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Resolution 135-1989 Municipal Service District RESOLUTION NO. 135 -1989 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF GOVERNORS OF THE MUNICIPAL SERVICE DISTRICT OF MONROE COUNTY, TO SIGN AND EXECUTE ON BEHALF OF MONROE COUNTY, FLORIDA, A CERTAIN FRANCHISE AMENDMENT BETWEEN MONROE COUNTY, FLORIDA, AND Florida Disposal Company BE IT RESOLVED BY THE BOARD OF GOVERNORS OF THE MUNICIPAL SERVICE DISTRICT OF MONROE COUNTY, FLORIDA: The Chairman of the Board of Governors of the Municipal Service District Monroe County is hereby authorized to sign and execute on behalf of Monroe County, Florida, that certain Fran- chise Amendment by and between Monroe County, Florida, and Florida Disposal Company The Franchise Amendment is attached to this Resolution and incorporated herein as if fully set out in the body of the text. PASSED AND ADOPTED by the Board of Governors of the Munici- pal Service District of Monroe County, Florida, at a regular meeting of said Board held on the 'J:J:A- day of ~, A. D. 1989. BOARD OF GOVERNORS OF THE MUNICIPAL SERVICE DISTRICT OF MONROE COUNTY, FLORIDA By AW~ (Seal) Attest :DANNX 1.. KOLHAGE, Clerk ~~~ ~ ~,IJ.~ M'MOVCDM T".... AND LEGAL $t)FF,ef61CY. /7, ,7 ?v~T-:1'< zp-- Atwrnel"j: Otfiee -"" J r t 'q fI , ((3 t [: c () ~ (rJliJ. , , " ." i ,:' -'11 J , , -, '. ", "., ,-,.:l .J I...JW.......V--".-- -......~.......-' FRANCHISE AGREEMENT AMENDMENT This amendment to the franchise agreement dated December 15, 1987, as amended on AprilS, 1988, is made and entered into on this the day of 1989, by and between the Board of County Commissioners of Monroe County Municipal Service District, hereinafter referred to as the "Board or MSD" and Florida Disposal Company hereinafter referred to as the "Franchisee" or the "Collector" or the "Contractor"; WIT N E SSE T H: ~rnEREAS, the parties desire to mutually adjust the compen- sation due to the Contractor; and WHEREAS, provision of erties; and WHEREAS, the parties mutually desire to adjust the tipping fees and clarify the basis on which they are collected; NOW, THEREFORE, for and in consideration of the premises and undertakings herein set forth the Board and the Contractor mutually agree to the following: 1. The addendum to the franchise agreement dated AprilS, 1988 is hereby declared null and void and no longer of any force and effect. 2. Paragraph 4(a) of the December 15, 1987 franchise agreement is amended by the addition of the following: "In lieu of the terms of the first subparagraph of Paragraph 4(a) and upon the request of a property owners' association or appropriate management entity or the owner(s) of a rental devel- opment, the Contractor shall provide to multi-family residential unit developments, mobile home parks and recreational vehicle parks containers to accommodate the residential garbage and horticultural trash generated on site or accept bagged garbage and bagged or bundled horticultural trash which cannot be accom- modated in the containers and are placed beside the container(s). Provided, however, that no Contractor shall be required to the parties mutually desire to provide for the containers on site at certain residential prop- furnish more containers or larger containers or more frequent pick-up service than that provided to any particular multi-family unit development, mobile home park or recreational vehicle park during 1987 unless additional residential units have been con- structed or the number of containers and/or pick-ups provided has been subsequently modified by an agreement between the Contractor and the property owners' association, management entity or owner(s). No containers shall be removed, or number of pick-ups reduced, which would lower the level of service provided to the multi-family unit development, mobile home park or recreational vehicle park below the maximum level of service provided in 1987. Industrial waste, white goods or special waste may be picked up by arrangement with, and payment to, the Contractor. Infectious waste and hazardous waste will not be picked up by the Contractor. 3. Paragraph 9 of the December 15, 1987 franchise agree- ment is hereby amended by to read as follows: "Compensation to the Contractor: Compensation for residential collections shall be estab- lished annually in accordance with the procedures set forth in Chapter 8, Monroe County Code. For the second year of this agreement, to-wit, January 1, 1989 through December 31, 1989, the Contractor shall receive the sum of $ 6.30 per month for each residential unit. That sum shall also include the C.P.I. increase authorized under Paragraph 11 of this agreement. In the event the Contractor is providing containers under Paragraph 4(a) of this agreement, he shall be compensated in the following manner: a) The per month residential unit sum for the residential units in the development or park; plus, if applicable, b) The commercial compensation, determined by reference to Ordinance No. 001-1989, Subsection 1(2) (b), as amended, for any additional containers or pick-ups provided which are in excess of the maximum level of service provided in 1987 as described in 2 Paragraph 4(a) of this agreement. Any disputes regard- Lng this provision shall be individually negotiated and resolved by the County Administrator. The sum described in subparagraph (b) shall be payable by, and billed directly to, the owner(s) in the case of a rental development, to the property owners' association or to another appropriate management entity on a monthly basis only after following the procedure outlined in Paragraph 4(a) as herein amended. The sum shall be payable in advance." 4. Paragraph 10 of the December 15, 1987 franchise agree- ment is hereby amended to read as follows: "Commencing on January 1 , 1989 and continuing through Uecember 31, 1989 , the Contractor shall furnish to the County Administrator, in a format satisfactory to the Admin- istrator, a list of the Contractor's commercial accounts. From January 1, 1989 through December 31, 1989 the Collector shall pay a tipping fee of $ 17.00 per ton for all solid waste delivered to the disposal facility. The tipping fee may be increased or decreased by the Board. The tipping fee amount owed by the Collector shall be deducted, on a monthly basis, from the amount due the Collector by the County for residential col- lections." IN WITNESS WHEREOF, the Contractor has caused these presents to be signed by its proper officers and its seal to be hereto affixed, and the Board has caused these presents to be signed by its Mayor/Chairman and attested by its Clerk and its corporate seal to be hereto affixed, all as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (SEAL) Attest: Clerk Florida Disposal Company By Attest: 3 AWIIOWD,u TO FORM' AND LEGAL SUFFICIE ~NCY' 8y~r?{c" Attorney'" OfficI"