01/17/1978
RdhCllIS e
THIS AMENDMENT to the Franchise Agreement made in July of 1969 is made
and entered into this lflth day of January, A.D-.--1978, by--and -between the BOARD
OF COUNTY COMMITSSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
lithe County" or lithe Board II, and BLAND DISPOSAL SERVICE, INC.,
hereinafter referred to as lithe Collector" or lithe Franchisee" or lithe Contract~
WITNESSETH: I
THIS FRANCHISE is entered into in two DUPLICATE ORIGINALS.
WHEREAS, in July of 1969, the parties entered into a franchise agreemen
for the sole and exclusive right to provide garbage collection services within
the territory hereinafter gescribed, and whereas said franchise has not yet
expired, and .
WHEREAS, the County is desirous of having all of the garbage and trash
in the ~nincorporated limits of Monroe County, Florida regularly collected and
disposed of, and
WHEREAS the Collector is willing to handle such collection, .and
WHEREAS: the residents and taxpayers of Monroe County have been satisfi
with the services provided by said Franchisee, and
WHEREAS, said Franchisee has expended large sums of money in upgrading
collection eguipment pursuant to said Franchise, and
, - WHEREAs, the parties hereto desire\~o enter into an agreement setting
forth the terms and conditions of amendments to said franchises,
NOW THEREFORE, for and in consideration of the premises and of the mutu~
promises and undertakings h~reinafter set forth, the County and the Collector
do hereby each agree with the other as follows:
1. Description of Refuse Materials: For the purposes of this Agreemen1
the parties do agree that the refuse materials to be picked up and removed shal:
be as follows:
(a) "Solid Waste" means garbage, rubbish, I;:efuse, and other dis-
carded solid or semisolid materials resulting from domestic, industrial, commer-
cial, agricultural;.. and governmental operations, but does not include solids or
dissolved material in domestic sewag~.or other si~nificant pollutants in water
resources such as silt,.dissolved or suspended solids in industrial waste water
effluents, dissolved materials in irrigation return flows, or other cornman watel
pollutants. . .
(b) "Garbage" means waste resulting from the preparation, cooking
and serving of food; market" waste and waste from produce, including containers
or packaging originally used for foodstuffs. .
(c) "~ubbish" means solid wastes, excluding food waste and -ashes,
taken from residences, commercial establishments, and institutions.-.
(d) IIBundle II - means a- package containing .rubbish only, weighing not
over fifty (50) pounds and not exceeding four (4) feet in its longest dimension,
securely tied with ~ord or rope of sufficient strength to permit lifting and
carrying of the full weight thereof ~thout spillage or leakage. and placed for
collection immediately adjacent to a standard container.
(e) . Br ush, t~ee branche:;, tree roots, tree trunks -not to exceed 4'
in length, up to two cubic yards per ~onth..from each home: stones raked or dug
. from residential lots, debris from minor repairs performed by owner.
(f) Trash and garbage from commercial establishments. including
crates, cartons, tin cans, bottles, ashes Bnd all.other combustible or non-
combustible refuse inc~uding trimmings from maintaining. landscaping- other". than
contractor · 5 rubbish. - ..
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2. Employment: The Board does hereby contract \'~i_t.h tM, .Collecto
to collect and dispose of all-the garbage and trash which the Board
is obligated to collect, and does hereby grant to the Collector the
exclusive right to do so, for a per~od of lOyears commencing the
1st day of January 1978 and terminating the 1st day of January, 1988
within the following territory:
All that area of Stock Island West of the streets
marked in red on the attached map of Stock Island
North to Ramrod Key, Florida including all pf the
commercial accounts shown on the attached statement,.
In addition, the Col~ector shall have the sole
exclusive right to collect all future residential
and commercial accounts not so listed arising within
the territory as shown on the attached map, arising
in point of time after the execution of this franchise.
3. Option to Renew: The parties hereto may extend this
Agreement for a ten-year period by mutual consent in writing at
least 90 days prior to the expiration of the current contract.
Provided said Collector shall make no expenditure in reliance that
said Contract term4will be extended beyond its present term of
years.
4. Collections: Collections shall be made by the Collector
as follows:
a. All residential units shall be provided basic service
of twice weekly garbage collection and said collection of garbage
shall be unlimited providing said garbage is placed by the owner in
receptacles authorized by Section 15 of Monroe County Ordinance No.
10-1977. Other residential soli,d waste and trash collections shall
be limited to one-half (~) cubic yard per residential unit per week.
Residential discard of household white goods, furniture, furnishings
and equiprne~t shall be picked up upon call to the Collector within
ten (10) days of said call.
b. All commercial establishments shall be provided basic
garbage collection service by the Collector and shall be charged by
the Collector in accordance with the commercial rates established by
the Board.
c. The Collector shall use the utmost care in handling
containers to avoid damage and shall replace said containers in "an
erect position at the location from which the same is removed for
collection. The Board agrees to cooperate in requiring the inhabi-
tants to provide and maintain suitable containers. The Collector
agrees to clean up immediately, in a workmanlike manner, any refuse
spilled by it on parkways or streets.
d. The Collector sh~11' provide adequate labor forces to
insure satisfactory collection and disposal of garbage and trash under
all adverse conditions, or weather, and irrespective of breakdowns or
similar hindrances including but not limited to weight restrictions on
bridges, state laws pertaining to and governing the collection of
solid waste. .
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e. The collector shall make collections with as little
noise and as little disturbance as is reasonably possible, with
particular attention to this provision during the morning hours;
provided, however, no collections shall be made between the hours
of 11:00 P.M. and 5:00 A.M. local time in residential and motel areas.
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f. The Collector shall agree to complete collection in
accordance with the agreed upon schedule even if it is necessary to
use additional forces and equipment so as not to delay collection
in any other area of the County.
5. Equipment used in collection of refuse: The Collector
shall be responsible for providing all motor equipment necessary ,to
maintain the agreed upon schedule. This equipment sh.all be modern,
sanitary, motor-propelled collection units and said equipme~t sh~ll
be maintained in such a manner so as to give maximum service and
assure safe operation. Said equipment will not be permitted to
remain parked anywhere on the street when not in use. said equipment
shall be washed at least three times each week and sprayed with pine
oil or similar disinfectant and approved fly repellent.
6. Labor used in collection of refuse: The Collector shall
be responsible for providing all labor and supervision necessary to
maintain the agreed upon schedules, it being understood that the
Collector is an independent contractor, and -will provide for Wor.lanen' s
Compensation and other requirements of the Florida Industrial Commission.
7. Title to Waste: All refuse, upon being removed from the
premises where produced or accumulated, shall become and be the prop-
erty of the Collector. Title to the waste shall be retained by the
Collector only for the period the waste is in transit to a County
disposal facility whereupon, tb~ waste becomes the property of Monroe
County.
8. Complaints on collection of refuse: The Collector shall
maintain an office within his franchise territory for the receiving of
of complaints, in person or by telephone, during normal working hours
of each week.f
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9. compensation to the Collector: Compensation --for the collector for
:esidential and commercial collections shall be established annually in accor-
ance with the procedure set forth in Monroe county Ordinance No. 10-1977,
, ection 37. For the first year of this Agreement, to-wit: from January 1, 197f
. hrough December 31, 1978, the collector shall receive the sum of $4.00 per
:.lonth for each residential unit in his territory for which the Special Assessml
:'.evied in accordance with Ordinance No. 10-1977 has been made. commencing
'~bruary 10, 1978 and each consecutive month thereafter on the 10th day of each
:lonth, the Board shall furnish to the collector a copy of the Special AssessmeJ
-.011 of his territory showing each residential unit in his territory for which
le is obligated to serve. Said assessment roll shall be accompanied by a Coun1
\~arrant made payable to the collector in an amount equal to $4. 00 for each res:
dential assessment for the current mon~h's period.
For the first year of this Agreement, commencing on February 10, 1978
and thereafter on the lOth day of each consecutive month thereafter, the colle
shall furnish to the Board a list of all commercial accounts collected by him
the preceding month and the grosS amount of income-collected and shall pay un~
the County three (3) per cent of the gross incomes received from said commerc1
accounts in his territory. The three (3) per cent payable to .the County shall
be paid for the first year of this agreement on a ~rial basis ~nlY and the
percentage payable to the County for future years may be increased or decrease
dependinq on the decision o~ the Board pf co~nty cpmmissioners during the
canduct ~f rate hearings held pursuant to Ord~ance'No. lO-l977~
The Collector shall note which commercial accounts have not been paid
and.-the amount_o~ said.delinque~cy o~ing. For any commercial account delingue
for one (1) month, the Collector shall have the right to discontinue service 0
said account and he shall notify the Director of the Municipal Service Distric
of said discontinuance.
The Collector shall, on the month following' collection of any delinguE
account, include said information on his list furnished to the county and shal
pay the three (3) per cent owing to the Board.
b The._Collec1;.or shall use consecutivel
Y t?e Collector and the Collec~ sh 11 y numbered receipt books furnishe(
to h1m by u f . .a account for all ·
. se 0 sa1d receipt books' ". A r' commerc1al payments me
c1a1 accou~t making payment be the ~ame bece1Pt shall be issued to each commeJ
o~der. Sa1d receipt shall sbow the d t yfway of cash payment, check or mone~
o payment and shall indicate wheth a e.o payment, name of the account amOl
order _ The Collector shall. -make' ev:;y sa~~ payment was by check, cash or' mone~
accounts. e ort to collect delinquent commercial
. The amounts payable to the Colle .
dent1al accounts shall be paid on a . ctor :or assessme~t year 1978 for res
the Board may increase or decrease ~r1al ~as1s.only in. that in furture years
col1ec~or depending on the financ' ~ res1de~t1al G?mpe~sation payable to thl
for~at10n made known to the count~a~ 1~format10n, d~ta, statistics and cost i:
Ord1nance No. 10-1977. ur1ng rate bear1ngs held pursuant to
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10. Changes in Compensation to the Collector: The compen-
sation payable to the collector for the second and subsequent years
shall be determined in accordance with Section 37 of Monroe County
Ordinance No. 10-1977.
11. Responsibility to bill and collect for services:
(a) The billing and collecting of residential accounts
shall be the responsibility of the County.
(b) The billing and collecting of commercial accounts
shall be the responsibility of the Collector.
(c) The Collector shall maintain an office within his
territory for receiving the compensation for his commercial collection
services, both -in person and by mail.
(dt The County shall maintain all ordinances now on its
books and adopted for the purpose of assisting in the enforcement of,
the collection of service charges for both commercial and residential
accounts.
12. Compliance with authority: The collector agrees to
qomply\with all the ord~nances, statutes and regulations of Monroe
county'and the State of Florida at any time properly applicable to
the Collectorls operation under this Agreement.
13. Performance Bond: No performance bond shall be required
of the Collector for the first year of this contract. However, said
performance bond may thereafter be required by the Board if in the
discretion of the Board ~e same shall be mete and proper.
14. Insurance: The Collector shall carry the required
Workmen's Compensation Insurancei Public Liability Insurance in an
amount not less than $100,000.00 for injuries, including accidental
death, to any personi and, subject to the same limit for each person
in an amount of $300,000.00 on account of one accidenti Property
Damage Insurance in an amount not less than $10,000.00 for each
accident and $30,000.00 aggregate. The Collector, further, shall
keep and save. harmless the Board from and against any and all costs,
damages, claims or expenses it may suffer, incur or sustain or become
liable for on account of anyirijury to or death of the employees of
the Collector or to any other person. or damage to or injury to real
estate or personal property. caused by and arising out of the work
contracted for. and the Collector shall pay all bills of claims
for wages. salaries and supplies, purchased in the operation under
this Agreement or otherwise. The collector shall furnish. prior to
the commencement of operations under this Agreement, proper certifi-
cates of insurance as evidence that the above described insurance has
been issued and is in effect.
15. Disposal: TheCounty agrees to provide a site for a
disposal operation to receive from the collector its daily collection
of garbage and trash. There shall be no cost to the Collector for
disposal service.
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16. MISCELLANEOUS: provisions of this contrac~ shall be
interpreted to attain the objective that all reasonable quantities
and types of refuse placed for collection are collected.
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The Collector shall not enter. into any sub-contracts,
leases, agreements or assignment of or which in any way abrogate
its duties or responsibilities hereunder without prior written
approval of the County. However, said prohibition shall not apply
to the purchase or leasing of equipment, employees hiring or discharge,
office purchase or leasing.
It is agreed that in the event the Collector shall be
adjudged bankrupt, either by voluntary or involuntary proceedings,
then this contract shall immediately terminate. In no event shall
this contract be, or be treated as an asset of collector after
adjudication of bankruptcy. If Collector shall be pr~ven insolvent,
or fail in business, then this contract may be terminated at the
option of the County in which event, the County shall have the right
to immediately take possession, lease or purchase collector's opera-
ting equipment and records.
All terms and conditions of the contract are considered
material and failure to perform any of said conditions on the part
of the Collector shall be considered a breach of said contract.
Should Collector fail to perform any of said terms or conditions,
the County shall have the right to terminate the contract, only
after ten (IO) days notice in writing to the Collector of the
violation of the contract and the failure of the Collector to remedy.
the ~iolation within said tim~. '
In the event of termination of the contract for breach
or default by the Collector as above specified, the County shall have
the right to forthwith take possession of all trucks and,other equip-
ment of Collector for the purpose of collecting, hauling and disposing
of refuse which Collector has agreed to do. The County shall have
the right to retain possession of and operate all said trucks and
equipment until other suitable trucks and equipment can be purchased
or otherwise acquired by the County for such purpose, for a period
not to exceed six (6) months. The County shall pay to the Collector
an equitable monthly rental fee for each piece of the collector's
equipment in the county's possession. The County shall in case of
any such termination, have the right of purchase of collector's
equipment and trucks at the depreci9ted faiL market value thereof
should it el~ct to purchase. The County shall make an equitable
rebate to the Collector for services rendered prior to terminationr
if any be due.
17. AUDIT: The Collector's books shall be open to inspec-
tion or audit at any time at the County's request and expense and
said records shall at all times be maintained in an office situated in
Monroe County. A complete yearly audit shall be provided by the
collector to the County and shall be provided no later than the 1st
day of April of each year at the Collector's expense. Tile fir~t audit
shall be provided by April I, 1979 and shall be prepared by a Certified
Public Accountant licensed by the State of Florida. s3id audit shall
be prepared in accordance with the re~uir.em~~~s .es~ablished by the cler)
of the Board of County Co~issioners as~approvea Dy_theAuditor. General
of the state of Florida with appropriate consultation from the franchise
collector. provided,however,the Clerk shall not require any audit procedure
more comprehensive ~r costly than the AQditor G. eneral shall require~ h
A monthlY stat~ment .shall be provided to the county DY t e .
Collector showing the gross receipts collected by the collector for
the preceding month's commercial collections. (also see "Section 9 of
this Agreement) Said monthly statements shall be prepared in accor-
dance with a format mutually agreed upon by the Collector and the,Clerk
of the Board of County COIT~issioners and said st~tement shall be accom-
panied by the collector's check made paya~le to the county in an amount
representing three (3%) per cent of said gross receipts no later than
the 10th day of each month beginning February 10, 1978.
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18. SERVICE. The Collector agrees that he will, upon
written 0 request from the Director of the Municipal Servic
District, Hdiscontinue-col-l.ectiono4ierviceo,to ~anyresidentia1 and/or
.commercial.account be the same located within the unincorporated
limits of Monroe County or within the corporate l~its of any
municipality. The Collector agrees that should said account be
serviced after such notification, that said action will constitute
a breach of this Agreement warranting termination of same in
accordance with Section 16 hereof.
IN WITNESS WHEREOF, the Collector has caused these
presents to be signed by its proper officers and its seal to be
hereto affixed and the County has caused these presents to be
signed by its Mayor and Chairman and attested by 'its Clerk and
its corporate seal to be hereto affixed, all as of the day and
year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Z
BYt/ . .~...~/L~
Mayor/Chairman
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l\.ttest: \~
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l-.- rC /Jc~ ,//
erk to the.Board
BLAND DISPOSAL SERVICE, INC.
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BY: ~ ,.- ./
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Attest:
-,t.' ~ L) /)/?~ #
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I EtRffiY CERTIfY that this do~u.men\ has
heen re-viewed for legal SUffICient! znd
t t nd t.'1at the same meets vr....'- r.;y
con en a ..,;-.-,- _ _ ~ 9-:t fI~
apll:'Gval ~ D ' P -Y...
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BLAND DISPOSAL SERVICE, INC.
C.OMMERC TAL ACCOUNTS:
F llJl.Ohlo EYLteApIUA e.6
Lagh Ardo Pai.n:t 6 Body
little fJereral store of J. ev "i'.'est
lnis Pa.int, &: ~aragE' Shop ·
~:ar~es Trailer Park'
M~ WLip ConVw.ctlon
JU.ng FiAh Co.
MoWuJe. BotU.
MoJr.ga.n. SfvUmp
O.lt Island 5p.aroo~ Distributors Corp
P;1..ul' 5 F2!'1i1~r Restaura!lt
Pep6i Coli!
~ick !Art '6
~ivjpr~ EO"1les
"qoy' 5 Aut,o Parts
S. Ponc.e PILe ClL6Jt stone.6
s. 1. Lobh~~ Co.
S & P ~terpr15es
Sarris !.!arine Station
Singleton Shri~p- Co.
Sireo, Ine.
A~ando 5058'5 Grocerv
stu's :?ar ...
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Sunny Isle Trailer Park
The ].~ster Angler
TO:r1 Th'tL'1lb Gr\ocery
'1\:'0 :Friends Fish Co.
~7aters' Ed[e Color:v '.
l,,'heels At Rest Tr;ller Park (
Woodhy Nile/) Boat: yaJull
A~gler' 5 !~2rineJ Inc.
~qua Ea~e5ters Corp.
3~hren's Rea~ty, Co.
~n1ix V~nding Co.
5lue ~.nchor P<,_r & Re~t..
.~ 1 'fuat ~"?G, Tnc.
?OC;! Clrica 3ar_
Cl1J1.lLh MaJLine- Ue~.
CoJUIL ~J0ImP
.....illi~~ !:W3an5 D'!!'
De~a~co Tile ~is~;ibutor
'T)..l~t~T' s rte~'taurart
~ul~ f+12~tjc ~p~t~ic
Hank'~ Awning, Ine.
-- ::ar:,or Shores, Inc.
::~rvellet s !-~obile 3?ve~
~a.van~ Sandv""icb Shop _
~o~sie'5 Standard Statio~
!~l~n~eT ~ive I~t_Inc.
l~land Paint & Body;
r ey Tex Shrimp
Key 1.!est Baptist Te:npJ.e, Inc.
Key l.rest ~.Jelding &. Fa.b~ication
Ki~g Shrj~p Co. Inc.
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