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HomeMy WebLinkAbout06/14/2000 SOLID WASTE COLLECTION FRANCHISE AMENDMEN-r 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 BLAND ~ C) ~,., DISPOSAL SERVICES, INC., a Florida corporation whose address is PO BO~2~, ~ ~st, ::.:0 n :'; ::c- 1 . ~ · Or- -,c.-: :::a 0 FL 33040 (Franchisee). ~?;::=.~_~ t -r, (':) c-> : c.n 0 WHEREAS, in the franchise agreement between the parties date~~. y 2fi1 1~. 4, --i ~ r- -:J: ~ \, .r :.- rr1 provided that the Franchisee has an exclusive franchise for, among oth~/ j~m~ r~off l~ G)! ::0 ,_. (1) 0 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 (30/0) 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, IN CONSIDERATION of the mutual promises and consideration set forth below, the parties agree as follows: 1. a) Section 3A of the July 20, 1994, Franchise Agreement is amended to read: A. Exclusive Franchise Granted. The Franchisee is herein granted an exclusive franchise to provide Residential Solid Waste Collection Service, Commercial Solid Waste Collection Service and Recycling Collection Service in the Service Area as described in Exhibit I. 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 establishing a revised license/permit fee and/or gross receipts regulatory system for C&O. The revised C&O regulatory system will be adopted by ordinance and apply equally to all business entities engaging in C&O 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. S WHEREOF, the parties hereto have set their hands and seals the day e written. BOARD OF COUNTY COMMISSIONERS '(~ MONROE COUNTY, FLORIDA By~~Q. ~~~ Deputy Clerk (SEAL) ATTEST: BLAND DISPOSAL SERVICES, INC. BY~/~ Title I}lvt57Dv \lICit IJft.~9fiE..vr By Titl e jdconswbland /'