $
3 8 Security $
39 Taxes and licenses $
40 Telephone $
41 Utilities $
42 Office salaries $
43 Office insurance-group $
44 Office payroll taxes $
4 5 Office uniforms and laundry $
46 Office profit sharing plan $
47 Advertising $
4 8 Donations $
49 Dues and subscriptions $
5 0 Travel,entertainment and promotion $
5 1 Interest $
52 Amortization $
53 Management Fee $
54 Other general and administration costs $
55
56 Total operating expenses and general and administrative costs $
57
58 Income before Provision for Income Taxes $
59 Provisions for Income Taxes $
60 Net Income $
61
62 "The Accompanying Notes are an Integral Part of this Statement"
49
1 EXHIBIT V
2 SPECIAL SERVICES
3
4
5 RATES DETERMINED BY THE FRANCHISOR
6 (Not to be adjusted during term)
7
8 Rate Per Service
Rolling Out Container (and returning $3.00
it to original location
Back Door Service (Residential Negotiable
Curbside Only)*
Opening and closing) Doors or Gates $1.00
Locks for Containers $10.00 (one time)
Charge for Replacements based on
cost + 10%
Unlocking Containers $1.35
Supplying (and retrofitting) locking $60.00
mechanism on container**
Adding wheels to or changing wheels No Charge
on 1, 2, and 3 yard Containers only
Moving Container Location (if $30.00
feasible) Per Customer Request
Adding lids to or changing lids on No Charge
Containers
Set up and Return Fees $25.00
9
10 There will be no charge for those residents medically unable to bring solid waste or
11 recyclables to curbside as delineated in Section 4. Back Door service to all other
12 customers may be offered by the Franchisee.
13 ** Determination of necessity of locking mechanisms is based on customer
14 requirements.
50
1 EXHIBIT VI
2 PERFORMANCE BOND SLIDING SCALE
3
4
Gross Revenues (Minus Disposal
Fees paid to the Franchisor) Performance Bond Required
in Millions of Dollars
2.5 - Above $400,000
1.5 - 2.5 $300,000
.5 - 1.5 $200,000
.0 - .5 $100,000
5
51
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
_ .f ,?�/�?11��!�✓J_,r'. ,��E, warrants that he/it has not employed, retained
/f/
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover,the full amount of any fee,
commission,percentage,gift,or consideration paid to the former County officer or employee.
(signat e)
Date: nLe lO I I D y
STATE OF
COUNTY OF p n r o Z
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
jo r Y . who, after first being sworn by me, affixed his/her
signature(name of individual signing) in the space provided above on this day of
�—j7Ii n e-- , 20 per.
NOTARY P B c c A
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