HomeMy WebLinkAbout11/16/1984
FRANCHISE AGREEMENT
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THIS FRANCHISE AGREEMENT is made and entered into this
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16th day of November, 1984, by and between the Board of County
Commissioners of the Monroe County Municipal Service District,
hereinafter referred to as the 'Board' or 'MSD' and
Bland Disposal Service, Inc. , hereinafter referred to as the
'Franchisee' or the 'Collector' or the 'Contractor';
WITNESSETH:
This Fran~hise Agreement is entered into in two duplicate
originals.
WHEREAS, the Board is desiroua of having all solid waste
in the unincorporated limits of Monroe County, and in those Huni-
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cipalities which, by Ordinance, have joined the Municipal Service
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District J regularly collected and properly disposed of; .and
WHEREAS, the Collector is willing to handle such collec-
tion; and
WHEREAS, the parties hereto desire to enter into an
agreement setting forth the terms and conditions of said fran-
chise;
NOl.J, THEREFORE, for and in consid.eration of the premi-
ses artd undertakings herein set forth, the Board of County Com-
missioners of the Monroe County Municipal Service District and
the Collector each agree with the other as follows:
1. Definit'ions:
"Bundle" means a package o.f solid waste, excluding
garbage, weighing not more than fifty (50) pounds and not ex-
ceeding four (4} feet in its longest dimension, securely tied
with cord or rope of sufficient strength to permit lifting and,
carrying of the full weight thereof without spillage or leakage
and placed for collection immediately adjacent to a standard
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container.
"Garbage" means all kitchen and table food waste, ani_mal
or vegetative waste that is atteridant~with'or results from
the storage, preparation, cooking or handling of food r:laterials.
"Solid Waste" means garbage, rubbish, refuse, yard trash or
other solids or ~emi-solid material" resulting from don!estic,
connnercial, industrial, agricul tural and government operatiorlS,
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but does not include solids or dissolved material in domestic
sewage effluent or other significant pollutants in resources
such as silt, dissolved materials from irrigation return flows,
or other common water pollutants.
.- "Trash" means combination of yard trash along with other
debris, such as paper, cardboard, cloth, gl~ss, and other like
matter.
"Yard Trash" means vegetative matter resulting from land-
scaping maintenance and includes materials such as tree and
shrub ~trinnnings, grass clippings, palm ~ronds, tree stumps,
tree limbs, etc.
2. Grant of Franchise:
The Board does hereby contr'act with the I Collector to
collect all of the solid waste which the Board is obligated
to collect and to transport the solid waste to an authorized
disposal facility, and the Board does hereby grant to the
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Collector the right to do so for a period of five (5) years
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commencing on the 1st day of January, 1985, and terminating
on the 31st day of December, 1989, within the following territory:
From "City Limits of Key 'West North to R;:rmrod Key;
Excluding thos'e .. ....... "
accounts assigned. to. Fjor-id;:r Disposal Company
3. Extension of Agreement' not Guaranteed:
The Collector shall make no expenditure in reliance that
this Contract will be extended beyond it's present term of years.
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4. Collection of Solid Waste:
,
Collection shall be made by the Collector as follows:
a. All residential units shall be provided basic ser-
vice of twice weekly pick up of garbage and said collection
,
shall be unlimited. providing that said garbage is placed in
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containers authorized in Chapter 8, Monroe County Code. Other
residential solid waste shall be limited to one-half (1/2)
cubic yard per residential unit per week. Residential dis-
carded household white goods, furniture, and equipment shall
be picked up upon call'within five (5) working days of such
call.
b. All commercial and industrial establishments shall
be provided basic solid waste collection service by the
Collector on an as-needed basis.
c. The Collector shall use the utmost care in handling
containers to avoid damage and shall replace said containers
in a erect positiqn at the location from which the same is
removed for collection. The Collector agrees to clean up
immediately, in a workman-like manner, any waste spilled by
it during the collection process.
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d. The Collector shall provide adequate equipment and
labor forces to insure satisfactory collection of solid waste
and its delivery to an authorized disposal facility under
adverse conditions or weather, and irrespective of breakdowns
or similar hindrances.
"e. The Collector shall make collections with as little
noise and as little disturbance as is possible, with parti-
cular attention to this provision during the morning hours;
provided, however, that no collections shall b~ made between
the hours of 11:00 p.m. and 5:00 a.m. J local time, in
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residential and motel or hotel areas,
f. The Collector shall agree to complete collection
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in accordance with an agree upon schedule, even if it is
necessary to use additional forces and equipITlent so as to
not delay collection in any other areas within 'his territory.
5. Equipment used in Collection of Solid Waste:
The Collector shall be responsible for providing all
equipment necessary to maintain the agreed upon schedule. The
equipment shall be modern, sanitary, motor propelled collection __
units, and said equipment shall be maintained in such a manner
as to give maximum service and assure safe operation. Said
1" equipment shall not be permitted to remain parked any-t./here on
a street or right-of-way when not in use. Said equipment shall
be washed daily after use and sprayed with a disinfectant and
an approved fly repellant.
6. Labor used in Collection:
The Collector shall be responsible for providing all
labor and supervision necessary tQmaintain -the agreed upon
schedu~e, it being understood that the Collector is an indepen-
dant contractor and will provide for Workmen's Compensation and
other requirements of Florida Law.
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7. Tit'Ie to' Waste:
All solid waste, upon being removed by the Contractor
,
from the premises where produced or accumulated, shall become,
and be, the property of th~ Collector. Title to the waste shall
be retained by the Collector only for the period of time that the
wast~_is in transit to' an authorized disposal facility, whereupon
the waste becomes the property of the Municipal Service District.
8. Gol'lector t.g. Office:
The Collector shall maintain an office within his
franchise area for the receiving of complaints during normal
working hours.
9. Compensation to the Collector:
Compensation for residential collections shall be es-
tablished annually' in accordance \:lith the pr,ocedures set forth
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in Chapter 8, Monroe County Code.
For the first year of this Agreement, to-wit, JanuaY~~ :,
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1985, through December 31, 1985, the Collector shall recei Vt :- ~~~
sum of six dollars ($6.00) per month for each residential UTli~.
in his territory for which an assessment has been levied. CD";1'-
mencing in February, 1985, and each consecutive month thereaFr.-e:-,
on the tenth day of the month, or as soon thereafter as possit.le,
the District shall furnish to the Collector a copy of the aSSESS-
rnent roll of his territory, showing each residential unit in his
territory for which he is obligat~d to serve. Said assessment
roll shall be accompanied by a warrant made payable to the Col-
lector in an amount equal to six "."dollars ($6.00) for each resi- i.,I;'
dential assessment for the past month.
10. Compensation to the District:
Commencing on February 10, 1985 and on the 10th day of
each consecutive month "'thereafter, the Collector shall furnish
to the Board a list of all commercial accounts collected by him
tne preceding month and the gross amount of income collected and
shall pay unto the County fifteen (15%) p~rcent of the gross
incomes received from said commercial accounts in his territory.
The commercial percentage payable to the County for future years.
may be increased or decreased depending on the decision of the
,
Boa~d of County Commissioners during the conduct of rate hearings
held pursuant to Chapter 8, Monroe County Code.
The Collector shall note which commercial accounts have
not been paid and the amount of said delinquency owing. For any
commercial account delinquent for one (1) 'month, the Collector
shall notify the Manager of the Municipal Service District of
said delinquency.
The Collector shall, on the month follwoing collection
of any delinquent account, include said information on his list
furnished to the County and shall pay the fifteen (15%) percent
~,.' owing to the Board.
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The Collector shall use consecutively numbered receir:
books furnished by the Collector and the Collector shall acco'--~nt
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for all co~ercial paymel1ts ,t,Q l1irn by luse of SC1ld receipt be :-:s.
A receipt shall be issued to each commercial account m31\inf~' ~ay-
ment be the same by way of cash pa)Tment, cf1ecY: or mc)ney ()rrlC':-.
Said receipt shall show the date of paymen t, l1ame 0 f the c1 C C =~ un ti,~~.
amount of payment and shall indicate whether said paynlellt \\~;:s
by check, cash or money order. The Collector shall make eve~y
effort to collect delinquent commercial aCCO'iJr1ts.
11. Changes in Compensation:
Changes in compensation shall be in accordance with
Chapter 8, Monroe County Code.
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12. Responsibility to Bill and Collect for Services:
a. The billing and collecting for residential service
shall be the responsibility of the Municipal Service District.
b. The billing and collection 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 service, both in person and/or by mail.
d. 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
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commercial and residential accounts.
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13. Compliance with Authority:
The Collector agrees to comply with all ordinances
statutes and regulation of Monroe County and the State of Flor-
ida properly applicable to the Collector's operation under this
Agreement.
14. Performance Bond:
I No performance bond shall be required of the Collector
at this time. However, said performance bond may hereafter be
required by the Board if, in its discretion, the same S11311 ,be
deemed necessary.
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15. I11surance:
The Collector shall carry the required Workmen's Cc~-
pensation Insurance; Public Liability Insurance in an amoun~
not less than $100,000.00 for injuries, ~ncluding accidental
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death, to any person; and) subj ec t to the same 1 irni t for ea ell
person in an amount of $300,000.00 on account of one accident;
Property Damage Insurance in an amount no 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 any injury
to, or deathl of, the employees of the Collector or to any other
person, or damage to or injury to real estate or personal prop-
erty, 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 comrnence-
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ment of operations under this Agreement, proper certificates of
insurance as evidence that the above-described insurance has been
issued and is in effect.
16. Disposal Facility:
The Municipal Service District agrees to provide and -..,~.
operate a solid waste disposal facility for the solid waste
received from the Collector.
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17. Accounting Method:
The Contractor agrees to be on the Accrual Basis of
accounting, and to maintain the records as shown in Appendix
"A" of this Agreement.
18. Miscellaneous:
frovisions of this Agreement s?all be interpreted to
attain the objective that all reasonable quantities and types
of refuse placed for collection .are collected.
The.Collector shall not enter into any sub-contracts,
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leases, agreements or assignment of or which in any way abrogate
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its duties or responsibilities hereunder without prior writr~~
,approval of the County, liowever, said prohibition shall not
apply to the purchase or leasing of equipment, errlployee hiri~~
or discharge" office purchase or leasing.
It is agreed that, in the event the Collector shall be
adjudged bankrupt, either by voluntary or involuntary pro-
ce~ding, then this contract shall immediately terminate. In
no event shall this contract be, or be treated as, an asset cr
Collector after adjudication of bankruptcy. If Collector shGll
be proven 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 operating equipment and recorGs.
All terms and conditions of the contract are considered
material, and failure to perform any of said conditions on the
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part of the Collector shall be considered a breach of said con-
tract. Should Collector fail to perform any of said terms or
conditions, the County shall have the right to terminate the
contract, only after ten (10) days notice, in writirig, to the
Collector of the violation of the contract and the failure of
the Collector to remedy the violation within said time.
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 equipment of Collector for.the purpose of collecting,
hauling and disposing of refuse which Collector has agreed to
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do. The County shall have the right to retain possession of
and to operate all said trucks and equipment until other suit-
able trucks and equipment can be purchased or otherwise acquired
by the County for such purpose, for a period not to exceed six
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(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
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such terminat~on, have the right of purchase of Collector's
equipment and trucks at the depreciated fair market value thereof
should it elect to so purchase. The County shall make an equit-
able rebate to the Collector for services rendered prior to
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termination, if any be due.
19. Audit:
The Collector's books shall be open to inspection O~
audit at any time at the District's request and expense. The
District will hire a Certified Public Accountant to make an
annual audit of th~ Collector's records. This audit is to be
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completed by April 1 during each year of this Agreement.
20. Service:
The Collector agrees that he will upon written request
from the Manager of the Municipal Service District" discontinue
collection service to any residential and/or commercial account
be the same located within the unincorporated limits of Monroe
County or within the corporate limits of any municipality. The
Collector agrees that, should said account be serviced after
such notification, said action will constitute a breach of this
Agreement warranting termination of same in accordance with
Section 18 hereof.
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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 Mayq~ and Chairman and attested by its Clerk
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APPROVED AS TO 7~~JJ
AM ~L S~FFIC/~
BY )1tt-'''0/$ Office ~
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUN~LORIDA
By
t
Attest:
BLAND DISPOSAL SERVICE, INC.
By
.' -/ ~/' /./ . /~ <7 /)
~..y ~/'-7--e--k/_"
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Attest:
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BALNJCE SHEET
CO:11' .;::-;y :
YE.A....~ E:ill I~; G:
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ASSETS
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ClTR!(S:--JT .-\SSETS
Cash in Bank
1
Certificate of Deposit
Loans Receivable - Stockholder (Sch. I)
1
Loans Receivable - Miscellaneous
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Prepaid Federal Income Taxes
Prepaid Insurance
Prepaid-State-income Taxes
- .-----..-...-
Other Current Assets
Total Current Assets
1
l
PROPERTY .~~ EOUIPMENT
Automobiles and Trucks
l
Building and Land
Commercial Containers
l
?fuchines,Equip.& Tools
Office Furn.,Fi~.Equip.
Less: Accumulated Depreciation
NET PROPERTY & EQUIPMENT
OTHER ASSETS
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Equipment Deposit
Performance Bond Deposit
Utility Deposit
Other Assets
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TOTAL OTHER ASSETS
TOTAL ASSETS
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APPENDIX r 'A' I
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BAL.-1.:;CE SEEET
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..0\5 0 F :
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LIABILITIES ..~m STOCKHOLDERS' EQrITY
CL::RE~':T LI...\BILITI::S
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Accrued Inco~e Taxes
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Accrued Payroll Taxes
Notes Payable - Portion Due
~.jithin One Year
Other Current Liabilities
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TOTAL CURRE~T LIABILITIES
I
LONG-TE~f LI.ABILITIES . .....--.._._...____
Installoent Loans Payable~
Portion Due After One Year
l
TOTAL LONG-TEID-! LIABILITIES
TOTAL LIABILITIES
L
STOCKHOLDERS' EQUITY
Common Stock*
...- .u___.. Retained Earnings Balance,
January 1,
Add: Net Income/Loss
Balance, December 31,
Treasury Stock
TOTAL STOCKHOLDERS' EQUITY
TOTAL LIABILITIES & STOCKHOLDERS' EQUITY
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* Include cost per share and outstanding stock.
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DISC?.~TIO:.:.~:)~Y :'~\.:;.~GE:':E::T CCS7S - SC:~L~rLE: ....
CO;2 .~~i:
-: E :~:: ::: : ~ J I : : G :
LIST E:;'CH COST
ACCi. :~*
!) e 5" C :-: :: t :. (' ~ ::.:: d ~ :'::J 12 n 2. t :. ::' n
:~..;~o~n :
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*Discretionary Management Accounts:
901 - Advertising & Promotion
902 Donatiuns
903 Dues & Subscriptions
904 Entertainment
905 Penalties (T3xes)
906 Trav21, Seminar/Tr~ining
TOTAL
$
RENTED PROPERTY FROM OWNERS
SCHEDULE F
CO}1PANY:
YEAR ENDING:
A. For property (land, buildings, vehicles or other property) that
is rented/leased to the company and owned by individuals and/or
other entities that also have ownership in the stated franchise
company, complete the following:
Name of Ovmer
Description of Property Leased/Rented
Annual
Rent