Amendment 01/17/1978.nd tic
�IS�'
THIS AMENDMENT to the Franchise Agreement made in July of 1969 is made
nd entered into this lath day of January, A.D. 1978,
by and between the BOARD
r COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as j
the County" or "the Board ", and WASTE MANAGEMENT OF FLA.,INC.,d/b /a FLORIDA DIS -j
POSAL COMPANY, hereinafter referred to as "the Collector" or 'the Franchisee" or
"the Contractor ".
W I T N E S S E T H:
THIS FRANCHISE 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 hereinafter described, and whereas said franchise has not yet
expired, and
WHEREAS, the County is desirous of having all of the garbage and trash
in the 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 satisfii
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 mutuli
promises and undertakings heYeinafter 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 Agreemen
9
p arties arties do agree that the refuse materials to be picked up and removed shah
be as follows:
(a) "Solid Waste" means garbage, rubbish, refuse, and other dis-
carded solid or semisolid materials resulting from domestic, industrial, commer
cial, agricultural; - and governmental operations, but does not include solids orb
dissolved material in domestic sewage. or other significant pollutants in water
resources such as silt,. dissolved or 'Suspended solids in industrial waste water
effluents, dissolved materials in irrigation return flows, or other common wate�
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) "Rubbish" means solid wastes, excluding food waste and ashes, j
taken from residences, commercial 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 branches t e roots, tree trunks to exceed 4'
in length, up to two cubic yards per month 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 •1
crates, cartons, tin cans, bottles, ashes and all other combustible or non-
combustible refuse including trimmings from maintaining. .landscaping - other than
contractor's rubbish. -
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2. Employment The Board does hereby contract V: hth t:3e..Collectorl
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 1st day of January, 1988
within the following territory:
From Stock Island Bridge North to and including
all that area on Stock Island lying situate between
East of Cross Street and North of 9th Avenue, as
shown on the attached map of Stock Island, Florida together
with the commercial accounts listed on the attached
schedule It is understood that said Collector shall also have
all commercial accounts which shall arise in the future within the
territorial limits first set forth above in this section.
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 term -will 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 solid waste and trash collections shall
be limited to one -half (2-) cubic yard per residential unit per week.
Residential discard of household white goods, furniture, furnishings
and equipment 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 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_ The Collector
shall be responsible for providing all motor equipment necessary to
maintain the agreed upon schedule. This equipment shall be modern,
- sanitary, motor - propelled collection units and sa..d equipment shall
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 Workmen'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, the 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./
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9. Com
o
e nsation t the Collector: Compensation --for the Collector for
esidential and c ommercial collections shall be established annually in accor-
lance with the procedure set forth in Monroe County Ordinance No. 10 -1977,
first year of this Agreement, r 1,
1978
>ection 37. For the fir to -wit: from January
y 4.00 per
hrough December 31,
1978, the Collector shall receive the sum of $
ionth for
each residential unit in his territory for w ich the S pecial
commencing
evied in accordance with Ordinance No. 10 -1977 has e
=bruary 1p, 1978 and each consecutive month thereafter on the 10th day of each
nonth, the Board shall furnish to the Collector a copy of the Special Assessmen
°oll of his territory showing each residential unit in his territory for which
to serve. Said assessment roll shall be accompanied by a Count
ie is obligated 4.00 for each resi
'arrant made payable to the Collector in an amount equal to $
lential assessment for the current month's period.
year of this A reement, CO mmencing on February 10, 1978 1
For the first y g the C
and thereafter on the 10th day of each consecutive month thereafter, ollec him f
-collected and shall pay unto;
the preceding month and the g
furnish to of all commercial accounts collected y
shall f the Board a list gross amount of inco
3) per cent of the gross incomes received from said commhalla
the County three ( P The three (3) per cent payable to the County
accounts in his territory. and the i ,
be aid for the first year of this agreement on a triable increased or decreased'-I
paid
payable to the County for future years may
din on the deci".sion of the Board pf rdinance�No. s10 -1977+ during the
depen q ursuant to 0
conduct of rate hearings held p
The Collector shall note which commercial accounts have not been paid
rcial
and - -the amount-of said delinquency owing. For any comme discontinue u
service ofiF
for one (1) month, the Collector shall have the right to discotinu
said account and he shall notify the Director of the Municipal Service District
of said discontinuance.
The Collector shall, on the month following of any delinquei
account, include said information on his list furnished to the County and steal:
pay the three (3) per cent owing to the Board.
The Collector shall use consecutively numbered receipt books furnished
by the Collector and the Collector shall account for all commercial payments maI
to him by use of said receipt books "A receipt shall be issued to each commer -"
cial account making payment be the same by way of cash payment, check or money {
order. Said receipt shall show the date of payment, name of the account, amour
of payment and shall indicate whether said payment was by check, cash or money
order_ The Collector shall -make every effort to collect delinquent commercial,
accounts.
The amounts payable to the Collector for assessment year 1978 for resi-
dential accounts shall be paid on a trial basis only in -that in furture years,I
the Board may increase or decrease the residential compensation payable to they
Collector depending on the financial information, data, statistics and cost in.
formation made known to the County during rate hearings held pursuant to
Ordinance No. 10 -1977.
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10. Chan es 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. R 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 person and by mail.
(dr 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 authori The Collector agrees to
_comply with all the ordinances, statutes and regulations ofMonroe
County and the State of Florida at an time properly applicable
the Collector's 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
and proper if in the
discretion of the Board the same
14. Insurance The Collector shall carry the required
Workmen's Compensation Insurance; Public Liability Insurance in an
amount not less than $100,000.00 for injuries, including accidental
death, to any person; and, subject to the same limit for each person
in an amount of $300,000.00 on account of one accident; Property
Damage Insurance in an amount not less than $10,000.00 for each
accident and $30,000.00 aggregate. The Collector, further, sball
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 iijury 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
of garbage and trash. There sh all be no
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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i
t enter.
The Collector shall no iPto any wa - c abrogate l
assignment of or which in Y
leases, agreements or 9
its duties or responsibilities hereunder without prior written
Count However, said prohibition shall not apply
approval of the y hiring or discharge,
purchase or leasing of equipment, employees
to the P urc
office purchase or leasing.
shall be
It is agreed that in the event the Collectoroceedings,
adjudged bankrupt, either by voluntary or involuntary p
on
tract shall immediately terminate.
then this c In no event e � hall {
is contract be, or be treated as an asse
th l t of collector after
insolvent,
adjudication of bankruptcy- I f
may be terminated at the
or fail in business, then th is the c ounty shall have the right
option of the County in which event, p urchase Collector's opera j
to immediately take possession, lease or
ting equipment and records.
All terms and conditions of the contract are con
e =t
3
material and failure to perform any of said conditions on t p
of the
Collector shall be considered a breach of sao conditions,
Should Collector fail
ave the prightmto any
teorminate the mcontract, only
the County shall he
after ten (1D) days notice in writ ing lu °e t of thelCollectortto remedy'
violation of the contract and the fai
the violation within said time.
In the event of termination of the contract for
shall have
or default by
the Collector as above specified, the County
with take possession of all trucks and other
disposP
t he right to forth
disposing
ose of collecting, hauling and
ment of Collector for the p ur p shall
of refuse which Collector has agreed to a ° ate T allCsaid y trucks and
the right to retain possession of and operate equipment can be purchased
equipment until other suitable trucks and equip for a period
or otherwise acquired by the Countycount such
shall pay e to the Collector
not to exceed six (6) months. The Y
an equitable monthly rental fee for each P1 Count f shall o in e case , of
equipment in the County's possession. Thurchaseyof Collector's
any such termination, have the right of p
e uipment and trucks at the depreciated famakeaaneequitablehereof
q purchase. The County shall value t
should it elect to p riot to termination
rebate to the Collector for services rendered p
if any be due.
17. AUDIT The Collector's books shall be open to inspec-
at the County's req
tion or audit at any time uest and ex Ce n s ituated in
said records shall at all times be maintained in a ro o ide8 by the sball be
Monroe County. A complete yearly audi=o ided no later than the lst
Collector to the County and shall be p
da of April of each year at the Collector's expense. The firs
Certified I t audit
�' 1979 and shall be preped by
shall be provided by April 1, ar
Public Accountant licensed by the State of Florida Said audit shall the Cler
be prepared in accordance with the requirements estabheSA� t General
of the Board of County Commi ap propriate
1O consultation from the franchise
of the State of Florida with L
collector. provided to the County by the
A monthly statement shall be
llected the
collector showing the gross receipts co al e e ° Section 9 ° of
the preceding month's commercial collections. ( re prepared in accor-
Said monthly statements
this Agreement) shall be e p p P Clerk{
dance with a format mutually agreed upon baidhstatement shall beeaccom-
of the Board of County Commissioners and i an amount
panied by the Collector's check made paya12 to the County
three (3%) per cent of said grosiOre197pts no later than
repre February s O tt
the 10th day of each mo nth beginning
18. SERVICE The Collector agrees that he will, upon
written request from the Director of the Municipal Servic
District, -- discontinue --collection -service - -to -any residential and /or
.commercial.account be the same tocthedcor
orate
lunit unin
limits of Monroe County or within P
municipality. The Collector agr that sh said
will
tio , tute
serviced after such notifica
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 'its Clerk and
its corporate seal to be hereto a , all
year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
At est:
I -
C erk to the Board
BY;�
Mayor /Chairman
0
WASTE MANAGEMENT OF FLORIDA, INC.,
d/b /a FLORIDA DISPOSAL COMPANY
BY,
a
�e La,bounty, GeneAA
to)ti,da Di, poaa2 Co.
{ fiFR�Y GRTfFY {h!e this uffic e�Y 2nd
e�ved far
been revi vr;.h r: p
cartent and�tha�t the � �sa�e m°c��
ap�: cvaL !r- '` R;a, ?o c. PAY* :! .,
41rc
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WF ac 00.5-5 4 5OUT Oo r 9 19, 0
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_ -�:-_ KE1' WE S
1MILE U.S NiGNVlA NU:dcN O� MIAMI !` i
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1 •;
,00000
J STOCK' ISL:t1 '
KEY ;;'�:
9804 FLAGLER AVENUE
KEY WEST. FLORIDA 33040
January 17, 1978
.Zor„i.u'w Dizpo.6a.Z'.6 active account6 in Monroe County a6 jotzow6:
(Stock 1.6ta.nd)
A.ZUed Uee th,ic Supp.Zy - MaZoney Ave.
Ben.6ewngen hoeh 8 Aba. - 3rd Ave.
B c,Z' a Tna aen SaZe6 - U. S. # 1
Boyd's Campgnound6 - MaZoney Ave.
City EZec &ic
Co=t Ia.Ze Tnaiten. Park - U. S. #I
Cow Key Ma Ana
Dr. MiZZen. AnimaZ Ho.6p.ctae. - 2nd Ave.
H.ickony H Use
Key Wut Ba i,e.k 9 TiZe - Maloney Ave.
Key Wat Oeeanz.ide MaAina - Kings Point
Oeean,6 p=y Tna i.Zen Park - MaZoney Ave.
Oveuea6 Tna,Uen Count - Me DoanZd Ave.
Reed aiderc`e Dive Shop - U. S. #1
Ro24,'.6 T&a i,Zen CourLt - MaZoney Ave.
Santiago V.i,eW - Second Ave.
Stock I.6.Zand TnaiZen Park - Ru6.6o Lane
Stynon TnaiZen. Park
Sun Haven T&aiten. Palk - Me Donald Ave.
The Raceway Inn (C.Zoaed) - Matoney At e.
Tro pieat Matci.ne Center
Gluon Apt6. - 3&d Ave:
WKIZ
Woodson' d Tna i2.eA Pajck
Coopex'.6 Body Shop- 3rd Ave.
=:, , Le Accounts a6a.igned to Ftorida Dizpo.6aZ not being serviced at pta-ent:
(Stock 1.6tand)
Capp.6 T&aiteA Suppt i.e6
PewLZ Tir a it en Park
Keevan 9 Son, Inc.
Seay.iew Cons thuction
Wh.i te' d W e ding
S.i.boney R e6tamant
Harg.c,6 Standard Oa
H 9 H Auto Paht6
Daub y S M.itche.P 2
Homes Moto&cyc ee6
'Moped o6 the Keya
I