12/15/1987 Agreement
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FRAl'JCHISE AGREEi.lEN1'
THIS FRANCHISE AGREEMENT is made and entered into this
15th day of
December
, 1987, by and between the Board of
County Commissioners of the Monroe County }1unicipal Service
District, hereinafter referred to as the 'Board' or 'MSD' and
Bland I>isposal Service. rnc.
, hereinafter referred to as
the 'Franchisee' or the 'Collector' or the 'Contractor';
WITNESSETH:
This Franchise Agreement is entered into in two duplicate
origi~als.
WHEREAS, the Board is desirous of having all solid waste in
the unirlcorporated limits of Monroe County, and in those Muni-
cipalities which, by Ordinance, have joined the Municipal Service
District, regularly collected and properly disposed of; and
WH]~REAS, . the parties hereto desire to enter into an
agreemel1t setting forth the tenns and conditions of said fran-
chise;
NO~J, THEREFORE, for and in consideration of the premises
and undE~rtakings herein set forth, the Board of County Commissioners
of the ~1onroe County Municipal Service District and the Collector
each agree-with the other as follows:
1. Defj~nitions:
a. "Bundle" means' a package of solid ~vaste, excluding garbage,
weighint~ not more than fifty (50) .pounds and not exceeding four
(4) feet: in its longest dimension, securely tied with cord or rope
,>
of suffi~cient strength to permit lifting and carrying of the full
weight thereof without spillage or leakage and placed for collection
innnediately adjacent to a standard container.
b. "Commercial collection service" shall mean all non-
residential, commercial, and industrial establishments.
c. "Container" shall mean and include any detachable metal
container designed or intended to be mechanically dumped into a
loader/packer type of garbage truck used by the Contractor.
(1)
d. "Disposal facility" shall me,ln an allthorized facilit~l,
oneratecl bv the i'ISD, at \~Jhich o.is110S-3.1 (If s'11id '~aste occurs.
e. "Garbage" means all lcitchen ,:1nd table food. \~7aste, animal
or vegetative waste that is attendant with or results from the
storage, preparation, cooking or handling of food materials.
f. "Garbage can" shall mean and inclurle any light gauge
steel, plastic, or galvanized receptacle, closed at one end anrl
open at the other, furnished with a top or lid 2nd two (2) hAndles
and of not lTIOre than thirty-five (35) gallons capacity.
g. "H.azardous \Vaste' shall mean materials or combinations of
materials " wlhich req.uire special managero.ent techniques because of
their acute or chronic effect on air and waste oualitv, on fish,
wildlife, or other. biota, and on the health and welfare of the
public. These materials may include, but are not limited to,
volatile, chemical, biological, ex?losive, flammable, radio-active,
and toxic materials.
h. "H()rticultural trash" shall m.ean a solid v.Taste that is an
accumulation of lavm, grass, or shrubbery cuttings or clippings and
dry leaf ralcings, palm fronds, sID.all tree branches (~vhic}1_ shall not
exceed four (4) feet in length and four (4) inches in diameter), bushes
or shrubs, green leaf cuttings, fruits, or other matter uSllallv created
as refuse irl the care of lawns and vards, except large branches, .trees,
or bulky or non-containerized material not susceptible to normaI loadin~
and collection in loader packer type sanitation eql1iprnent used for regu-
lar collections from domestic households (limbs'from tree tri~roings
shall not exceed four (4) feet in length and four (4) inches in diameter,
and shall bE~ place~ at the roadside for pick 110).
i. .~ "Irldustrial \Vaste" shall mean any solid. 'V>7aste 8.ccumulation of
metal, metal products, minerals, chemicals, rock, cement, asphalt, tar,
oil, grease, glass, crockery, rubber,. tires, bottles, cans, lumber, saw-
dust, waste from animal packing or slaughterhouses, or other ~aterials
usually created by an industrial enterprise.
j · "IrLfectious waste" shall mean those \4lastes ~\lhich m,qv C.8.l1Se
disease or may reasonablv be suspected of hRrhoring Datho~enic
organisms. Included are wastes reSlllting from the operation of
medical clinics, hospitals, and other facilities nroducing wastes
which may consist of, but are not limited to, clisertseo human rtnd
animal parts, contaminated bandages, pathological sne~imenst
(2)
.hypodermic needles, contaminated clothing, clnd sllr,gical \! Loves.
k. "l'1ulti-familv dwellinq unit" shrIll mean and incltlde tlnv
building or structure containing two (2) or ~ore dwelling units
under one Jroo f .
1. "I~ecycling" shall mean the reuse of solid \Vaste in manu-
facturing, agriculture, power ~roduction, or other processes.
m. "I~efuse" shall mean both rubbish and garbage or a com-
bination 01~ mixture of rubbish and garbage.
n. "Itesidential collection service" shall rnean and includes
service of single family d'tvellings) duplexes, apartments. condominiums,
mobile homE~s.
o . "Flubbish" shall mean \Vas te ma terial other than garbage, ~,.7hich
material is usually attendant to domestic households or housekeeping,
and the prE~mises upon which said household is located, and shall include,
but not liulited to, paper, sweenings, dust, rags, bottles, cans, or other
waste material of any kind.
p. "Solid waste" means garbage, rubbish, refuse, ~ard trash or
other solid. or semi-solid material resulting from domestic, commercial,
industrial, agricultural and government operations, 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 co~mon water pollutants.
q. "Special was te" shall mean thos e ~'17as tes that require extra-
ordinary manag~ment. They include, but are not limited to, abandoned
automobiles, used tires, waste oil, sludges, dead animals, agricultural
and industrial waste, septic tank pumpings, and infectious and hazardous
wastes.
r. "White goods and furniture" shall mean inonerative and (lis-
carded refrigerators, ranges, washers, water heaters, and other similar
domestic ap.pliances and household furniture.
2. Grant of Franchise:
The Board does hereby contract with the Collector to collect all
of the solid waste which the Board is obligated to collect and to
t~ansport the solid waste to an authorized disposal facility, and the
Board does hereby grant to the Collector the ri~ht to do so for a
period of five (5) years commencing on tl1~e 1 s t rt3.V of .J anuarv, 19 8R ,
and terminat ing on the 3ls t day 0 f DecePlber, 1992, \vi thin the fa 11ol'Jing
territory:
(3)
City limits of Key West North to Ramrod; PX('111l"iine rh()s~ aCC011nts
assigIled to Florida Disposal Company
(4)
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 equipment shall not be permitted to remain parked
anywhere 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 to maintain the agreed upon schedule, it being
understood that the Collector is an independent contractor and will
provide for Workmen's Compensation and other requirements of Florida Law.
7. Title tiD Waste.:
All solid waste, upon being removed by the Contractor from the premises
where produced or accumulated, shall become, and be, the property of the
Collector. Title to the waste shall be retained by the Collector only.for
the period ()f time that the waste is in transit to an authorized disposal
facility, w:hereupon the waste becomes the property of the Municipal Service
District.
8. Collector's Office:
The Collector shall maintain an office within his franchise area for
receiving o~E complaints during normal working hours.
9. Compensation to the Collector:
Compensation for residential collections shall be established annually
in accordanee with the procedures set forth in Chapter 8, Monroe County
Code.
For thE~ first year of this Agreement, to-wit, January 1, 1988 through
December 31, 1988, the Collector shall receive the sum of $ 7 .00
per month f()r each residential unit in his territory for which an assess.ment
has been le",ied.
10. Compensation to the Municipal Service District:
Connneneing on February 10, 1988 and continuing through April 10, 1988,
the Collector shall furnish to the Board a list of all commercial accounts
collected by him the preceding month and the gross amount income collected
and shall pclY unto the Board 30.0 percent of the gross incomes received
from said cc>rnmercial accounts in his territory.
From AJ:>ril 1, 1988 through December 31, 1988 the collector shall pay
a tipping fE~e of $ 7.50 per ton for all solid wast~ delivered to the
(5 )
disposal facility. The tipping fee may be increased or decreased by the
Board.
11. Changes in Compensation:
No latE~r than October 1, 1988, the residential unit price may be
adjusted to conform with any increase or decrease in the United States
Department ()f Labor, Bureau of Statistics, Washington, D. C., Consumer
Price Index for Urban Wage Earners and Clerical Workers - All Items _
(1967 = 100) for the Miami area. The percentage increase or decrease
in the unit price shall be computed as follows:
The net: change will be the percent difference between the labor
index of Dec~ember 1986, and the index published for December 1987.
The r'ate adj ustment shall be effect i ve January, 1989, un1es s otherwise
determined t~y the County. The County expres'sly reserves the right to
approve or clisapprove the request for an adj ustment. The COtmty' s decision
shall be fitla1 and conclusive and shall create no right in the agreement
for adjustme~nts refused for any reason by the County. It is the intent of
this section. to provide the me-thod whereby the residential unit price can
be adjusted, if approved by the County.
Movemen.t in the inde'xes from one month to another are usually expressed
as percent c.hanges rather than changes in index points' because index point
changes are affected by the level of the index in relation to its base
period, while percent changes are not. The example* below illustrates the
computation of index point and percent changes:
Review Date: June, 1988
Current Year: December 1987 labor index
172.8
163.7
9.1
Previous Year; December 1986 labor index
Index Point Difference
Percent Increase (1987) = 100 x (Point Difference) 5.6
(Previous Year Index)
Perc~nt Limitation: 7 Percent
7.0
5.6
Adjustment Percentage Allowed:
*A1l figures are hypothetical and are'mere1y intended to serve an an
illustration of the methodology to be employed in adjusting the unit
price.
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 th~~ compensation for his commercial collection service, both
( 6)
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 commercial and residential accounts.
13. Compliance with Authority:
The Collector agrees to comply with all ordinances statutes and
regulations of Monroe County and the State of Florida properly applicable
to the Coll,ector' s operation under this Agreement.
14. PerforJnance Bond:
No per,formance bond shall be required of the Collector at this time.
However, said perfonnance bond may hereafter be re~quire'dby the Board'
if, in its (:liscretion, the same shall be deemed necessary.
15 . Insural1ce:
The Collector.shall carry the required Workmen's Compensation
Insurance; ]?ublic Liability Insurance in an amonnt not less than
$100,000.00 for injuries, including accidental death, to any person; and,
subject to the s-ame limit for each person in an amount of $300,000.00 on
account of ()ny acci'dent; Property Damage Insurance in an am01IDt no less
than $10,000.00 for each accident and $30,000.00 aggregate. The Collector,
further, shelll keep and s-ave 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 death of, th.e employees
of the CollE~ctor or to any other person, or damage to or inj ury tQ real
estate or pE~rsonal property, caus'ed by and arising out of the work contracted
for, and thE~ Collector shall pay all bi.lls of claim for wages-, salaries and
supplies, Pllrchased in the operation under this Agreement or otherwise.
The Collector shall furnish, prior to the commencement of operations under
this AgreemE~nt, proper certificates' of insurance as evidence that the above-
deseri'bed irlsurance has been i'ss-ued and is in effect.
16. Disposal Facili'ty:
The MUl1Li'cipal Service District agrees to provide and operate a solid
waste disposal facility for the solid waste received from the Collector.
17. Accounting Metho'd;
The Con.tractor agrees to be on the Accrual Basis of accounting, and
to maintain the records as sho'Wl1 in Appendix "A'" of this Agreement.
18. Miscellaneous:
Provisions of this Agreement shall be interpreted to attain the
obj ecti ve th,at all reasonable quantities and types of refuse placed for
collection are collected.
(7)
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, employee 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 proceeding, then this
contract sh,all innnediately terminate. In no event shall this contract
be, or be treated as, an asset of the Collector after adjudication of
bankruptcy. If the Collector shall be proven insolvent, or fail in
business, then this contract may be terminated at the option of the
County, in 'Nhich event, the County shall have the right to immediately
take possession, lease or purchase Collector's operating equipment and
records.
All te:rms and conditions of the contract are considered material,
and failure to perform any of said conditions on the part of th-e Collector
shall be considered a breach of said contract. Should the Collector fail
to perform .:iny of said terms or conditions, the County shall have the
right to terminate the contract, only after ten (10) days notice, in
writing, to the Collector of the violation of the contract and the failure
of the Coll~=ctor 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 ta.ke possession of all trucks and other equipment of Collector
for the pur]~ose of collecting, hauling anddi'sposing of refuse which
Collector hcis agreed to do.. The County shall have the right to retain
possession of and to operate all said trucks and equipment until other
suitable trucks and equipment can be purchased or otherwise acquired by
the Coun1;y j:or such purpose, for a period not to exceed six (6) months.
The County shall pay to the Collector as equitable monthly rental fee for
each piece ()f the Collector'-s equipment in the County's possession. The
County shall, in case of any such termination, have the right of purchase
of Collectol~' s equipment and tr-ucks at the depreciated fai'r market value
thereof should it elect to so purchase. The County shall make an equitable
rebate to the Collector for services rendered prior to termination, if any
be due.
19. Audit:
The Collector's books shall be open to inspection or audit at any
time at the District's request and expense. The District will hire a
( 8)
..'
Certified P~llblic Accountant to make an annual audit of the Collector's
records. T1:,.is audit is to be completed by April 1 during each year of
this Agreemlent.
20. Servicle:
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 acco'unt be the same located within
the unincorporated limits of Monroe County or within the corporate limits
of any muni1cipality. The Collector agrees' that, should said account be
serviced after such notification, said action will constitute a breach
of this A~r'eement warranting termination of same in accordance with
Section 18 hereof.
IN WITJ~ESS 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.
Dated this JS-/:'4 day of ~-' ...~..,.
, 191f'
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
iZr7tl k.
By: /1 -.
Mayor/C aIrman
Attest =DANl'fY 1... KOLHAGE, Clerk
By:
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l+e~1 8~ ~ C'J~// 5~,:. 7;; c- "
Attest:
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EALA..~CE SHEET
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YE.:\.R E~1)I~:G:
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ASSETS
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cr:::::::::r AS SETS
Cash in Bank
Cercificate of Deposit
Loans Receivable - Stockholder (Sch. I)
Loans Recei~Jable - ~!iscellaneous
Prepaid Federal Inco~e Taxes
Prepaid Insurance
---Prepaid-State-income Taxes
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Other Current Assets
tc~al Current Assets
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PROPERTY 6~'ID EOUIPME~'~
Automobiles and Trucks
Building and Land
Commercial Containers
Machines,Equip.& Tools
-.---.--- Office Furn. .Fi?C.Equip.
Less: Accumulated Dep'reciation
NET PROPERTY & EQUIPMENT
.Q:!!.ER AS SET S .
Equipment Deposit
Performance Bond Deposit
Utility DepOsit
Other Assets
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TOTAL OTHER ASSETS
TOTAL ASSETS
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CO~IP .:\:;'1 :
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Accrued Inco~e Taxes
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Accrued Payroll Taxes
Notes Payable - Portion Due
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Other Current Liabilities
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TOTAL CL~~T LIABILITIES
LO~:G-TER.'f LIABILITIES
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Installcent Loans Payable~
Portion Due After One Year
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TOTAL LONG-TERH LIABILITIES
TOTAL LIft~ILITIES
STOCKHOLDERS' EQUITY
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Common Stock*
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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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~!~n~oe C.JU:1ty Residential Cl.:stc:-:;~rs
~'!cnroe County C\)::-.=:ercial Custo~ers
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Other Collection Revenue
Total Operation Revenue
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OPERAT!~lG EXP~SES
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Ecployee wages
Ecployee Fringes
-Dir~c~Vehicle-Expenses
General Maintenance
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General Overhead-
Total Operating Expenses
Net Operating Income
Officers' Salaries
Officers' Fringes
Owners' Discretionary Costs
Other Income and Expenses, Net
Income Before Taxes
Income Taxes'
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Total
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(Garbage ColI. Cre~*
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E~~I.OYEE FRI~GES
Group Health, Employment-$
Group Life, Employment
Payroll Taxes, Employ.
Prof.Shar./Pension Eopl.
Unifo~s/Laundry, Em~l.
$
$
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$
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OFFICERS' FRINGES
G~oup Health, Office~~ S
Croup Life, Officers
Payroll Taxes, Officers
Prof.Shar./Pension, Off.
Uniforms/Laundry, Off.
$
$
$
$
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$
$
$
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OFFICERS' SALARIES (0509) $
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CORPORATE OFFICERS/Oh~ERS
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% O~"ed
Job/Position
Description
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YEAR ENDING:
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Fo~ property (land, buildings, vehicles or other prOpfrty) that
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company, comple~e the following:
Name of Owner
. Description of Property Leased/Rented
Annual
Rent
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