07/20/1994 Agreement
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Solid Waste and Recycling
Collection
Franchise Agreement
Between
. The Board of County Commissioners of Monroe County
and
Ocean Reef Club, Inc.
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TABLE OF CONTENTS
f.am
1.
TERM
. II...... ...... .... ....... .... ....... ................ II
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2. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.
SERVICES PROVIDED BY FRANCHISEE..........;.............. 8
A. Exclusive Franchise Granted .............................. 8
B. Responslblllty For Service Billing and Collection ............. 9
C. Emergency Service Provisions ............................. 9
. II
SOLID WASTE COLLECTION SERVICES ......................... 10
A. Curbside Residential SoUd Waste, Vegetative Waite, and Bulk
Trash Collection Services ................................. 10
(1) Conditions and Frequency of Service .................. 10
(2) Accesslblllty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
B. Containerized Residential Solid Waste Collection Service ...... 11
(1) Conditions and Frequency of Service .................. 11
C. Commercial Solid Waste Collection Service .................. 12
(1) Conditions and Frequency of Service .................. 12
(2) Method of Collecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
(3) IJevel, Type and Disclosure of Rates for Commercial
Collection and Other Services ........................ 13
I). Hours of Collection. . . . . . . I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
E. Routes and Schedules ... 1"1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
UECYCLING COLLECTION SERV CE: . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
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CHARGES, RATES AND LEVEL OF SERVICES .................... 20
A. Obligation of Franchisor for Billing, Collection, and Payments .. 20
1. Specific Responsibilities . . . . . . . . . . . . . . . . . : . . . . . . . . . .. 20
2. Units Omitted From Annual Roll. . . . . . . . . . . . . . . . . . . . .. 21
B. Solid Waste and Recycling Collection Rate Adjustments. . . . . . .. 21
C. Solid Waste Disposal and Recycling Processing Costs. . . . . . . . .. 22
D. Extraordinary Rate Adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
E. Franchise Fee ........................................... 23
4.
HOLIDAYS ................................................... 23
SPECIAL SERVI CES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 23
PUBLIC AWARENESS PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
MANNER OF COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
PERSONNEL OF THE FRANCHISEE ............................. 24
SPILLAGE ................................................... 25
SOLID WASTE AND RECYCLING FACILITIES . . . . . . . . . . . . . . . . . . . .. 25
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14. COLLECTION EQUIPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
15. VEGETATIVE WASTE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR
BIOMEDICAL WASTE AND SLUDGE ............................. 26
17. 0 FFI CE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
IH. COMPLAINTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
1 ~}. QUALITY Or SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 27
20. FILING OF REQUESTED INFORMATION AND DOCUMENTS ........ 30
21. UNCONTROLLABLE CIRCUMSTANCES .......................... 31
22. PERMITS AND LICENSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
2:1. PERFORMANCE BOND ........................................ 32
24. WORKER'S COMPENSATION INSURANCE . . . . . . . . . . . . . '. . . . . . . . . .. 32
25. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
26. INIlEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . " 33
27. ACCESS TO FUANCHISEE BOOKS AND RECORDS. . . . . . . . . . . . . . . .. 33
2H. POINT OF CONTACT .......................................... 33
29. NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 34
aD. DEFAULT OF CONTRACT ...................................... 34
aI. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR
CHANGE IN LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
32. RIGHT TO REQUIRE PERFORMANCE ........................... 37
:13. TITLE TO WASTE ............................................. 38
a4. GOVERNING LAW AND vENUE ................................. 38
:15. COMPLIANCE WITH LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
:W. ILLEGAL PROVISIONS ........................................ 38
37. ASSIGNMENT AND SUBLETTING ............................... 38
38. MODIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
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39. INDEPENDENCE OF AGREEMENT ..............................
40. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT ........
41. OTHER RATE ADJUSTMENTS ..................................
42. EXISTING OR PRIOR AGREEMENTS: ............................
EXHIBIT I
DESCRIPTION OF BOUNDARIES OF SERVICE AREA ........
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EXHIBIT II
EXHIBIT III
F..xHIBIT IV
EXHIBIT V
EXHIBIT VI
EXHIBIT VII
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APPROVED RATE SCHEDULE . . . . . . . . . . . . . . . . . .
DISCLOSURE OF SERVICE RATES. . . . . . . . . . . . . . . .
PAYMENT ADJUSTMENT ....................
ANNUAL FINANCIAL REPORTING FORMAT. . . . . . . . . . . .
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SPECIAL"fERVICES ......................
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PERFORMANCE BOND SLIDING SCALE. . . . . . . . . . . . . .
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SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT
THIS AGREEMENT, made and entered into this )Olhdayof 1:.\. \y ,1991, between
the Board of County Commissianers .of Monroe County, a political subdivisian .of the State
of Florida, hereinafter referred to as "Franchisor" and ()ceOvY\. ~f C IlA.h J;Jf'.
hereinafter referred to as "Franchisee". JI I
In consideration ofthe mutual benefits, the parties herein agree as follaws:
1. TERM:
The term of this Agreement shall be for the period beginning October I, 1994 and
terminating September 30, 1999 provided that the Franchisor shall have the
option to extend the contract far an additianal five (5) year periad upan .one
hundred twenty (120) days written notice to the Franchisee prior ta the expiratian
.of the current term .of this Agreement.
2. DEFINITIONS:
A. Biohazardoua or Biomedical Waatea shall mean thase wastes which
may cause disease .or reasanably be suspected .of harboring
pathagenic .organisms; included but nat limited ta, waste resulting
from the aperatian .of medical clinics, haspitals, and ather facilities
producing wastes which may cansist .of, but are nat limited tD,
diseased human and animal parts, cantaminated bandages,
pathalagical specimens, hypodermic needles, cDntaminated clathing
and surgical glaves.
B. Board shall mean the Board .of County CDmmissioners .of Manroe
County.
C. Bulk Traah shall mean any non-vegetative item which cannat be
containerized or bundled; including, but nat limited ta inoperative
and discarded refrigerators, ranges, toilets, clathes dryers, bath
tubs, water heaters, sinks, bicycles and ather similar domestic
appliances, hausehold goods, furniture and autamabile tires
generated fram the propert.y .of a Dwelling Unit.
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D. Collection shall mean the process whereby Residential Solid Waste,
Commercial Solid Waste, and Recyclable Material is removed and
transported to a designated facility.
E. Collection Acreement or Agreement shall include this document.
All amendments and exhibits 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.
F.Commerclal Solid Wa.te shall mean Garbage, Vegetative Waste,
and Rubbish that is not Residential Solid Waste.
G. Commercial Recyclin& Collection Service shall mean the
collection of recyclable materials by the Franchisee from business
entities within the service area.
H. Commercial Solid W..te Collection Service shall mean the
collection of Commercial Solid Waste within the service area. Such
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service includes both yontainers and Compactors, but does not
include Roll-off CoUec91>n Service.
I. Compactor shall mean any container which has compactor
mechanism(s), whether stationary or mobile, all inclusive.
J. Con.tructlon and Demolition Debrl. (C&D) shall1i4ean materials
generally considered to be not water soluble and non-hazardous in
nature, including, but,not limited to, steel, glass, brick, concrete,
roofing material, pipe, i gypsum wallboard, and lumber from the
construction or destr~,tion of a structure as part of a construction
or demolition project. . Mixing of a very small amount of waste other
than C&D from the construction site will not automatically cause it
to be classified as other than C&D.
K. Container shall mean and include any container designed or
intended to be mechanically dumped into a loader packer type
garbage truck.
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Contalnedzed Re.ldential Recycllnl Collection Service sllall
mean the collection of recyclable materials by the Franchisee from
Dwelling Units in the service area that requires the use of containers
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for the collection of recyclable materials and the delivery of those
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recyclable materials to the Materials Recycling Facility.
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Containerized Re.ldJntlal SoUd Wa.te Collection Service shall
mean solid waste collection service of all Dwelling Units whose
Garbage, Rubbish, Bulk Trash or Vegetative Waste is collected by
""lI1cans of a central or shared Container and not by means of a
Garbage Receptacle. Vegetative Waste shall not be commingled with
Garbage, Rubbish, or Bulk Trash.
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Contract Admini.trator shall mean the person designated by the
Franchisor who shall act as the representative of the Franchisor
during the term of this Agreement.
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County shall mean Monroe County, Florida.
P.
Curb.ide Re.idential RecycHnl Collection Service shall mean the
collection of recyclable materials by the Franchisee from all Dwelling
Units in the service are that also receive curbside Residential Solid
Waste Collection Service for solid waste and other Dwelling Units as
are designated by the County, and the delivery of those recyclable
materials to the Monroe County Materials Recycling Facility or
designated transfer station.
Curb.lde Re.idential8011d Wut. Collection Service shall mean
Residential Solid Waste Collection Service for all Dwelling Units
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whose garbage is collected by means of a garbage receptacle at
curbside or roadway.
D..llnated ".cUity shall mean a processing, recycling, or transfer
facility.
DwelHnl Unit shall mean any type of structure or building unit with
kitchen facilities intended for or capable of being utilized for
residential living other than a hotel or motel unit.
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Fi.cal Veal' shall mean the period October 1 of a given year and
September 30' of the following year during this Agreement.
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Franchi... shall mean that person or entity that has obtained from
the Franchisor a franchise, contract or permit to provide Residential
Solid Waste Collection ~Service, Commercial Solid Waste Collection
Service, Recycling Collection Service, and Roll-off Collection Service.
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Franchi.or shall mean the Board of County Commissioners of
"Monroe County.
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Garba,. shall mean all putrescible waste which generally includes
but is not limited to kitchen and table food waste, animal, vegetative,
food or any organic waste that is attendant with or results from the
storage, preparation, cooking or handling of food materials whether
attributed to residential or commercial activities.
Garbace Receptacle 8hl mean any commonly available light gauge
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steel, plastic or galvariized receptacle of 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
garbage receptacle is also defined as a heavy duty, securely tied,
plastic bag designed fo~ use as a garbage receptacle. Any receptacle
made from plastic drums with rope handles, or slots cut in the sides
for handles, is not an acceptable garbage receptacle. Any receptacle
including waste materials shall not exceed thirty-two (32) gallons in
capacity or fifty (50~lpounds in weight, unless a Franchisee
implements (with' written authorization from the Contract
Administrator or his Designee) an automated or semi-automated
collection system requiring the use of some other standard
receptacle compatible with the Franchisee's equipment.
Hazardou. Wut. means solid waste as defmed by the State of
Florida Department of Environmental Protection as a hazardous
waste in the State of Florida Administrative Code Chapter 17-30 ,or
by any future legislative actions, or by federal, state, or local law.
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Z. 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 (500/0)
percent of the time f~~ 'Transient Occupancy" as such term is
defined in Chapter 50~ Florida Statutes, or its successor law.
AA. Indu.trlal Wa.te 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.
BB. Material. Recycllnl Facility (MRF) shall mean any facilities
operated or managed by, for or on behalf of the Franchisor for the
purpose of receiving, sorting, processing, storing, and/or preparing
Recyclable Materials for sale.
ce. Multi-Family D.el1iDI Unit shall mean and include any building or
structure containing two (2) or more Dwelling Units under one roof.
DD. Office Paper shall be defined as a mixture of paper products
including letter paper, notebook paper, computer and green bar
paper, and other clean paper products.
EE. Permitted Di.po.a1 Facility shall mean the place or places
specifically designated by the Franchisor for the disposal of solid
waste. .
FF. Publio A.arene.. Prolram shall mean that program developed by
the Franchisor to inforJIi and encourage residential and commercial
solid waste collection customers to use all solid waste collection
services offered by the Franchisor through the Contract. It shall also
mean information concerning levels of service and changes in scope
of service.
QQ. Recyclable Material. shall mean newspapers (including inserts),
aluminum, plastic containers, glass bottles and jars, corrugated
cardboard, brown paper bags, office paper, tin and ferrous cans, and
other materials added upon agreement between the County and the
Franchisee. )-
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HH. RecycUn. Container shall mean a rigid container made of plastic
or other suitable substance that is used for the storage of
commingled recyclable materials.
II. Reaidentlal80Ud Waate shall mean Garbage, Rubbish, Bulk Trash
and Vegetative Waste. resulting from the normal housekeeping
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activities of a Dwelling Unit. Vegetative Waste shall not be
commingled with Garb~e, Rubbish, or Bulk Trash.
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JJ. ,'Reaidentlal Recyclinl Collection Service shall mean Curbside
Recycling Collection Services and Containerized Residential
Recycling Collection Service.
KK. R.aidentlal Solid Waate Collection Service shall mean service to
all Dwelling Units, including but not limited to, single-family
dwelling units, each li)~ing unit in a multi-family dwelling unit,
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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 unit.
LL. Roll-oft' Collection Service shall mean the Collection of C&D only
roll-off containers wit~in temporary locations in the Service Area,
limited to new construction sites and remodeling or refurbishment
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sites. Roll-off Collectio'n Service shall also mean the collection of
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horticultural, agricultural or vegetative waste, but only when the
customer chooses to use Roll-off containers for collection of these
wastes. Roll-off Collection Service does not include Special Wastes,
Garbage or Recyclable Materials.
MM. Rubbiab shall mean all refuse, accumulation of paper, excelsior,
rags, wooden or paper boxes and containers, sweepings, and all
other accumulations of a similar nature other than garbage, which
are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste. 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.
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NN. Service Area shall mean that portion of the unincorporated area of
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the County as describ~? in Exhibit I, for which the Franchisee has
an executed Collectio.! Agreement.
00. Slud<<e 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.
PP. Special Service. shall mean any services requested or required by
the customer which are in addition to, or a change in, Residential
Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, 8J"1d Commercial
Solid Waste Collection Service as set out or similar to those listed in
Exhibit VI.
QQ. Special W..t. shall mean those wastes that require extraordinary
management. They include, but are not limited to, automobile or
automobile parts, abandoned automobiles, boat or boat parts, waste
oil, sludge, dead animals, agricultural and industrial waste, septic
tank pumpings and Biohazardous and Hazardous wastes.
RR. Veletati"e Wa.te - Replar shall mean any vegetative matter
resulting from yard and landscaping maintenance and shall include
materials such as tree and shrub trimmings, grass clippings, palm
fronds, small tree bran~hes and other matter usually produced as
refuse in the care of la~ns, landscaping and yards which shall not
exceed four (4) feet in jJngth. Such waste shall be tied in bundles
or placed in containers which are susceptible to normal loading and
collection as other Residential Solid Waste. If containers are used,
they shall meet or exceed the Franchisor specification for such
containers. No bundle or filled container shall exceed flfty (50)
pounds in weight. Regular Vegetative Waste shall not be
commingled with Garbage, Rubbish, or Bulk Trash.
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SS. Vetetativ. Wast. - Ovel'llize 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 or bundled due to the
material exceeding the weight and size restrictions for regular
vegetative waste. Over~ize vegetative waste shall be placed neatly at
the curb and shall b~ jOf a type as to be readily handled by the
mechanical collectiontJquipment of the Franchisee and shall not
exceed six (6) feet in length. Oversize Vegetative Waste shall not be
commingled with Garbage, Rubbish, or Bulk Trash. Oversize
,vegetative waste 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
carpeting, cabinets, dry wall, lumber, paneling, and other such
construction related mJterials. Carpeting will be picked up by the
Franchisee if cut to len~ths of six (6) feet or less and bundled. In the
case of a dispute between the Franchisee and a customer as to what
constitutes oversize vegetative waste, the situation will be reviewed
and decided by the Contract Administrator whose riecision will be
final.
3. SERVICES PROVIDED BY FRAlfCHISEE:
A. Exclusive Franchi.. Granted. The Franchisee is herein granted an
exclusive franchise to provide Residential Solid Waste Collection Service,
Commercial Solid Waste Collection Service, Recycling Collection Service and
Roll-off Collection Service in the Service Area as described in Exhibit I.
Adjustments to the Service Area boundaries due to municipal annexation
or contraction will be provided by law. No other entity except the
Franchisee may offer or provide Residential Solid Waste Collection Service,
Commercial Solid Waste Collection Service, Recycling Collection Service or
Roll-ofT 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 Sect~on.
The Franchisee shall be the exclusive agent to the Franchisor to provide
Commercial Recycling Collection Services in the Service Area. The
Franchisee shall be responsible for billing and collection of Commercial
Recycling Collection services that are not being billed and collected by the
Franchisor.
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B. Re.pon.ibUity For Service JlUling and Collection. The Franchiso!. shall
be responsible for the billing and payments for Residential Solid Waste
Collection Service. The Franchisee shall provide billing and collection
services for Commercial Solid Waste Collection Services. Billing for
Commercial Solid Waste Services shall be reported in the format designated
by the Contract Administrator.
C. Emergency Service Provi.ion.. In the event of a 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 practical 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 in conjunction with
the Franchisee 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 t;quipment, employ additional personnel, or work existing
personnel on overtime hours to clean debris resulting from the natural
disaster. By December 1at of the year that this Collection Agreement is in
effect, the Fran.chisee is requested to provide a Disaster Preparedness Plan
to the Contract Administrator for review and approval. This plan shall
include provisions for additional man power and equipment as well as a
proposed rate for collection associated with the clean-up of natural
disasters or other such occurrences. The Franchisee shall update the
Disaster Preparedness Plan on December let of each year of this Agreement
for the Contract Administrato~'i review and approval. The Franchisee shall
receive extra compensation ab,ove the normal compensation contained in
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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.
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4. SOLID WASTE COLLBCTION' SERVICES:
A. Curb.lde Re.ldentlal Solid Wute, VeletaUve Wute, and Bulk Trull
CoU.otloD Sema.. iiJ
(1) Condition. and Frequency of Service. All Curbside Residential
Solid Waste and Regular vegetative waste shall be properly
containerized in Garbage Receptacles or otherwise prepared for
collection. Vegetative waste shall be separated from Residential
Solid Waste. No filled receptacle or bundle shall exceed futy (50)
pounds in weight. (Regular vegetative waste will be as defmed in
Section l.KK) Curbside Residential Solid Waste Collection Service,
except for permitted ho~f1ays, shall be provided twice per week with
not less than forty-eight (48) hours or more than seventy-two (72)
hours between regularly scheduled pick-up days. Regular vegetative
waste shall be picked up by the Franchisee not less than once every
seven (7) days on a scheduled route basis. Oversize vegetative waste
and bulk trash as defined in Section l.LL and l.C 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.
Oversize vegetative waste and bulk trash must be placed at the
usual accessible pick-up location.
(2) Acce..Ibllity. All Residential Solid Waste to be collected shall be
placed within six (6) feet of the curb, paved surface of the roadway,
closest accessible right of way, or other such location agreed to by
the Franchisee that will provide a safe and efficient accessibility to
the Franchisee's collection crew and vehicle. Enclosures for garbage
receptacles shall be within six (6) feet of paved surface or right of
way. Fixed or permanent enclosures shall have a street side opening
for the removal of the garbage receptacle. Enclosures that do not
have a street side opening shall be limited to thirty six (36) inches in
height. For purposes of this Agreement, roadway or right-of-way
means a road owned and maintained by the County, or a road on
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private property for which an easement has been granted to the
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public and such road is constructed and maintained to County road
standards. Where the resident of a dwelling Unit is physically
unable to deliver Residential Solid Waste or vegetative waste to
curbside and this is certified by the Contract Administrator, or the
residential structure is located in such a manner as to provide non-
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accessibility to the Franchisee's crew or vehicle, an alternative
location may be arranged between the customer and the Franchisee
at no extra cost to the customer. In the event an appropriate
location cannot be agreed upon, the Contract Administrator shall
mediate the dispute and designate the location for pick-up. If the
resident requests special services, these services shall be billed
directly to the customer by the Franchisee in accordance with
Exhibit VI. Billing for these services shall be reported in a format
prescribed by the Contract Administrator. In the event that a special
:service request is not listed in Exhibit VI, charges for such services
shall then be established through negotiations between the
Franchisee and the customer. In the event the customer and the
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Franchisee cannot reach an agreement on the cost, the Contract
Administrator will determine the cost.
B. Containeri..d a..identia! Solid W_t. Collection S.rvice
(1) Condition. and Frequency or Service: The Franchisee shall
provide Containerized Residential Solid Waste Collection Service to
Multi-Family Dwelling Units of four (4) or more in the Service Area
that are suitable to receive such service and request such service.
The size and location of the container and the frequency of collection
shall be determined by the Franchisee and the residential complex
in accordance with this Agreement. The level of service shall be
sufficient to meet customer needs in a safe and sanitary manner. In
the event of an unresol~ed dispute involving the level and type of
service to be provided,!Jhe location and size of Containers or the
frequency of service, the Contract Administrator shall make the fmal
determination. The Franchisee shall be paid the appropriate
container rental fee in accordance with Exhibit II. A minimum of
once a week service is required of all customers, or such other
minimum frequency as provided by law. Service shall not exceed a
maximum of tw:ice per week. Such service shall be provided by
mechanical container J defined herein.
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C. Commercial Soliel Wa.t. CoUection Service
(1) Conelitiolla anel Frequency orBervice: The Franchisee shall collect
and dispose of all Cojmercial Solid Waste in the Service Area.
except Special Waste. ~ minim um of once a week service is required
of all customers, or SqMt other minimum frequency as provided by
law. Such service shall be provided by mechanical Container as
defined herein. However, where a customer generates less than one
(1) cubic yard per week of waste, Garbage Receptacles provided by
Jhe customer may be utilized. The size of the Container and the
frequency of collection shall be determined between the customer
and the Franchisee. H~fever, size and frequency shall be sufficient
to provide that no Cominercial Solid Waste need be placed outside
or above lid level of the Container. Storage capacity shall be suitable
for the amount of waste generated by the customer. In the event the
Customer and the Franchisee cannot reach an agreement as to the
level and type of service to be provided, the Contract Administrator
shall make a decision binding on both parties, including the location
and size of Containers and the required number of pick-ups per
week.
All Commercial Solid Waste shall be placed in a Container,
Compactor or Garbage Receptacle. Vegetative Waste shall not be
commingled with Garbage. 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 or Compactors shall be kept in a safe,
accessible location agreed upon between the Franchisee and the
customer. Any Container or Compactor damaged by the Franchisee
shall be repaired or replaced by the Franchisee within seven (7) days.
Compactors may be obtained by customers from any source provided
I
that such Compactors. be of a type that can be serviced by the
t, .
Franchisee's equipment. The customer shall be completely
responsil>le for its prJber maintenance. Compactor frequency of
collection shall be sufficient to contain the waste without spillage.
12
(2) Method of Coll_ctinl. Collection shall occur on a regular basis
with a frequency of pick-up as provided herein and the size of the
Container to be agreed upon between the Franchisee and the
customer.
(3) Le"el, Type and DIsCllosure of Rates for Commercial Collection
and Othel' Semces
b.
a.
Commercial Collection and Roll-of!' Collection S.nices:
The Franchisee shall only charge rates as set out in Exhibit
II or as otherw~se Bllowed by this Agreement. A written
1
agreement betwten the Franchisee and the customer shall be
entered into .rc~arding the level and type of service to be
provided and manner of collection of fees. The fees charged
to the customer by the Franchisee may vary in accordance
with the rate schedule in Exhibit II baaed on changes in size
of Containers and/or changes in frequency of collection. The
terms and conditions of such agreement shall be in
compliance with all provisions of this Agreement. The
customer shall subscribe to a level of service sufficient to
meet the needs of the customer in a sanitary and efficient
manner. However, upon failure of the partie~ to reach such
an agreement, the Contract Administrator or his designee
shall establish the level and type of service to be provided
including the location, size of the Container and num ber of
pick-ups per week and the 'TOTAL RATE" to be charged
I
within the approved rate limits contained in Exhibit II. The
Franchisee willliJ responsible for the billing and collection of
Commercial Collection and Roll-off Collection Service except
as otherwise provided in this Agreement.
:.
Disclosure: The written Agreement between the Franchisee
and the Custom~f shall be a separate document as specified
in Exhibit III: Y
D. Houl'1l of Collection: Curbside Residential Solid Waste Collection Service shall
be provided between the hours of 5:00 a.m. and 6:00 p.m. Monday through
Saturday. Dwelling Units receiving Containerized Residential Solid Waste
Collection Service and non-residential collection sites located adjacent to
residential units shall be considered residential collection and shall only be
13
5.
E.
collected between the hours of5:00 a.m. and 6:00 p.m. Monday through Saturday.
Other non-residential locations may be collected at any time. The hours of
collection may be extended due to extt;aordinary circumstances or conditions with
the prior consent of the Contract A~inistrator.
Rout.. aad Sch.dul..: For Re.i~ential Solid Waste Conection Service, 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 not less
than four weeks prior to change. In the event of a permanent change in routes or
')
schedules that will alter the day of'pick-up, the Franchisee shall immediately
notify the customer(s) affected in writing or other manner approved by the
Contract Administrator not less than two (2) weeks prior to the change, at no cost
to the Franchisor.
RECYCLING COLLECTION SERVICE: The Franchisee shall provide Residential
and Commercial Recycling Collection Service in the Service Area. The Franchisor
shall be responsible for the billing and collection of payments for Residential
Recycling Collection Services. The Franchisee shall be responsible for billing and
collection of Commercial Recycling Collection Service costs.
A. Curbside Residential Recycling Collection Services will be governed by the
following terms and conditions:
1. Condition. and Frequency oC Service: The Franchisee shall
provide Curbside Residential Recycling Collection Services to all
Dwelling Units receiving Curbside Residential Solid Waste Collection
Service located in the designated Service Area and to other such
Dwelling Units as determined appropriate by the Contract
Administrator. This service shall be provided once every week,
unless otherwise specified by the Franchisor on a scheduled route
basis which shall coincide with one of the three regularly scheduled
solid waste collection ~Jck-up days.
/'
2. Acce..ibUity Cor Curb.ide Recyclinl Coll.ction: All Recyclable
Materials to be collected shall be in a Recycling Container and shall
be placed within six (6) feet of the curb; paved surface of the road,
closest acces.ible right of way, or other such location agreed to by
the Franchisee that will provide a safe and efficient accessibility to
14
the Franchisee's collection crew and vehicle. The Franchisee must
collect as many Recycling Containers and any additional bags or
bundles as the customer sets out. Where the resident is physically
unable to deliver Recyclable Materials to curbside and this is
certified by the Contract Administrator, or the Dwelling Unit is
located in such a manner as to provide non-accessibility to the
Franchisee's crew or vehicle, an alternative location may be arranged
between the customer and the Franchisee at no extra cost to the
customer. In the event an appropriate location cannot be agreed
:upon, the Contract Administrator shall mediate the dispute and
designate the location for pick-up.
)J
3. Recycllne Contain....: The Franchisee shall ensure distribution of
Recycling Containers as supplied by the Franchisor to each unit that
is to receive Curbside Residential Recycling Collection Service in the
Service Area. The title to these Recycling Containers shall be vested
with the Franchisor. However, customers may use their own
additional recycling containers as long as they are similar and
suitable for this service.
B. Containeriz.d R.sid.ntial RecycUngCoUectlon S.rvice will be governed
by the following terms and conditions:
1. Conditions and Fr.quency of Service: The Franchisee shall
provide this service to Dwelling Units as are designated by the
Franchisor that are located in the Service Area. This service shall be
provided at least once ~Jery week on a scheduled route basis as set
ou t in paragraph 2 below.
2. Acc.aalblllty and Schedule for Containerized Residential
Recycling Collection: All Recyclable Materials to be collected shall
be in a Recycling Container or Container designated for Recyclable
Materials which shall/be located in such location and shall be
collected on a s~hedule by the Franchisee that will provide a safe
and efficient accessibility to the Franchisee's collection crew and
vehicle. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate
the location for pick-up.
15
: I
c. Commercial RecycHnl CoUeQtion Service: The Franchisee shall have the
exclusive right to pe~form C~mercial Recycling Collection Services on
behalf of the Franchisor for any business in the Service Area where the
Franchisee has arranged, negotiated or contracted for such service, and
Franchisee shall have the right to solicit Commercial Recycling Collection
Service agreements with any business in the Service Area upon terms and
conditions consistent with this Agreement, and Franchisee shall have the
exclusive right to provide loading, collection, transporting and removal
services for potential recyclable materials in the Service Area.
;, : J
;I.
1. Condition. and Frequency ot Service: The Franchisee shall
provide Commercial Recycling Collection Services to all business or
commercial entities located in the designated Service Area resulting
from its own solicitation. The size and frequency of the Container
designated for Recyclable Materials shall be determined between the
customer and the Franchisee. However, size and frequency shall be
sufficient to provide that no Recyclable Materials need be placed
outside the Container. Storage capacity shall be suitable for the
amount of recyclables generated by the customer. The Franchisee
shall provide Containers as necessary. Compactors may be obtained
by customers from any source provided that such Compactor must
be of a type that can be serviced by the Franchisee's equipment and
the customer shall be completely responsible for its proper
maintenance. Compactor frequency of collection shall be sufficient
to contain the waste without spillage. All Commercial Recyclable
Materials shall be placed in a Container, Compactor or other
acceptable Recycling Container. Recyclable Material shall not be
commingled with other solid waste. Where Recycling Containers are
used, they shall be placed at an accessible location 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 &greed upon between the Franchisee and the
customer. Any Contai,ner or Recycling Container damaged by the
Franchisee shall be rS'~aired or replaced by the Franchisee within
seven (7) days.
2. Level, Type and Di.clo.ure of Rate. for Commercial RecycHnl
Collection and Other Service.: 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
16
fees. The terms and conditions of such Agreement shall be in
compliance with all provisions of this franchise Agreement and the
term shall not extend beyond the term of this Agreement as stated
in Section 1. The customer shall subscribe to a level of service
sufficient to meet the needs of the customer in Co sanitary and
efficient manner. However, upon failure of the parties to reach such
an Agreement, the Contract Administrator, or his designee, at the
election of the customer and Franchisee may 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 b~Uresponsible for the billing and collection of
Commercial Recycling Collection charges except as otherwise
provided in this Agreement. The written Agreement between the
Franchisee and the customer shall be as specified in Exhibit III.
In the event the same vehicle is used to collect residential recyclable
materials and commercial recyclable materials, the burden is on the
Franchisee to verify and demonstrate which portion of the load, by
volume at the point of collection, is from commercial entities.
3. Ownenhip: Notwithstanding any other provision of this Agreement,
a commercial generator:.~f Recyclable Materials retains ownership of
those materials until he or she donates or sells, or contracts for the
donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged
in the business of recycling, whether for profit or n::.n-profit, from
accepting and transporting Recyclable Materials, under contract with
a commercial generator, from such commercial generator when such
Recyclable Materials have been purchased from or donated by the
commercial generator, .and no charge is made to or paid by the
I'
commercial generator f~r the loading, collection, transporting or
removal of such Recyclable Materials. Provided, however, that such
activities are sUQject to applicable state and local public health and
safety laws, and provided that the transporter must report such
information to the Franchisor as may be necessary for the
documentation of state mandated recycling or reduction goals.
17
\ ,
I
D. M.thod ofPaym.nt: The Fr~chisor will be responsible for the billing and
collection of payments for Residential Recycling Collection Service.
Payments from the Franchisor to the Franchisee will be due and paid no
later than the tenth day of the month following service. This rate .hall be
adjusted in subsequent years in accordance with Section 6.
t
The Franchisee shall be responsible for billing and collectiC':l of payments
for Commercial Recycling Collection Service, at the rates as set out in
I
Exhibit II. In addition, the/Franchisee will bill the Franchisor for the
reside.-atial collection of automobile tires collected as part of Bulk Trash.
The Franchisee shall report tire collections in a format prescribed by the
Contract Administrator. This service is subject to available funding and
could be terminated upon notification by the Contract Administrator. The
rates set out in Exhibit II shall be adjusted in subsequent years in
accordance with Exhibit IV.
E. Hours of ColI.ctlon: Residential Recycling Collection Service shall be
conducted between the hours of 5:00 a.m. and 6:00 p.m., Monday through
Saturday. Dwelling Units receiving Containerized Residential Recycling
Collection Service and non-residential collection sites located adjacent to
residential units shall be considered residential collection and shall only be
collected between the hours of 5:00 a.m. and 6:00 p.m. Monday through
Saturday. In the event of a dispute, the Contract Administrator shall
determine the hours of collection.
F. Rout.. and Soh.dul..: The Franchisee shall provide and keep current
with the Contract Administrator or his designee, in a format acceptable to
the Contract Administrator, an up-to-date route schedule map for all
Residential Recycling Collection Service routes. The Fro.nchisee shall
immediateiy notify the Contract Administrator in writing of any change in
any route schedule four weeks prior to change. In the event of a permanent
change in the routes or schedules that will alter the pick-up day, the
Franchisee shall immediately, notify the affected customer in writing or
, I
'other method approved, by th,~Contract Administrator not less than two (2)
weeks prior to the change, #at'no cost to the Franchisor.
G. R.placem.nt orR.oyollng Contaln.1'II for R.ald.ntial D....Wnc Units:
1. The Franchisee will replace at his expense any Recycling Container
damaged through the fault or negligence of the Franchisee or his
18
V
1.
J.
employees. Replacement Recycling Containers or Containers
designated for Recycling will be provided by the Franchisor with the
cost deducted for replacement containers from the Franchisee'.
monthly fees.
2. The Franchisor at its expense will supply to the Franchisee, for
distribution to the customer, replacement Recycling Containers
which were originally provided by the Franchisor and lost or
damaged by the occupant of a Dwelling Unit.
I.
i ~
3. The Franchisee shall! promptly deliver replacement Recycling
COIlltainers, damaged jJ.~y its employees, or when hotified by the
COIlltract Administrator, or his designee, or the occupant of a
Dwelling Unit where a Recycling Container is damaged or missing,
and shall monthly report all such replacements to the Franchisor.
The Franchisee shall also promptly deliver additional Recycling
Corttainers as requested by the Franchisor on behalf of the
residential customers for the purpose of excess Recyclable Materials.
H.
MaDDer or CollectloD: The Franchisee shall collect Recyclable Materials
with as little disturbance as possible and shall leave the Recycling
Container or Container housing Recyclable Materials at the same point it
was collected. To be eligible for Curbside Residential Recycling Collection
Service, Recyclable Materials must be put in a Recycling Container.
Additional materials that cannot be placed in the Recycling Container may
be put in a paper (kraft) bag and placed at the usual accessible pick-up
location for Curbside Residential Solid Waste Collection. All Recyclable
Materials set out by the customer that meet these criteria shall be collected.
: I
Matedal aecycllDI Facility:'" The Franchisee shall deliver all Recyclable
Materials collected from the Service Area to the facility designated, in
writing, by the Contract Administrator. The Franchisee is responsible for
the deli\\ery of clean, non-contaminated Recyclable Materials.
Contaminated materials are defined as those material~ that require
extensive sorting and/or disposal as determined by the supervisor of the
County's recycling facility.
ChaDle i~ Scope or RecycllDI CollectloD Service: From time to time, at
the sole option of the Franchisor, it may be necessary to modify the scope
of Recycla1l>le Ma~erials that will be included in Recycling Collection Service.
19
.
Should this occur, the Franchisor and the Franchisee agree to enter into
good faith negotiatiorts to amend this Agreement to reflect the impact of any
such modification.
,
6. CHARGES, RATES AXD LEVJI:L 01' SERVICES:
II .
~J
A. Oblllation of :rranchlaor for BIllinl, COllection, and Paymenb
1. Speclfio Responsibilities: The Franchisor or its designee will be
responsible for the billing and collection of payments for Residential
Solid Waste Collection Services with the exception of any Special
Services provided by t~ Franchisee. Billing and collection of these
services will be the responsibility of the Franchisee.
The Franchisor shall make monthly payments in arrears to the
Franchisee for the Residential Solid Waste Collection Service
provided pursuant to this Agreement. The Franchisee shall be
entitled to payment for services rendered irrespective of whether or
not the Franchisor collects from customers for such services.
Payments from the Franchisor 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. Franchisee shall service all
residential units. If Franchisee is in doubt as to whether units are
being billed, Franchisee will contact the Contract Administrator.
On or before October I, and before commencement of work by the
Franchisee under the terms of this agreement, the Franchisor shall
provide to the Franchisee the estimated total number of units to be
serviced. By November 1 of each Fiscal Year, the Franchisor shall
provide to the Franchisee a copy of the annual assessment roll
providing a detailed listing of all the units to receive these services.
Thereafter and for the duration of this Agreement, the Franchisor
shall promptly nptify the Franchisee of new residential units to be
served and/or delete~d payments will be adjusted accordingly.
New Dwelling Units which are added for service during the
Franchisor's Fiscal Year will be added to the customer service list
and payment will be paid by the Franchisor to the Franchisee in the
Franchisee's monthly payment. Payment will be prorated based
upon the date of Certificate of Occupancy.
20
2. Unit. Omitted From Annual Roll: In the event the Franchisee
provides service to Dwelling Units whose parcel was not included on
the annual assessment roll provided by the Franchisor, the
Franchisee must provide a written list of such Dwelling Units to the
Contract Administrator as soon as possible after receipt of the
assessment roll. Upon receipt of such written list by the Franchisor,
the Contract Administrator will, within 30 days, verify the customer
address and that service to the unit is proper, and if proper, shall
remit monthly payments to the Franchisee for such service effective
.~s of October 1 of the Fiscal Year or the date service began,
whichever is later. The Franchisor reserves the right to correct any
I
errors of omission or c~rmission per the laws and rules that govern
the Franchisor. In the~vent the Franchisor pays the Franchisee for
a residential unit in error for whatever reason, the Franchisee shall
notify the Contract Administrator. Upon determination of any
overpayment, the Contract Administrator will verify the error and
make appropriate adjustment to the Franchisee's payment to correct
the error.
B. Solid Waste and Recyclinl CoUectlon Rate AdJustmenb: For all
Collection services, the charges shall be initially based on the rates
established in Exhibit II, and as subsequently adjusted pursuant to this
Agreement. The Franchisee shall receive an annual adjustment in the
Residential Solid Waste Collection Service, Commercial Recycling Collection
Service, Commercial Solid Waste Collection Service and Residential
Recycling Collection Service rates. The adjustment shall be made to the
I
combined category of Residential Solid Waste Collection Service and to
Residential Recycling Collect~~ Service and, separately to the combined
category of Commercial Solid Waste Collection Service and Commercial
Recycling Collection Service. At the end of the first year of this Agreement
the adjustment shall be made solely on the Refuse Rate Index (RRI), and the
second and subsequent adjustments shall be the lesser of the actual
increase in the Franchisee's costs as shown in the Franchisee's annual
audit or the RRI. The ~djustn;J.ents shall be made as set out in Exhibit IV.
Within 120 days after the Franchisee's fiscal year hereby defined as
January 1 through December 31, the Franchisee shall deliver to the
Franchisor, in a format as shown in Exhibit V, (as may be further revised
by the Contract Administrator from time to time), an audited Financial
Statement including, at a minimum, a balance sheet and an Income
21
<<
Statement representing the financial position and the results of operations
respectively of the Franchisee for each Service Area. The report must
include the opinion of a Florida Certified Public Accountant, who has
I
conducted an audit of the Fr~chisee's books and records in accordance
with generally accepted audit~j1g standards which include tests and other
procedures necessary, that the Financial Statements are fairly presented,
in all material respects, in conformity with generally accepted accounting
procedures.
The Franchisor and Franchisee understand and agree that time is of the
essence regarding receipt of the audited financial statement. Therefore, if
the Franchisee fails to provid~ the Franchisor with the audited fmancial
statement on or prior to the date prescribed herein, unless granted an
extension by the Contract Administrator, the Franchisee shall pay the
Franchisor the sum of one hundred dollars ($100.00) per day for each
calendar day the submittal is late.
The Franchisee shall supply the Franchisor with such further information
as may be reasonably necessary to make the calculations to determine the
annual adjustment in accordance with the Payment Adjustment Schedule
(Exhibit IV). No change in rates except for the Payment Schedule
adjustment as provided by this Agreement shall be made without the
approval of the Board. Annual rate adjustments shall be effective the
following October 1, unless otherwise mutually determined by the
Franchisor and the Franchisee.
C. Solid W.ate Dlapoa"and RecycUnc Proceaalnc Coata: Residential solid
waste disposal and residential recycling processing costs will be part of the
special assessment billed by the Franchisor. Commercial costs and
commercial recycling processing charges, as well as disposal charges for
Roll-Off Service, will be billed by the Franchisee and submitted on a
monthly basis to the Franchisor in a format prescribed by the Contract
Administrator. Disposal charges for C&D debris will be billed at the current
tipping fee as determined by the Franchisor. This monthly billing
I
statement shall be due by noon on the tenth (10th) day of each month, or
the first business day ther~ar(er, and shall contain information pertaining
to the preceding month. Information provided on the monthly billing
statement shall be complete and accurate and falsification of the same shall
be a criminal offense.
22
E.
D.
Extraordinary Rat. AdJu.bnent: . 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 foreseen by a prudent operator. The Franchisee's request
shall contain substantial proof and justification, as determined by the
Contract Administrator, to support the need for the rate adjustment. The
Franchisor may request from the Franchisee su<;h further information as
may be reasonably necessary in making its determination. The Franchisor
shall at its sole option approve or deny the request, in whole or in part,
within': sixty (60) days of receipt of the request and all other additional
information required by the Franchisor.
Ii
: I
Franchi.. Fee: To compensJJe for the cost of administration, supervision
and inspection rendered for the effective performance of this Agreement, the
Franchisee shall pay to the Franchisor a fee of three percent (30/0) of all
gross revenues charged, collected or received arising out of any services or
operations provided in this Agreement. Solid waste disposal costs shall be
deducted from the gross revenue total prior to applying the 3% for
calculation of the franchisee fee due to the Franchisor. Franchise fees shall
be payable within forty-five (45) days of the last day of each calendar
quarter.
7. . HOLIDA VS: The following days shall be au thorized 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, Vegetative Waste, Residential
I
. Recyclable Material or maintain of!ice hours on these designated holidays.
Services not provided on the designated holidays shall resume on the next
scheduled service day.
8. SPECIAL SERVICES: Rates charged for Special Services may not exceed the
special service rates as listed in Exhibit VII. In the event the requested special
service is not included within Exhibi~ II, the Franchisee may negotiate with the
customer for the rate. Upon fai1ure~f the parties to reach an agr{:ement on the
rate, the Contract Administrator shall establish the rate. The Franchisee shall be
responsible for bil1ing and collection of payment for all Special Services.
9. PUBLIC AWARItft'ItSS PROGRAM: The Franchisee shall assist the Franchisot
with the Public Awareness Program by distributing door hangers, stickers, flyers
or other medium 110 residential and commercial customers as requested by the
Franchisor. Additionally ~t is the Franchisee's responsibility to provide information
23
"
to the Franchisor about those customers who repeatedly do not prepare or set out
their Recyclable Material or'solid waste as specified within this Agreement.
The Commercial Recycling custome1 will also he notified, by the Franchisor
through the Franchisee about specfal commercial recycling events, workshops,
educational forums and symposiums and other activities, as needed.
10. MANNER OF COLLECTION: The Franchisee shall collect Residential Solid Waste,
Vegetative Waste and Recyclable Materials and Commercial Solid Waste and
Recyclable Materials with as little disturbance as possible and shall leave any
. I
receptacle at the same point it was ~llected.
Any container damaged by the Franchisee will be replaced by the Franchisee
within seven (7) days at no cost to the customer, unless otherwise provided within
this Agreement. The replacement must be similar in style, material, quality and
capacity. Throwing of any garbage receptacle, container or recycling container is
prohibited.
To be eligible for pick-up, Residential Solid Waste and Vegetative Waste _ Regular
must be placed in a Garbage Receptacle or properly bundled. Vegetative Waste-
Oversize and Bulk Trash as defined in Sections l.LL and l.C of this Agreement
shall be picked up by the Franchisee within seven (7) calendar days of notification
by the resident of the Dwelling Unit. Vegetative Waste - Oversize and Bulk Trash
must be placed at an accessible pick-up location.
11. 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. The Franchisee's solid waste collection employees shall wear a uniform or
shirt bearing the company's name during operations.
C. Each driver of a collection vehicle shall at all times carry a valid Florida
driver's license for the ~ype of vehicle that is being driven.
D. The Franchisee's name and office telephone number shall be properly
displayed on all solid waste and recycling collection vehicles and Containers
provided by the Franchisee.
E. The Franchisee shall provide operating and safety training for all personnel.
F. The Franchisee's employees shall treat all customers in a polite and
courteous manner.
24
12. SPILLAGE: The Franchisee shall not litter or cause any spillage to occur Upon the
premises or the right-of-way wherein the collection shall occur. During hauling,
all solid waste, vegetative waste and recyclable material shall be contained, tied,
or enclosed 80 that leaking, spilling and blowing is prevented. In the event of any
spillage or leakage caused by the Franchisee, the Franchisee shall promptly clean
up all spillage and leakage at no cost to the Franchisor.
13. SOLID WASTE AND RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste and Recyclable Material shall be
delivered to a site or facility designated in writing to the Fran~hisee by the
Contract Administrator. Ifthe Franchisor should request the Franchise~ to deliver
to a site or facility which is a greater distance than the nearest 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. The Franchisee shall provide to the Franchisor by August 1st of each
year written notice indicating the estimated cost of operation per truck mile which
shall be in effect for the twelve (12) month period beginning October 1st. The
' 1'\
Franchisor shall provide the Franchisee written notice of either approval or denial
ofthe proposed cost by August 15thJ~f 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 withheld by either the
Franchisor or Franchisee. If an agreement cannot be reached, the Franchisee may
petition the Board of County Commissioners for a fmal hearing on the denial.
Such decision by the Board shall be final.
V
In the event that a load of Recyclable Materials delivered to the designated facility
contains more than 3.5%,by weight of the total load, material which is not
Recyclable Material or that there is more than 3.5% paper products within the
other co-mingled Recyclable Material or vice versa, the Franchisor has the right
to reject the load and to charge the Franchisee the full disposal fee for each ton
within the load. The Franchisee may pass this cost through to a commercial
customer in the event that the Franchisee can prove that the customer caused the
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contamination to the satisfaction of the customer. In the event of a dispute, the
Contract Administrator will determine whether the Franchisee or the customer will
absorb the disposal fee. It is the responsibility of the Franchisee to notify the
Franchisor of any customer who has on more than three occasions contaminated
the Recyclable Materials.
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14. COLLECTION EQUIPMENT: The Fr~chisee 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
Agreement. Upon execution of this Agreement and annually thereafter, the
Franchisee shall provide in a format specified by the Contract Administrator a list
of the equipment to be used by the Franchisee to provide services relating to this
Agreement. Solid Waste collection equipment shall be of the enclosed loader
packer type, or other equipment that meets industry standards and is approved
by the Contract Administrator. 1\11 equipment shall be kept in good repair,
appearance and in a sanitary, clean condition at all times. Recycling Materials
collection equipment shall be multiple compartment equipment (one compartment
for each recyclable material collected), or other equipment that meets industry
standards and is approved by the Contract Administrator, and must be compatible
for unloading at the designated facility. Equipment utilized for the collection of
Recyclable Materials shall be clearly identified for that purpose. 7he Franchisee
shall have available reserve equipment which can be put into service the same day
as the occurrence of any breakdown. Such reserve equipment shall correspond
in size and capacity to the equipment used by the Franchisee to perform the
contractual duties.
15. VEGETATIVE WASTE: All vegetative Waste shall be collected separately from
Residential Solid Waste, Commercial Solid Waste and Recyclable Materials. All
tree and shrub trimmings, grass clippings, palm fronds and all tree branches or
other similar loose waste shall be tied in bundles or placed in containers. Oversize
Vegetative Waste mU8t be no more than six (6) feet in length and placed neatly at
the curb.
16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL
WASTE AKD SLUDGE: The Franchisee shall not be required to collect and dispose
of Special Waste, Hazardous Waste, Biohazardous or Biomedical 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 or exclusive under this
Agreement, but if provided by the Franchisee shall be in strict compliance with all
federal, state and locallaw8 IlQd regulations.
17. OFFICE: The Franchisee shall maintain an office within Monroe County where
complaints shall be received. It shall be equipped with sufficient tdephones, and
shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:0q a.m. to 5:00 p.m., Monday through Friday.
The Franchisee shall provide an answering machine during non-office hours for
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19.
the receipt of customer inquiries. The Franchisee shall provide a contact person
for the Franchisor to reach during all non-office hours. The contact person must
have the ability to authorize Franchisee operations in the case of Franchisor
direction or situations requiring immediate attention.
18.
COMPLAIXT8: All service complaints shall be directed either to the Contract
Administrator or to the Franchisee. All complaints received by the Contract
Administrator will be forwarded daily to the Franchisee by telephone or other
electronic means. All complaints received by the Franchisee shall be recorded on
a form appro\ied by the Contract Administrator. All complaints shall be resolved
within twenty-four (24) hours after receipt by the Franchisee. When a complaint
is received on a Saturday or the day preceding a holiday, as specified in this
Agreement, it shall be resolved by the Franchisee no later than the next regular
working day. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Administrator shall be notified. Upon resolution, the Franchisee shall
notify the Contract Administrator or his designee of the action taken to resolve the
complaint on the approved form. !I
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The Franchisee shall provide the J:ontract Administrator with a full written
explanation of the disposition of any complaint involving a claim of damage to
private or public property as a result of actions of the Franchisee's employees,
agent, or sub-contractor.
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QUALITY OF SERVICE:
A. It is the intent of this Agreement to ensure that the Franchisee provides a
quality level of solid waste and recycling collection services.
1. To this end, all complaints received by and/or referred to the
Franchisee shall be promptly resolved pursuant to the provisions of
Section 18 of this Agreement.
2. An excess oflegitimate complaints shall be a determining factor in
the Franchisor's decision to exercise the renewal option as specified
in Section 3. An ~xcess of legitimate complaints shall be defIned as
an amount that exceeds two percent (2%) of the total customers
served by the Franchisee within the service area during any
Franchisor fIscal year. The legitimacy of a complaint shall be
determined by the Contract Administrator or his designee.
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Any occurrence ofthe fdUowing actions on the part of the Franchisee .
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shall result in an aSsessment of liquidated damages. with the
designated amount deducted from paymenta due or to become due
to Franchi.ee:
3.
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a. Failure to collect mined cuatomers by 8:00 p.m. $25.00 per incident to a
the aame day when given notice before noon, or by maximum of $150.00 per
12 :00 noon the following day when given notice truck per day
between 12:00 noon and 5:00 p.m.
b. Legitimate complainta over ten (10) per month $100.00 per incident
c. Collection of Residential Solid Waste and! or $100.00 per incident
Recyclables before 5:00 a.m. or after 6:00 pm.
d. Comminglins Solid Waate with Vegetative Waste, $100.00 per incident
Recyclable Materiala, C&D Materiala, or other waste
material:
e. Failure to clean apillage: $100.00 per in<..ident
f. Failure to replace damaged container within seven $100.00 per incident
days (two daya for residential)
g. Failure to return containers or garbage receptacles $100.00 per incident
to original location. !'
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h. Failure to repair damage to customer property: $100.00 per incident
i. Requiring a designated facility to rem~in open after $100.00 per hour that the
its regular buaine.. hours: _ .'_ / , site remain. open after its
regular businesa hours
j. Failure to comply with designated facility $100.00 per incident
regulations: , i
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k. Failure to provide clean, safe and aanitary $100.00 per incident
equipment:
1. Failure to maintain office hours as required: $100.00 per incident
m. Operator not Iicenaed: $100.00 per incident
n. Failure to provide documents and reports in a $100.00 per incident
timely and accurate manner:
o. Failure to Cover materials, if appropriate, on $100.00 per incident
collection vehic1e(a):
p. Name and phone number not displayed on $100.00 per incident
equipment or containers:
q. Providing exclusively prohibited service in another $100.00 per incident
Franchisee's area, without prior authorization by
the Contract Administrator:
r. Not providing schedule and route maps: $100.00 per incident
s. Excessive noise generated by service equipment $100.00 per incident
and! or personnel:
t. Using improper truck to service commercial or $100.00 per incident
residential customer:
Improper Action.
Liquidated Damale.
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u. Failure to aubmit diacloaure. notice to either $100.00 per incident
cuatomer or Contract Administrator:
v. Failure to report recycling activity monthly (on or $100.00 per incident
before the 'loth day of the following month)., in the
format determined by the Franchiaqr, for the
purpose of tracking and verifying county-wide
recycling activity:
w. Failure to offer a correaponding reduction in the $100.00 per incident
level of solid waste aervice with the implementation
of commercial recycling:
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x. Failure to 8ubmit an audited financial statement by $100.00 per calendar day
the preacribed date:
y. Failure to respond to complainta and customer $100.00 per incident
calla, including commercial recycling cuatomera, in
a timely and appropriate manner:
z. Failure to complete a route on the regular $1000 for each route per day
acheduled pick-up day: not completed
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aa. Failure to deliver any Reaidential or Commercial $1000 for 1 at offenae;
Solid Waate, Vegetative Waate or Recyclable $2500 for 2nd offenae;
Materiala to a deaignated facility: 1088 of franchiae for 3rd
offense
bb. Failure to provide proper notification prior to \ $1000 per incident
residential route changea: Ii
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cc. Failure to finish the uncompleted route (s) of the $1500 for each failure to
previous day on the next calendar day: complete
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The Contract Administrator may assess charges pursuant to this Section on a monthly basis
in connection with this Agreement and shall at the end of each month during the term of this
Agreement notify the Franchisee in writing of the administrative charges assessed and the
basis for each assessment. In the event the Franchisee wishes to contest such assessment
it shall, within five (5) days after receiving such monthly notice, request in writing an
opportunity to be heard by tho Franchisor and present its defense to such assessment. The
decision of the Franchisor will be final.
20. FILING OF REQUESTED INFORMATION AND DOCUMENTS:
A. In addition to any other requirements of this Agreement, the Franchisee shall
be required to file pertinent statistical and aggregate cost information
pertaining to solid waste collection and recycling collection services that is
requested by the Franchisor to bomply with the provisions of Section 403, F.S.,
as amended, and any other p~tinent laws and regulations. The Franchisee
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will also be required to submit a monthly operations report in a format
proscribed by the Contract Administrator. The results of all recycling activity
conducted by the Franchisee in the Service Area during each month, whether
rosidential or commercial, 8hall be reported accurately to the Franchisor in a
format and with such dates a8 specified by the Franchisor, on or beCore the 10th
day of the following month.
21.
B. The Franchisee shall file and keep current with the Franchisor documents and
reports required by this Agreement. By September r& of each year this
Agreement is in effect, the Franchisee 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 curront and on file with the Franchisor. Failure to file any document or
report within five (5) working days of tho required filing date, except where
granted an extension by the Co'ntract Administrator, may result in the levy of
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a liquidated damage as provided in Section 19.
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UNCONTROLLABLE CIRCUMST NCES: Neither the Franchisor nor Franchisee
shall be considered to be in default be this Agreement if delays ~n or failure of
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performance shall be due to Uncontroll~ble Forces, the effect of which, by the exercise
of reasonable diligence, the non-perfo;'ming party could not avoid.
Neither party shall, however, be excused from performance if non-performance is due
to forces which are preventable, removable, or remediable and which the non-
performing party could have, with the exerc:ise of reasonable diligence, prevented,
romoved or romodied with reasonablo dispatch. The non-performing party shall,
within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
22. PERMITS AND LICENSES:
The Franchisee shall obtain, at his own expense, all permits and licenses required by
law for the Franchisee's operation under this Agreement and maintain the same in
full force and effect.
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23. PERFORMANCE BOND:
The Franchisee shall furnish to the Franchisor a performance bond executed by a
surety company licensed to do business in the State of Florida and/or a dean
irrevocable letter of credit issued by a bank within Monroe County to ensure the
faithful performance of this Agreement and all obligations arising hereunder in the
nppropriate amount determined in accordance with Exhibit VII. The clean irrevocable
lotter 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, and the
Surety Compnny, shall be acceptable to the Franchisor attorne~' and shall be
maintained during the term of this Agreement. The bond shall be endorsed to show
the Franchisor, a political subdivision of the state of Florida; and shall also provide
that bonds shall not be cancelled, limited or non-renowed until after thirty (30) days
written notice has been given to the Franchisor. Current performance bonds
ovidencing required coverage must be on file at all timos.
24. WORKER'S COMPENSATION INSURANCE
Worker's Compensation coverage must be maintained in accordance with statutory
requirements as well 8S Employer's Liability Coverage in an amount not less than
$100,000.00 per incident. >>
25. 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 oxposures incident to tho 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 $] ,000,000.00 Combined Single Limit for
personal 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 a.nd 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 canceled, 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
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furnished by Franchisee shall in no way limit its responsibility to indemnify and save
harmless Franchisor under the provi~ibn of Section 25 of this Agreement.
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26. INDEMNITY:
Tho Franchiseo will hold the Franchisor harmloss from any and all liabilities, losses
or damages tho Franchisor may suiTer as a result of claims, demands, costs or
judgmonts 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 Agreoment and tho 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.
27. ACCESS TO FRANCHISEE BOOKS AND RECORDS:
The Franchisee shall maintain within Monroe County adequate records of aU Solid
Waste collection and recycling services, I,:'! The Franchisor or its designee shall have the
right to review all records maintained ,} the Franchisee upon 24 hours written notice.
An annual audit of the books and recdrds by a Florida independent certified public
accounting firm prepared in accordanc~with generally accepted accounting principles,
pertaining only to each individual Collection Agreement and Service Area, shall be
delivered to tho Franchisor within one hundred and twenty (120) days of the twelve
(12) month period ending the Franchisee's fiscal year, unless an exteusion should be
approved by the Franchisor. No rate adjustments of any type will be granted to the
Franchisee unless all required audits have boen filed in a timely manner.
28. 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.
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29. NOTICE:
Except whero otherwise noted herein, any communication required for any purpose
in this Agreoment shall be in writing and delivered in person with a signed receipt .
or Bont by certifiod mail, postage pre-paid as follows:
As to the Franchisor:
Monroe County
Divisi()n of i~nvironmental Management
5100 College Road
Public Sorvice Building
Key West, FL 33040
Attention: Contract Administrator
As to tho Franchiseo:
Ocean Reef Club, Inc.
31 Ocoan Roef Drivo
Suite C-300
Key Largo, F'L 33037
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30. 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
written notice, to be served as hereafter provided, upon the happening of any
one of tho following events:
1. Franchiseo shall take tho benefit of any present or future insolvency
statuto, or shall make a general assignment for the benefit oC creditors.
or filo a voluntary petition in bankruptcy or a petition or answer
socking 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 the receiver, trustee or liquidator of all or substantially
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all of its property; or ~i !,
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2.
By order or dccrne 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 indebtedneBS under the
Federal bankruptcy laws or under any law or statute of the United
States or of any state thercof, 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 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
3.
By or pursuant to or under authority of any legislative act, resolution
or rule or any order or decrce 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 sfch possession or control shall continue in effect
for a period of sixty (60) 'days; or
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Tho Franchisee has. d' aulled, by failing or refusing to perform or
observe t.he 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 ifby reason of the nature of such default, the
same cannot be remedied wit.hin thirty (30) days following receipt by
Franchisee of written demand from Franchisor to do so, Franchisee fails
to c()mmertce the remedy of such default within said thirty (30) days
following such written notice or having so commenced shall fail
ther(~after 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 [b] that it is
procecding with diligcnce to cure said default, and such default will be
curcd within a reasonable period of time.
4.
B. However, nptwithstanding anything contained herein to the contrary, for the
failure of Franchisee to provide Collection Service for a period of three (3)
consecutive scheduled working days, the Franchisor may secure the
Franchisec's billing records on the fourth (4lh) working day in order to provide
interim colliJction .services unt\/rUCh time as the matter is resolved and the
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Franchiseo is again able to perform pursuant to this Collection Agreement;
provided, howevor, if the Franchisoe is unable for any reason or cause to
resume porformance at the end of thirty (30) working days all liability of the
Franchisor under this Agreement to the Franchisee shall cease and this
Agreement may be doomed immodiately terminated by the Franchisor.
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C. Notwithstanding tho foregoing and as supplemental and additional means oC
termination of this Agreoment under this Section, in the event that
Franchisee's record of performance shows that Franchisee has Crequently,
regularly or repetitively defaulted in tho performance of any of the covenants
and condit.ions 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 forfoit the right to any further notice or grace period to correct,
and all of said defaults shall bo considered cumulative and collectively shall
constitute a condition of irredeemable default. The Franchisor shall thereupon
issuo 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 cumulativt defaults, shall be grounds for immediate
terminat.ion of this AgreementJ In the event of any such subsequent default,
Franchisor may terminate this Collection Agreement upon the giving of written
Final Notieo to Franchisee. such cancellation to be effective upon the fifteenth
consecutive calendar day following the date of Final Notice, and all contractual
fees duo herounder 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 Notice, Franchisee shall proceed to cease any further
performance under this Collection Agreoment.
D. In the event of the aforesaid evonts 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 Agreement shall be deemed immediately terminated
and upon such termination all liability of the Franchisor under this 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 contractors for
the operation of the herein specified services. The Franchisee for failure to
perform shall reimburse the Franchisor all direct and indirect costs of
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providing interim .:ollection 8e]ice.
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:11. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR
CHANGE IN LAW:
Tho Franchisor shall have the power to make changes in this Agreement 88 the result
of changes in law and to impose now and reasonable rules and regulations on the
Franchisee under this Collection Agreement relative to the method of collection and
disposal of Garbage, Rubbish, Bulk Trash, Vegetative Waste, or Recyclable Materials
as shall from timo to time bo nocossary and desirable for the public welfare. The
Franchisor shall give the Franchisee reasonablo notice of any proposed change and an
opportunity to bo heard concerning those matters. The method of collection and
disposal of solid waste and recycJables a8 referenced herein shall also be liberally
construed to include, but not limited to, the manner, procedures, operations and
obligations, financial or otherwise, or the Franchisee..
1'ho Franchisor and Franchisee understand and agree that the Florida Legislature
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from time to timo has made comprehensive changes in Solid Waste Management
legislation and that these and other {~anges in law in the future, whether federal,
state or local, which mandate coj.tain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions
or obligations under this Agreement. Nothing contained in this Agreement shall
roquiro any party to perform any act or function contrary to law.
The Franchisor nnt! Franchisee agree to enter into good faith negotiations regarding
. modifications to this Agreement which may be required in order to implement changes
in the interest of the public welfare or due to change in law.
:l2. RIGHT TO REQUIRE PERFORMANCE:
The failure of tho Franchisor at any time to rcquire performance by the Franchisee
of any provisions hereof shall in no way affect the right of the Franc~isor thereafter
to enforce the sarno. Nor shall waiver by the Franchisor of any breach of any
provisions hercof bo taken or held to be waived of any succeeding breach of such
provisions or as n waiver of a~y provision itself.
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aa. TITLE TO WASTE:
The Franchisor shall, at all times, hold tille and ownership to all Residential and
Commercial Solid Waste, Vegetative Waste, Rubbish, Recyclable Material and all
other waste collected by tho Franchisee pursuant to this Agreement.
a... GOVERNING LAW AND VENUE:
This Agreement shall be governed by the laws of the State of Florida. Any and all
legal action neeessary to enforce the Agreemont will be held in Monroe County and
the Agreement will be interpreted according to the laws of Florida.
35. COMPLIANCE WITH LAWS:
The Franchisee shall conduct operations under this Agreement in compliance with all
applicable laws. ;,',.J
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36. ILLEGAL PROVISIONS:
If any provisions of this Agreement shall be declared illegal, void or unenforceable, the
other provisions shall not be affected but shall remain in full force and effect. The
parties agree to reform the Agreement to replace any stricken provision with a valid
provision that comos as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent the entire Agreement from being void
should a provision which is of the essence of t.he Agreement be determined to be void.
:17. ASSIGNMENT AND SUBLETTING:
The Franchisee shall not assign or dispose of the Franchise granted by this Agreement
by sale, lease, mortgage or otherwise transfer it in any manner whatsoever without
the express written consent of the Franchisor. Prior to any proposed assignment or
salo of the Franchise, the Franchisor shall be given the right of first refusal. The
Franchisor shall have full discretion to approve or deny, with or without cause, any
proposed assignment or assignment by the Franchisee. Any assignment of this
Agreement mado by the Franchisoe,without the express written consent of the
Franchisor shall be null ~nd void an~1hall be grounds for the Franchisor to declare
38
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a default of this Agreement and immediately terminate this Agreement by giving
written notice to the Franchisee, and upon the date of such notice this Agreement
shall be deemed immediately terminated, and upon such termination all liability oC
tho Franchisor under this Agreement to the Franchisee shall cease, and Franchisor
shall havo the right to call tho porformance bond and shall be free to negotiate with
othor Franchisees or any other person or company for the service oC the Franchise
area which is the.subject of this Agreement. In the event of any assignment, assignee
shall fully assume all the liabilities of the Franchisee.
It is the intent of the parties that no Franchisee, whether by itself or through its
parent(s) or holding companies, shall at any time hold or have control of more than
two (2) Solid Waste and Recycling Collection Franchise Agreements with the
Franchisor.
For purposes of this Section, a parent or holding company shall mean any person,
corporation or company hohling, owning or in control of more than ten (10%) percent
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stock or financial interest in the Franchisee.
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38. MODIFICATIONS:
This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed or amended in any
respect unle8s in writing and signed by the parties hereto.
39. INDEPENDENCE OF AGREEMENT:
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Except as otherwise noted in Section ~.A, 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 bo and shall remain an independent contractor with
respect to all servicos pf:'rformed under this Agreement.
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40. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT:
'rhe 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 ~nder the terms of this Collection Agreement.
'rhe County and a municipality that e,JJcts to be covered by this Collection Agreement
shaJl enter int.o an intorlocal agreement regarding the participation of the
municipality. Municipalities currently being served by a Franchisee under the terms
and conditions of the current franchise agreement dated . shall continue
to be served by those franchisees under the provisions of this Collection Agreement.
41. OTHER RATE ADJUSTMENTS:
Non-performance of this Franchise Agreement or a request for a rate increase, either
of which are attributed to the Franchisee accepting the Franchise Agreement award
at an insufficiently low rate, shall result in cancellation of all solid waste and
rccycling collection service Franchise ,Agreements for all service areas entered into
with the franchisoe.~J
42. EXISTING OR PRIOR AGREEMENTS:
'rhe torms and conditions of this Agreement supersede the terms, obligations and
conditions of any existing or prior Agrccmcnt or understanding, written or verbal,
between the parties regarding the work performed, compensation to be paid, and all
other matters contained.
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IN WITNESS WHEREOF, the parties hereto have caused this CoJJection Agreement to be
executed by the respective authorized representatives as of the date first above written.
As to Franchisor:
BY:
Mayor
.'
ATTEST BY: DANNY 14 KOL.HAGE, Clerk
By: ~f~
Clerk to the Board
APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:
By:
As to the Franchisee:
OCEAN REEF CLUB, INC.
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By:
~ IIzLL
Jack Hrad
ORe President/CEO
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EXHIBIT I
DESCRIPTION OF BOUNDARIES OF SERVICE AREA
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Ocoan Reef Club, Inc. anH Anglers Club Property
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EXHIBIT ((
APPROVED RATE SCHEDULE
Ocean Reef Club, Inc.
FY 1994-95 Approved Ratea
Service. Curb aide Service
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Solid Waate $7.66 (2xl wk)
Recycling $2.00 (lx/wk)
Tire.CotIec,ion Rate $2.00 Per Tire
Reaidential Collection Ratea (per unit)
Commercial SoUd W_te, Commerctal Recyc1~ aad RoU..()ft' CoUectloa Rat.
Solid Waate Collection Rate $4.30 per cubic yard
Recycling Container Collection Rate $4.30 per cubic yard
Compactor Collection Rate (12 cubic yards or leas) $10.75 per cubic yard
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Compactor Collection Rate (greater than 12 cubic yards) $90.00 per pull
Roll-Off Collection Rate $9.00 per pul
CONTAINERS (NON-COMPACTING)
SIZE (cubic yard.) RATE w/out locking me\.;naniam
lYD $10.75
2YO $12.25
3YO $13.75
4YO )- $14.00
6YO $15.50
8YO $17.00
RECYCLING CONTAINERS
32 gal. $1.00
90 gal. $2.50
MOIITHLT COIITAlIIBR MAINTBIIAKCB "BES
Capacities in between these value. can be obtained by interpolation.
Capacities out.ide of these value. can be obtained by extrapolation.
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EXHIBIT III
DI8CLOSURE OJ' SERVICB RA TEa
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"Regulation By: ronroe County"
The term. and condition. or this commer~ Solid W...te Collection Service A&reementl
Roll-off Collection Service Agreement are regulated by a Collection Agreement granted by
Monr~oe 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 (305) 292-4432.
"COMMERCIAL COLLECTION CONTAINERS"
The Customer shall rent the Commercial Collection Container from the Franchisee at the
maintenance fee approved by the Board. If the customer chooses to use a Compactor.
the customer may rent, lease or own the C?mpactor from any source. provided that the
Compactor can be serviced by the Franc.,l].isee's collection equipment. Commercial
collection Containers and Compactors shJu be maintained in a service3..ble. safe. and
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sanitary condition by the owner. In the event of damage to a Container. the incident will
be investigated by the Contract Administrator including a determination of any
compensation due the affected party.
"SPECIAL SERVICES"
If a customer requests, the Franchisee may 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. However. such special services may
be provided by the customer. through its own or other personnel. If the Franchisee
provides special services, such charges must be separately stated under the "RATES FOR
SERVICES" Disclosure Statement. The maximum for these special service rates are fixed
by the Board. A copy of these rates can be obtained from the Franchisee or the Contract
Administrator.
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"RATES FOR SERVICE DISCLOSURE"
A RATES FOR SERVICES disclosure statement shall be completed and issued to each
Customer receiving Commercial Solid Waste Collection Service. Roll-Off Collection
Service, or Special Service.. Upon initial signing of a contract for these services. a copy
of this disclosure statement shall be provided to the Customer and to the Contract
Administrator. Any changes in level of service or cost of service shall require the issuance
of a new disclosure statement. If service is terminated for any reason, a copy of the
disclosure statement indicating the reason(s) and date of termination shall be submitted
to the Contract Administrator.
The "Rates For Services" disclosure statement shall have attached a rate schedule which
specifies the Collection Rate and the Disposal Rate based on size of container and
frequency of service; the Container Rental rate. expressed as a monthly flat fee based on
the size of the Container; and the cost per month for each Special Service required by the
customer.
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"RATE..... FOR SERVICES DISCLOSURE STATEMENT"
Franchise Name:
Customer Name:
Customer Address:
Customer Phone It:
Level of Service:
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Date of Agreement:
Service Date:
Begin:
End:
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Monthlv Cost
Cost of Collection of Solid Waste
Cost of Disposal of Solid Waste
Cost of Container Maintenance for Solid Waste
Itemized Charges for Special Services
Total
II
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. SHOULD YOU
HAVE ANY QUESTIONS RELATING TO THESE RATES. PLEASE CALL THE DIVISION OF
ENVIRONMENTAL MANAGEMENT. CUSTOMER SERVICE OFFICE AT (305) 292-4554.
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EXHIBIT IV
PAYIIElfT ADJUSTMENT
An annual adjustment shall be applied to the base residential and commercial collection
rates as shown in Exhibit II and as provided within this Agreement.
The "Refuse Rate Index (RRI)" adjustment shall be calculated in the following manner:
1) The Franchisee will submit an audited financial statement to the County no later
than one hUIldred twenty (120) days following the end of the calendar year. The
revenues and expenses of the Franchisee pursuant to the collection of solid waste
and recyclable materials generated within the Service Area for the previous
calendar year shall be prepared in the format as designated in Exhibit V.
2) The expenses ofthe Franchisee shall be broken down into one of the following five
cost component categories: Labor. Fuel, Vehicle Replacement, Maintenance, and
AIl Other. Each dost component category is assigned a weighted percentage factor
based on that cost component's percentage total of all cost component categories.
Note 1:
The "All Other" category includes the balance of revenue dollars to cover
normal overhead expenses. This portion will be adjusted by 75% of the
percentage change in the Index.
Overhead includes: All insurbce including general liability. fire. truck
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damage, extended coverage afid employee group medical and life; rent on
property, truck licenses and permits; real and personal property taxes;
telephone and other utilities; employee uniforms; safety equipment; general
yard repaits and maintenance expenses; customer billing expenses; office
supplies; postage; trade association dues and subscriptions; advertising;
employee retirement or profit sharing contributions; and miscellaneous
other expense.
3) The following indexes are used to calculate the adjustment for each cost
component catege,ry. The change in each index shall be calculated on a January
1 through December 31 basis for the previous year.
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COST COMPONENT
Labor INDEX
Establishment Data-Hours and Earnings: Sanitary Services (SIC 495)
Average Hourly Earnings
SOURCE
Employment and earnings (E&E). Published Monthly by Bureau of Labor
Statistics. (BLS)
Fuel
Vehicle
Replcmt.
Maint.
All Other
(Note 1)
INDEX
Consumer Price Index
Consumers, Gasoline
SOURCE
Monthly Labor Review
Statistics. (BLS)
(CPI) (Unadjusted) U.S. City Average, All Urban
(MLR).
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Published Monthly by Bureau of Labor
INDEX
Producer Price Index (PPI). Trucks over 5 tons GVW (Code 141106)
SOURCE
Producer Prices and PRICE Indexes, Published Monthly by Bureau of Labor
Statistics. (BLS)
INDEX
1/3 LABOR: Same as Labor above. Consumer Price Index (CPI)
(Unadjusted) U.S. City Average. All Urban Consumers.
SOURCE
Employment and Earnings (E&E)
2/3 PARTS: Maintenance and Repair
SOURCE
Monthly Labor Review (MLR)
INDEX
3/4 Consumer Price Index (CPI). U.S. City Average. (Unadjusted), All Urban
Consumers. All Items.,
SOURCE
Consumer Price Index Detailed Report. Published Monthly by Bureau of
Labor Statistics. (BLS)
If any of these indices become obsolete during the term of this contract. an alternative,
related index may be used, as agreed upon between the Franchisee and the County.
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. 4) The percentage weight for each cost component is multiplied by the change in each
appropriate index to calculate a weighted percentage change from January to
December for each coat component factor. The weighted percentage changes for
each cost compo~ent are added together to calculate the Refuse Rate Index (RRI),
as follows:
RRI Sam pie
Cost Weight Source % Weighted %
Component 1 Change Change
Labor 133% E&E SIC495 Avg 1.20% 0.40%
Hourly Earnings
Fuel and Oil 17% MLR-Oasoline -9.17% -0.64%
Vehicle 14% PPI-Trucks 3.74% o 52%
Replacement
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Maintenance Parts 113% 2/3 MLR Auto 3.21% 0.42%
& Equipment 1/3 Labor
All Other '* 33% CPI-AlI Items 1.84% O'~OI ~S.%
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Total 100% RRI-~\'
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-, t 7'19
0';; 3 (..
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. 1//73
'165'1
/. /5IN
/. /5%
At the end of the first year of this Agreement the adjustment shall be made solely on the
RRIj the second and sub~equent adjustments shall be the lesser of the actual increase
in the Franchisee's cost dr the RRI.
'~ J/;( ~v~ ..UlJ) ~~t''Jff tJafJA/. .' 6n2'
~t udkd ('~y:J&Jid;w!:l do W.dJ /M7~
{]tJ)l!/lI}?Jtf:?21: /kJ /2<J ~d ~~ulu ~k ,
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EXHIBIT V
AKlfUAL J'DfAKCIAL REPORTIlIO FORMAT
t ( .. ..
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The Franchisee shall submit to the Franchisor a certified comparative operating cost
statement prepared in accordance with senerally accepted accountinSstandard..
The Franchisee shall disclose as part of the Statement of Income and Expense all
methods of allocations used to distribute costs between commercial and residential
operations. The di~closure shall be in narrative form and include the baai. for the
allocation method. .
The Franchisee shall provide a description of the expenses classified as Other Operating
Costs and Other General and Administration.
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Any allocations made will need to be disclo:Jd in a narrative format. along with the basis
for those allocations. Additionally. it is understood that each Franchisee .hall utilize the
accrual basi. of accounting for income and expenses.
Attached is the required format for financial statement reporting in accordance with this
Franchise Agreement.
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Uevenuell:
(list by type)
Total Revenue
.Franchisee)
Statement ollllcome alld Expen.es
For (mollth, year) ellded (mollth, year)
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R.peD". aDel a.aual 6 Allmlal.t.ratlve Costa:
Empwy~'wa~ .
Employ~' inllurance-lI"Oup .
Employ~' miecellaneous eXJlen.e .
~lnployee.' payroll taxee .
I'Anployee.' uniform. and laundry .
~lnploy~' profit .harinc plan .
Depreciation-vehicle .
Fuel to .
Vehicle insurance .
Vehicle licenlle, tap and tax .
Depreci.tion-equipment .
ltepair plll'ts and maintenanco .
Shop .upplies .
'I'iree and tubes $
Depreciation-facilitiee .
Depreciation-office equipmont .
Depreciation-containera .
Accounting .
Bad Debtll .
~~~ .
....r.nchi.e feell-County .
In.urance-general .
I~l .
Other Operat.ing Colltll .
OfTlCe J.;xpenllo $
Profit IIharing plan adminil'ltration $
POlItqe and freilht $
Rent $
~ty $
Taxee and licenllOll $
Telephone $
lJtUUtiee .
Office IlIllariOll .
<>mce in8urance-!JI'Oup $
(>ftice payroll taxee .
Office uniforms and laundry $
Oftice profit .haring plan .
Adverti.ing .
Donationl!l $
DUell and lIubecriptionll $
Travel, entertainment and promotion $
Interellt .
Amorti7.ation .
Manapment Fee .
Other general and administration coetll $
Total operatingexpen.811 and tcneral and adtninil!ltra};t..fre cost.l!l .
Income before Provillion for In<>>me Taxes .
Provi.ion. for Income Taxes $
Net Income $
"The Aocompsnyilll Notes are an Intogral Part of thi" Statement"
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EXHIBIT VI
8PECIAL SBRVICES
Rolling Out Container (and returning $3.00
it to original location)
Back Door Service (Re8idential Negotiable
Curbside Only)*
Opening (and ~losing) Doors or Gates $1. 00
Locks for Containers $10.00 (one time)
Charge for Replacements baaed on
,. cost + 10%
Unlocking Containers $1.35
Supplying (and retrofitting) locking $60.00
mechanism on container**
Adding wheels to or changing wheels No Charge
on 1, 2, and 3 yard Containers only
Moving Container Location (if $30.00
feasible) Per Customer Request
Adding lids to or changing lids on No Charge
Containers
Set up and Return Fees $25.00
RATES DETERMINED BY THE FRANCHISOR
Rate Per Service
*
There will be no charge for those residents medically unable to bring solid waste
or recyclables to curbside as delineated in Section 4. Back Door service to all
other customers may be offered by the Franchisee.
Determination of necessity of locking mechanisms is based on customer
requirements.
**
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EXHIBIT VII
PERFORIIAlfCE BOND SLIDING SCALE
Gross Revenues (Minus Disposal
Fees paid to the Franchisor) Performance Bond Required
in Millions of Dollars ,
2.5 - Above $400,000
1.5 - 2.5 $300.000
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.5 - 1.5 $200.000
.0 - .5 $100.000
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
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MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Jack Hrad
retained or otherwise had act on his/its behalf any former County officI
warrants that he/it has not employee
County officer or employee in violation of Section 3 of Ordinance No.
or employee in violation of Section 2 of Ordinance No. 10-1990 or any
,
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10-1990. For breach or violation/of this provision the County may, in
in its discretion, deduct from the contract or purchase price, or
its discretion, terminate this contract without liability and may also,
gift, or consideration paid to the former employee.
otherwise recover, the full amount of any fee, commission, percentage,
(signature)
Date: LZtf r- (111
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to (or affirmed) before
me on Qqgvs r ~ 1~9~
Jack Hrad
(date) by
(name of affiant).
~Sheas personally known to~or has produced
as identification.
(type of identification)
OI'FICI^1. NOfAR S~^1.
H.FA~OR K STAI'UcS
.AWf !'UIII.lC STATE OF FlORIDA
N01.(. '}"UCjc,\
('():-"1"1I~.;S10N NO. C . ~...
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MY C< 'i\1 ;v\l',',ION J, .... ___.__
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JZ.e.,~~ ~~ ,.,a~.P-rtL./
NOTARY PUBLIC
/
ELEtiA.XJ.e. K. :5rn~L€"S
MCPI4 REV. 2/92
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AtITHORlZED TO ADMINISTER OATHS.
Monroe County
(prlal Dame or llle pubUc eDtllyl
1.
This sworn statement is submitted to
by
Jack Hrad
(prlDtIDdlvid..al', Dame aDd title]
Ocean ~eef Club, Inc.
(prlDt DIme or eDtUy ,..bmlUIDI ",om .tatemeDII
ror
whose business addreu is
31 Ocean Reef Drive Suite C-300
Key Largo, FL 33037
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and (if applicable) its Federal Employer Identification Number (FEIN) is
(If tbe eDtity bas no FEIN, iDelude tbe Social Security Number of tbe iDdividualsipinC tbis sworD
/'
statement:___ .)
2. I understand that a ffpublic entity crime" as defined in Paragrapb 287.133{I)(C). Florida Statutes. means a
violatioa of aay state or federal law by a person with respect to aDd directly related to tbe tr....ctiOD of basiaess
with any public entity or witb an agency or political subdivision of any otber state or of the Vnted States. iaeludiac.
but not limited to, any bid or contract for goods or services to be provided to aay public eatity or an aceacy or
polilical subdivision of any otber state or of the United States aad involving antitrust, fraud. tbeft., bribery,
collusion. racketeering. conspiracy. or material misrepresentation.
3. I understand thatffconvictedff or "conviction" as defined in Paragrapb 287.133{I)(b), Florida Statutes, meaas a
fiadiag of guilt or a conviction of a public entity crime. witb or witbout an adjudication of guilt, ia any Cederal or
state trial court of record relating to cbarges brought by indictmeDt or informatioa after July 1, 1989. as a result
oC a jury verdict. Donjury trial, or eDtry of a plea of guilty or nolo coateDdere.
4. I uDderstand tbat aD ffamliate" as defiDed ia Paragrapb 287.133(1)(a), Florida Statutes. meaas:
1. A predecessor or successor of a persoa convicted of a public eDtity crimej or
2. An entity under tbe control of any natural person who is active in tbe managemeDt of the eatity aDd wbo has
been cODvicted of a public eDtitycrime. The term "a!Jiliateff iacludes tboseoflicers, directors. executives, partners,
sharebolders, employees, members, and ageDts wbo ate active in tbe managemeDl of aD amliate. The owaersbip
by one person of sbares constituting a controlling interest in anotber person, or pooling of equipment or income
amonl persons wben not for fair market value under an arm's lenlth agreemeat, sb.U be a prima racie case that
one person controls anotber person. A person who knowingly enters iDto a joint venture with a persOD who bas
been convicted of a public entity crime in Florida during tbe preceding 36 montbs sball be cODsidered an affiliate.
5.
I understand tbat a "perso~" as defined in Paragrapb 287.133(1)(e), Florida Statutes. meaasaDY natural persOD
or entity organized uader ttie laws of any state or of tbe United States with tbe leeal power to eater into a bindiog
cODtract aDd wbich bids or ,pplles to bid on contraels for the provision ofgaods or services let by a public entity,
or wbicb otberwise traDSaelr or applies to transact busincss with a public entity. The term "persoo" includes those
officers, directors. executi eSt partners, sbareholders. employees, members. and agents who are active io
manalemeot of aD entity.
Co.
....~~..t un In'''..tnlo.lon .......... IM...(. ..... .t.t."I~"t ,,,,;...kh I ..... .......~
submitting this Swom su H~Ut. (Indicate which statement applies.)
'41."" I. l.r-ue la relation (0 the en&.j
.. ...
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----4- Neither the entity submittin2 this SWorn statement. nor any of its officers, directors, executives, partners,
shareholders. employees, members, or agents who are active in the managemeot of the eotity, nor any aftiJjate of
the entity bas been charged witb and convicted of a public entity crime subsequent to July 1. 1989.
-- The entity submUtine tbi. sworn statement, nor any of its officers, directors, exectutives, PArUlers,
SharehOlders, employees, members, or a2ents who are active in the management of the entity. Dor an aftiliate of
tbe entity has been cbarged with aDd convicted of a public entity crime subsequent to July 1. 1989.
- Tbe entity submitting this SWorn statement, or One or more of its officers. directors, executives, partners,
sbareholders, employees. members. or agents who are active in the management of the entity. or an affiliate of
the entity bas been charged with and convicted of a public entity crime subsequent to J~y 1. 1989. However. there
has been a subsequent proceedin2 before a Hearing Officer of the State of Florida, Divisioa of AdmiAistrative
Hearings and the Final Order entered by the Hearing Officer determined that it WAS DOt in the public interest to
place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order)
I UNDERST ANDTIIA TTIIE SUBMISSIONOFTIUS FORM TO THE CONTRACTlNGOFFlCERFORTHE PUBLIC
ENTITI:' IDENTIFIED ON PARAGRAPH 1 (ONE) ABOVE IS FOR TIIA T PUBLIC ENTITY ONL Y AND. TIIA T TIDS
FORM IS VALID THROUGH DECEMBER 31 OF TIlE CALENDAR YEAR IN WInCH IT IS FILED. I ALSO
UNDERSTAND TIIAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION287.017, FLORlDAST A TVTFS
FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMA nON CONTAINED IN TInS FORM.
w;f[)
// (signature)
Sworn to and subscribed before me this6'M day of AUGOST
Personally known
/
,19 9~.
~~~
OR Produced identification
NotID Public - State of ~O"t:f
C'OVNnf ~ Jf.tt:J Al. t::
My Commission expires ~ I q 1'?9 ~
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El..eA^-fJe K STAI'LES
(Printed typed or stamped
commissioned name of notary public)
(Type of identification)
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i HJ:I',:..;{;r'~f(~.';"!'il...'- 1
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( O.\f\f l::~;I()N f\J(). c.. ( . .':'0'/.:]
__~~~~.~I\;h~;,( Ii'J EX;'. ';;.:1'1' I" I'nt.
........-.-.----...-.-:---
rf
Form PUR 7068 (Rev. 06/11/92)