Resolution 678-1989
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RESOLUTION NO. 678-1989
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/
CHAIRMAN OF THE BOARD TO EXECUTE A SOLID WASTE
COLLECTION AGREEMENT BY AND BETWEEN BLAND DISPOSAL
SERVICE, INC. AND MONROE COUNTY CONCERNING THE
COLLECTION OF SOLID WASTE WITHIN THEIR BOUNDARIES.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute
a Solid Waste Collection Agreement by and between Bland Disposal Service,
Inc. and Monroe County concerning the collection of solid waste within their
boundaries, a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
county.~rida. at a regular meeting of said Board held on this
day of /JI.JJ.J~ bt!2.r A.D. 1989.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
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SOLID WASTE COLLECTION AGREEMENT
MONROE COUNTY, FLORIDA
THIS AGREEMENT, made and entered into this 1st day of
November, 1989, between the Board of County Commissioners of ~J\Ollr()e
County,
d political subdivision of the State of
Florida,
hereinafter called "Franchisor" and Bland Disposal Service, Inc.,
hereinafter called "Franchisee".
WIT N E SSE T H :
WHEREAS,
on November I,
1989,
the Franchisor and the
Franchisee entered into a Solid Waste Collection Agreement for
.
Monroe County, Florida (1987 Agreement, as amended); and
WHEREAS, the Franchisor and Franchisee desire to nullify and
cancel the 1987 Agreement as amended and enter into this new
Agreement.
NOW THEREFORE, for and in consideration of the mutual benefits
to f low from each to the other, the parties herein agree as
follows:
1. DEFINITIONS:
A. Board shall mean the Board of County Commissioners
of Monroe County.
B. Collection shall mean the process whereby solid
waste is removed and transported to a Solid Waste Disposal
Facility,
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c.
Commercial
Collection Service
shall
mean
all
Collect i rJr. Service other than Resident i a 1 Collect ion S e r v i C f:' d S
he~einafte~ defined,
:), Commercial Solid Waste shall mean any mixture of
Garbage, Trash and Rubbish that is not Residential Solid Waste.
E. Container shall mean and include any container
designed or intended to be mechanically dumped into a loader packer
type garhage truck.
F. Collection Aqreement shall include this document.
All amendments thereto shall be made in writing and shall be the
written document between the Franchisor and the Franchisee
governing the provision of services as contained herein.
G. Contract Administrator shall be appointed by the
Franchisor.
H. County shall mean Monroe County, Florida.
I. Dwellina Unit shall mean any individual residential
living type of structure or building unit with kitchen facilities
capable of being utilized for residential living other than a hotel
or motel unit.
J. Franchisee shall mean that person or entity that has
obtained from the Franchisor a franchise, contract or permi t to
provide residential and/or commercial solid waste collection
services.
K.
Franchisor
shall
mean
the
Board
of
County
Commissioners of Monroe County.
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L. Garbaqe shall mean all kitchen and table food waste,
animal 0"' vegetative waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials.
~, Garbaqe Receptac le shall mean any commonl y ava i lab Ie
light ga:lge steel, plastic or galvanized receptacle of a non-
absorben: material, closed at one end and open at the other,
fu~nishe~ with a closely fitted top or lid, handle(s) and without
any jagged or sharp edges.
A receptacle also includes a heavy
duty, securely tied, plastic bag designed for use as a garbage
receptacle.
Any receptacle including waste materials shall not
exceed thirty-two (32) gallons in capacity or fift'y (50) pounds in
weight,
~:1less a Franchisee implements an automated or semi-
automate:: collection system requiring the use of some r)the~
standard receptacle compatible with the Franchisee's equipment,
N. Hazardous Waste means solid waste as defined by the
State of Florida Department of Environmental Regulation as a
hazardous waste in the State of Florida Administrative Code Chapter
17-30.
O. Hotel or Motel shall mean a structure or building
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unit(s) with kitchen facilities capable of being utilized for
residential living where such unit or a group of such units is
utilized at least fifty (50%) percent of the time for "Transient
Occupancy" as such term is defined in Chapter 509, Florida
Statutes, or its successor law.
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P.
Industrial
Waste
shall
mean any
solid waste
accumulations of metal, metal products, minerals, chemicals, rock,
cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires,
:-Jott les, cans, lumber, sawdust, waste from animal packing or
slaughterhouse, or other materials usually created by an industrial
enterprise.
Q. Biohazardous Wastes shall mean any solid waste or
liquid waste which may present a threat of infection to humans.
The term includes, but is not limited to, non liquid human tissue
and body parts; laboratory and veterinary waste which contains
human disease causing agents; discarded sharps, hu~an blood, human
blood products and body fluids. The following are also included:
a) Used, absorbent materials such as bandages,
gauzes or sponges that are supersaturated,
having the potential to drip or splash blood
or body fluids, from areas such as operating
rooms,
delivery
rooms,
trauma
centers,
emergency rooms or autopsy rooms;
b) Devices which retain visible blood adhering to
inner surfaces after use and rinsing such as
intravenous tubing, hemodialysis filters and
catheters; and
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Other contaminated solid waste materials which
represent a significant risk of infection that
are generated in medical facilities which care
for persons suffering from those rare or
unusual diseases requiring strict isolation
criteria and listed by the U.S. Department of
Health and Human Services, Centers for Disease
Control.
Guideline
Isolation
for
"CDC
Precautions in Hospitals," July/August, 1983,
R. Multi-Family Dwellinq Unit shall mean and include
any building or structure containing two (2) or more Dwelling Units
under one roof.
S. Permitted Disposal Facility shall mean the place or
places specifically designated by the Franchisor for the disposal
of solid waste.
T. Residential Collection Service shall mean service
to all Dwelling Units, including but not limited to, single-family
dwelling units, each living unit in a multi-family dwelling unit,
condominlum or cooperative association, each mobile home whether
located in a mobile home park or on an individual parcel of
property whether or not the lot is owned by the mobile home owner
and whether or not the unit has an RP tag, and each time-sharing
uni t.
U. Residential Solid Waste shall mean a mixture of
Garbage, Rubbish and Trash resulting from the normal housekeeping
activities of a residential unit.
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V. Rubbish shall mean all refuse, accumulation of
paper I excelsior, rags, wooden or paper boxes and containers I
sweep-ups f and all other accumulations of a nature other than
garbage, which are usual to housekeeping and to the operation of
stores, off ices and other business places.
Also rubbish shall
include any bottles, cans or other containers which, due to ttleir
ability to retain water,
may serve as breeding places for
mosquitoes or other water-breeding insects.
W.
Service Area shall mean that portion of
the
unincorporated area of the County as described in Exhibit
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for
which the Franchisee has an executed Collection Agreement,
X. Sludqe shall mean a solid or semi-solid or liquid
generated from any waste water treatment plant, water supply
treatment plant, air pollution control facility, septic tank,
grease trap, portable toilets and related operations, or any other
such waste having similar characteristics or effects.
Y. Special Waste shall mean those wastes that require
extraordinary management.
They include, but are not limited to,
abandoned automobiles, used tires, waste oil, sludge, dead animals,
agricultural and industrial waste, septic tank pumpings and
Biohazardous and Hazardous wastes.
Z. Trash shall include the specific term "yard trash -
regular" and "yard trash - bulk".
AA.
White
Goods
and
Furniture
means
discarded
refrigerators, ranges, washers, water heaters, bicycles and other
similar domestic appliances and household goods generated from the
property of a Dwelling Unit.
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BB. Yard Trash - Regular shall mean vegetative matters
generated from the property of a Dwelling Unit resulting from yard
and land~;c:aping maintenance and shall include materials such as
tree and shrub trimmings, grass clippings, palm fronds or small
tree branches which shall not exceed four (4) feet in length and/or
four (4) inches in diameter. Such t rash shall be bundled or placed
in cont~iners which are susceptible to normal loading and
collection as other Residential Solid Waste. No bundle or filled
container shall exceed fifty (50) pounds in weight.
CC. Yard Trash Bulk shall mean large cuttings of
vegetative and wood matter which are part of normal yard
maintenance which cannot be cut for placement in a container, bag,
or bundle due to the material exceeding the weight and size
restrictions for regular yard trash. Bulk yard trash shall be of
a type as to be readily handled by the mechanical equipment of the
Franchisee and bulk yard material shall not exceed six (6) feet in
length. Bulk yard trash does not include any form of matter or
debris resulting from commercial tree removal; land clearing; land
development; building demolition or home improvement. Home
improvements as defined herein would include but not be limited to
carpet ing, cabinets, dry wall, lumber, panel ing, and other such
construction related materials. Carpeting will be picked up by the
Franchisee if cut to lengths of six (6) feet or less and bundled.
Bulk yard trash does not include automobiles and automotive
components, used tires, boats and internal combustion engines. In
the case of a dispute between a Franchisee and a customer as to
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~hat constitutes bulky yard trash, the situation will be reviewed
and decj~ed by the Contract Administrator whose decision will be
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SERVICE PROVIDED BY FRANCHISEE:
A. Exclusive Franchise Granted.
The Franchisee i!3 hereir.
granted a~ exclusive franchise to provide Residential Collection
Service a~d Commercial Collection Service in the Service Area as
described in Exhibit I. No other entity except the Franchisee may
offer or provide Residential Collection Service or Commercial
Collection Service in the Service Area.
The Franchisor agrees to
assist the Franchisee in taking timely action against any entity
violating the provisions of this Section.
B. Service Provided By Franchisee. The Franchisee shall
provide Residential Collection Service to all Dwelling Units in the
Service Area. The Franchisee shall provide Commercial Collection
Service in the Service Area. Adjustments to Service Area
boundaries due to municipal annexation or contraction will be as
provided by law.
C. Responsibility For Service Billing and Collection. The
Franchisor shall be responsible for the billing and payments for
Residential Collection Service. The Franchisee shall provide
billing and collection services ~or Commercial Collection Services
as provided herein.
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Emerqency Service Provisions. In
of
event
D.
hurricane, tornado, major storm or other natural disaster, the
Contract Administrator may grant the Franchisee a variance from
regular routes and schedules.
As soon as practicable after such
natural disaster,
the Franchisee shall advise
the Contract
Administrator when it is anticipated normal routes and schedules
can be n~sumed.
The Contract Administrator shall make an effort
through the local news media to inform the publ ic when regular
services may be resumed. The clean-up from some natural disasters
may require that the Franchisee hire additional equipment, employ
additional personnel, or work existing personnel on overtime hours
to clean debris resulting from the natural disaster.
Between May
1st and May 30th of any year that this Collection Agreement is in
effect, the Franchisee shall furnish the Contract Administrator in
a format approved by the Contract Administrator a rate schedule for
equipment and service for a clean-up of natural disasters or other
such occurrences. The Franchisee shall receive extra compensation
above the normal compensation contained in this Collection
Agreement, after such has been approved by the Board, based on the
rate schedule submitted to the Contract Administrator. Payment for
these services shall be made by the Franchisor within ninety (90)
days of the receipt of the billing by the Franchisor.
3.
TERM:
The term of this Contract shall be for a period beginning
November 1, 1989 and terminating September 30, 1994.
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4.
SOLID WASTE COLLECTION SERVICE:
A. All Collection Services:
( 1 )
Conditions and Frequency of Service.
All
Residential Solid Waste including Yard Trash-Regular
shall be properly containerized in Garbage Receptacles
or tied in bundles not exceeding four (4) feet in length.
No filled receptacle or bundle shall exceed fifty (50)
pounds in weight. (Yard Trash - Bulk will be as defined
in Section 1.CC) Residential Collection Service, except
for permitted holidays, shall be provided twice per week
with not less than forty-eight (48) hours nor more than
seventy-two (72) hours between regularly scheduled pick-
up days. Yard Trash - Bulk and White Goods and Furniture
as defined in Section 1.CC and 1.AA of this Collection
Agreement shall be picked-up by the Franchisee within
seven (7) calendar days of notification by the resident
of the Dwelling Unit. White Goods and Furniture and Yard
Trash -Bulk must be placed at the usual accessible pick-
up location.
(2) Where
Containers
used
to
provide
are
Residential Collection Service, the level of service
should be sufficient to meet the needs of the customers
in a safe and sanitary manner.
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(3) In the event
agreement, the Contract
the parties cannot reach
Administrator shall make
an
a
decision binding on both parties as to the level and type
of service to be provided including the location and size
of Containers and the required number of pick-ups per
week. The Franchisee shall provide and bill the customer
for the Residential Collection Service Containers at the
maintenance fee approved by the Board in the approved
rate schedule.
(4) Accessibility. All Residential Solid Waste to
be collected shall be placed within six (6) feet of the
curb; paved surface of the public roadway, closest
accessible public right-of-way, or other such location
agreed to by the Franchisee that will provide a safe and
efficient accessibility to the Franchisee's collection
crew and vehicle. Where the resident of a Dwelling Unit
is physically unable to deliver Residential Solid 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 Contrac~
Administrator shall mediate the dispute and designate the
location for pick-up. The Franchisee may provide
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additional services such as back door collection for an
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additional fee to be determined by the Franchisee and
billed by the Franchisee directly to the customer,
(5 )
Hours of Collection.
Residential Collection
Service shall be provided between the hours of 5:00 a,m,
and 11:00 p.m. Monday through Saturday. For the purpose
of this Section only,
Multi-Family Dwelling Units
receiving a containerized collection service and non-
residential uses located adjacent to residential uses
shall be considered residential collection and shall only
be collected between the hours of 5:00 a.m. and 1J :00
p. In. Monday through Saturday.
Other non-resident ial
uses, may be collected at any time.
The hours of
collection
may
he
extended
due
to
extraordinary
circumstances or conditions with the prior consent of the
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(6 )
Routes and Schedules.
For
Residential
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Collection Service only, the Franchisee shall provide the
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Contract Administrator, in a format acceptable to the
Contract Administrator, the schedules for all Collection
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routes and keep such information current at all times.
If any changes in the Collection routes occur, then the
Contract Administrator shall be immediately notified in
writing.
In the event of a permanent change in routes
or schedules that wi II al ter the day of pick-up, the
F'ranchisee shall immediately notify the customer affected
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in wr i t ing or other manner approved by the Con t rac t
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Administrator not less than two (2) weeks prior tel the
change.
(7) Manner of Collection.
The Franchisee shall
collect Residential and Commercial Solid Waste with as
little disturbance as possible and shall leave any
Garbage Receptacle at the same point it was collected.
To be eligible for pick-up, Residential Solid Waste and
Yard Trash-Regular must be placed in a Garbage Receptacle
or properly bundled.
Yard Trash - Bulk and White Goods
and Furniture as defined in Section 1.CC and 1.AA of this
Collection Agreement shall be picked up by the Franchisee
within seven (7) calendar days of notification by the
resident of the Dwelling Unit. White Goods and Furniture
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and Yard trash
Bulk must be placed at the usual
accessible pick-up location.
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( 8 )
Personnel of the Franchisee.
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a.
The Franchisee shall assign a qualified
person or persons to be in charge of the operations
within the Service Area and shall give the name(s)
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of the person(s) to the Contract Administrator.
b. Each driver of a collection vehicle shall
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at all times carry a valid Florida driver's license
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for the type of vehicle that is being driven.
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c.
The Franchisee's name and off ice telephone
number
shall
be
properly
displayed
on
a) 1
Residential and Commercial Solid Waste Collection
vehicles,
(9) Spillage. The Franchisee may refuse to ~n]lect
any Residential or Commercial Solid Waste that IS not
contained within a Garbage Receptacle, Container or
properly bundled as provided herein.
The Franchi see
shall transport all Residential and Commercial Snlicl
Waste in such a manner as to prevent the spi 11 ing or
blowing from the Franchisee's vehicle.
The Franchisee
shall promptly clean up all spillage caused by the
Franchisee.
(10) Permitted Disposal Facility.
All Resident,ial
and Commercial Solid Waste shall be delivered as
designated by the Franchisor to the closest Residential
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and Commercial Solid Waste disposal site or facility to
the Franchisee's Service Area.
In the event the
Franchisor or its designee should require the Franchisee
to deliver to a disposal site or facility which is a
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greater distance than the nearest disposal site or
facility, the Franchisor shall compensate the Franchisee
for such additional directly related costs based on a
cost per truck mile annually agreed upon by the
Franchisor and Franchisee.
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The Franchisee shall provide written'notice to the
Franchisor by May 30th of each year the estimated cost
of operation per truck mile which shall be in effect for
the ensuing twelve (12) month period beginning July 1st.
The Franchisor shall provide the Franchisee written
notice of either approval or denial of the proposed cost
hy June 15th. If denied, the Franchisor and the
Franchisee agree to negotiate in good faith and r~ach
agreement regarding the estimated cost per truck mile.
Such agreement shall not be unreasonably withhelrl. by
ei ther the Franchisor or Franchisee. If an agreem~nt
cannot be reached, the Franchisee may petition the Board
of County Commiss ioners for a f inaJ hear ing on the
denial. Such decision by the Board shall be final,
(11) Collection Equipment. The Franchisee shall
have on hand at all times and in good working order such
equipment as shall permit the Franchisee to adequately
and efficiently perform the contractual duties specified
in this Collection Agreement. Upon execution of this
Collection Agreement and annually thereafter, the
Franchisee shall provide in a format specified by the
Contract Administrator a list of the equipment used by
the Franchisee to provide services relating to this
Collection Agreement. Residential and Commercial
Collection Service equipment shall be of the enclosed
loader packer type and all equipment shall be kept in
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good repair, appearance and in a sanitary, clean
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condition at all times. The Franchisee shall have
avai lable reserve equipment which can be prompt 1 y put
into service in the event of a breakdown.
Such reserve
equipment shall correspond in size and capacity to the
equipment used by the Franchisee
to perform
the
contractual duties.
( 12) Spec ial Waste, Hazardous Waste, Biohazardous
Waste and Sludge.
The Franchisee shall not be required
to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous Waste or Sludge, but may offer such service
in the Service Area.
All such Collection and disposal
for those types of waste in this Section are not
regulated under this Collection Agreement,
but
if
provided by the Franchisee shall be in strict compliance
with all federal, state and local laws and regulations.
( 13)
Hol idays. The following days shall be hoJ idays:
Fourth of July, Labor Day, Thanksgiving Day, Christmas
Day and New Year's Day.
The Franchisee shall not be
required to collect Residential Solid Waste or maintain
office hours on these designated holidays.
Residential
Solid Waste not collected on the designated holidays
shall be collected on the customer's next scheduled pick-
up day after the holidays.
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B. Commercial Collection Service:
The Franchisee shall, except as otherwise prov ided in
this Collection Agreement,
collect and dispose of all
Commerc ial So lid Waste in the Service Area, except Spec i a 1
Waste, Hazardous Waste, Biohazardous Waste and Sludge, from
or generated by any use as defined in Section l.C of this
Collection Agreement.
Such Commercial Collection Service
shall be governed by the following material terms:
( 1 )
Conditions and Frequency of Service.
A
minimum of once a week service is required of all
customers, however, where Garbage, as defined herein, is
generated, a minimum of twice per week collection is
required.
Such service shall be provided by mechanical
Container as defined herein.
However, where a customer
generates one (1) cubic yard or less per week of waste,
Garbage Receptacles provided by the customer may be
utilized.
Customers generating one (1) cubic yarrl or
less per week shall be charged at the minimum cubic yard
rate as established.
The size of the Container and the
frequency of Collection shall be determined between the
customer and the Franchisee. However, size and frequency
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shall be sufficient to provide that no Garbage and
Commercial Solid Waste need be placed outside the
Container.
Storage capacity shall be suitable for the
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amount of waste generated by the customer.
In the event
the parties cannot reach an agreement, the Contract
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Administrator shall make a decision binding on both
parties as to the level and type of service to be
provided including the location and size of Containers
and the required number of pick-ups per week. The
Franchisee shall provide the Commercial Collection
Service Containers at the maintenance fee approved by the
Board in the approved rate schedule.
All Commercial Sol id Waste shall be placed in a
Container
or
Garbage
Receptacle.
Where
Garbage
Receptacles are used, they shall be placed at the
roadside or at such other single collection point as may
be agreed upon between the Franchisee and the customer.
All Containers shall be kept in a safe, accessible
location agreed upon between the Franchisee and the
customer. Mechanically compacted Commercial Solid Waste
shall not be placed by a customer in a non-compaction
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Container.
(2 )
Method of Collecting.
Collection shall occur
on a regular basis with a frequency of pick-up as
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provided herein and the size of the Container to be
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agreed upon between the Franchisee and the customer.
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( 3 )
Leve I,
Type and Disclosure
of Rates for
Commercial Collection and Other Services.
For Commercial
Co llect ion Serv ice and 0 ther non-res iden t ia 1 serv j Cf~S f
a written agreement between the Franchisee and the
customer shall be entered into regarding the leve: i-'lIld
type of service to be provided and manner of collection
of fees.
The fees charged to the customer shall be in
accordance with the rate schedule as shown in Exhibit II
and as may be adjusted pursuant to the provisions of this
Collection Agreement.
The fees charged to the customer
by the Franchisee may vary in accordance with the rate
schedule in Exhibi t II based on changes in size of
Containers and/or changes in frequency of Collect ion.
The terms and conditions of such agreement shall be in
compliance with all provisions of this Collection
Agreement.
The customer shall subscribe tol a level of
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service sufficient to meet the needs of the customer in
a sanitary and efficient manner.
However, upon failure
of the parties to reach such an agreement, either party
may apply to the Contract Administrator, who shall
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establish the leveJ and type of service to be provided
including the location, size of the Container and number
of pick-ups per week and the "TOTAL RATE" to be charged
within the approved rate limits contained in Exhibit II.
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The Franchisee will be responsible for the billing and
collection of Commercial Collection Service except as
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otherwise provided in this Collection Agreement. The
written agreement between the Franchisee and the customer
shall contain a separate page as follows:
lIREGULATION BY MONROE COUNTyll
The terms and conditions of this Commercial Solid Waste
Collection
Service
Agreement
are
regulated
by
a
Collection Agreement granted by Monroe County.
Should
the customer have any questions relating to the terms and
conditions of this Collection Agreement, the customer may
call the Contract Administrator at the Mun~cipal
C' .
~)erVlce
District Office.
"COMMERCIAL COLLECTION CONTAINERS"
The Franchisee shall provide the Commercial Collection
Container and shall collect and maintain such container
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at rates approved by the Board.
Commercial Collection
Containers shall be maintained by the Franchisee in a
serviceable and safe condition.
However, should a
customer cause damage to a Container, the customer will
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amount of the damages as determined by the Contract
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"SPECIAL SERVICES"
The Franchisee is not required to provide special
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. Such special services may be provided by the
customer, through its own or other personnel. or may be
separately negotiated with the Franchisee. If negotiated
wi th the Franchisee, such charge must be separately
stated as item (c) under the lIRATES FOR SERVICES"
disclosure.
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"RATES FOR REGULAR SERVICE"
The total RATES FOR REGULAR SERVICE under this Commercial
Solid Waste Collection Services Agreement are as follows:
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(a.) COST OF COLLECTION
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(b.) COST OF DISPOSAL
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5.
CHARGES, RATES AND LEVEL OF SERVICES:
A. Residential and Commercial Rate Adjustments.
For
Residentjal and Commercial Collection Services, the charges shall
be initi;dly based on the rates shown in Exhibit II, and as
subseque:tly adjusted pursuant to this Collection Agreement. The
Franchis~e shall receive an annual adjustment in the residential
and commprcial rates to conform with any increase or decrease for
the prev ious calendar year in the Uni ted States Department of
Labor, Bureau of Statistics, Washington, D.C., Consumer Price Index
for Urban Wage Earners and Clerical Workers - All Items - (1982-84
= 100) f or the Miami area. In no case shall the Consumer Pr i ce
Index adjustment exceed seven (7%) percent.
In addition to the annual adjustment to the base rate
calculatpd using Consumer Price Index, the base rate shall also be
adjusted to reflect the actual percentage change from October 1
through September 30 of the previous service year in the number of
Dwelling Units receiving Residential Collection Service.
The total rate adjustment shall be calculated by adding the
current fiscal year Collection Contract base rate adjusted by total
percentage change in the Consumer Price Index as described herein
and the residential Dwelling Unit growth factor described above.
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No change in any Residential or Commercial Collection Service
rates, except for the annual adjustment as provided by this Section
5.A, sha1: be made by the Franchisor except as otherwise provided
in this C:nllection Agreement. The Franchisor shall implement the
annual adjustment by Resolution as part of the Franchisor's annual
budget ~doption process. Annual rate adjustments shaJl be
effective October 1st, unless otherwise mutually determined by the
Franchisor and Franchisee.
B. Franchisor's Obliqation - Billing, Collection, Payments
The Franchisor or its designee will be responsible for
the billing and collection of payments for Residential
Collection Services. The Franchisee shall be entitled to
payment for services rendered irrespective of whether or not
the Franchisor collects from customers for such service. On
or hefore November 1, 1989, and before commencement of work
by the Franchisee under the terms of this Agreement, the
Frar,chisor shall provide to the Franchisee a copy of the
annual assessment roll or other appropriate document listing
the Residential Collection Service Dwelling Units to receive
service. Thereafter and for the duration of this agreement,
the Franchisor shall promptly notify the Franchisee of new
residential units to be served and/or deleted.
This monthly payment will be due and paid to the
Franchisee no later than the tenth (10th) day of the month
following the month during which services were rendered.
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c.
Solid Waste Disposal Costs.
Commercial
Solid
Waste
Collection Service disposal costs shall be separated from
Comnercial Collection Service costs as shown in Exhibit II.
Residential disposal costs will be part of the special
aSSf-'ssment bi lled by t~le Franchisor.
Commercial disposal
co S ~ '; wi II be part of the service charge hill e cJ by the
Franchisee until September 30, 1990. The Franchisee will pay
the Franchisor for Commercial Solid Waste disposal unt i 1
September 30, 1990, based on the calculation shown in Exhibit
II.
Beginning October 1,
1990, commercial solid waste
disposal costs will be billed and collected by the Franchisor.
If the Franchisor is unable to implement the system to provide
for the collection of commercial solid waste disposal costs
by October 1, 1990, the Franchisee wi 11 continue to bill
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Franchisor implements its billing system.
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Extraordinary Rate Adjustment.
The
Franchisee may
petition the Franchisor at any time for an additional rate
adjustment on the basis of extraordinary and unusual changes
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in the cost of operations that could not reasonably be
foreseen by a prudent operator.
The Franchisee I s request
shall contain substantial proof and justification to support
the need for the rate adjustment. The Franchisor may request
f~om the Franchisee such further information as may be
reasonably necessary in making its determination. The
Franch isor , act ing reasonably, shall approve or deny the
request, in whole or in part, within sixty (60) days of
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recpipt of the request and all other additional information
req\: ired by the Franchisor.
6. OFFICE:
The Franchisee shall maintain an office withjn :v'onroe
Cour~ ty where complaints can be rece i ved. It sha II be equ ipped
with sufficient telephones, and shall have responsible persons
in charge and shall be open during normal business hours,
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Monday through Friday.
The Franchisee shall provide either
a telephone answering service or mechanical device to receive
customer inquiries during those times when the office is
closed.
7. SERVICE INQUIRIES AND COMPLAINTS:
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A.
All service inquiries and complaints shall be
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directed to the Franchisee.
All service complaints will be
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handled by the Franchisee in a prompt and efficient manner.
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In the case of a dispute between a Franchisee and a customer,
the matter will be reviewed and a decision made by the
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Contract Administrator.
B. The Franchisee will maintain a written record of all
inquiries and complaints on forms provided by the Franchisor.
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or complaint: Date; time of call; person calling; address of
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person call ing; telephone number of person call ing; reason
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for inquiry or complaint; and action taken by Franchisee.
The Franchisee will, by the tenth (10th) day of each month
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file with the Contract Administrator a copy of the completed
forlri~' for all inquiries and complaints received by the
Fra':ch i see dur ing the preceding month.
C.
The
Franchisee
shall
provide
the
Contract
Ackl::ljs::~ator with a report of the disposition o~ any
unresolved complaint involving a claim of damage to private
or public property as a result of actions of the Franchisee's
employees, agents or subcontractors.
8.
FILING OF REQUESTED INFORMATION AND DOCUMENTS:
(1) In addi t ion to any other requirements of this
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Collection Agreement, the Franchisee shall be required to file
pertinent information pertaining to Residential and Commercial
Collect ion Services that is requested by the Franchisor to
comply with the provisions of Section 403, F.S. and other
regulations promulgated thereunder.
(2) The Franchisee shall file and keep current with the
Franchisor all documents and reports required by this
Collection Agreement. During the month of September for each
year this Collection Agreement is in effect, the Franchisee,
based on a list provided by the Franchisor, shall ensure and
certify to the Franchisor that all required documents such as,
but not limited to, certificates of insurance, audits,
performance bond or letter of credit, route schedule and maps,
drivers license certifications,
and list of collection
equipment vehicles,
are current and on file with the
Franchisor.
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PERMITS AND LICENSES:
The Franchisee shall obtain, at his own expense, all
permits and licenses required by law for the Franc~:,ls~p's
operation under this Collection Agreement and mai"ta>~ the
Si3.l",'~ in full force and effect.
10. PERFORMANCE BOND:
The Franchisee,
shall furnish to the
if required,
Franchisor a performance bond executed by a surety company
licensed to do bus iness in the State of F lor i da and / or an
irrevocable letter of credit issued by a local bank for the
faithful performance of this Collection Agreement and all
obligations arising hereunder in an amount as shall be
determined by Franchisor. In no event shall the amount of the
performance bond or letter of credit, if required, exceed the
amount of Residential and Commercial Collection Service
revenues collected by the Franchisee in the Service Area
during the previous fiscal year.
The irrevocable letter of
credit or bond provided hereunder, each may be substituted for
the other upon approval by the Franchisor.
The form of this
bond or letter of credit shall be acceptable to the
Franchisor's attorney.
WORKER'S COMPENSATION INSURANCE:
Worker I S Compensat ion coverage must be maintained ir.
accordahce with statutory requirements as well as Employer's
Liability Coverage in an amount not less than $100,000.00 per
incident.
27
"
12. LIABILITY INSURANCE:
The Franchisee shall, during the term of this Agreement,
and a.ny extensions hereof maintain in full force and ef:'ect
gen~~al and automobile liability insurance, which specifically
cov. "'S d II exposures ine i den t to the Franch i see's ope rd t i IlI1S
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contract.
Such insurance shall be with a company
ratr-:d "A" or better by Best Rating Servi.ce and in a:1 dIlHJU:;t
of :;ot less than $1,000,000.00 Combined Single ~i:T:it :'0Y'
pe r ~30na 1
injury,
including
death,
and property damage
liability and shall include but not be limited to coverage for
Premises/Operations,
Products/Completed
Operations,
Contractual,
to
support
the
Franchisee's
agreement
or
indemnity and Fire Legal Liability.
Policy(ies) shall be
endorsed to show the Franchisor, a political subdivision of
the state of Florida, as an additional insured as its
interests may appear; and shall also provide that insurance
shall not be cancelled, limited or non-renewed until after
thirty (30) days written notice has been given to the
Franchisor.
Current certificates of insurance evidencing
required coverage must be on file with the Franchisor at all
times.
Franchisee expressly understands and agrees that any
insurance protection furnished by Franchisee shall in no way
limit its responsibility to indemnify and save harmless
Franchisor under the provision of Paragraph 13 of this
Agr~ement.
28
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INDEMNITY:
The Franchisee will hold the Franchisor harmless from any
and a 11 1 iabi 1 i ties, losses or damages the Franch i sor may
suf:er as a result of claims, demands, costs or judgments
a g.=J i '1 S t the F l' a n chi so l' a l' i sin g 0 u t 0 f the n e g 1 i 9 e n c p ()~'
omission of the Franchisee or its employees, which said
liaLilities,
losses, damages, claims, demands, costs or
jud'J:nent arise directly out of the matters which aY'e the
subject of this Collection Agreement and the work to be
performed thereby.
The Franchisee shall in no way be
responsible for or in any way indemnify or hold the Franchisor
harmless for any act, omission, negligence or other liability
cauGed by the act or omission in whole or in part of the
Franchisor or anyone of its employees or agents.
BOOKS AND RECORDS:
The Franchisor or its designee shall have the right to
revjew on three (3) days written notice all records maintained
by the Franchisee pertaining to this Collection Agreement.
An annual audit of the books and records 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 within one
hundred and twenty (120) days of the twelve (12) month period
end ing . the Franchisee's fiscal year, unless an extension
should be approved by the Franchisor. No rate adjustments of
29
any type will be granted to the Franchisee unless all required
audits have been filed in a timely manner.
15. POINT OF CONTACT:
All dealings, contacts, notices and payments between the
Fra~- ch i see and the Franch i sor shaJ 1 be d i rec ted by the
Franchisee to the Contract Administrator.
16. NOTICE:
A letter addressed and sent by United States Mail Return
Receipt to either party at its business address shown
hereinabove or hand delivered with a signed receipt shall be
sufficient notice whenever required for any purposes in" this
Collection Agreement t except where otherwise herein designated
by telephone.
17. DEFAULT OF CONTRACT:
A. The Franchisor may cancel this Collection Agreement,
excppt as otherwise provided below in this section, by giving
Franchisee thirty (30) days advance wr i t ten not ice, to be
served as hereafter provided, upon the happening of anyone
of the following events:
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1. Franchisee shall take the benef it of any
present or future insolvency statute, or shall make a
general assignment for the benefit of creditors, or file
a voluntary petition in bankruptcy or a petitio!1 or
answer seeking an arrangement for its reorganization or
the readjustment of its indebtedness under the Federal
Bankruptcy laws or under any other law or state of the
United States or any state thereof, or consent to the
appointment of a receiver, trustee or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, Franchisee shall
be adjudged bankrupt or an order shall be made approving
a petition filed by any of its creditors or by any of the
stockholders
of
the
Franchisee,
seeking
its
reorganization or the readjustment of its indebtedness
under the Federal bankruptcy laws or under any law or
statute of the United States or of any state thereof,
provided that if any such judgment or order is stayed or
vacated within sixty (50) days after the entry thereof,
any notice of cancellation shall be and become null, void
and of no effect; unless such stayed judgment or order
is reinstated in which case, said default shall be deemed
immediate; or
31
3. By or pursuant to or under authority of any
legislative act, resolution or rule or any order or
decree of any Court or governmental board, agency or
officer having jurisdiction, a receiver. truste~ or
liquidator shall take possession or control of all or
substantially all of the property of the Franchisee, and
such possession or control shall continue in effect for
a period of sixty (60) days; or
4. The Franchisee has defaulted, by failing or
refusing to perform or observe the terms, conditions or
covenants in this Agreement or any of the rules and
regulations promulgated by the Franchisor pursuant
thereto or has wrongfully failed or refused to comply
with the instructions of the Contract Administrator
relative thereto and said default is not cured within
thirty (30) days of receipt of written notice by
Franchisor to do so, or if by reason of the nature of
such default, the same cannot be remedied within thirty
(30) days following receipt by Franchisee of wri tten
demand from Franchisor to do so, Franchisee fails to
commence the remedy of such default within said thirty
(30) days following such written notice or having so
commenced shall fail thereafter to continue with
diligence the curing thereof (with Franchisee having the
burden of proof to demonstrate [a] that the default
cannot be cured within thirty (30) days, and [bJ that it
is proceeding with diligence to cure said default, and
32
such default will be cured within a reasonable period of
time.
B. However, notwithstanding anything contained herein
to the contrary, for the fai lure of Franchisee to provide
CoJ'ection Service for a period of five (5) consecutive
scheduled working days,
the Franchisor may secure the
Franchisee's billing records on the sixth (6th) working day
in order to provide interim collection services until
such time as the matter is resolved and the Franchisee is
aga in able to perform pursuant to this Collect ion Agreement.:
provided, however, if the Franchisee is unable for any reason
or cause to resume per formance at the end 0 f th i rty (30)
working days all liability of the Franchisor under this
Co] lection Agreement to the Franchisee shall cease and this
Col ~ection Agreement may be deemed immediately terminated by
,
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the F'ranchisor.
C. Notwithstanding the foregoing and as supplemental and
addjtional means of termination of this Collection Agreement
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und~r this Section, in the event that Franchisee's record of
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performance shows that Franchisee has frequently, regularly
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or repetitively defaulted in the performance of any of the
covenants and condi t ions required herein to be kept and
performed by Franchisee, i~ the opinion of Franchisor and
regardless of whether Franchisee has corrected each individual
.
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condition of default, Franchisee shall be deemed a "habitual
violator", shall forfeit the right to any further notice or
grace period to correct, and all of said defaults shall be
33
considered cumulative and collectively, shall constitute a
cond i t ion of irredeemable defaul t .
The Franchisor shall
thereupon
issue
Franchisee
final
warning
citing
the
circumstances therefore, and any single default by Franchisee
of whatever nature, subsequent to the occurrence of the last
of said cumulative defaults, shall be grounds for immediate
terJ:lination of this Collection Agreement. In the event of any
such subsequent default, Franchisor may terminate this
Collection Agreement upon the giving of written Final Notice
to f.'ranchisee, such cancellation to be effective upon the
fifteenth consecutive calendar day following the date of Final
Notice, and all contractual fees due hereunder plus any and
all charges and interest shall be payable to said date, and
Franchisee shall have no further rights hereunder.
Imm""diately upon receipt of said Final Notice, Franchisee
sha] 1 proceed to cease any further performance under th is
Collection Agreement.
D. In the event of the aforesaid events specified in
paragraphs A, Band C above and except as otherwise provided
in said paragraphs, termination shall be effective upon the
date specified in Franchisor's written notice to Franchisee
and upon said date this Collection Agreement shall be deemed
immediately terminated and upon such termination all liability
of the Franchisor under this Collection Agreement to the
Franchisee shall cease, and the Franchisor shall have the
right to call the performance bond and shall be free to
negotiate with other Franchisees for the operation of the
34
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herein specified services.
The Franchisee for failure to
perform shall reimburse the Franchisor all direct and indirect
costs of providing interim collection service.
18. MODIFICATIONS TO COLLECTION AGREEMENT DUE TO PUBLIC WELFARE
OR CHANGE IN LAW:
The Franchisor shall have the power to make changes in
this Collection Agreement as the result of changes in law and
to impose new and reasonable rules and regulations orl the
Franchisee under this Collection Agreement relative to the
scope and methods of providing Residential and Commercial
Collection Services as shall from time to time be necessary
and desirable for the public welfare.
The Franchisor shall
giv1' the Franchisee reasonable notice of any proposed change
and an opportunity to be heard concerning those matters. The
scope and method of prov id ing Res ident ia 1 and Commerc i a 1
Collection Services as referenced herein shall also be
liberally construed to include, but is not limited to the
manner, procedures, operations and obligations, financial or
otherwise, of the Franchisee.
The Franchisor and Franchisee
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understand and agree that the
1988 Florida Legislature has
made
comprehensive
changes
in
Solid
Waste
Management
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legislation and that these and other changes in law in the
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future which mandate certain actions or programs for counties
or municipalities may require changes or modifications in some
of the terms, conditions or obligations under this Collection
Agreement.
Nothing contained in this Collection Agreement
35
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shall require any party to perform any act or function
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contrary to law. The Franchisor and Franchisee agree to enter
into good faith negotiations regarding modifications to this
Collection Agreement which may be required in order to
imp2p.ment changes in the interest of the public welfare or due
to change in law.
When such modifications are made to this
Collection Agreement, the Franchisor and Franchisee shall
neg(ltiate in good faith,
a reasonable and appropriate
compensation for any additional services or other obligations
regn ired of the Franchisee due to any modif ication in the
Collection Agreement under this Section. The Franchisor shall
not unreasonably withhold agreement to such compensatioIl. At
the sole opt ion of the Franchisor, the scope of serv ices
inc luded under the provisions of this Collection Agreement may
be ~mended to include residential and/or commercial recycling
collection services and/or the processing and/or marketing of
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recyclable materials to include, but not be limited to,
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newspapers,
glass,
aluminum,
metal
cans,
plastics and
corrugated
cardboard
materials.
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the Franchisor
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exercise this option, the Franchisee and the Franchisor agree
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to negotiate in good faith the terms and conditions of service
and the amount of compensation to be paid to the Contractor
for providing the services.
If the Franchisor and the
Franchisee fail to reach an agreement within sixty (50) days
from the initiation of such negotiations, the Franchisor may
solicit proposals from other persons to undertake residential
and/or commercial recycling services as are determined and
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19. RIGHT TO REQUIRE PERFORMANCE:
The failure of the Franchisor at any time to require
performance by the Franchisee of any provisions hereof shall
in no way affect the right of the Franchisor thereafter to
e~fr ~ce the same.
Nor shall waiver by the Franchisor of any
breach of any provisions hereof be taken or held to be waived
of a~y succeeding breach of such provisions or as a waiver of
any provision itself.
20. TITLE TO WASTE:
The Franchisor reserves the right at all times to hold
title and ownership to all Residential and CommerciaJ
CoJ~ection Services Solid Waste collected by the Franchisee
pursuant to this Collection Agreement.
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LAW TO GOVERN:
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This Collection Agreement shall be governed by the laws
of the State of Florida.
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COMPLIANCE WITH LAWS:
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The Franchisee shall conduct operations under this
Collection Agreement in compliance with all applicable laws.
23. ILLEGAL PROVISIONS:
If any provisions of this Collection Agreement shall be
declared illegal, void or unenforceable, the other provisions
shall not be affected but shall remain in full force and
eff(~ct .
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ASSIGNMENT AND SUBLETTING:
No assignment of this Collection Agreement or any right
occurring under this Collection Agreement shall be made in
whole or part by the Franchisee without the express written
consent of the Franchisor.
The Franchisor shall have full
dis('ret ion to approve or deny, wi th or wi thout cause, any
proposed assignment or assignment by the Franchisee. Any
assignment of this Collection Agreement made by the Franchisee
without the express written consent of the Franchisor shall
be null and void and shall be grounds for the Franchisor to
declare a default of this Collection Agreement and immediately
terminate this Collection Agreement by giving written notice
to +:he Franchisee I and upon the date of such not ice this
Co] lection Agreement shall be deemed immediately terminated,
and upon such terminat ion all 1 iabi I i ty of the Franch j sor
undpr thi s Co llect ion Agreement to the Franch i see sha l] cease,
and Franchisor shall have the right to call the performance
bond and shall be free to negot ia te with othpr Franch i sef:'S or
any other person or company for the service of the SE-rv iCE-
Area which is the suhject of this Collection Agreement. In
thE' E!VE'nt of any assignmE'nt, assignE!E' shall fully a~;sumE' aLL
the liabilities of the Franchisee.
It is the' .intent of the partie~; that no F'ranchisE"E',
whether by itself or through its parent(5) or holding
companies, shall at any t:imE! hold or have control of more than
two
( 2 )
Residential
and Commercial
Collection
Service
Col.L€!c:tion Agreements with the Franchisor.
For purposes of
38
this Section, a parent or holding company shall mean any
person, corporation or company holding or owning more than
twenty five (25%) percent stock or financial interest in the
Franchisee.
25. EFFECTIVE DATE:
This Collection Agreement shall become effective November
1, 1989, and the Franchisee shall begin Residential and
Commercial Collection Services as covered herein as of this
date.
The Franchisor recognizes that certain new residential
services such as the collection of Yard Trash-Bulk and White
Goods and Furniture will require that the Franchisee obtain
certain specialized equipment to provide these services. The
Franchisor recognizes that such equipment may not be
available by November 1, 1989.
In this regard, the Franchisee wi 11 prepare for the
Franchisor an implementation plan to expeditiously phase in
the additional services based on the availability of needed
equipment and personnel.
Compensation to the Franchisee for
these services will not be paid by the Franchisor until the
services are provided.
Notwithstanding the above provisions of this section, the
F~anchisee shall implement the collection of Yard Trash-Bulk
and White Goods and Furniture in the Service Area no later
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residential
than January
Pr ior to
January 1,
1990,
the
Franchisee's
collection
rate shall
remain
in
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26. MODIFICATION:
This Co llect ion Agreemen t const i tu tes the ent ire contract
and understanding between the parties hereto, and it shall not
be considered modif ied, al tered, changed or amended in any
respect unless in writing and signed by the parties hereto.
27. INDEPENDENCE OF COLLECTION AGREEMENT:
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It is understood and agreed that nothing herein contained
is intended or should be construed as in any way establishing
the relationship of co-partners between the parties hereto,
or as constituting the Franchisee as the agent., representative
or f;mployee of the Franchisor for any purpose whatsoever.
The Franchisee is to be and shall remain an independent
contractor with respect to all services performed under this
Col~ection Agreement.
MUNICIPALITY1S OPTION TO BE COVERED BY CONTRACT:
The collector shall have the right of first refusal to
provide Residential Solid Waste Collection Services to any
municipality in the County located adjacent to and contiguous
with its Service Area boundaries under the same terms,
conditions and rate of compensation as provided for under the
terms of this C0l1ection Agreement. The County and a
municipality that elects to be covered by this Collection'
Agreement shall enter into an inter local agreement regarding
the participation of the municipality.
Municipalities
currently being served by a Franchisee under the terms and
40
conditions of the current Franchise Agreement dated December
15, 1987, shall continue to be served by those franchisees
under the provisions of this Collection Agreement.
29. CANCELLATION OF PREVIOUS AGREEMENT:
The Franchisor and Franchisee hereby agree that the 1987
Franchise Agreement, as amended, is hereby null i f ied and
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cancelled and that neither party shall have any rights,
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duties, obligations or duties arising out of said Agreement
after November 1, 1989, except for any claim of a party which
may have arisen before November 1, 1989.
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IN WITNESS WHEREOF. the part ies hereto have caused this
Collection Agreement to be executed by the respective authorized
representatives as of the date first above written.
As to Franchisor:
MONROE COUNTY
BY:
Mayor
ATTEST BY:
By:
Clerk to the Board
APPROVED (S;' TO ~ FORM AND
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County Attorney
LEGAL SUFFICIENCY BY:
By:
As to the Franchisee:
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BLAND DISPOSAL SERVICE, INC.
BY:
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EXHIBIT I
BLAND DISPOSAL SERVICE, INC.
SERVICE AREA BOUNDARIES
KEY WEST NORTH TO RAMROD:
EXCLUDING THOSE ACCOUNTS ASSIGNED
TO FLORIDA DISPOSAL
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EXHIBIT II
BLAND DISPOSAL SERVICE, INC.
1989 - 1990 RATE SCHEDULE
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RESIDENTIAL RATES
RESIDENTIAL
TYPE
MONTHLY RATE/
ASSESSED UNIT
SINGLE FAMILY
MOBILE HOME
MULTI FAMILY
$9.00
$8.00
$7.25
COMMERCIAL RATES
COLLECTION:
$3.50/CY
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MONTHLY CONTAINER
MAINTENANCE FEE: SIZE(CY)
1
2
3
4
6
8
FEE
$18.00
$20.00
$21.00
$22.00
$24.00
$25.00
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DISPOSAL:
To be calculated based on final
approved tipping fees.
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EXHIBIT III
BLAND
1989 - 1990 RESIDENTIAL CREDIT*
RESIDENTIAL #OF BILLING AVG.ANNUAL AVERAGE
TYPE UNITS TONS/UNIT ANNUAL TONS
SINGLE FAMILY 2663 2.15 5153
MOBILE HOME 1945 1.96 3675
MULTI-FAMILY 474 1,08 512
TOTAL RES. TONS 9340
NOTE:
Total Residential tons/12 months
9340/12 = 778 tons credit/month
-Number of billing units to be adjusted based on the final annual assessment roll.
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