01/17/1978 AgreementTHIS AI: is e ' Fnc't ise Agreement made in July of 1069 is made
and entered into "� Sri �' of J�:luary, A.D. 1978, by and between the BOARD
OF COUNTY COMMI!7`7 r " � '��7 = : 'a C r COU-1 Y,,.,F RtYA, V�F� naft referred to as
the County or ._i, :>< . � ;ia BALTUFF I
hereinafter refe)'::-cc_ :n as "-tire Ca�_lcctor" or "the Franchisee" or "the Coniractc
W I T N E S S E T H: I
THIS FRAi:CHTSE is entered into in two DUPLICATE ORIGINALS.
WHEREAS, in July of 1969, the parties entered into a franchise agreement;,
for the sole and exclusive right to provide garbage collection services within
the territory hereinater described, and whereas said franchise has not yet
expired, and
WHEREAS, the County is desirous of having all of the garbage and trash
in .e unincorporated 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 satisfiEl
with the services provided by said Franchisee, and
WHEREAS, said Franchisee has expended large sums of money in upgrading
collection equipment pursuant to said Franchise, and
WHEREAS, the parties hereto desire to 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 ^+,tu
promises and undertakincs hereinafter 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 Agreemmen
the parties do agree that the refuse materials to be picked up and removed _hall
he as follows: I
(a) "Solid Waste" means garbage, rubbish, refuse, and other d----
carded solid or semisolid materials resulting from domestic, industrial, co:_::�:er-
cial, agricultural; and governmental operations, but does not include solids or
dissolved material in domestic sewage. or other significant pollutants in water 11
resources such as silt, .dissolved or suspended solids in industrial waste w-ater
effluents, dissolved materials in irrigation return flows, or other common waterl
pollutants.
(b) "Garbage" means waste resulting from the preparation, cook1ng
and serving of food; market waste and waste from produce, including containers
or par':aging originally used for foodstuffs.
(c) "Ru'Dbish" means solid wastes, excluding food waste and ashes, j
taken :.:om residences, commer-cial establishments, and institutions. '
(d) "Bundle" -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 -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 container.
(e)- Brush, tree brancheA tree roots, tree trunks not to exceed 4'
in length, up to two cubic yards per month from each home; stones raked or dug t
-from residential lots, debris from minor repairs performed by owner.
(f) Trash and garbage from commercial establishments including
crates, cartons, tin cans, bottles, ashes and all other combustible or non-
combustible refuse including trimmings from maintaining. landscaping -other than
contractor's rubbish.
E
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2. Employment: The Board does hereby contract withthe Collector
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 period of 10 years commencing the
1st day of January 1978 and terminating the lst day of January, 1988
within the following territory:
Ramrod Key North to the Seven Mile Bridge
3. Option to Renew: The parties hereto may extend this
_agreement fzr 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 Contra_! term will be extended beyond its present term of
years.
4. Collection:: Collections shall be made by the Collector
as follows=
a_ All residential units shall be provided basic service
of twice w—may garbage collection .and said collecti= of garbage
shall be _ �Imited providing said garbage is placed by the owner in
=eceptaclle y=thorized by Section 15 oIf Monroe County ordinance No.
0-1977_ -^-er residential solid waste and trash collectir-ns shall
ciie-half ('�
) cubic yard per residential unit per week.
Resioentia-I f-scard of household white goods, f ^'ritnre, f =rasa ings
and shall be picked u.p, upon call to the Collector within
four (4) days of said call.
All commercial establishments shall be provided basic
ageion service by the Collector and shall be charged by
the Collet'--- 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 posi-=on 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 cean up immediately, in a workmanlike manner, any refuse
spilled by it on parkways or streets.
d_ The Collector shall 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.
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_ ine Collector
shall bo responsible for providing all motor equipI_-nnt necessary to
maintain the agreed upon schedule. This equipment shall be modern,
sanitary, motor -propelled collection uyits and sa _ equipment shall
be maintained in such a manner so as to give maxims service and
assure safe operation. Said equipment will not be permitted to
remain parked anywhere on the street when not in =-= Said equipment
shall be washed at least three times ea.b► week and---ayed with pine
oil or similar disinfectant and approved fly repe'
6. Labor used in collection of refuse: Collector shall
be responsible for providing all labor and supervis-ion necessary to
maintain the agreed upon schedules; --it being unders=>od that the
Collector is an independent contractor, and will = --ide for Workmen's
Compensation and other requirements of the 'loride--Custrial Commission.
7. Title to Waste: All refuse, upon bein= removed from the
prewises where produced or accnmi''=tom. - ?? ba^ —_ _= nB be the prop-
erty of the Collector. Title to tfhe waste s':all b= __twined by the
Collector only for the period the `,,-rite =s in tr zn= _ - to a County
disposal facility whereupon, the waste becou,es the operty of Monroe
County.
B. Complaints on collect?oa of se_��ez =h-T- Collector shall
maintain an office within his franchise territ xri t the receiving of
of complaints, in person or by telephone, during nc=zmal working hours
of each week./
me
9. Com ensation to the Collector: Cbepestabloshedfor
annuallycollector
accorr
:residential and commercial collections snail_ of this 10-1977
once with the procedure set forth in Monroe Agreement, to -wit: fromoJanuary 1, 1978
ection 37. For the first year
shall receive the sum of $4.00 per
hrough December 31, 1978, the Collector
.idential unit in his territory for which the Special Assessmer
:onth for each resade.
evied in accordance with Ordinance No.
Othltl:ereaftereonmthe loth daycofgeach
�bruary 10, 1978 and each consecutive mon
:ninth, the Boardfch
roll of his shall furnish to the Collector a copy of the Special Assessment
s territory showing each residential unit in his terranoed borawhiCount3
he is obligated to serve SCollectoraisinnanmetramountaequal toc$4 P00 for each resi-a
Warrant made payable
oential assessment for the current month's period.
t year of this Agreement, commencing on February the Coliec'
For the firs Y
and thereafter on the loth day of each consecutive month thereafter,
, him f,
income -collected and shall pay unto!,
1 furnish to the Board a list of all corm-:eccial accounts collected y
_'_�a 1 gross amount of �
u7e preceding month and the g
county three (3) per cent of the gross income reecdtorthe scounty sballol
the cou y The three (3) per cent payable
accounts in his territory. and the
ne aid for the first year of this agreement on a trial basis only
p ears ma be increased or decreased
percentage payable to the County for future ea Commissioners during the
depending on the decision of the Board Y 10-1977a
conduct ®f rate hearings held pursuant to Ordinance'
Nd.
The Collector shall note which commercial accounts have not been paid
he amount -of said delinquency owing. For any commercial account delineueer
and --the - -
for one (1) month, the Collector shall have the right to discontinue service {
said account and he shall notify the Director of the Municipal Service District!
of said discontinuance.
The Collector
account, include said
pay the three (3) per
shall, on the mon'.-h following -collection of any delinque_-I
information on his list furnished to the County and shall,
;.-eu owing Co the B;.ard-
The Collector shall use consecutively numbered receipt books furnished,
by the Collector and Yne Collector shall account for all commercial payments ma
to him by use of said receipt books "'A receipt shall be issued to each commer
_ial account making: payment be the same by way of cash payment, check or money l
order. Said receipt shall show the date of payment, name of the account, am -
of payment and shall indicate whether said payment was by check, cash or moneyl
order_ The Collector shall -make every effort to collect delinquent commercial)
accounts.
The amounts payable to the Collector for assessment year 1978 for resi
oential accounts shall be paid on a trial basis only in that in furture years,
the Board may increase or decrease the residential compensation payable to the
Collector depending on the financial information, data, statistics and cost in3
formation made known to the County during rate hearings held•pursuant to
Ordinance No. 10-1977.
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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
e cc�ensation for his commercial collection
territory for receiving th
services, both -in person and by mail.
(d� The Counts =L--a'-? maintain all ordinances now on its
books and adopted _'Cr the per -=_==se of assisting in the enforcement of
the collection of service for both commercial and residential
accounts.
12. Compliance witi; a �*:ority: The Collector agrees to
comply, with all t_h-= ord== z==e-` statutes and regulations of Monroe
County and the State of r loridz at any time properly applicable to '
the Collector's operation und=- this Agreement.
13. Derfc—.�nc.e =^=== -no performance bond shall be required
of the Collector f_= t_^_-e ear of this contract. However, said
performance bond may thereafte- be required by the Board if in the
discretion of the ward a i=� shall be mete and proper-
14. Insurance= :e C==leCtor shall carry the required
Workmen's Co::t.ers��-o:. In for
Public Liability Tns--'-"a=`=e in an
amount not less than �S1Q0,Cv0_� for injuries, including accidental
death, to any pens— tea, s-. --'e=t to the same limit for each p
in an amount of $3 DvG_Cu m account of one accident= p perty
n-ce a less than $10,O00_00 for each
Damage Insure
'^-- The Collector, further, shall'
accident and Y Q. =-'=� _�� ate_--_ = =¢-
keep and save harms'ess the Bo from and against any rnd all costs,
damages, claims or expense= �t ='ay suffer, incur o- sus vas or come
liable for on account of a :v ==jury to or death of the employees of
the Collector or tc arrY ct ier - arson, or damage to or =-nj=Y to real
estate or personal =rely, s=-sed by and arising out of the warm
contracted for, and the Caise=:=� sball pay all bills of claims
for wages, salaries and suppii-s, purchased in the Operation under
this Agreement or c-=be-rwise_ -he collector shall furnish, prior to
the commencement of opexatiors under this Agreement, proper certifi-
cates of insurance as evidence that the above described insurance has
been issued and is in effect_
15. Disposal: Theco —ty agrees to provide a site for a
disposal operation to receive =rom the Collector its daily collection
of garbage and trash_ There shall be no cost to the Collector for
disposal service_
16. MISCELLANEOUS: Provisions of this contract shall be
interpreted to attain the objective that all reasonable quantities
and types of refuse placed for collection are collected.
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o shall not enter• intany sub -contracts,
The Collector s
The
or assignment of or which in - any way abrogate
agreements leases,
its duties or responsibilities hereunder
roh ibotion shallrne otapply
approval of the County. However,said
employees hiring or discharge,
to the purchase or leasing of equipment,
office purchase or leasing.
It is agreed that in the event the Collector shall be
adjudged bankrupt, either by voluntary or involuntary proceedings,
's contract shall immediately terminate. In no evafeZhall
then this an asset of Collector
be
or be tre
ated as
contract proven insolvent,
this all be
of bankruptcy. If colle
ctor
for shall
adjudication P
or fail in business, then this contract may be terminated at the
the County shall have the right
option of the County in which event, opera -
purchase
collectoo's opera -
to immediately take possession, lease or p
ting equipment. and records.
All terms and conditions of the contract are considered
raterial and failure to perform any of said conditions on the part
or the Ceie== shall be considered a breach of said conditions,
S;,ould �11P-=o- fail to perform any of said terms
the County srrali have the right to terminate the contract, only
- _� }en (? : - days notice in writing to the Collector of the
a
i contract and the failure of the Collector to remedy
v_Olzti_o_ of he c s
tae vic-anion within said time.
the event of termination of the contract for breach
-'�` the County shall have
c_ de,ar.lt z ttie Collector as above specified,
�: ., = = rthwith take possession cf all trucks and .other equip -
he y hauling and disposing
men of Collector for the purpose of collecting,
�-=ct Collector has agreed to do. The County shall have
c f r e::se =►-
the right to retain possession of and operate all said trucks ch
can be purchased
e.uip=en- s:r_=1 other suitable trucks and equipment
acquired by the County for such purpose, for a Period
a to the Collector
to eXce Six (6) months. The CIIn_y shall p y
c: a_ui_able-onthly rental fee for each eic� y l inect
casesof
_ ==e County's possession. i-
e"uyer- ,} rave the right of purchase of Coiled-"z�s
_ �w =-_.ion, _, f- market value thereof
_- r s'.��s. ---
_ - = -,-�-- .rucks at the deere-la red
-t le
to purchase_ The CoL.�-:ty shall �==e � acLi� {
rior
chats tCollector for services = e-dered pto termination,
._, -__ -
ary
?-_ III�ITs The Collector's books shall be or
;;- to inspec-
tion or and=:= at any time at the Countg's requEst and off
shall situated in
and k
said records sball at all times be maintained in an vided b the
A complete yearly audit shall be pro Y
Gollectar the County and shall be provided no later than the 1st
r� of each year at the Collector's expense. The first tified
dit i
day of Ap y Y a Certified
=,a11 ix yed by April 1, 1979 and shall be prepared b
Public Acco ant licensed by the State of Florida. Said audit shall
t-
be prepar
ed in accordance with the requir.ements esta_blishea by General
tze Bca=L ^f County Commissioners as _approves t�y_rhe Auditor
of the State of Florida with appropriate consultation from the franchise
collector. tded,howeve ,the Clekek ppsh lltoroG rx '-' b rre ag, ucu3nW byd hes
-' 1 e �oun by the
more compre;:--=ivy r cost tha tmont�ly sta emen a e pr
Collector showing the gross receipts collected by the Coo
Section gof
the preceding month's commercial collections. (also Seared in accor-
this Agreement) Said monthly statements shall be prep Clerk
dance with a format mutually agreed upon by the Collector and the,
of the Board of County Commissioners and said"statement shall be accOm
an amount,
panied by the Collector's check made pa yahl� to the County la
three (3%) per cent of said gross recei is no later than
representing p
the loth day of each_
month beginning February 10, 197�.
18. SERVICE. The Collector agrees that he will, upon
written request from the Director of the Municipal Servic
District-,-Aiscontinue--cvl3ection---seryice --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 ficationeethatasaidould said action willcount constitute
serviced after such notification,
a breach of this Agreement
eee t warranting termination of same in
accordance with Section
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
signed by its Mayor anbeChererman to af�ixed,and ealidasyoftthelday and
erk and
its corporate seal to
year first above written.
Attest: ,
D
C e to the Board
Attest:
Notary Public, State of Florida at larg•,
My Commission Frr,Fres F, b. 11,
Bonded by. American Fir.. F CC- '
BOARD OF COUNTf COMMISSIONERS
OF MONROE COul"--, FLORIDA
uv-
y Ma %Chairman
BA� F4 -
is document hi3s
t.�.. -al sufficienzA
rr_VieWtd fc5e same meets vi
g�O;A7Q G. PAY::c
:..::.:i