1st Amendment 06/14/2000
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BRANCH OFFICE
3117 OVERSEAS mGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MEMORANDUM
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WIDTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS mGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DA TE:
July 21, 2000
TO:
Clark Lake, Director
Solid Waste Management Division
ATTN:
Carol Cobb, Executive Assistant
Solid Waste Management Division
Pamela G. Hanco~
Deputy Clerk CY
FROM:
At the June 14, 2000, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an amendment to the Solid Waste Collection Franchise
Agreement between Monroe County and Ocean Reef Club, Inc. to allow disposal of C&D debris
at facilities other than the County transfer stations.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File ./
SOLID WASTE COLLECTION FRANCHISE AMENDMENT
THIS AMENDMENT is entered into on this the 14th day of June, 2000, by and
between Monroe County, a political subdivision of the State of Florida, whose address is
Public Service Building, 5100 College Road, Key West, FL 33040 (Franchisor) and OCEAN
REEF CLUB, INC., a Florida corporation whose address is 31 Ocean Reef Drive, Suite C-300,
Key Largo, FL 33037(Franchisee).
WHEREAS, in the franchise agreement between the parties dated July 20, 1994,
provided that the Franchisee has an exclusive franchise for, among other items, roll-off
collection service, i.e., collection of construction and demolition debris (C&D);
WHEREAS, the Franchisee is required under the Franchise Agreement to pay the
Franchisor a Solid Waste tipping fee for the disposal of the C&D and a three percent (3%)
franchise fee.
WHEREAS, other business entities have begun C&D collection and disposal
operations in Monroe County do not pay the County tipping fees or franchise fees with the
result that their C&D collection and disposal service is at a much lower charge than the
Franchisee's service;
WHEREAS, it is desired to allow the Franchisee to compete in the C&D
collection and disposal market on the same footing as its competitors; now, therefore,
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IN CONSIDERATION of the mutual promises and consideration se~fg~ ~o~ the
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parties agree as follows: ~~;: ~ d
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1. a) Section 3A of the July 20, 1994, Franchise Agreeme~~~m5d~ to
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A. Exclusive Franchise Granted. The Franchisee is herein granted an exclusive
franchise to providI Residential Solid Waste Collection Service, Commercial Solid
Waste Collection S rvice and Recycling Collection Service in the Service Area as
described in Exhibit II. The Franchisee is hereby authorized to provide C&D collection
and disposal service in the unincorporated area county-wide on a nonexclusive basis,
No other entity except the Franchisee may offer or provide Residential Solid Waste
Collection Service, Commercial Solid Waste Collection Service or Recycling Collection
Service in the Service Area, The Franchisor agrees to assist the Franchisee in taking
timely action against any entity violating the provisions of this Section.
The Franchisee shall be the exclusive agent to the Franchisor to provide Commercial
Recycling Collection Service in the Service Area. The Franchisee shall be responsible
for billing and collection of Commercial Recycling Collection Service that are not
being billed and collected by the Franchisor.
b) Section 6C of the July 20, 1994, Franchise Agreement is amended to
read:
C. Solid Waste Disposal and Recycling Processing Costs: 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 will be billed by the Franchisee and submitted on a monthly basis
to the Franchisor in a format prescribed by the Contract Administrator, This monthly
billing statement shall be due by noon on the tenth (10th) day of each month, or the
first business day thereafter, 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. All
C&D must be disposed of at a Solid Waste disposal facility permitted by the DEP and
operated in accordance with their regulations,
2. The Franchisee acknowledges that the Franchisor is in the process of
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establishing a revised Iic1nse/permit fee and/or gross receipts regulatory system for C&D.
The revised C&D regulatqry system will be adopted by ordinance and apply equally to all
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business entities engagirlg in C&D collection and disposal operations in unincorporated
Monroe County. Notwithstanding anything in the July 20, 1994 Franchise Agreement, the
renewal agreement of January 16, 1997 or this amendment, the Franchisee agrees to
comply with the new C&D ordinance and obtain the necessary permit or license required
under the ordinance, and pay the fees required by the ordinance, if the Franchisee desires
to continue providing C&D collection and disposal services after the ordinance's effective
date.
3. In all other respects the July 20, 1994 Franchise Agreement and the January
16, 1997 renewal agreement remain in full force and effect, Copies of those two
agreements are attached to this amendment and made a part of it.
TNESS WHEREOF, the parties hereto have set their hands and seals the day
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Cha person
(SEAL)
ATTEST:
By
Title
By
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