Resolution 071-1987
_''1.
Charles P. Aguero, Manager
Municipal Service District
RESOLUTION NO. 071 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR
AND CHAIRMAN OF SAID BOARD TO EXECUTE AN ADDENDUM
TO FRANCHISE AGREEMENT BY AND BETWEEN THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AND KEYSSANITARY SERVICE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA, as follows:
That the Mayor and Chairman of the Board is hereby au-
thorized to execute an Addendum to Franchise Agreement by and
between the Board of County Commissioners of Monroe County,
Florida, and Keys Sanitary Service, a copy of same being attached
hereto, regulating compensation and auditing procedures with
regard to waste disposal services.
PASSED AND ADOPTED < by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the oftJtA day of
~4"t.ftl~J ,A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(Seal)
Attest :p~J.'iY_4 ~OLHAG:8J Qlerk
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ADDENDUM TO FRANCHISE AGREEMENT
THIS ADDENDUM is made and entered into in duplicate originals
this day of , 1987.
WITNESSETH:
Section 9, Section 10 and Section 19 of the Franchise Agree-
ment heretofore made and entered into by and between the Board of
County Commissioners of Monroe County. Florida. and Keys
Sanitary Service in November 1984, be and the
same is hereby amended to read as follows:
9. Compensation to the Collector: Compensation for resi-
dential collections shall be established annually in accordance
with the procedures set forth in Chapter 8, Monroe County Code.
For the third year of this Agreement. to-wit: January 1,
1987. through December 31, 1987, the Collector shall receive the
sum of six ($6.00) per month for each res idential unit in his
territory for which an assessment has been levied. Commencing in
February, 1987, and each consecutive month thereafter, on the
tenth day of the month, or as soon thereafter as possible, the
District shall furnish to the Collector a copy of his territory
for which he is obligated to serve. Said assessment roll shall be
accompanied by a warrant made payable to the Collector in an
amount equal to six dollars ($6.00) for each residential assess-
ment for the past month.
10. Compensation to the District: Commencing on Febru-
ary 10, 1987, and on the 10th day of each consecutive month
thereafter, the Collector shall furnish to the Board a list of all
commercial accounts collected by him the preceding month and the
gross amount of income collected and shall pay unto the County
twenty-nine and five tenths percent (29.5%) of the gross incomes
received from said commercial accounts in his territory. The
commercial percentage payable to the County for the calendar year
1987 shall be increased or decreased at the end of each quarter of
the year based upon a compilation, by a CPA, of actual revenues
received and expenses incurred by the Franchisee for the quarter,
in order to insure that no Franchisee shall receive less net
income from commercial service and collections during 1987, than
was received in 1985.
The adjustments in percentage payable to the County shall be
cumulative from January 1, 1987, to December 31, 1987.
The final adjustment shall be made based on the audit per-
formed by the CPA employed by the County to audit for the calendar
year 1987.
The Collector shall note which commercial accounts have not
been paid and the amount of said delinquency owing. For any
commercial account delinquent for one (1) month, the Collector
shall notify the Manager of the Municipal Service District of said
delinquency.
If the Collector fails to notify the Manager of the ~unicipal
Service District of said delinquency, the County wa1ves its
responsibilities under Monroe County Code Chapter 8 to place lien
for collection on behalf of the Collector and any recovery of
delinquent accounts for the Franchisee's share, becomes the
responsibility of the Collector.
The Collector shall, on the month following collection of any
delinquent account, include said information on his list furnished
to the County and shall pay the twenty-nine and five tenths
percent (29.5%) owning to the Board.
The Collector shall use consecutively numbered receipt books
furnished by the Collector and the Collector shall account for all
commercial payments made to him by use of said receipt books. A
receipt shall be issued to each commercial account making payment
by way of cash payment, check or money order. Said receipt shall
show the date of payment, name of account, amount of payment and
shall indicate whether said pa)~ent was by cash, check or money
order. The Collector shall make every effort to collect delin-
quent commercial accounts.
19. Audit: The Collector's books shall be open to inspec-
tion or audit at any time at the District's request and expense.
The District will hire a Certified Public Accountant to make an
annual audit of the Collector's records. This audit is to be
completed by April 1 during each year of this Agreement.
A monthly statement shall be provided to the County by the
Collector showing the gross receipts collected by the Collector
for the preceding month's commercial collections. (Also see
Section 9 of this Agreement). Said monthly statements shall be
prepared in accordance with a format mutually agreed upon by the
Collector and the Clerk of the Board of County Commissioners and
said statement shall be accompanied by the Collector's check made
payable to the County in an amount representing twenty-nine and
five tenths percent (29.5%) of said gross receipts no later than
the 10th day of each month beginning February 10, 1987.
Such monthly statement format shall contain, per account:
name of account, billing for previous calendar month, payments in
previous calendar month, balance due. Such statement shall note
size and type of container as well as frequency of pickup for that
account for that previous month.
IN WITNESS WHEREOF, the Collector has caused these presents
to be signed by its proper officers and its seal to be hereto
affixed and the County has caused these presents to be signed by
its Mayor and Chairman and attested to by its Clerk and its
corporated seal to be hereto affixed, all as the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
Mayor/Chairman
(SEAL)
Attest:
Clerk
KEYS SANITARY SERVICE
President
(SEAL)
Secretary
2
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