1. 1st Amendment 06/14/2000
Cleft( of lhe
Circul coun
Danny L. Kolhage
(305) 292-3550
Memorandum
To: Clark Lake, Director
Solid Waste Division
Attn: Carol Cobb
From:
Isabel C. De&mt~, J1 1') ~
Deputy Clerk Uf. .... J,/.
Date:
July 17, 2000
At the BOCC meeting of June 14, 2000, the Board granted approval and
authorized execution of an amendment to the Solid Waste Collection Franchise
Agreements to allow dispOSal ofC&D debris at facilities other than the County transfer
stations.
Attached hereto is a duplicate original ofthe SUbject Amendment between
Monroe County and Mid-Keys Waste, Inc. for your handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
cc: Finance
County Attorney
File
CLERr(;S OHl ~Nl4.L
SOLID WASTE COLLECTION FRANCHISE AMENDMENT
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 MID-KEYS
WASTE, INC., a Florida corporation whose address is PO Box 404, Marathon, FL 33050
(Franchisee).
WHEREAS, in the franchise agreement between the parties dated July 20, 1994,
provided that the Franchisee has an exclusive franchise for, among other items, roll-off
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 (3%)
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 1. 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&D.
The revised C&D regulatory system will be adopted by ordinance and apply equally to all
business entities engaging in C&D 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,
TNESS WHEREOF, the parties hereto have set their hands and seals the day
bove written.
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~~~u
(SEAL)
ATTEST:
MID-KEYS WASTE, ~N~
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