Resolution 680-1989
RESOLUTION NO. 680-1989
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 ISLAND DISPOSAL
COMPANY, 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 Island Disposal Company,
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, Florida, at a regular meeting of said Board held on this I~
day of ~"Q..Mf~ A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Mayor/Chairman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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SOLID WAS~E COLLECTION AGREEMENT
MONROE COUNTY, FLORIDA
THIS AGREEMENT, made and entered into this 1st day of
November, 1989, between the Board of County Commissioners of Monroe
County, a political subdivision of the State of Florida,
hereinafter called "Franchisor" and Island Disposal Company, Inc.,
hereinafter called "Franchisee".
WHEREAS,
WIT N E SSE T H :
on November 1, 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
Solid
whereby solid
Waste Disposal
waste
is
removed and transported
to a
Facility.
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C.
Commercial Collection Service
shall mean all
Collection Service other than Residential Collection Service as
hereinafter defined.
D. 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 garbage truck.
F. Collection Agreement 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.
T. 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 permit to
provide residential and/or commercial solid waste collection
services.
K.
Franchisor
shall
the
Board
of
mean
County
Commissioners of Monroe County.
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L. Garbage shall mean all kitchen and table food waste,
animal or vegetative waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials.
M. Garbage Receptacle shall mean any commonly available
light gauge steel, plastic or galvanized receptacle of a non-
absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid, handle(s) and without
any jagged or sharp edges. A 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 fifty (50) pounds in
weight, unless a Franchisee implements an automated or semi-
automated collection system requiring the use of some other
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 Chaptpr
17-30.
O. Hotel or Motel shall mean a structure or building
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 def ined in Chapter 509 I 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,
bottles, 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, human 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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c) 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.
"CDC
Guideline
for
Isolation
Precautions in Hospitals, II July/August, 1983.
R. Multi-Family Dwelling Unit shall mean and include
any building or structure containing two (2) or mo~e 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,
condominium 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. Resident ial Sol id Waste shall mean a mixture of
Garbage, Rub~ish and Trash resulting from the normal housekeeping
activities of a residential unit.
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V. Rubbish shall mean all refuse, accumulat ion of
paper, excelsior, rags, wooden or paper boxes and containers,
sweep-ups, and all other accumulat ions 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 their
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 I, for
which the Franchisee has an executed Collection Agreement.
X. Sludge 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
means
discarded
Goods
and
Furniture
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 landscaping 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 trash shall be bundled or placed
in containers 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
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Franchisee and bulk yard material shall not exceed six (6) feet in
length.
Bulk yard trash does not include any form of matter or
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debris resulting from commercial tree removal; land clearing; land
development; building demolition or home improvement.
Home
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improvements as defined herein would include but not be limited to
carpet ing, cabinets, dry wall, lumber, panel ing, and other such
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construction related materials. Carpeting will be picked up by the
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Franchisee if cut to lengths of six (6) feet or less and bundled.
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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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what constitutes bulky yard trash, the situation will be reviewed
and decided by the Contract Administrator whose decision will be
final.
2. SERVICE PROVIDED BY FRANCHISEE:
A. Exclusive Franchise Granted. The Franchisee is herein
granted an exclusive franchise to provide Residential Collection
Service and 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 for Commercial Collection Services
as provided herein.
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D.
Emerqency Servic~ Provisions. In
the
event
of
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hurr icane, tornado, major storm or other natural disaster, the
Contract Administrator may grant the Franchisee a variance from
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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 resumed.
The Contract Administrator shall make an effort
through the local news media to inform the public 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
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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
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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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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 the parties cannot reach an
agreement, the Contract 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 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
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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
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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
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Franchisee I S crew or vehicle, an al ternat ive locat ion 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.
The Franchisee may provide
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additional services such as back door collection for an
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 11:00
p. m. Monday through Saturday. Other non-residential
uses I may be collected at any time. The hours of
collection may be extended due to extraordinary
circumstances or conditions with the prior consent of the
Contract Administrator.
(6) Routes and Schedules.
For
Residential
Collection Service only, the Franchisee shall provide the
Contract Administrator, in a format acceptable to the
Contract Administrator, the schedules for all Collection
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 11 al ter the day of pick-up, the
Franchisee shall immediately notify the customer affected
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in wri ting or other manner approved by the Contract
Administrator not less than two (2) weeks prior to t~e
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
and Yard trash
Bulk must be placed at the usual
accessible pick-up location.
(8) Personnel of the Franchisee.
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)
of the person(s) to the Contract Administrator.
b, Each driver of a collection vehicle shall
at all times carry a valid Florida driver's license
for the type of vehicle that is being driven.
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c.
Tne Fra'nchisee 1 s name and off ice telephone
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number
shall
be
properly
displayed
on
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Residential and Commercial Solid Waste Collection
vehicles.
(9) Spillage. The Franchisee may refuse to collect
any Residential or Commercial Solid Waste that is not
contained within a Garbage Receptacle, Container or
proper 1 Y bundled as prov ided here in.
The Franchisee
shall transport all Residential and Commercial Solid
Waste in such a manner as to prevent the spilling or
blowing from the Franchisee's vehicle.
The Franchisee
shall promptly clean up all spillage caused by the
Franchisee.
(10) Permitted Disposal Facility.
All Residential
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
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Franchisor or its designee should require the Franchisee
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to deliver to a disposal site or facility which is a
greater distance than the nearest disposal site or
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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
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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
by June 15th.
If denied, the Franchisor and the
Franchisee agree to negotiate in good faith and reach
agreement regarding the estimated cost per truck mile.
Such agreement shall not be unreasonably wi thheld by
either the Franchisor or Franchisee.
I f an agreement
cannot be reached, the Franchisee may petition the Board
of County Commissioners for a final 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
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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
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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
condi tion at all times.
The Franchisee shall have
available reserve equipment which can be promptly 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) Special Waste, Hazardous Waste, Biohazardous
Waste and Sludqe.
The Franchisee shall not be required
to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous Waste or Sludge, but may offer such service
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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.
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(13) Holidays. The following days shall be holidays:
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
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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 Sol id Waste in the Service Area, except Spec ial
Waste, Hazardous Waste, Biohazardous Waste and Sludge, from
or generated by any use as defined in Section 1.C of this
Co llect ion Agreement. Such Commerc ial Co llect ion Serv i ce
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 yard 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
shall be suff icient to provide that no Garbage and
Commercial Solid Waste need be placed outside the
Container. Storage capacity shall be suitable for the
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
Container.
( 2) Method of Collect ing. Collection shall occur
on a regular basis wi th a frequency of pick-up as
provided herein and the size of the Container to be
agreed upon between the Franchisee and the customer.
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(3) Level,' Type and Disc losure of Rates for
Commercial Collection and Other Services. For Commercial
Collection Service and other non-residential services,
a written agreement between the Franchisee and the
customer shall be entered into regarding the level and
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 to1 a level of
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
establish the level 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.
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
wri tten agreement between the Franchisee and the customer
shall contain a separate page as follows:
"REGULATION BY MONROE COUNTY"
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 Municipal Service
District Office.
"COMMERCIAL COLLECTION CONTAINERS"
The Franchisee shall provide the Commercial Collection
Container and shall collect and maintain such container
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
be responsible for compensating the Franchisee for the
amount of the damages as determined by the Contract
Administrator.
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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 "RATES FOR SERVICES"
disclosure.
"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
(b.) COST OF DISPOSAL
(c.) CHARGES FOR SPECIAL SERVICES
REQUIRED BY CUSTOMER
TOTAL COST:
$
$
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5.
CHARGES, RATES AND LEVEL OF SERVICES:
A.
Residential and Commercial Rate Adjustments.
For
Residential and Commercial Collection Services, the charges shall
be initially based on the rates shown in Exhibit II, and as
subsequently adjusted pursuant to this Collection Agreement. The
Franchisee shall receive an annual adjustment in the residential
and commercial rates to conform with any increase or decrease for
the previous 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) for the Miami area.
In no case shall the Consumer Price
Index adjustment exceed seven (7%) percent.
In addition to the annual adjustment to the base rate
calculated 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 Residenti~l or Commercial Collection Service
rates, except for the annual adjustment as provided by this Section
5.A, shall be made by the Franchisor except as otherwise provided
in this Collection Agreement.
The Franchisor shall implement the
annual adjustment by Resolution as part of the Franchisor's annual
budget adoption process.
Annual rate adjustments shall 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 ent it led to
payment for services rendered irrespective of whether or not
the Franchisor collects from customers for such service. On
or before November 1, 1989, and before commencement of work
by the Franchisee under the terms of this Agreement, the
Franchisor 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,
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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
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Franchisee no later than the tenth (10th) day of the month
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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
Commercial Collection Service costs as shown in Exhibit II.
Residential disposal costs will be part of the special
assessment billed by the Franchisor.
Commerc ial disposal
costs will be part of the service charge billed by the
Franchisee until September 30, 1990. The Franchisee will pay
the Franchisor for Commercial Solid Waste disposal until
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 II continue to bill
commercial customers for solid waste disposal costs until the
Franchisor implements its billing system.
D.
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
in the cost of operations that could not reasonably be
i
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
from the Franchisee such further information as may be
reasonably necessary in making its determination. The
Franchisor, act ing reasonably, shall approve or deny the
j
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request, in whole or in part, within sixty (60) days of
24
receipt of the request and all other additional information
required by the Franchisor.
6. OFFICE:
The Franchisee shall maintain an off ice wi thin Monroe
County where complaints can be received. It shall be equipped
with sufficient telephones, and shall have responsible persons
in charge and shall be open during normal business hours,
Monday through Friday.
The Franchisee shall provide either
a telephone answering service or mechanical device to receive
customer inquiries during those times when the off ice is
closed.
7. SERVICE INQUIRIES AND COMPLAINTS:
A. All service inquiries and complaints shall be
directed to the Franchisee.
All service complaints will be
handled by the Franchisee in a prompt and efficient manner.
In the case of a dispute between a Franchisee and a customer,
the matter will be reviewed and a decision made by the
Contract Administrator.
4
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B.
The Franchisee will maintain a written record of all
inquiries and complaints on forms provided by the Franchisor.
The following information will be provided for each inquiry
o~ complaint: Date; time of call; person calling; address of
person call ing; telephone number of persol1 call ing; reason
for inquiry or complaint; and action taken by Franchisee.
The Franchisee will, by the tenth (10th) day of each month
25
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file with the Contract Administrator a copy of the completed
forms for all inquiries and complaints received by the
Franchisee during the preceding month.
C.
The
Franchisee
shall
provide
Contract
the
Administrator with a report of the disposition of 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 addition to any other requirements of this
Collection Agreement, the Franchisee shall be required to file
pertinent information pertaining to Residential and Commercial
Collection Services that is requested by the Franchisor to
comply wi th 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 hot 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,
and
file
with the
are current
on
Franchisor.
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. 9.
PERMITS AND LICENSES:
The Franchisee shall obtain, at his own expense, all
permi ts and 1 icenses required by law for the Franchisee IS
operation under this Collection Agreement and maintain the
same in full force and effect.
10. PERFORMANCE BOND:
The Franchisee,
if required, shall furnish to the
Franchisor a performance bond executed by a surety company
licensed to do business in the State of Florida and/or an
irrevocable letter of credit issued by a local bank for the
fai thful performance of this Collect ion 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 co llected 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.
11. WORKER'S COMPENSATION INSURANCE:
Worker J S Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's
Liability Coverage in an amount not less than $100,000.00 per
incident.
27
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LIABILITY INSURANCE:
The Franchisee shall, during the term of this Agreement,
and any extensions hereof maintain in full force and effect
general and automobile liability insurance, which specifically
covers all exposures incident to the Franchisee's operations
under this contract.
Such insurance shall be with a company
rated "A" or better by Best Rating Service and in an amount
of not less than $1,000,000.00 Combined Single Limi t for
personal
and property damage
injury,
including death,
liability and shall include but not be limited to coverage for
Premises/Operations,
Products/Completed
Operations,
Contractual,
,
the Franchisee's agreement
or
to support
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 cert i f icates of insurance evidenc ing
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
Agreement.
28
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13. INDEMNITY:
The Franchisee will hold the Franchisor harmless from any
and all 1 iabi 1 i ties, losses or damages the Franchisor may
suf fer as a resul t of claims, demands, costs or judgments
against the Franchisor arising out of the negligence or
omission of the Franchisee or its employees, which said
liabilities,
losses, damages, claims, demands, costs or
judgment arise directly out of the matters which are 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
caused by the act or omission in whole or in part of the
Franchisor or anyone of its employees or agents.
14. BOOKS AND RECORDS:
The Franchisor or its designee shall have the right to
review 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
.~
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independent certified public accounting firm prepared in
'1
accordance wi th generally accepted account ing pr inc iples,
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pertaining only to each individual Collection Agreement and
Service Area, shall be delivered to the Franchisor within one
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hundred and twenty (120) days of the twelve (12) month period
ending the Franchisee I s fiscal year, unless an extension
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should be approved by the Franchisor. No rate adjustments of
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any type will be grant~d 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
Franchisee and the Franchisor shall be directed 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 I except where otherwise herein designated
by telephone.
17. DEFAULT OF CONTRACT:
A. The Franchisor may cancel this Collection Agreement,
except as otherwise provided below in this section, by giving
Franchisee thirty (30) days advance wri tten not ice, to be
served as hereafter provided, upon the happening of anyone
of the following events:
30
1. Franchisee phall take the benefit 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 petition 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 (60) 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 authori ty 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, trustee 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 fai ls to
commence the remedy of such default within said thirty
(30) days following such written not ice 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
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such default will. be oured within a reasonable period of
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time.
B. However, notwithstanding anything contained herein
to the contrary, for the fai lure of Franchisee to prov ide
Collection 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
again able to perform pursuant to this Collection Agreement;
provided, however, if the Franchisee is unable for any reason
or cause to resume performance at the ~end' of thirty (30)
working days all liability of the Franchisor under this
Collection Agreement to the Franchisee shall cease and this
Collection Agreement may be deemed immediately terminated by
the Franchisor.
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C. Notwithstanding the foregoing and as supplemental and
additional means of termination of this Collection Agreement
under this Section, in the event that Franchisee's record of
performance shows that Franchisee has frequently, regularly
or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and
performed by Franchisee, in the opinion of Franchisor and
regardless of whether Franchisee has corrected each individual
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
condi t ion of irredeemable defaul t. The Franchisor shall
thereupon issue Franchisee final warning c i t ing 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
termination 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 Franchisee, 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.
Immediately upon receipt of said Final Not ice, Franchisee
shall proceed to cease any further performance under this
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 on 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
give the Franchisee reasonable notice of any proposed chang~
and an opportunity to be heard concerning those matters. The
scope and method of providing Residential and Commerc ial
Collection Services as referenced herein shall also be
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liberally construed to include, but is not limited to the
manner, procedures, operations and obligations, financial or
"
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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
Sol id Waste
Management
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legislation and that these and other changes in law in the
future which mandate certain actions or programs for counties
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or municipalities may require changes or modifications in some
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of the terms, conditions or obligations under this Collection
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Agreement.
Nothing contained in this Collection Agreement
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shall require any party to perform any act or function
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
implement 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
negotiate in good faith, a reasonable and appropriate
compensation for any additional services or other obligations
required of the Franchisee due to any modif ication in the
Collection Agreement under this Section. The Franchisor shall
not unreasonably withhold agreement to such compensation. At
the sole option of the Franchisor, the scope of services
included under the provisions of this Collection Agreement may
be amended to include residential and/or commercial recycling
collection services and/or the processing and/or marketing of
recyclable materials to include, but not be limited to,
newspapers, glass, aluminum, metal cans, plastics and
corrugated cardboard materials. Should the Franchisor
exercise this option, the Franchisee and the Franchisor agree
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 (0 reach an agreement within sixty (60) days
from the initiation of such negotiations, the Franchisor may
solicit proposals from other persons to undertake residential
and/or commer~ial recycling services as are determined and
required by the Franchisor.
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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
enforce the same. Nor shall waiver by the Franchisor of any
breach of any provisions hereof be taken or held to be waived
of any 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 Commercial
Collection Services Solid Waste collected by the Franchisee
pursuant to this Collection Agreement.
21. LAW TO GOVERN:
This Collection Agreement shall be governed by the laws
of the State of Florida.
22. COMPLIANCE WITH LAWS:
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
effect.
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'24. ASSIGNMENT AND SUBLETTING:
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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
discret ion to approve or deny, wi th or wi thou t 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 the Franchisee, and upon the date of such not ice this
Collection Agreement shall be deemed immediately terminated,
and upon such terminat ion all 1 iabi 1 i ty of the Franchisor
under this Collection Agreement to the Franchisee shall cease,
and Franchisor shall have the right to call the performance
bond and shall be free to negotiate with other Franchisees or
any other person or company for the service of the Service
Area which is the subject of this Collection Agreement. In
the event of any assignment, assignee shall fully assume all
the liabilities of the Franchisee.
It is the intent of the part i€!s that no Franchisee I
whether by itself or through its parent(s) or holding
companies, shall at any time hold or have control of more than
two
( 2 )
Residential and Commercial Collection Service
Coll€!ction Agreements with the Franchisor.
For purposes of
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this Section, a parent or holding company shall mean any
4\ I
person, corporation or company holding or owning more than
twenty five (25%) percent stock or financial interest in the
Franchisee.
25. EFFECTIVE DATE:
This Collect ion Agreement shall become ef fect i ve 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 will 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
Franchis=e shall implement the collection of Yard Trash-Bulk
and White Goods and Furniture in the Service Area no later
than January 1, 1990.'
Prior to January 1, 1990, the
Franchisee's residential collection rate shall remain in
affect at $6.30 per residential Dwelling Unit.
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26.
MODIFICATION:
This Collection Agreement constitutes the entire contract
and understanding between the parties hereto, and it shall not
be considered modi f ied, al tered, changed or amended in any
respect unless in writing and signed by the parties hereto.
27. INDEPENDENCE OF COLLECTION AGREEMENT:
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 employee 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
Collection Agreement.
28. MUNICIPALITY'S 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 Collection Agreement.
The County a.ld 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
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"}
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.
CANCELLATION OF PREVIOUS AGREEMENT:
The Franchisor and Franchisee hereby agree that the 1987
Franchise Agreement, as amended, is hereby nullif ied and
cancelled and that neither party shall have any rights,
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 I, 1989.
41
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IN WITNESS WHEREOF. the part ies hereto have caused thi s
Collection Agreement to be executed by the respective authorized
~epresentatives as of the date first above written.
As to Franchisor:
:vlONROE COUNTY
BY:
Mayor
ATTEST BY:
By:
Clerk to the Board
APP?OVED l( J1::AND
By:
LEGAL SUFFICIENCY BY:
County Attorney
As to the Franchisee:
ISLAND
)
DISPOSAL COMPANY, INC.
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BY:
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EXHIBIT I
ISLAND DISPOSAL COMPANY, INC.
SERVICE AREA BOUNDARIES
SNAKE CREEK BRIDGE SOUTH
TO LONG KEY BRIDGE NORTH
To be calculated based on final
approved tipping fees,
DISPOSAL:
FEE
$18.00
$20,00
$21,00
$22.00
$24,00
$25.00
MONTHLY CONTAINER
MAINTENANCE FEE: SIZE(CY)
1
2
3
4
6
8
$3,OO/CY
COLLECTION:
COMMERCIAL RATES
$8,30
$7,30
$6,80
SINGLE FAMILY
MOBILE HOME
MULTI FAMILY
MONTHLY RATEl
ASSESSED UNIT
RESIDENTIAL
TYPE
RESIDENTIAL RATES
EXHIBIT II
ISLAND DISPOSAL COMPANY, INC.
1989 - 1990 RATE SCHEDULE
. I
I, . #
,
.
*Number of billing units to be adjusted based on the final annual assessment roll.
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NOTE:
Total Residential tons/12 months
4060/12 = 338 tons credit/month
RESIDENTIAL #OF BILLING AVG.ANNUAL AVERAGE
TYPE UNITS TONS/UNIT ANNUAL TONS
SINGLE FAMILY 1209 2,15 2339
MOBILE HOME 479 1,96 858
MUL TI-FAMIL Y 799 1,08 863
TOTAL RES. TONS 4060
EXHIBIT III
ISLAND DISPOSAL COMPANY, INC.
1989 - 1990 RESIDENTIAL CREDIT*