Item L5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20,,2014 Division: County Administrator
Bulk Item: X No Department: County Administrator
Staff Contact/Phone#: Rhonda Haag,,,4538774
AGENDA ITEM WORDING: Approval to enter into an Amended and Restated Solid Waste and
Recycling Collection Franchise Agreement with the Ocean Reef Club, Inc. for residential and commercial
solid waste, yard waste and recycling collection services pursuant to Sec. 2-347(e)(5)(f) of the Monroe
County Code.
ITEM BACKGROUND: The current franchise collection agreement terminates September 30, 2014.
Staff has been negotiating terms with the various collection vendors for a year for a potential extension in
lieu of issuing a solicitation. The vendor has agreed to more cost effective terms than currently provided
in terms of a CPI maximum and is maintaining the current exceptional levels of service to the residents
and businesses. At the December 11, 2013 meeting the BOCC approved moving forward with 10-year
contracts for the collection services agreements.
The County shall pay the vendor("Franchisee") in annual funds for the Franchisee's performance of this
Agreement for residential collection.services. Funding for years 1-10 of the residential collection services
are estimated at$4 million, which includes the estimated annual CFI increases not to exceed 2.5%.This
number represents an estimated number only, and is based on estimated quantities of materials and annual
CPI increases. Actual numbers are expected to vary. This estimate is not meant as a minimum or
maximum amount to be guaranteed under this Agreement on behalf of either the County or the
Franchisee. Ocean Reef has the lowest residential collection rates of the four franchise vendors, and the
highest level of customized service. Therefore annual CPI adjustments up to 2.5% were allowed.
Vendor Est.Units FY15 Rate
Waste Management 11,317 $19.35
Marathon Garbs a 8,732 $18.35
Keys Sanitary 10,123 $18.42
Ocean Ree Club 1 1,703 1 $17.17
In addition, the Franchisee shall collect fees from its commercial customers for all commercial collection
services, of which no funds from the County will be payable to the Franchisee for commercial collection
services.
PREVIOUS RELEVANT BOCC ACTION-.
■ 08/23/13: Briefing on two potential solid waste ordinance modifications, one extends the
allowable term of solid waste collection agreements from 5 to 10 years and the other sets forth an
exemption to competitive bidding for all solid waste services.
09/17/23: BOCC approves two solid waste ordinance modifications. One extends the allowable
term of collection agreements from 5 to 10 years and the other sets forth an exemption to
competitive bidding for all solid waste services. The ordinances will be effective upon filing with
the Department of State.
• 10/11/13: The two ordinances (Ordinance No. 034-2013 and Ordinance No. 035-2013) are
effective.
• 05/21/14: BOCC approval of franchise, haul out and recycling agreements for the other vendors
for the Lower Keys, Marathon and Key Largo.
CONTRACT/AGREENIENT CHANGES: New 10 year contract to be executed with estimated CPI
increases not to exceed 2.5%, and same type of services offered as in the other franchise agreements
presented at the May 2014 BOCC.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Est.$4 Million for years 1-10 Residential Services
BUDGETED: Yes X No^ DIFFERENTIAL OF LOCAL PREFERENCE: None
COST TO COUNTY:Est.$4 Million over 10 years
SOURCE OF FUNDS: 414 Fund
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty�"&I'llOMB/Purchasi4 Risk Management N
t I LI
DOCUMENTATION: Included X Not Required To be Presented
DISPOSITION: AGENDA ITEM CAD#
MONROE COUNTY BOARD OF'COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Ocean Reef Club Contract#
Effective Date: October 1,2014
Expiration Date: September 30,2024
Contract Purpose/Description:
This contract shall authorize Ocean Reef Club to proceed with solid waste, yard waste
and recycling collection services for the Upper Keys area of unincorgorated Monroe Count
known as Ocean Reef for a 2eriod of ten years, from October 1, 2014 through September 30,
2024,
Contract Manager: Rhonda Haag 8774 CAD M.S. #26
(Name) (Ext.) (Department/'Stop#)
for BOCC meeting on 08/20/14 Agenda Deadline: 08/05/14
CONTRACT COSTS
Total Dollar Value of Contract: $ $4 Million Current Year Portion: $ $355,261
estimated FY 15
Budgeted? Yes® No Q Account Codes: 414 -40000- 530 - 340 -�
Grant: $ no
County Match: $ - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $0/yr For: N/A
(Not included in dollar value above) (e . maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑No[:]Risk Management g ^� µ �� f Yes[:]No
r
O.M.B./Purchasing � ��"B Yes❑ No "� "& Iq
County Attorney i@ 91.. .... Yes[:] No 16,cum, -.6'rur i l/9
Comments:
OMB Form Revised 2/27/0 t MCP#2
AMENDED AND RESTATED
SOLED WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
AND
THE OCEAN REEF CLUB,INC.dba OCEAN REEF CLUB
Dated July 16 2014
...............................................................................................
Law
COVER.............. __. /
TABLE mrCONTENTS........................................
/. nsaM—'—.^._._ 7
zDEFINITIONS....... ................................................---^'~--- 7
3. SERVICES PROVIDED BY FRANCHISEE.......................................... zm
A. Exclusive Franchise Granted......................................................... 15
B. aesmonmibdity for Service Billing and Collection............................. 15
C. Emergency Service Provisions.......... ^........................................... 15
D. Service m Selected County Agencies......................................... 16
4. SOLID WASTE COLLECTION SERVICES............................................ >r
A. Curbsidemzsidential Solid Waste,Vegetative Waste,and Bulk
Trash Collrctioo Services.......................................................... 17
CU Conditions and Frequency mf Service................................ n
(g Accessibility....... ............................ ........................... 17
B. Cvmaiocrized Residential Solid Waste Collection S"rvb�----.. is
(V Conditions and Frequency vf Service................................. 18
C. Commercial Solid Waste Collection Service................................... 19
) Conditions and 20
,^ Method of 20
CH Level,Type and Disclosure of Rates for Commercial Collection
And Other Service......................................................... zu
D. Hours mr Collection................................................................. om
E. Routes and Schedules.—,.^.—...._.—.-----.—...--.- 21
z RECYCLING COLLECTION mnmnnCs...................... ........................ 2/
A� Curbside Residential Recycling Collection Services.......................... zz
(n Conditions and Frequency nf service.................................. za
*v Accessibility for Curbside Recycling Collection.................—. 22
B. Containefizcdoesidential �
n/ Conditions and .................................. cu
(2) Accessibility and Schcdulc for Containerized Residential
Recycling Collection..................................................... oa
C. Commercial 23
(2) Level.Type and Disclosure of Rates for Commercial Recycling
Collection and Other Services---.....—.—..—..—..... 24
CV O~merabip—....-----...—.----..~.---.— 24
D. Method wfPayment...-----.—..---.— ........................ 25
E. Hours wf Collection..............................................^.................. 25
F. Routes and Schedules.-----.--.-----..----.,..... zg
G. Purchase,Delivery,and Replacement of Recycling Carts and Containers for
Residential Dwelling Units.................................................... 75
scManner*f Collection....................................... ..................... 26
z Material Recycling Facility...................................................... zV
J. Change in Scope a Recycling Collection Service........................... 26
u CHARGES,RATES,»uaREMsmT AMOUNT AND LEVEL OF SEnaCsS--- 27
A. 27
p/ .................................................. 27
pV Units Omitted unm Annual Roll....................................... 27
B. Solid Waste and Recycling Collection Rate Adjustments..................... 28
C. Compiled Statement cuActivities and Franchisee Fee Audit............... 29
D. Agreement Amount................. ............................................. 29
E. Solid Waste Disposal and Recycling Processing Costs.......... ........... zy
F. Extraordinary Rate Adjustment --............................................ 29
G. Franchise Fee........................................................... ng
H. Diesel Fuel Surcharge.............................................................. 31
zConvenience Fee.~ ................................................................... 31
7. }x]oDaYS............................. ...... .......................... '.................. 31
a. Service mee.- ....................................................................... B
8. SPECIAL SERVICES..................................................... ............... 31
9. PUBLIC AWARENESS PROGRAM..................................................... 32
10. MANNER OF COLLECTION........................................................... 32
11.PERSONNEL OF THE FRANCHISEE................................................. 33
12. SPILLAGE.............--.............I.................................................. 33
13.SOLID WASTE AND RECYCLING FACILITIES.......................I............. 34
14.COLLECTION EQUIPMENT,............................................................. 34
15.VEGETATIVE WASTE..........................................................I.......... 35
16. SPECIAL WASTE,HAZARDOUS WASTE,BIOHAZARDOUS OR
BIOMEDICAL WASTE AND SLUDGE...................................................... 35
17. OFFICE.............. ........................................... .............................. 35
18.COMPLAINTS............................................................................... 36
19.QUALITY OF SERVICE................. ................................................. 36
20.FILING OF REQUESTED INFORMATION AND DOCUMENTS................. 39
21.UNCONTROLLABLE CIRCUMSTANCES............................................ 39
22. PERMITS AND LICENSES................................................................ 40
23.PERFORMANCE BOND................................................................... 40
24.WORKERS'COMPENSATION INSURANCE........................................ 40
25.LIABILITY INSURANCE.................................................................. 40
26. INDEMNITY................................................................................ 41
27.ACCESS TO FRANCHISEE'S BOOKS AND RECORDS.......................... 42
28.POW OF CONTACT.........„............. .............................................. 43
29.NOTICE.................. .................................................................... 43
30.DEFAULT OF CONTRACT.............................................................. 43
31.MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR
CHANGEIN LAW................................................................................ 45
32.RIGHT TO REQUIRE PERFORMANCE................................................ 46
33.77TL87nWASTE........................................................... ..............^ *«
se GOVERNING LAW AND VENUE...................................................... *s
35.C[mx9LDNC8 WITH LAWB ......................................................... 47
36.SmVERABILDY.....................................--.................................. 47
yr ASSIGNMENT AND SUBLETTING.................................................... 47
ocMODIFICATIONS.................................................... ..........- ..... 48
suovDoPENDEvCE OF AGREEMENT....... .............................. ........... 49
*u MUNICIPALITY'S m»7oONTmBE COVERED oY AGREEMENT.............. 49
11.OTHER RATE ADJUSTMENTS............................... .......................... 49
4za»aa7INn»oo PRIOR AGREEMENT...................... ...... ..................... 49
*s/mrDOmNEY'S FEES AND COSTS..................................................... 49
44,gOHTING EFFECT.......................................................................... on
45.AUTHORITY............................................................................... so
46.CLAIMS FOR FEDERAL aR STATE Amm.... ........................................ so
47.ADJUDICATION mvDISPUTES OR AGREEMENTS............................. su
48. ....................................^^............... 50
*ecsxOPERATI«N.,..----..--.---.—.--.....----.--- 51
uu COVENANT UFmO INTEREST......................................................... 51
mn.CODE oF ETHICS............................................... zx
52.0Q ____,____.. ........................ 52
sz PUBLIC ACCESS.......................................................................... 52
54.NON-WAIVER OF IMMUNITY............................... ............ ............. 53
55. pRInwILEGES AND mumoNMmES..................................................... 53
muuEGAL OBLIGATIONS AND RESPONSIBILITIES,NON-DELEGATION
OF CONSTITUTIONAL OR STATUTORY DuTIES-----.-----. Jy
57.NOm-RaL0umCE BY NON-PARTIES.................................................. 54
58.ATTESTATIONS............................................................................ 54
59.NO PERSONAL LIABILITY.............................................................. 54
60.EXECUTION IN COUNTERPARTS................................................... 54
61. SECTION HEADINGS................................................................... 54
EXHIBIT I-DESCRIPTION OF BOUNDARIES OF SERVICE AREA............. 56
EXHIBIT II-APPROVED RATE SCHEDULE........................................... 57
EXHIBIT III-DISCLOSURE OF SERVICE RATES.................................... 58
EXHIBIT IV-ANNUAL FINANCIAL REPORTING FORMAT,..................... 60
EXHIBIT V-SPECIAL SERVICES......................................................... 61
EXHIBIT VI-PERFORMANCE BOND SLIDING SCALE............................. 62
EXHIBIT VII-PUBLIC OUTREACH TASKS............................................ 63
EXHIBIT VM-INSURANCE REQUIREMENTS........................................ 66
EXHIBIT DC-PUBLIC ENTfrY CRIME STATEMENT............................................ 67
EXHIBIT X-LOBBYING AND CONFLICT OF D47EPMT CLAUSE-
SWORN STATEMENT UNDER ORDINANCE NO.0 10-1990,
MONROE COUNTY,FLORJDA.................................................................................... 68
EXHIBIT XI-NON-COLLUSION AFFIDAVIT.................................................. 69
EXHIBIT XII-DRUG FREE WORKPLACE FORM............................................... 70
SOLED WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT
FOR THE FOR THE OCEAN REEF CLUB,INC.dba OCEAN REEF,
KEY LARGO,FL.
THIS AMENDED AND RESTATED SOLID WASTE AND RECYCLING COLLECTION FRANCHISE
AGREEMENT(hereinafter referred to as"Agreement"}is made and entered into this 24st-1fLiday of May July
2014. by and between THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 1100
Simonton Street,Key West,Florida,33040, a political subdivision of the State of Florida(hereinafter referred to
as"COUNTY"or"Franchisor"),and THE OCEAN REEF CLUB,INC.dba OCEAN REEF CLUB,35 Ocean
Reef Drive,Key Largo,Florida 33037, a Florida not for profit corporation(hereinafter referred to as"Ocean
Reef Club"or"Franchisee").
WITNESSETH
WHEREAS,the parties entered into a Solid Waste and Recycling Collection Franchise Agreement on or
about May 19,2004,as amended on August 17,2005,January 28,2009,and renewed and amended on May 20,
2009,which is scheduled to terminate on September 30,2014;and
WHEREAS,the parties have negotiated new terms and conditions under this agreement;and
WHEREAS,the term and conditions improve cost effectiveness and maintain the levels of service currently
provided by the Franchisee;and
WHEREAS,the Franchisor desires the yard waste to continue to be separated from the solid waste to allow
a separate yard waste processing program to be implemented;and
WHEREAS,the County pursuant to Section 2-347(c)(5),Monroe County Code hereby exercises its option to
waive competitive bidding for this solid waste service;and
WHEREAS,the parties desire to amend and restate the agreement.
In consideration of the mutual benefits,the parties herein agree as follows:
I. TERM
The term of this Agreement shall be for the period beginning on October 1,2014,extending for ten(10)
years, and terminating on September 30, 2024. Franchisor shall have the exclusive option to extend the
Agreement by formal Amendment,upon mutually agn=ble terms and conditions,for an additional five(5)year
period upon one hundred twenty(120)days written notice to the Franchisee prior to the expiration of the currant
term of this Agreement.If such written notice and formal renewal amendment is not provided this Agreement
shall terminate on September 30,2024.Monroe County shall have the right to unilaterally extend the term for a
period of ninety(90)days under the as=terms and conditions as set forth herein.
Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
..........
2. DEFINMONS
AL Biological Wastes causes or has the capability of causing disease or infection and which includes
biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens,to
humans or animals.
B. Board shall mean the Board of County Commissioners of Monroe County,Florida.
C. Bulk(or Balky)Trash shall mean any non-vegetative item that cannot be containerized or bundled;
including,but not limited to,inoperative and discarded refrigerators,ranges,toilets,clothes dryers,bath
tubs,water heaters,aink%bicycles and other similar domestic appliances;household goods,furniture and
carpeting. Carpeting will be picked up by the Franchisee if cut to lengths of six(6)feet or less,no more
than 6 bundles of carpet for one pickup, and bundled item must be generated from the property of a
Dwelling Unit. "Home Improvements",which include,but am not limited to,cabinets,drywall,lumber,
paneling and other such construction-related materials,am not considered bulk trash.
"Bulky trash or waste does not include large items such as car bodies,camper shells,mobile homes,
trailers,Jacuzzi tubs or spas,or any other items that cannot be safely lifted and collected by one person.
In addition,bulky wastes do not include any hazardous or special waste as well as any other item or
items that in the future may be land banned by regulation.
D. Collection shall mean the process whereby Residential Solid Waste,Commercial Solid Waste and
Recyclable Material are removed and transported to a designated facility.
E, Collection Agreement or Agreement shall include this document. All amendments and exhibits
thereto shall be made in writing and shall be the written document between the Franchisor and the
Franchisee governing the provision of services as contained herein.
F. Commercial Solid Waste shall mean Garbage,Vegetative Waste and Rubbish that is not Residential
Solid Waste.
G. Commercial Recycling Collection Service shall mean the collection of recyclable materials by the
Franchisee from business entities and any or all collection services not covered in Section ij within the
Service Area.
.............................................
H. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the service area. Such service includes Containers and Compactors,but does not include
Specialty Hauler Roll-Off Collection Service.
L Compactor shall mean any container that has compactor mechanism(s),whether stationary or mobile,
all-inclusive,
I Construction and Demolition Debris(C&D)shall mean materials generally considered to be non-
water soluble and non-hazardous in nature,including,but not limited to,steel,glass,brick,concrete,
roofing material, PiM gypsum wallboard and lumber from the construction or destruction of a
structure as part or a construction or demolition project. Mixing of a very small amount of wage other
than C&D from the construction site will not automatically cause it to be classified as other than C&D.
K. Container shall mean and include any container designed or intended to be mechanically dumped into
a loader/packer type garbage truck.
L. Contalnerized Residential Recycling Collection Service shall mean the collection of recyclable
materials by the Franchisee from Dwelling Units in the service area that require the use of containers
for the collection of recyclable materials and the delivery of those recyclable materials to the Materials
Recycling Facility.
M. Containerized Residential Solid Waste Collection Service shall mean solid waste collection service
of all Dwelling Units whose Garbage,Rubbish, Bulk Trash or Vegetative Waste are collected by
means of a central or shared Container and not by mesas of a Garbage Receptacle. Vegetative Waste
shall not be commingled with Garbage,Rubbish or Bulk Trash.
N. Contract Administrator shall mean the person designated by the Franchisor who shall act as the
representative of the Franchisor during the term of this Agreement.
O. County shall men Monroe County,Florida.
P. Curbside Residential Recycling Collection Service Shall mean the collection of recyclable materials
by the Franchisee from all Dwelling Units in the service area that also receive curbside Residential
Solid Waste Collection Service for solid waste and other Dwelling Units as are designated by the
9
County, and the delivery of those recyclable materials to the Monroe County Materials Recycling
Facility or other designated transfer station.Residential materials shall not include recycling materials
generated from a commercial business.
Q. Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste Collection
Service for all Dwelling Units whose garbage is collected by mews of a garbage receptacle at curbside
or roadway.
R. Designated Facility shall mean a processing, recycling or transfer facility designated by Monroe
County.
S. Dwelling Unit shall mean any residential living type of structure or building with kitchen facilities
intended for or capable of being utilized for residential living other than a hotel or motel unit.
T. Fiscal Year shall mean,during the term of this Agreement,the period October I of a given year
through September 30 of the following year,
U. Franchisee shaft mean that person or entity that has obtained from the Franchisor a franchise,contract
or permit to provide Residential Solid Wage Collection Service,Commercial Solid Waste Collection
So-vice,and Recycling Collection Service.
V. Franchisor shall mean the Board of County Commissioners of Monroe County,Florida.
W. Garbage shall mean all putrescible waste,generally including,but not limited to,kitchen and table
food waste,animal, vegetative,food or any organic waste that is attendant with or results from the
storage, preparation, cooking or handling of food materials, whether attributable to residential or
commercial activities.
X. Garbage Receptacle shall mean any commonly available light gouge steel,plastic or galvanized
receptacle of non-absorbent material,closed at one end and open at the other,furnished with a closely
fitted top or lid,handle(s)and without any jagged or sharp edges. A garbage receptacle is also defined
as a heavy duty,securely tied plastic bag designed for use as a garbage receptacle. Any receptacle
made from plastic drums with rope handles,at slats cut into the sides for handles,is not an acceptable
garbage receptacle. Any receptacle including waste materials shall not exceed thirty-two(32)gallons
in capacity or fifty(50)pounds in weight,unless a Franchisee implements(with written authorization
from the Contract Administrator or his or her Designee)an automated or semi-automated collection
system requiring the use of some other standard receptacle compatible with the Franchisee's
equipment.
Y. Hazardous Waste means solid waste as defined by the State of Florida Department of Environmental
Protection as a hazardous waste in the State of Florida Administrative Code,Chapter 62-730,or by
any future legislative actions,or by Federal,state or local law.
Z. Hotel or Motel shall mean a structure or building unit(s) with kitchen facilities capable of being
utilized for residential living where such unit or a group of such units is utilized at least fifty percent
(501K)of the time for"Transient Occupancy"as such term is defined in Chapter 509,Florida Statutes,
or its successor law.
AA_Industrial Waste shall mean any solid waste accumulations of metal, metal products, minerals,
chemicals,rock,cement,asphalt,tar,oil,grease,glass,crockery,rubber,fires,bottles,cans,lumber,
sawdust, waste from animal packing or slaughterhouses, or other materials usually created by an
industrial enterprise.
11B.Materfats Recycling Facility(M"shaft mean any facilities operated or managed by, for or on
behalf of the Franebisor for the purpose of receiving,sorting,processing, storing and/or preparing
Recyclable Materials for sale.
CC.Mobile Home shall mean the manufactured homes,trailers,campers and recreational vehicles.
DD.Multi-Family Dwelling Unit shall mean and include any building or structure containing two(2)or
more Dwelling Units under one roof.
EF_Office Paper shall be defined as a mixture of paper products including letter paper,notebook paper,
computer and green bar paper,and other clean paper products.
FF.Non-collection notice shall mean a form used by the Franchisee to notify customers of the rum for
non-collection of materials ad out by the customer for collection by the Franchisee pursuant to the
Contact,developed by the Frauchiacc and approved by the Franchisor.
..............................................................
tl
GG.Permitted Disposal Facility shall mean the place or places specifically designated by the Franchisor
for the disposal of solid waste, and that arc properly permitted by the appropriate state and local
agencies.
HR.Public Awareness Program shall mean that program developed by the Franchisor to inform and
encourage residential and commercial solid waste collection customers to use all solid waste collection
services offered by the Franchisor through the Agreement. It sball also mean information concerning
levels of service and changes in scope of service.
H. Recyclable Materials shall mean newspapers (including inserts); aluminum, #1 - #7 plastic
containers;clear,green and brown glass bottles and jars;corrugated cardboard;kra#i paper bags;office
paper;tin and ferrous cans;automobile tires;and other materials added upon agreement between the
Franchisor and Franchisee.
JL Recycling Can sball mean a rigid,coveted 65 gallon wheeled cart.Recycling container shall mean a
rigid container that holds 18 gallons.Both shall be made of plastic or other suitable substance that is
used for the storage of commingled recyclable materials.
KK.Residential Property shall mean all improved property,or any portion thereof;used as a dwelling unit
and shall include single family dwelling units,apartments,mobile homes and condominiums.
LL.Residential Solid Waste shall mean Garbage,Rubbish,Bulk Trash and Vegetative Waste resulting
from the normal housekeeping activities of a Dwelling Unit. Vegetative Waste shall not be
commingled with Garbage,Rubbish or Hulk Trash.
MM.Residential Recycling Collection Service shall mean Curbside Recycling Collection Service and
Containerized Residential Recycling Collection Service.
NN.Residential Solid Waste Collection Service shall mean service to all Dwelling Units,including,but
not limited to, single-family dwelling units, each living unit in a multi-family dwelling unit,
condominium or cooperative association,each mobile home,whether located in a mobile home park or
on an individual parcel of property whether or not the lot is owned by the mobile home owner and
whether or not the unit has an RV tag,and each timesharing unit.
12 -m
00.Roll-off Collection Service shall mean Specialty Hauler Service as described in the Monroe County
Code Section 21A6,and is the collections of C&D only roll-off containers within temporary locations
in the service area,limited to new construction sites and remodeling or refurbishment sites. Roll-off
Collection Service shall also in=the collection of horticultural,agricultural or vegetative waste from
permitted land clearing sites. Roll-off Collection Service does not include Special Wastes,Garbage or
Recyclable Materials,and is not covered under this Agreement.
PP.Rubbish shall mean all refuse,accumulation of paper,excelsior,rags,wooden or paper boxes and
containers, sweepings, and all other accumulations of a similar nature other than garbage,that are
usual to housekeeping and to the operation of stores,offices and other business places,but shall not
include Vegetative Waste. Also,rubbish shall include any bottles,cans or other containers what,due
to their ability to retain water,may serve as breeding places for mosquitos or other water-breeding
insects.
QQ.Service Area shall mean that portion of the unincorporated area of the County as described in Exhibit
L for which the Franchisee has an executed Collection Agreement,
RR.Single Family Dwelling Unit means a building, mobile home, or portion thcreoi designed for
residential occupancy that is arranged,designed or used as living quarters for only one family.
SS.Sludge shall mean a solid or semi-solid or liquid generated from any wastewater treatment plant,water
supply treatment plant, air pollution control facility, septic tanks, grease traps, portable toilets, or
related operations,or any other such wage having similar characteristics or effects.
TT.Special Services shall mean any services requested or required by the customer that are in addition to,
or a change in,Residential Solid Wage Collection Service,Residential Recycling Collection Scmcc,
Commercial Recycling Collection Service and Commercial Solid Waste Collection Service as set out
or similar to those[Wed in Exhibit V.
UU.Special Waste shall mean those wastes that require extraordinary management. They include,but are
not limited to,automobiles or automobile parts,abandoned automobiles,boats or boat parts,waste oil,
sludge,dead animals,agricultural and industrial waste,septic tank pumpings and Biohazardous and
Hazardous wastes.
............................................................
VV.Vegetative Waste -- Regular shall mean any vegetative matter generated from the yard and
landscaping maintenance of the property of a Dwelling Unit and shall include materials such as tree
and shrub trimmings, grass clippings, palm fronds, small tree branches and other matter usually
produced as refuse in the care of lawns,landscaping and yards,that shall not exceed four feet(4')in
length and/or four inches(4")in diameter,and shall include Christmas trees. Such waste shall be fled
in bundles or placed in containers that arc susceptible to normal loading and collection as other
Residential Solid Waste. If containers are used, they shall meet or exceed. the Franchisor's
specification for such containers. No bundle or filled container shall exceed fifty(54)pounds in
weight.The materials shall not exceed 12"above the top of the container. Regular Vegetative Waste
shall not be commingled with Garbage,Rubbish or Bulk Trash, unless approved in writing by the
County.
"Vegetative,Green or Yard Waste"means leaves,grass,clippings,brush and branches generated from
landscapes or gardens at Residential or Commercial Premises, separated from other Residential Saud
Waste. Green Waste includes Holiday Trees but does not include stumps or branches exceeding four
inches(4")in diameter or four feet(4')in length.
WW. Vegetative Waste—Oversize shall mean large cuttings of vegetative matter that are part of the
normal yard maintenance of a Dwelling Unit,and that cannot be cut for placement in a container or
bundled due to the material exceeding the weight and size restrictions for regular vegetative waste.
Oversize vegetative waste shall be placed neatly at the curb and shall be of a type as to be readily
handled by mechanical collection equipment of the Franchisee and shall not exceed six feet(6')in
length. Oversize Vegetative Waste shall not be commingled with Garbage,Rubbish or Bulk Trash.
Oversize Vegetative Waste does not include any form of matter or debris resulting from commercial
tree removal,land clearing or land development. In the case of a dispute between the Franchisee and a
customer as to what constitutes Oversize Vegetative Waste,the situation will be reviewed and decided
by the Contract Administrator,whose decision will be final.
3. SERVICES PROVIDED BY FRANCHISEE
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 Residential Recycling Collection Service in the Service
Area,as described in Exhibit I. Adjustments to the Service Area boundaries due to municipal annexation or
contraction will be provided by law. No entity except the Franchisee may offer or provide Residential Solid
Waste Collection Service, Commercial Solid Waste Collection Service or Residential 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 agent to the Franchisor to provide Commercial Recycling Collection
Services in the Service Area,where that service is requested by a commercial entity. The Franchisee shall be
responsible for billing and collection of Commercial Recycling Collection services not being billed and collected
by the Franchisor.
B. Responsibility for Service Mail and Collection.
The Franchisor shall be responsible for the billing and payments for Residential Solid Waste
Collection Service. The Franchisee shall provide billing and collection services for Commercial Solid Waste
Collection Services. Billing for Commercial Solid Wage Collection Services shall be reported in the format
designated by the Franchisor's Contract Administrator.
C. Emergency Service ProvWaas.
In the event of a hurricane,tornado,major storm or other natural disaster,the Contract Administrator
may grant the Franchisee a variance from regular mutes and schedules. As soon as practical after such natural
disaster, the Franchisee shall advise the Contract Administrator when it is anticipated normal routes and
schedules can be resumed. The Contract Administrator,in conjunction with the Franchisee,shall make an effort
through the local news media to inform the public when regular services may be resumed.
The clean-up imm some natural disasters may require that the Franchisee hire additional equipment,
employ additional personnel,Or work"!sting personnel an overtime hours to clean debris resulting from the
natural disaster that is not otherwise covered by the County's Disaster Response and Recovery Services
Contract. By December I"of the year that this Agreement is in effect,the Franchisee is requested to provide a
Disaster Preparedness Plan to the Contract Administrator far review and approval. This plan shall include
..................
1,51
provisions for additional manpower and equipment,as well as a proposed rate for collection associated with the
clean-up of natural disasters or other such occurrences. The Franchisee shall update the Disaster Preparedness
Plan by December I'of each year of this Agreement far the Contract Administrator's review and approval. The
Franchisee shall receive extra compensation above the normal compensation contained in this Agreement after
such has been approved by the Board, based on the rate schedule submitted to the Contract Administrator.
Subject to verification of documentation request by the County,payment for these services shall be made by the
Franchisor within ninety(90)days of the receipt of the billing by the Franchisee.The Franchisee must provide
documentation for verification of services as requested by the Franchisor for payment.
The Franchisee shall not be responsible for nor have an obligation to collect,transport or dispose of
debris or other waste material from a hurricane,severe storm or other natural or man-made disaster unless the
County enters into a written agreement with Franchisee specifying the terms and compensation for such services.
Should the parties enter into a written agreement and in the event the storm is declared a disaster such that
FEMA is authorized to participate in managing the cleanup, the Franchisee shall be responsible for the
preparation of all documents and farms and support information required by FEMA. Such documents,forms and
information shall be submitted to the County by the Franchisee within the time limits established by FEMA for
such filings.
D. Service to Select County Agencies.
The Franchisee must collect the solid waste and recyclables normally generated by the County's Fire,
EMS, Monroc County Sheriffs Department, Growth Management and Library facilities located within the
franchise arm at no charge or cost to the County for collection.
In addition, the Franchisee shall be required to provide collection service for up to twelve (12)
community events(e.g.community clean-ups,parades,and other special events)per operating year, at no cost to
the Franchisor,if such collection service is requested by or approved by the Franchisor. The Franchisee shall
provide each event with roll-off containers and/or recycling cuts as appropriate to successfully manage the solid
waste and recycling generated by the specific event The Franchisor shall be responsible only for the cost of
disposal
In addition,the Franchisee shall collect illegal hash piles designated by the County at no charge to the
Franchisor,not to exceed four(4)piles per month. The Franchisor shall be responsible only for the cost of
disposal for these piles. Franchisee shall also provide an aggregate of live (5) roll-off pulls for Franchiser
facilities per month,Ibc Francbisor will pay for the disposal cost of such pulls but there shall be no charge for
. . ........ .................................................
14
the hauling of the rolloff containers.Such direction shall come from the County's solid waste administrator or
designee. The Franchisee shall include the summary of these activities in the monthly reports to the County.
Services set forth in this paragraph D shall not be applicable to hauling materials resulting from storm events.'
4. SOLID WASTE COLLECTION SERVICES
A. Curbside Residential Solid Waste,Vegetative Waste and Bulk Trash Collection Services
(1) Conditions and Frequency of Service
All Curbside Residential Solid Wage and Regular vegetative waste shall be properly containerized
in Garbage Receptacles or otherwise prepared for collection. Vegetative waft shall be separated from
Residential Solid Waste. No filled receptacle or bundle shall exceed fifty(50)pounds in weight. (Regular
vegetative waste will be as defined in Section 2.RR). Curbside Residential Solid Waste Collection Service,
except for permitted holidays,shall be provided twice per week with not less than forty-eight(48)hours or
more thin sevcnty-two(72)hours between regularly scheduled pick-up days. Regular vegetative waste
shall be picked up by the Franchisee not less than once every seven(7)days on a scheduled mule basis.
Oversize vegetative waste and bulk trash as defined in Section 2.SS and 2.0 of this Agreement shall be
picked up by the Franchisec within five(5)business days of notification by the resident of the Dwelling
Unit, Oversize vegetative waste and bulk trash must be placed at the usual accessible pick-up location.
There may be a charge to the resident for oversize vegetative waste,as specified in Exhibit I The resident
"I be required to call the Franchisee for the removal of oversize vegetative waste and Franchisee will
inspect the material and provide a quote for such service,The resident may utilize the service at the quoted
rate or utilize another lawful means or entity to manage the material.
Franchisee agrees not to combine or comingle vegetative waste with solid waste.The Franchisor is
contemplating a separate yard waste processing program and therefore requires the separate collection of
yard waste. The Franchisee shall provide for a twice a week collection of solid waste, once a week
collection of yard waste and once a week collection of recythibles from residents unless otherwise approved
in writing by the County.The separate day of collection of yard waste shall be provided at no additional
cost to the Franchisor.In the event that a yard waste processing program is not implemented by the County,
the Franchisee shall not reject combined or commingled vegetative and solid wage.
----7rT..........................................N. ........
(2) Accessibility
All Residential Solid Waste to be collected shall be placed within six(6)feet of the curb,
paved surface of the madway, closest accessible right-of-way,or other such location agreed to by the
Franchisee,that will provide safe and efficient accessibility to the Franchisee's collection personnel and
vehicle. Enclosures for garbage receptacles shall be within six(6)feet of paved surface or right-of-way.
Fixed or permanent enclosures shall have a shed-side opening for the removal of the garbage receptacle.
Enclosures that do not have a street-side opening shall be limited to thirty-six(36)inches in height. For
purposes of this Agreement,roadway or right-of-way means a mad owned and maintained by the County,
or a road on private property for which an easement has been granted to the public and such mad is
constructed and maintained to County mad standards. Where the resident of a Dwelling Unit is physically
disabled and unable to deliver Residential Solid Waste or vegetative waste to curbside and this is certified
by the Contract Administrator,or the residential structure is located in such a manner as to provide non-
accessibility to the Franchisee's personnel or vehicle,an alternative location may be arranged between the
customer and the Franchisee at no extra cost to the customer. In the event an appropriate location cannot be
agreed upon,the Contract Administrator shall mediate the dispute and designate the location for pick-up. If
the tesident requests special services, these services shall be billed directly to the customer by the
Franchisee in accordance with Exhibit V. Billing for these services shall be reported in a format prescribed
by the Contract Administrator. In the event a special service request is not listed in Exhibit V,charges for
such services shall then be established through negotiations between the Franchisee and the customer. In
the event the customer and the Franchisee cannot reach an agreement on the cost, the Contract
Administrator will determine the cost.
B. Containerized_Residential Solid Waste Collection Service
(1) Conditions and Frequency of Service
The Franchisee shall provide Containerized Residential Solid Waste Collection Service to Multi-
Family Dwelling Units of four(4)or more in the Service Area that are suitable to receive such service and
request such service. The size and location of the container and the frequency of collection shall be determined
by the Franchise:and the residential complex,in accordance with this Agreement. The level of service shall be
sufficient to mect customer needs in a safe and sanitary manner. In the event of an unresolved dispute involving
the level and type of service to be provided,the location and size of Containers or the frequency of service,the
Contract Administrator shall make the final determination. The Franchisee shall be paid the appropriate
container maintenance I fee in accordance with Exhibit 11. A minimum of once per week service is required of
all customers,or such other minimum frequency as provided by law. Service shall not exceed a maximum of
twice per week. Such service"be provided by mechanical container as defined herein.'
C. Commercial Solid Waste Collection Service
(1) Conditions and Frequency of Service
The Franchisee shall collect and dispose of all Commercial Solid Waste in the Service Area,
except Special Waste. A minimum of once per week service is required of all customers,or such other minimum
frequency as provided for by law. Such service shall be provided by mechanical Container as defined herein.
However,where a customer generates less than one(1)one cubic yard of waste per week,Garbage Receptacles
provided by the customer may be utilized The size of the Container and the frequency of collection shall be
determined between the customer and the Franchisee. However,size and firequency shall be sufficient to provide
that no Commercial Solid Waste need be placed outside or above lid level of the Container. Storage capacity
shall be suitable for the amount of waste generated by the customer. In the event the customer and the
Franchisee cannot reach an agreement as to the level and type of service to be provided, the Contract
Administrator shall make a decision binding on both parties,including the location and size of Containers and
the required number of pickups per week.Putrescible waste shall be picked up a minimum of two times per
week.
All Commercial Solid Waste shall be placed in a Container,Compactor or Garbage Receptacle.
Vegetative Waste shall not ne commingled with Garbage. Where Garbage Receptacles are used,they awl be
placed at the roadside or at such other single collection point as may be agreed upon between the Franchisee and
the customer. All Containers or Compactors shall be kept in a safe,accessible location agreed upon between the
Franchisee and the customer. Any Container or Compactor damaged by the Franchisee shall be repaired or
replaced by the Franchisee within seven(7)days.
Compactors may be obtained by customers from any source,provided that such Compactors
are of a type that can be serviced by the Franchisee's equipment The customer shall be completely responsible
for its proper maintenance. Compactor collection frequency shall be a minimum of once per week and shall be
sufficient to contain waste without spillage.
(2) Method of Collecting
Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of
the Container to be agreed upon between the Franchisee and the customer.
................................
(3) Level,Type and Disclosure of Rates for Commercial Collection and Other Services
IL Commercial Collection: The Franchisee shall only charge rates as set forth in Exhibit H or as
otherwise allowed by this Agreement, A written agreement between the Franchisee and the customer shall be
entered into regarding the level and type of service to be provided and manner of collection of fem. The fees
charged to the customer by the Franchisee may vary in accordance with the rate schedule in Exhibit II based on
changes in size of Containers and/or changes in frequency of collection. The terms and conditions of such
agreement shall be in compliance with all provisions of this Agreement The customer shall subscribe to a level
of service sufficient to meet the needs of the customer in a sanitary and efficient rannum However,upon failure
of the parties to reach such as agreement,the Contract Administrator or his or her designee shall establish the
level and type of service to be provided,including the location,size of the Container and number of pick-ups per
week,and the"total rate to be charged within the approved rate limits contained in Exhibit 11. The Franchisee
will be responsible for the billing and collection of Commercial Collections Service except as otherwise provided
in this Agreement
b. Disclosure: The written Agreement between the Franchisee and the customer shall be in a
separate document as specified in Exhibit III.
C, noun or collection
Curbside Residential Solid Waste Collection Service shall be provided between the hours of 5:00 am.
and 6:00 p.m. Monday through Saturday. Dwelling Units receiving Containcrized Residential Solid Waste
Collection Service and non-residential collection sites located adjacent to residential units shall be considered
residential collection and shall only be collected between the hours of 5:00 am.and 6:00 pm.Monday fluotigh
Saturday. Other non-residential locations may be collected at any time. The hours of collection may be
extended due to extraordinary circumstances or conditions with the prior consent of the Contract Administrator.
EL Routes and Schedules
For Residential Solid Waste Collections Service, the Franchisee shall provide the Contract
Administrator,in a format acceptable to the Contract Administrator,the schedules for all Collection routes and
keep such information current at all times. If any changes in the Collection mutes occur,then the Contract
Administrator shall be immediately notified in writing not less than four(4)weeks prior to the change. In the
event of a permanent change in routes or schedules that will alter the day of pick-up,the Franchisee shall
immediately notify the customer(s)affected,in writing or other manner approved by the Contract Administrator,
prior to the change,at no cost to the Franchisor.
5. RECYCLING COLLECTION SERVICE
The Franchisee shall provide Residential Recycling Service and where requested by the customer,
Commercial Recycling Collection Service in the: Service Area. The Franchisor shall be responsible for the
billing and collection of payments for Residential Recycling Collection Service. The Franchisee shall be
responsible for billing and collection of Commercial Recycling Collection Service costs and rccyclables to be
collected. The following Recyclables shall be collected in the Residential recycling collection program,
Newspaper
• High Density Polyethylene (RDPE)/Polydbylcne Tercphthalate (PETE) Colored & Clear
Plastic
• Plastics#1—#7—Plastic lids and caps
• Office and Mixed(junk mail/magazines)Paper
• Chipboard,Cardboard and Phone Books
• Rigid Containers,defined as Aluminum Cans,HOPE and Pet Plastics,Glass(No Blue Glow),
Containers and Bi-Meta!Cans
The Recyclables items listed may be amended by approval of the Contract Administrator,and the parties
agree to negotiate with respect to an adjustment of the rates to reflect any increased or decreased costs.
A. Curbside Residential Recycling Collection Services will be governed by the following terms
and conditions:
(1) Conditions and Frequency of Service
The Franchisee shall provide Curbside Residential Recycling Collection Service to all Dwelling
Units receiving Curbside Residential Solid Waste Collection Service located in the designated Service Area and
to other such Dwelling Units as determined appropriate by the Contract Administrator. This service"be
provided once every week,unless otherwise specified by the Franchiser on a scheduled mute basis that shall
coincide with one of the three regularly scheduled solid waste collection pick-up days,
..................................................................................................................................................................
(2) Accessibility for Curbside Recycling Collection
All Recyclable Materials to be collected shall be in a Recycling Cart and/or Recycling
Container,marked for Recyclable Materials identified with embossment or stickers provided by Franchisee and
shall be placed within six feet(6')of the curb;on a paved surface of the road,in the closest accessible right-of-
way,or other such location agreed to by the Franchisee,that will provide sale and efficient accessibility to the
Franchisee's collection personnel and vehicle. The Franchisee must coUcct as many Recycling Carts and
Containers as the customer may request. Where the customer is physically unable to deliver Recyclable
Materials to curbside,or the Dwelling Unit is located in such a manner as to provide non-accessibility to the
Franchisee's personnel or vehicle, an alternative location may be arranged between the customer and the
Franchisee.
B. Contalnerized Residential Recycling Collection Service will be governed by the following
terms and conditions:
(1) Conditions and Frequency of Service
The Franchisee shall,provide this service to Dwelling Units as are designated by the Franchisor that are
located in the Service Area. This service shall be provided at least once every week an a scheduled route basis
as Be forth in Paragraph 2,below.
(2) Accessibility and Schedule for Contalverized Residential Recycling Collection
All Recyclable Materials to be collected shall be in a Recycling Cart or Container designated for
Recyclable Materials that shall he located in such location and shall be collected on a schedule by the Franchisee
that will provide safe and efficient accessibility to the Franchisee's collection personnel and vehicle. in the event
an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and
designate the location for pick-up.
(3) Multi-Family Premises
Franchisee shall provide recycling cart or bin service for all recyclable materials generated at all
Multi-Family fteniiscs.
C. Commercial Recycling Collection Service
The Franchisee shall perform Commercial Recycling Collection Services on behalf of the Franchisor for any
business in the Service Area where the Franchisee has arranged,negotiated,or contracted for such service,and
Franchisee shall have the right to solicit Commercial Recycling Collection Service agreements with any business
in the Service Am upon terms and conditions consistent with this Agreement,and Franchisee shall provide
loading,collection,transporting and removal services for recovered materials in the Service Area
(1) Conditions and Frequency of Service
The Franchisee shall provide Commercial Recycling Collection Service to all business or
commercial entities located in the designated Service Area. The size and frequency of the Container designated
for Recyclable Materials shall be determined between the customer and the Franchisee.If the customer and
Franchisee cannot agree,the Contract Administrator shall make the decision. However,size and f-cquency shall
be sufficient to provide that no Recyclable Materials need be placed outside the Container. Storage capacity
shall be suitable for the amount of rccyclables generated by the customer. The Franchisee shall provide
Containers as necessary. Containers may be obtained by customers from the Franchisee.The customer shall be
completely responsible for the container's proper maintenance. Container frequency of collection shall be
sufficient to contain the waste without spillage. Compactors may be obtained by customers from any source
provided that such compactor must be of a type that can be serviced by the Franchisee's equipment. The
customer shall be completely responsible for the compactor's maintenance. All Commercial Recyclable
Materials shall be placed in a Container, Compactor or other acceptable Recycling Container. Recyclable
Material shall not be commingled with other solid waste. Where Recycling Carts or Containers are used,they
shall be placed at an accessible location or at such other single collection point as may be agreed upon between
the Franchisee and the customer. All Containers shall be kept in a safe,accessible location agreed upon between
the Franchisee and the customer. Any Container,Recycling Cart or Recycling Container damaged by the
Franchisee shall be repaired or replaced by the Franchisee within seven(T)days.
(2) Level, Type and Disclosure of Rates for Commercial Recycling Collection and
Other Services
A written Agreement between the Franchisee and the customer shall be entered into regarding
the level and type of service to be provided and manner of collection of Pecs. The terms and conditions of such
Agreement shall be in compliance with all provisions of this Franchise Agreement and the term ahall not extend
beyond the term of this Agreement,as stated in Section 1. The customer shall subscribe to a level of service
sufficient to meet the needs of the customer in a sanitary and efficient manner. However,upon failure of the
parties to reach such an agreement,the Contract Administrator,or his or her designee,at the election of the
customer and Franchisee,may establish the level and type of service to be provided,including the location,size
of the Container and number of pick-ups per week and the"total rate"to be changed within the approved rate
limits contained in Exhibit 11. The Franchisee will be responsible for the billing and collection of Commercial
.N.........................................
.
Recycling Collection charges except as otherwise provided in this Agreement, The written Agreement between
the Franchisee and the customer shall be as specified in Exhibit III.
(3) Ownership
Notwithstanding any other provision of this Agreement,a commercial generator of Recyclable Materials
retains ownership of those materials until it donates or sells, or contracts for the donation or sale of, those
materials to another person or entity.Nothing in this Agreement shall prevent a person or entity engaged in the
business of recycling,whether for profit or non-profit, from accepting and transporting Recyclable Materials,
under contract with a commercial generator,from such commercial generator when such Recyclable Materials
have been purchased from or donated by the commercial generator,and no charge is made to or paid by the
commercial generator for the Ioading, collection, transporting or removal of such Recyclable Materials.
Provided,however,that web activities arc subject to applicable state and local public health and safety laws,and
provided that the transporter must report such information to the Franchisor as may be necessary for the
documentation of state-mandated recycling or reduction goals.
U. Method of Payment
The Frrrncbisor will be responsible for the billing and collection of payments for Residential
Recycling Collection Service. Payments from the Franchisor to the Franchisee will be due and paid no later than
the tenth(10")day of the month following service. The initial collection rate per unit per month shall be as set
forth in Exhibit H. This rate shall be adjusted in subsequent years in accordance with Section 6.
The Franchisee shall be responsible for billing and collection of payments for Commercial
Recycling Collection Service,at the rates as set forth in Exhibit II. The rates set forth in Exhibit It shall be
adjusted in subsequent years in accordance with Exhibit 1V.
E. Hours of Collection
Residential Recycling Collection Service shall be conducted between the hours of 5:00 a.m,and
6:00 p.m.,Monday through Saturday. Dwelling Units receiving Containerized Residential Recycling Collection
Service and non-residential collection sites located adjacent to residential units shall be considered residential
collection and shall only be collected between the hours of 5:00 am.and 6:00 p.m.,Monday through Saturday.
In the event of a dispute,the Contract Administrator shall determine the hours of collection.
F. Routes and Schedules
The Franchisee shall provide and keep current with the Contract Administrator, or his or her
designee, in a formst acceptable to the Contract Administrator, an up-to-date mute schedule map for all
Residential Recycling Collection Service mutes. The Franchisee shall notify the Contract Administrator in
Writing of any change in any route schedule four(4)weeks prior to such change
G. Replacement of Recycling Containers for Residential Dweftg Units
(1) Throughout the term of this agreement and any renewal period, the Franchisee will
continue to provide, at its expense, and at residential customers' request one or more Recycling Carts or
containers per Residential Unit for use within the Service Area,The Franchisee shall purchase and provide two
(2)Recycling Containers per Residential Unit for areas where the outs cannot be used, as directed by the
Franchisor.
H. Manner of Collection
The Franchisee shall collect Recyclable Materials with as little disturbance as possible and shall
leave the Recycling Cut,Recycling Containers or Container housing Recyclable Materials at the same point it
was collected. To be eligible for Curbside Residential Recycling Collection Service,Recyclable Materials must
be put in a Recycling Cart or Container. All Recyclable Materials set out by the customer that meet theft
criteria shall be collected.
I. Material Recycling Facility
The Franchisee shall deliver all Recyclable Materials collected from the Service Area to the
facility designated,in writing,by the Contract Administrator. The Franchisee is responsible for the delivery of
clean, non-contarninated Recyclable Materials. Contaminated materials am defined as those materials that
require extensive sorting and/or disposal as determined by the supervisor of the County's recycling facility.
J. Change in Scope of Recycling Collection Service
From time to time,at the sole option of the Franchisor,it may be necessary to modify the scope
of Recyclable Materials that will be included in Recycling Collection Service. Should this occur,the Franchisor
and the Franchisee agree to enter into good faith negotiations to amend this Agreement to reflect the impact of
any such modification.
5- CIIARGES,RATES,AGREEMENT AMOUNT AND LEVELS OF SERVICE
A. Obligation or Franchisor for Billing,Collection and Payments
(1) Specific Resportsiliffities
25IT—,",
The Francbisor or its designee will be responsible for the billing and collection of payments for
Residential Solid Waste Collection Services with the exception of any Special Services provided by the
Franchisee. Billing and collection of these services will be the responsibility ofthc Franchisee.
The Franchisor shall make monthly payments in arrears to the Franchisee for the Residential
Solid Wage Collection Service provided pursuant to this Agreement The Franchisee shall be entitled to
payment for services tendered irrespective of whether the Franchisor collects from customers for such services.
Payments from the Franchisor will be due and paid to the Franchisee no later than the tenth(ID'')day of the
month following the month during which services were rendered. Franchisee shall service all residential units.
If Franchisee is in doubt as whether units are being billed,Franchisee will contact the Contract Administrator.
On or before October 1',and before commencement of work by the Franchisee under the terms
of this Agreement the Franchisor shall provide to the Franchisee the estimated total number of units to be
serviced. By November V of each Fiscal Year,the Franchisor shall provide to the Franchisee a copy of the
annual assessment roll providing a detailed listing of'all the units to receive these services. Thereafter,and for
the duration of this Agreement,the Franchisor shall promptly notify the Franchisee of new residential units to be
served and/or deleted and payment will be adjusted accordingly. New Dwelling Units that are added for service
during the Franchisor's Fiscal Year will be added to the customer service list and payment will be paid by the
Franchisor to the Franchisee in the Franchisee's monthly payment Payment will be prorated based upon the
date of the Certificate ofOccupancy.
(2) Units Omitted from Annual Roll
In the event the Franchisee provides service to Dwelling Units whose parcel was not included on
the annual assessment roll provided by the Franchisor, the Franchisee must provide a written fist of such
Dwelling Units to the Contract Administrator as soon as possible after receipt of the assessment role. Upon
receipt of such written list by the Franchiser,the Contract Administrator will,within thirty(30)days,verify the
customer address and that service to the unit is prow,and, if proper, shall remit monthly payments to the
Franchisee for such service effective as of October I"of the Fiscal Year or the date service began,whichever is
later. The Franchisor reserves the right to correct any errors of omission or commission per the laws and rules
that govern the Franchisor, In the event the Franchisor pays the Franchisee for a residential unit in error,for any
reason,the Franchisee shall notify the Contract Administrator. Upon determination of any overpayment,the
Contract Administrator will verify the error and make an appropriate adjustment to the Franchisee's payment to
correct the error.
B. Solid Waste and Recycling Collection Rate Adjustments
(1) For all Collection services,the charges shall be initially based on the rates established in Exhibit 11,
and as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive periodic
adjustments in the Residential Solid Waste and Recycling Collection Service, and annual
adjustments to the Commercial Recycling Collection Service, and Commercial Solid Waste
CoUcclion Service a as specified herein. The Franchisee shall provide Commercial customers
written notice of a potential rate change in its annual September billing period. The periodic
adjustment shall be made to the combined category of Residential Solid Waste Collection Service
and Residential Recycling Collection Service.The annual adjustment shall be made to the combined
category of Commercial Solid Waste Collection Service and Commercial Recycling Collection
Service, and the CPIU for such shall not exceed 5%annually. CPIU increases beyond 5%shall
require BOCC approval and an amendment to the Agreement,
(2)The adjustment to Residential collection shall be made in accordance with the percentage change in
the Consumer Price Index for all urban consumers("CPIU")for the most recent twelve(12)months
available,ending in February,but shall not exceed 2.5%.
Effective October 1, 2014, contingent upon Board of County Commission approval of the annual rate
adjustments,the Franchisee will receive the specified CPI adjustment.
D. Agreement Amount
(1) Residential: The COUNTY shall pay the Franchisee in current annual funds for the
Franchisee's performance of this Agreement for residential collection services.Funding for years 1-10 of the
residential collection services am estimated as follows,which includes the estimated periodic CPI increases as
allowed and specified herein:
Year I-$355,261 Year 6-$401,945
Year 2-$364,142 Year 7-$411,999
Year 3-$373,246 Year 8-$422,288
Year 4-$382,577 Year 9-5432,851
Year 5-$392,141 Year 10-$443,672
Total Estimated Amount Paid To Franchisee For Residential Services:$3.98 Million
These numbers represent estimated numbers only,and am based on estimated quantities of materials
and allowed annual CPI increases. Actual numbers are expected to vary.Thesc estimates are not meant
''iq............—
as a minimum or maximum amount to be guaranteed under this Agreement on behalf of either the
County or the Franchisee.
E. Compiled Statement of Activities and Certified Annual Audits.
(1)The Franchisee shall deliver to the Franchisor,in a format shown in Exhibit rV,(as may be further
revised by the Contract Administrator from time to time),a compiled Statement of Activities(income statement)
including,at a minimum, the results of operations of the Franchisce for each Service Area. Additionally,an
annual audit report shall be prepared by a Florida Certified Public Accountant (Auditor) who maintains
malpractice insurance,and is a member of the American Institution of Certified Public Accountants(AICPA).
The Auditor shall conduct an audit of the Franchisee's books and records that relate to the Franchise Fee paid to
the Franchisor in accordance with generally accepted accounting standards. Franchisce'Audit reports shall be
submitted to the Franchisor within one hundred and twenty(120)days of the end of the Franchisee's fiscal year.
(2)The Franchisor and Franchisee understand and agree that time is of the essence regarding receipt of
the compiled financial statement and audit reports. Therefore,if the franchisec fails to provide the Franchisor
with the financial statement on or prior to the date prescribed herein,the Franchisee shall pay the Franchiser the
sum of two hundred fifty dollars($250.00)per day for each calendar day the submittal is late. No extension will
be graatted except for uncontrollable irir umstanr es as referred to in Section 2I. No rate adjustments of any type
will be granted to the Franchisee unless all required financial statements have been filed in a timely manner.
E. Solid Waste Disposal and Recycling Processing Costs
Residential solid waste disposal and residential recycling processing costs will be part of the spe ial
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 proscribed by the
Contract Administrator. This monthly billing statement shall be due by noon on the tenth(10)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 same
shall be a criminal offense and shall be considered as a cause for Default under this Agreement as specified in
Article 30 of this Agreement.
F. Extraordinary Rate Adjustment
The Franchisee may petition the Franchisor at any time for an addition rate adjustment on the basis of
extraordinary and unusual changes in the cast of operations that could not reasonably be foreseen by a prudent
operator. The Franchisee's request shall contain substantial proof and justification, as determined by the
Contract Administrator,to support the need for such rate adjustment. The Franchisor may request from the
Franchisee such further information as may be reasonably necessary in making its determination. Tice
Franchisor shall,at its sate option,approve or deny the request,in whole or in part,within sixty(60)days of
receipt of the request and all other additional information required by the Franchisor.
G. Franchise Fee
To compensate for the cost of administration, supervision, inspection, and to fund a Countywide
recycling program,consisting of County staff(labor,benefit and operating cost),public education materials,
brochures,and premiums,rendered for the effective performance of this Agreement,the Franchisee shall pay to
the Franchisor a fee of five percent(5°/a)of all gross revenues charged,collected or received arising out of any
services or operations conducted in the Service Area. Commercial solid waste disposal costs, commercial
recycling collection costs,commercial recycling processing costs,any tevcaue paid to the Franchisee as a results
of the diesel fuel surcharge adjustment per section 6(F),and any credit card convenience fee received by the
Franchisee from customers using credit cards,shall be deducted from the gross revenue total prior to applying
the 5%for calculation of the fianchise fee due to the Franchisor.Fees shall be payable within forty-five(45)
days of the last day of each calendar quarter.
H. Diesel Fuel Surcharge
The Franchisor,at its sole discretion,may authorize the Franchisee to collect a diesel fuel surcharge
adjustment fiom commercial customers for commercial collection activities to reflect any significant changes in
the cost of diesel fuel as determined by reference to the Energy Informant Administration of the US Department
of Energy("EIA/DOE")website that-reports average prices of diesel fuel for the"Lower Atlantic"United States.
The link is as follows„ btto://tonto.cia.doe.gov/ooglWf wo dicscl.asn„ The Franchisee must petition the
County BOCC to make this request,and must provide sufficient documentation to demonstrate that increases in
the price of diesel fuel have occurred. Such petition may not be made unless the price of diesel has raised a
minimum of 10%over that price for diesel fuel existing on the EIA/DOE website for the Lower Atlantic United
States as of the date of the execution of the Agreement("the base fuel pried'). An amendment to this Contract,if
approved by the County BGCC,shall be executed to authorize any such annual or periodic surcharge adjustment
before it is implemented.Such adjustment shall not be requested by the Franchisee prior to year three(3)of the
Agreement.If approved,the Franchisee shall submit to the Franchisor,no later than the 106 of the fallowing
month,a report listing the total number of gallons and cost of diesel fuel purchased in the previous mouth and
includes copies of diesel fuel supplier invoices and individual service area truck fueling tickets.
9
I. Convenience Fee:
In addition to the Special Service Rates charged pursuant to Article 8 and Exhibit V,Franchisee
may include a convenience fee charge on customers using a credit card to pay special service charges. The
convenience fee shall be a"pass through"fee and will not exceed the ice charge by the customer's credit card
company to the Franchisee far the use and processing of the charge.
7. HOLIDAYS
The Monroe County Transfer Stations will be closed on Thanksgiving Day,Christmas Day and New
Year's Day. The Franchisee shall not be required to collect Solid Waste,Vegetative Waste,and Recyclable
Material or maintain office hours only on these designated holidays. Services not provided on the designated
holidays shall resume on the next scheduled service day.
A. Service Fee
If requiring a designate facility to remain open outside its regular business hours the Franchisee shall he
charged a Service Fee of Hundred Fifty Dollars($150.00)per hour for every hour(or portion thereof)the site
remains open.If the roads arc closed due to an act of God or a known accident,such fee shall not apply. The
Franchisee shall notify the Franchisor's Solid Waste Administrator or designee as soon as identified,about any
event such as a disabled,truck,accident,or shortage of staff that will cause delays in the Franchisee's normal
collection schedule and cause the need for the transfer station(s)to remain open past the regular stated closing
time.Franchisee shall provide documentation regarding such event for Franchisor's approval before Franchisor
determines ifa charge is in order.
8. SPECIAL SERVICES
Rates charged for Special Services may not exceed the special services rates as listed in Exhibit V,and
as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive an annual adjustment to the
Special Services Rates in accordance with the percentage change in the Consumer Price Index for all urban
consumers(CPl-U)for the most recent 12 months available,ending in February. In the event the requested
spatial service is not included within Exhibit V,the Franchisee may negotiate with the customer for the rate.
Upon failure of the parties to reach an agreement on the rate,the Contract Administrator shall establish the rate.
The Franchisee shall be responsible for billing and collection ofpayment for all Special Services.
trot .............
Disabled Service. Upon authorization from Franchisor, Franchisee shall provide Disabled Service,
which includes rolling out of containers from the front/side yard,at no additional cost,for accounts associated
with physically disabled individuals who provide a doctoes statement certifying their disabled status and
expected duration,along with a signed,swum statement in a form provided by Franchisee stating that no able-
bodied person is available at the residential premises to bring carts to the collection location.
9. PUBLIC AWARENESS PROGRAM
The Franchisee shall provide the services or activities as set forth in Exhllrit VIL The Franchisee shall
assist the Franchisor with the Public Awareness Program by distributing door hangers,stickers,flyers or other
media to residential and commercial customers as requested by the Franchisor. Additionally, it is the
Franchisee's responsibility to provide information to the Franchisor about those customers who repeatedly do not
prepare or act out their Recyclable Material or solid waste as specified within this Agreement.
The Commercial Recycling customers will also be notified,by the Franchisor through the Franchisee,
about special commercial recycling events,workshops,educational forums and symposiums and other activities,
as needed.
10. MANNER OF COLLECTION
The Franchisee shall collect Residential Solid Waste,Vegetative Waste and Recyclable Materials and
Commercial Solid Waste and Recyclable Materials with as little disturbance as possible and shall leave any
receptacle at the same point it was collected.
Any cart or container damaged by the Franchisee will be replaced by the Franchisee within seven(7)
days,at no cost to the customer,unless otherwise provided within this Agreement. The replacement must be
similar in style,material,quality and capacity. Throwing of any garbage receptacle,container or recycling Cart
or container is prohibited.
To be eligible for pick-up,Residential Solid Waste and Vegetative Waste—Regular must be placed in a
Garbage Receptacle. Vegetative waste—Oversize and Bulk Trash as defined in Sections 2,SS and 2.0 of this
Agreement shall be properly bundled and picked up by the Franchisee within five (5) business days of
notification by the resident of the Dwelling Unit Vegetative Waste—Oversize and Bulk Trash must be placed at
................
........................................................................
ble pick an accessible -up location.Oversize Vegetative Wage will be subject to additional charge as set forth herein,
according to Exhibit 11
11. PERSONNEL OF THE FRANCHISEE
A. The Franchisee shall assign a qualified person or person to be in charge of the operations within
the Service Area and shall give the namc(s)of the person(s)to the Contract Administrator.
B. The Franchisee's solid waste collection employees shall wear a uniform or shirt bearing the
Franchisee's name during operations.
C. Each driver of a collection vehicle shall at all times cam a valid Florida driver's license for the
type of vehicle being driven.
D. The Franchisee's name and office telephone number shall be properly displayed on all solid
waste and recycling collection vehicles and containers provided by the Franchisee.
E. The Franchisee shall provide operating and safety training for all personnel.
F. The Franchisee's employees shall treat all customers in a polite and courteous manner,
12. SPILLAGE
The Franchisee shall not litter or cause any spillage to occur upon the premises or the rigbt-of-way
wherein the collection shall occur. During hauling,all solid waste,vegetative waste and recyclable material shall
be contained,tied,or enclosed so that leaking,spilling and blowing are prevented. In the event of any spillage or
leakage caused by the Franchisee,the Franchisee shall promptly clean up all spillage and leakage at no cost to
the Franchisor.
13. SOLM WASTE AND RECYCLING FACILITIES
All Residential Solid Waste,Commercial Solid Waste,Vegetative Waste and Recyclable Material shall
be delivered to a site or facility designated in writing to the Franchisee by the Contract Administrator, If the
Franchisor should request the Franchisee to deliver to a site or facility that is a greater distance than the nearest
site or facility,the Franchisor shall compensate the Franchisee for such additional directly-related costs based on
1.........................-11.11-1-111�--,-,--,e,.. .......
32
a"cost per truck mile"annually agreed upon by the Franchisor and the Franchisee, The Franchisee shall provide
to the Franchisor by August 1"of each year written notice indicating the estimated cost of operation per truck
mile that shall be in effect for the twelve(12)month period beginning October 1". The Franchisor shall provide
the Franchisee written notice of approval or denial of the proposed cost by August 15°. If denied,the Franchisor
and Franchisee agree to negotiate in good faith and reach agreement regarding the estimated cost per truck mile.
Such agreement shall not be unreasonably withheld by the Franchisor or Franchisee. If an agreement cannot be
reached,the Franchisee may petition the Board of County Commissioners for a final hearing on the denial. Such
decision by the Board Shall be final.
In the event a load of Recyclable Materials delivered to the designated facility contains more than ten
percent(lt)%)by weight of the total load,material that is not Recyclable Material,or there is more than ten
percent(10%)the Franchisee has the right to ttect the load and charge the customer the full disposal fee for
each too within the load The Franchisee may pass this cost through to a commercial customer in the event the
Franchisee can prove the customer caused the contamination to the satisfaction of the customer. In the event ofa
dispute, the Contract Administrator will determine whether the Franchisee or the customer will absorb the
disposal fee. It is the responsibility of the Franchisee to notify the Franchisor of any customer who has on more
than three(3)occasions contaminated the Recyclable Materials.
14. COLLECTION EQUIPMENT
The Franchisee shall have on hand at all times and in good working order such equipment as shall permit
the Franchisee to adequately and efficiently perform the contractual dudes specified in this Agreement. Upon
execution of this Agreement and annually thereafter,the Franchisee shall provide,in a format specified by the
Contract Administrator,a list of the equipment to be used by the Franchisee to provide services relating to this
Agrecn=L Solid Waste collection equipment shall be of the enclosed loader pucker type,or other equipment
that meets industry standards and is approved by the Contact Administrator. All equipment shall be kept in
good repair and appearance and in a sanitary,clean condition at all times,
Recycling Materials collection equipment shall meet industry standards,be reasonably approved by the
Contract Administrator and be compatible for unloading at the designated facility. Equipment utilized for the
collection of Recyclable Materials shall be clearly identified for that purpose. The Franchisee shall have
available reserve equipment that can be put into service the same day as the occurrence of any breakdown. Such
reserve equipment shall correspond in size and capacity to the equipment used by the Franchisee to perform the
duties of this Agreement.
3 . .. .
15. VEGETATIVE WASTE
All Vegetative Waste shall be collected separately from Residential Solid Waste, Commercial Solid
Waste and Recyclable Materials. All tree and shrub trimmings, grass clippings, palm fronds and all tree
branches or other similar loose waste shall be tied in bundles or placed in containers. Oversize Vegetative Waste
must be no more than six feet(6')in length and placed neatly at the curb.
16. SPECIAL WASTE,HAZARDOUS WASTE, BIOLOGICAL WASTE,BIOMEDICAL WASTE
AND SLUDGE
The Franchisee shall not be required to collect and dispose of Special Waste,Hazardous Waste,Biohazardous
Waste,Biomedical Waste or Sludge,but may offer such servicc in the Service Arca. All such collection and
disposal for those types of wastes in this Section are not regulated or exclusive under this Agreement,but if
provided by the Franchisee shall be in strict compliance with all Federal,state and local laws and regulations.
17. OFFICE
The Franchisee shall maintain an office within Monroe County. It shall be equipped with sufficient
telephones,and shall have responsible persons in charge during collection hours,and shall open during normal
business boors, 8:00 a.m, to 2:00p m., Monday through Friday. Franchisee shall maintain a local telephone
number during both normal office hours and after-hours.The Franchisee shall provide an answering machine or
service during non-office hours for the receipt and forwarding of customer inquiries and shall daily check for
messages received during the 2,00 - 5:00 pan, period and promptly respond by the next morning. The
Franchisee shall provide a contact person for the Franchisor to reach during all non-office hours. The contact
person must have the ability to authorize Franchisee operations in the case of Franchisor direction of situations
requiring immediate attention. Franchisee shall provide a local office for response to all customer inquiries.
"Local"shall be defined as an office within the Franchisee's service area..
18. COMPLAINTS
All service complaints shall be directed to the Contract Administrator or the Franchisee. All complaints
received by the Contract Administrator will be forwarded daily to the Franchisee by telephone or other electronic
mesas. All complaints received by the Franchisee shall be recorded on a form approved by the Contract
Administrator. All complaints shall be resolved within twenty-four(24)hours after receipt by the Franchisee.
When a complaint is received on a Saturday or the day preceding a holiday,as specified in this Agreement,it
l
shall be resolved by the Franchisee no later than the next regular working day. If a complaint cannot be resolved
within twenty-four(24)hours„the Contract Administrator shall be notified. Upon resolution,the Franchisee
shall notify the Contract Administrator or his or her dcsigaee of the action taken to resolve the complaint on the
approved form.
The Franchisee shall provide the Contract Administrator a full written explanation of the disposition of
any complaint involving a claim of damage to private or public property as a result of actions of the Franchisee's
employee,agent or subcontractor.
19. QUALITY OF SERVICE
A. It is the intent of this Agreement to ensure that the Franchisee provides a quality level of solid
waste and recycling collection services.
(1) To this end, all complaints received by and/or rrfermd to the Franchisee shall be
promptly resolved pursuant to the provisions of Section I8 of this Agreement.
(2) An access of legitimate complaints shall be a determining factor in the Franchisor's
decision to exercise the renewal option as specified in Section 1. An excess of legitimate complaints shall be
defined as an amount that exceeds two percent(20A)of the total customers served by the Franchiser within the
Service Area during any Franchisor fiscal year. The legitimacy of a complaint shall be determined by the
Contract Administrator or his or her designee.
(3) Any occurrence of the following actions on the part of the Franchisee shall result in an
assessment of liquidated damages with the designated amount deducted from payments due or to become due to
the Franchisee:
L Im roperActlans IL Liquidated D2
a. Failure to collect missed customers by 6:00 p.m.the same day when $25.00 per incident to a
given notice before noon,or by 12:00 noon the following day when maximum of$150.00 per
given notice between 12:00 noon and 5:00 p.m. truck per day
b. Legitimate complaints over ten(10)per month $150.00 per Incident
c. Collection of Residential Solid Waste and/or Recyclables before 5:00 $150.00 per incident
a.m.or after 6:00 p.m.
d. Commingling Solid Waste with Vegetative Waste,Recyclable Materials, $150.00per incident
C&0 Materials,or other waste material
c. Failure to clean spillage $150.00per Incident
11 Failure to replace damaged container within seven days(two days for $150.00per incident
mwwww.............. m... ..........„..„WWWW WWWWWWW
residential)
g. Failure to return containers or garbage receptacles to original location $150.00 per Incident
h. Failure to repair damage to customer property $150.00 per incident
i. Reserved for future use
j. Failure to comply with designated facility regulations $150.00per incident
k. Failure to provide clean,safe and sanitary equipment $150.00 per incident
1. Failure to maintain office hours as required $150.00 per incident
m. Operator not licensed $150.00 per Incident
n. Failure to provide documents and reports In a timely and accurate $150.00 per Incident
manner
o. Failure to cover materials,If appropriate,on collection vehide(s) $150.00 per incident
p. Name and phone number not displayed on equipment or containers $150.00 per incident
q. Providing exclusively prohibited service In another Franchisee's area, $150.00 per Incident
without prior authorization by the contract Administrator
r. Not providing schedule and route maps $150.00 per incident
s. Excessive noise generated by service equipment and/or personnel $150.00 per Incident
t. Using improper truck to service commercial or residential customer $150.00 per Incident
u. Failure to submit disclosure notice to customer or contract $150.00 per incident
Administrator
v. Failure to report recycling activity monthly(on or before the loth day of $150.00 per incident
the following month)In the format determined by the Franchisor,for
the purpose of tracking and verifying County-wide recycling activity
w. Failure to offer a corresponding reduction in the level of solid waste $150.00 per incident
service with the implementation of commercial recycling
x. Failure to submit the financial statements,reports and other $1000.00 per calendar
Information as required under this Agreement by the prescribed date day
y. Failure to respond to complaints and customer calls,including $150.00 per incident
commercial recycling customers,In a timely and appropriate manner
tt ...........w...W..
z. Failure to complete a route on the regularly scheduled pick-up day $1,000 for each route per
day not completed
aa. Failure to deliver any Residential or Commercial Solid Waste,Vegetative $1,000 for 1"offense;
Waste or Recyclable Materials to designated facility „�
$2,500 for 2 offense;
Loss of franchise for Yd
offense
bb. Failure to provide proper notification prior to residential route changes $1,000 per incident
cc. Failure to finish the uncompleted route(s)of the previous day on the $1,500 for each failure to
next calendar day complete
The Contract Administrator may assess charges pursuant to this Section, The Franchisee will be notified
in writing of the administrative charges assessed and the basis for each assessment. In the event the Franchisee
wishes to contest any such assessment,it shall within five(5)days after receiving such notice,request in writing
an opportunity to be heard by the Contract Administrator and present its defense to such assessment. The
assessment will only be deducted following a determination by the Contract Administrator. The decision of the
Contract Administrator will be final.
20. FILING OF REQUESTED INFORMATION AND DOCUMENTS
A. In addition to any otber requirements of this Agreement,the Franchisee shall be repaired to file
pertinent statistical and aggregate cost information pertaining to solid waste,yard waste and recycling collection
services that is requested by the Franchisor to comply with the provisions of Chapter 403,F.S,,as amended,and
any other pertinent laws and regulations. The Franchisee will also be required to submit a monthly operations
report in a format prescribed by the Contract Administrator. The results of all solid waste, yard waste and
recycling activity conducted by the Franchisee in the Service Area during each month,residential or commercial,
shall be reported accurately to the Franchisor in a format and such dates as specified by the Franchisor,on or
before the l0i°day of the following month.
B. The Franchisee shall file and keep current with the FmnchLwr documents and reports required
by this Agreement. By September 1"of each year this Agreement is in effect,the Franchisee shall ensure and
certify to the Franchisor that all required documents such as,but not limited to,certificates of insurance,audits,
performance bonds or letter of credit, route schedules and maps, driver's license certifications, and lists of
collection equipment vehicles arc current and on file with the Franchisor. Failure to file any document or report
:tom .. �w..w............�
within five(5)worldng days of the required filing date,except where granted an extension by the Contract
Administrator,may result in the levy of liquidated damages as provided in Section 19.
21. UNCONTROLLABLE CIRCUMSTANCES
Neither the Franchisor nor Franchisce shall be considered to be in default of this Agreement if delays in
or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence,the non-performing party could not avoid.
Neither party shall,however,be excused from performance if non-performance is due to form that are
preventable, removable, or remediable and that the non-performing party could have, with the exercise of
reasonable diligence,prevented,removed or remedied with reasonable dispatch. The non-performing party shall,
within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
22. PERMITS AND LICENSES
The Franchisee shall obtain, at its own expense, all PC71nits and licenses required by law for the
Franchisee's operation under this Agreement and maintain the same in full force and effect.
23. PERFORMANCE BOND
The Franchisee shall furnish to the Franchisor a performance bond executed by a surety company
licensed to do business in the State of Florida and/or a clean irrevocable letter of credit issued by a bank within
Monroe County to ensure the faithful performance of this Agreement and all obligations arising hereunder in the
appropriate amount determined in accordance with Exhibit VT. As to the clean irrevocable letter of credit or
bond provided hereunder,each may be substituted for the other upon approval by the Franchisor. The form of
this bond or letter of credit,and the Surety Company,shall be acceptable to the Franchisors attorney,and shall
be maintained during the term of this Agreement. The bond shall be endorsed to show the Fmachisor,a political
subdivision of the State of Florida;and shall also provide that bonds shall not be canceled, limited or non-
renewed until after thirty(30)days written notice have been given to the Franchisor. Current performance bonds
evidencing required coverage must be on file at all times,
...........-----------------
24. WORKERS'COMPENSATION INSURANCE
Workers' Compensation Insurance coverage must be maintained in accordance with statutory
requirements,as must be Employer's Liability Coverage in an amount not less than$1,000,000.00 per incident.
The full Workers'Compensation requirements are specified in Exhibit VW.
25. GENERAL,AUTOMOBILE LIABILITY INSURANCE
A.The Franchisee shall,during the term of this Agreement and any extensions bereof,maintain in full
farce and effect General and Automobile liability insunmcc that specifically covers all exposures incident to the
Franchisee's operation under this Agreement. Such insurance shall be with a company rated"A"or better by
Hest Rating Service.The amount for General Liability shell be in an amount of not less than 51,000,000.00
Combined Single Limit for personal injury,including death,and property damage Hability and shall include,but
not be limited to,coverage for Premises/Operations,Products/Completed Operations,Contractual(to support the
Franchisee's agreement or indemnity),and Fire Legal Liability.
B.The amount for Automobile Liability shaU be$500,000 per person,$1,000,000 per occurrence. The
General Liability and Automobile Liability full coverages are specified in Exhibit VIII.
C.Policies shall be endorsed to show the Franchiser,a political subdivision of the State of Florida,as an
additional insured as its interests may appear,and shall also provide that insurance shall not be canceled,limited
or non-renewed until after thirty(30)days written notice have been given to the Franchisor. Current certificates
of insurance evidencing required coverage must be on file with the Franchisor at all times. Franchisee expressly
understands and agrees that any insurance protection furnished by Franchisee shall in no way limit its
responsibility to indemnify and save harmless Franchisor under the provisions of Section 26 of this Agreement.
26. MEMNITY
A. GENERAL INDEMNIFICATION: Franchisee shall indemnify, defend, save and hold harmless the
Franchisor,its officers,agents and employees,harmless from any and all claims,damages,losses,liabilities and
expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have
arisca out of or in consequence of the products,goods or services furnished by or operations of Franchisee or his
Subcontractors, agents, officers, employees or independent contractors pursuant to the Contract, specifically
including but not limited to those caused by or arising out of(a)any negligent or wrongful act,omission or
default of Franchisee and/or his subcontractors, agents,servants or employees in the provision of the goods
and/or services under the Contract;(b)any and all bodily injuries,sickness,disease or death-, (c)injury to or
destruction of tangible property, including the loss of use resulting therefrom; (d) the use of any improper
materials,(e)a defective condition in any goods provided pursuant to the contract,whether patent or Intent;M
the violation of any federal, state, County or municipal laws, ordinances or regulations by Franchisee, his
subcontractors, agents, servants, independent contractors or employees; (g) the breach or alleged breach by
Franchisee of any tam, warranty or guarantee of the Contract. This indemnification shall not apply to the
negligent or wrongful acts,omissions or defaults caused by the Franchisor,its employees,or agents.Franchisor
shall give prompt notice of any claim for which Franchisee may he obligated to provide indemnification.
Franchisee shall pay all claims, losses, Hens, settlements or judgments of any nature whatsoever in
connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees},paralegal expenses,and costs.Franchisee shall determine the acceptability
or non-acceptability of any offer, proposal or settlement in any matter for which it is obligated to provide
indemnity to the Franchisor under this Section.
Franchisee shall select its own legal counsel to conduct any dcfmsc in any such proceeding,subject to
the reasonable approval of Franchisor,and all costs and fees associated therewith shall be the responsibility of
Franchisee under the indemnification agreement.Nothing contained herein is intended nor shall it be construed
to waive Franchisor's rights and immunities under the common law or Florida Statute 768.28,as amended from
time to time.
27. ACCESS TO FRANCHISEE'S BOOKS AND RECORDS
The Franchisee shall maintain within Monme County adequate records of all Solid Waste collection and
recycling services. The Franchisor or its designees shall have the right to review all records maintained by the
Franchisee upon twenty-four(24)hours written notice. If the Franchisor shall determine a need for same and
upon 120 days' written notice by the Franchisor in the year following the Franchisee's fiscal year, hereby
defined as January I through D==bcr 31 financial statements will be prepared by the Florida independent
certified public accounting firm prepared in accordance with generally accepted account principles,pertaining
only to each individual Collection Agreement and Service Area,shall be delivered to the Franchisor no later than
April 30 of the year following the Franchisee's fiscal year,hereby defined as January I through December 31,
No cxl=-ioo3 will be 2mnted.exccvt for uncontrollable circumstances as referred to in Section 21, No rate
adjustments of any type will be granted to the Franchisee unless all required financial statements have been filed
in a timely manner. Franchisee shall maintain all books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party of this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other part to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies to be paid to the Franchisor were insufficient or incorrect,then the
Franchisee shall pay the deficient or correct amount to the Franchisor together with interest calculated pursuant
to Sec.55.03,FS,running from the date the monies were to be paid to the Franchisor.
28. POINT OF CONTACT
Ali dealings,contacts,notices and payments between the Franchisee and the Franchisor shall be directed
by the Franchisee to the Contract Administrator.
29, NOTICE
Except where otherwise noted herein,any communication required for any purpose in this Agreement
shall be in writing and delivered with a signed receipt,as follows:
As to the Franchisor. Monroe County
Solid Waste Management Department
1100 Simonton Street,Room 2-231
Key West,FL 33040
Attention: Contract Administrator
As to the Franchisee: THE OCEAN REEF CLUB,INC.dba OCEAN REEF CLUB
35 Ocean Reef Drive,#200
Key Largo,FL 33037
30. DEFAULT OF CONTRACT
A. The Franchisor may cancel this Franchise Agreement,except as otherwise provided below in
this Section,by giving Franchisee thirty(30)days advance written notice,to be served as hereafter provided,
upon the happening of any one of the following events:
ti -- —-
(1) Franchisee shall take the benefit of any present or future insolvency statute, or sball
make a general assignment for the benefit of creditors,or file a voluntary petition in bankruptcy or a petition or
answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal
Bankruptcy laws or under any other law or statute of the United States or any state thereof,or consent to the
appointment of receiver,trustee or liquidator of all or substantially all of its property,or
(2) By order or decree of a cowl,Franchisee shall be adjudged bankrupt or an order shall be
made approving a petition filed by any ofits creditors or by any of the stockholders of the Franchisee,seeking its
reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or
statute of the United States or of any gate thereof,provided that if any such judgment or order is stayed or
vacated within sixty(60)days after the entry thcreof,any notice of cancellation shall become null,void and of no
effect,unless such stayed judgment or order is reinstated,in which case said default shall be deemed immediate;
or
(3) By or pursuant to or under authority of any legislative act,resolution or rule,or any
order or decree of any court or governmental board,agency or office having jurisdiction,a receiver,trustee or
liquidator shall Ww possession or control of all or substantially all of the property of the Franchisee,and such
possession or control"continue in effect for a period of sixty(60)days;or
(4) The Franchisee has defaulted,by failing or refusing to perform or observe the tam,
conditions of or covenants in this Agreement or any of the rules and regulations promulgated by the Franchisor
pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the Contract
Administrator relative thereto,and add default is not cured within thirty(30)days of receipt of written notice by
Franchisor to do so,at if by reason of the nature of such default the same cannot be remedied within thirty(30)
days following receipt by Franchisee of written demand from Franchisor to do so,Franchisee fails to commence
the remedy of such default within said thirty(30)days following such written notice,or having so commenced
shall fail thereafter to continue with diligence the curing thereof(with Franchisee having the burden of proof to
demonstrate (a]that the default cannot be cured within thirty (30) days,and [b] that it is proceeding with
diligence to ewe said default,and such default will be cured within a reasonable period oftime,
B. However, notwithstanding anything contained herein to the contrary, for the failure of
Franchisee to provide Collection Service for a period of three (3) consecutive scheduled working days,the
Franchisor may secure the Franchisee's billing records on the fourth(4d)working day in order to provide interim
collection services until such time as the matter is resolved and the Franchisee is again able to perform pursuant
to this Franchise Agreement;provided,however,if the Franchisee is unable for any reason or cause to resume
perfbmunce at the end of thirty(30)working days all liability of the Franchisor under this Agreement to the
Franchisee shall cease and this Agreement may he deemed immediately terminated by the Franchisor.
C. Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under this Section,in the event that Franchisee's record of performance shows that Franchisee has
frequently,regularly or repetitively defaulted in the performance of any of the covenants and conditions required
herein to be kept and performed by Franchisee,in the opinion of Franchisor and regardless whether Franchisee
has corrected each individual condition of default,Franchisee shall be deemed a"habitual violator",shall forfeit
the right to any ftuther notice or grace period to correct,and all of said defaults shall he considered cumulative
and collectively shall constitute a condition of irredeemable default, The Franchisor shall thereupon issue
Franchisee final warning citing the circumstances therefore,and any single default by Franchisee of whatever
nature, subsequent to the occurrence of the last of said cumulative defaults,shall be grounds for immediate
termination of this Agreement In the event of any such subsequent default,Franchiser may terminate this
Franchise Agreement upon the giving of written Final Notice to Franchisee, such cancellation to be effective
upon the fifteenth(15*)consecutive calendar day following the date of Final Notice,and all contractual fees due
hereunder plus any and all charges and interest shall be payable to said date,and Franchisee shall have no fiathcr
rights hereunder. Immediately upon receipt of said Final Notice,Franchisee shall proceed to cease any further
performance under this Franchise Agreement.
D. In the event of the aforesaid events specified in Paragraphs A,B and C,above,and except as
otherwise provided in said paragraphs,termination shall be effective upon the date specified in Franchisor's
written notice to Franchisee and upon said date this Agreement shall be deemed immediately terminated and
upon such termination all liability of the Franchisor to the Franchisee under this Agreement shall cease and the
Franchisor shall have the right to call the performance bond and"be five to negotiate with other contractors
for the operation of the herein-specified services, The Franchisee for failure to perform shall reimburse the
Franchisor all direct and indirect costs of providing interim collection service.
31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR CHANGE IN LAW
The Franchisor shall have the power to make changes to 099 Agreement as the result of changes in law
and to impose new and reasonable rules and regulations on the Franchisee under this Franchise Agreement
relative to the method of collection and disposal of Garbage, Rubbisb, Bulk Trash, Vegetative Waste, or
Recyclable Materials as shall from time to time be necessary and desirable for the public welfare. The
Franchisor shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard
concerning those matters. The method of collection and disposal of Solid Waste and Recyclables,as referenced
herein,shall also be liberally construed to include,but not be limited to,the manner,procedures,operations and
obligations,financial or otherwise,of the Franchism
The Franchisor and Franchisee understand and agree that the Florida Legislature fiom time to time has
trade comprehensive changes in Solid Waste Management legislation and that theca and other changes in law in
the future,whether Federal,state or local,mandating certain actions or programs for counties or municipalities
may require changes or modifications in some of the tem. conditions or obligations under this Agreement.
Nothing contained in this Agreement shall regquire any party to perform any act or funcdion contrary to law.
The Franchisor and Franchisee agree to enter into good faith negotiations regarding modifications to this
Agreement that may be required in order to implement changes in the interest of the public welfare or due to
change in law.
32, RIGHT TO REQUIRE PERFORMANCE
The failure of the Franchisor at any time to require performance by the Franchisee of any provisions
hereof shall in noway affect the right of the Franchisor thereafter to enforce the same. Nor shall waiver by the
Franchisor of any breach of any provisions hereof be held to be waiver of any succeeding breach of such
provisions or as a waiver of any provision itself,
33. TITLE TO WASTE
The Franchisor shall at all times hold title and ownership to all Residential and Commercial Solid Waste,
Vegetative Waste,Rubbish,Recyclable Material and all other waste collected by the Franchisee pursuant to this
Agreement.
34. GOVERNING LAW,VENUE,INTERPRETATION,COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contract made and to be performed entirely in the State.
In the event any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement,the Franchisor and Franchisee agree that venue will lic in the appropriate court
or before the appropriate administrative body in Monroe County,Florida
44
The Franchiser and Franchisee agree that,in the event of conflicting interpretations of the terms or a
tam of this Agreement by or between them,the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding.This Agreement shall not be subject to arbitration.
35. COMPLIANCE WITS LAWS
The Franchisee shall conduct operations under this Agreement in compliance with all applicable laws,
rules and regulations.
36. SEVERABUM
If any term, covenant condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction,the remaining terms,covenants,conditions and provisions of this Agreement shall not be affected
thcrcby:, and each remaining term, covenant, condition and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law unless the enforcement of the remaining term, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The Franchisor and Franchisee agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision,
37. ASSIGNMENT AND SUBLETTING
A.The Franchisee shall not assign or dispose of the Franchise granted by this Agreement by sale,lease,
mortgage or otherwise transfer it in any manner whatsoever without the express written consent of the
Franchisor.- The Franchisor shall have full disezzlion to approve or deny,with or without cause,any proposed
assignment or assignment by the Franchisee. Such approval shall not be unreasonably withhold by the
Franchisor.If such assignment is approved by the Franchisor,the Franchisee shall pay an assignment fee to the
Franchiser. Any assignment of this Agreement made by the Franchisee without the express written consent of
the Franchisor shall be null and void and shall be grounds for the Franchisor to declare a default of this
Agreement and immediately terminate this Agreement by giving written notice to the Francbiscc,and upon the
date of such notice this Agreement shall be dc=cd immediately terminated, and upon such termination all
liability of the Franchisor under this Agreement to the Franchisee shall cease,and Franchisor shall have the right
to call the Performance bond and shall be free to negotiate with other Franchisees or any other person or
company for the service of the Franchise area that is the subject of this Agreement. In the event of any
assignment,assignee shall fiffly assume all the liabilities of the Franchisee.
187T.................................................................................................................................................-,.............................................................
B. It is the intent of the parties that no Franchisee,by itself or through its parent(s)or holding
companies,shall at any time holds or have control of more than two(2)Solid Waste and Recycling Collection
Franchise Agreements with the Franchisor,
C. Upon written notification to and subject to written approval by the County,the Franchisee may
subcontract or authorize performance of the Work. Such written request shall include the name(s)and work
history of the subcontractor(s) and the desired length of the work period for which they will be providing
services. The Franchisee guarantees compliance by such subcontractors and assignees with the requirements of
this Agreement,including insurance,copies of which shell be provided by the subcontractors or assignees to the
Franchisor. The Franchisor shall not unreasonably withhold approval of any requested subcontract This
paragraph shell also be incorporated by reference into any assignment or subcontract and the assignee or
subcontractor shall comply with any and all of the provisions of Us Agreement Unless expressly provided for
herein,such approval shell in no rn-anner or event be deemed to impose any obligation upon the Franchisor.
D. For purposes of this Section,a parent or holding company shall mean any person,corporation or
company holding,owning or in control of more than tan percent(10%)of the stock or the financial interest in the
Franchisee.
39. MODIFICATIONS
This Agreement constitutes the entire contract and understanding between the parties hereto,and it shall
not be considered modified,altered, changed or amended in any respect unless in writing and signed by the
parties hereto.
39. INDEPENDENCE OF AGREENMff
Except as otherwise noted in Section 3A it is understood and agreed that nothing herein contained is intended or
should be construed as in any way establishing the relationship of co-partners between the parties hereto,or as
constituting the Franchisee as the agent, representative or employee of the Franchisor for any purpose
whatsoever, The Franchisee is to be and shall remain an independent Franchisee with respect to all service
performed under this Agreement. The Franchisee, its agents and employees are strictly considered to be
independent contractors s in their performance ofthe work contemplated hereunder. As such,the Franchisee,its
agents and employees shall not be entitled to any of the benefits,rights or privileges of County employees, Tbc
..........
provider shall at all times exercise indepeaden4 professional judgment and Shall assume professional
responsibility for the services to be provided.
40. MUNICIPALITIES'OPTION TO BE COVERED BY CONTRACT
Ile Franchisee shall have the right of first refusal to provide Residential Solid Waste Collection
Services to any municipality in the County located adjacent to and contiguous with its Service Area boundaries
under the same terms,conditions and rates of compensation as provided for under the tam of this Franchise
Agreement The County and a municipality that elects to be covered by this Franchise Agreement shall enter
into an interlocal agreement regarding the participation of the municipality. Municipalities currently being
served by a Franchisee under the tam and conditions of the prior franchise agreement shall continue to be
saved by those franchisees under the provisions of this Franchise Agreement.
41. OTEER RATE ADJUSTMENTS
Non-performance of this Franchise Agreement or a request for a rate increase, either of which are
attributed to the Franchisee accepting the Franchise Agreement award at an insufficiently low rate,shall result in
cancellation of all solid waste and recycling collection Franchise Agreements for all service areas entered into
with the Franchisee.
42. EXISTING OR PRIOR AGREEMENTS
The terms and conditions of this Agreement supersede the terms, obligations and conditions of any
existing or prior agreement or understanding, written or verbal, between the parties regarding the work
performed,compensation to be paid,and all other matters contained herein,
43. ATTORNEY'S FEES AND COSTS
The Franchisor and Franchisee agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing
party shall be entitled to reasonable attomey's fees,court costs,investigative and out-of-pocket expenses,as an
award against the non-prevailing party,and shall include attomey's fees,court Costs,investigative and out-of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement WWI be in accordance with Florida Rules of Civil Procedure and usual and customary procedures
required by the Circuit Court of Monroe County.
44. BINDING EFFECT
The terms,covenants,conditions and provisions of this Agreement shall bind and inure to the benefit of
the Franchisor and Franchisee and their respective legal representatives,successors and assigns.
45. AUTHORITY
Each pity represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate actions,as required by law.
46. CLAIMS FOR FEDERAL OR STATE AID
Franchisor and Franchisee agree that each shall be, and is,empowered to apply for,seek and obtain
Federal and state funds to further the purpose of this Agreement,provided that all applications,requests,grant
proposals and funding solicitations shall be approved by each party prior to submission.
47. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
Franchiser and Franchisee agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of the parties. If no resolution can be agreed upon within thirty
(30)days after the first meet and confer session,the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues am still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
48. NONDISCRIMINATION
The Franchisee agrees to comply with the requirements of all applicable non-discrimination and equal
employment opportunity statutes,ordinances and laws.The Franchisor and Franchisee agree that them will be no
unlawful discrimination against any person,and it is expressly understood that upon a determination by a court
of competent jurisdiction that unlawful discrimination has occurred and has not been cured or resolved by way of
settlement or other resolution,this Agreement automatically terminates without any further action on the pan of
any party,effective the date of the final and non-appealable court order.
......................
7lic Franchisor or Franchisee agrees to comply with all Federal and Florida statutes, and all local
ordinances,as applicable,relating to nondiscrimination. These include but are not limited to:(1)Title VI of the
Civil Rights Act of 1964(M 88-352)which prohibits discrimination on the basis of race,color and national
origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. a. 794), which prohibits
discrimination on the basis of handicap; (3)The Age Discrimination Act of 1975,as amended(42 U.S.C.ss.
6101-6107),which prohibits discrimination on the basis of age;(4)The Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The
Comprehensive Alcohol Abuse And Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L 91-
616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6)The Public
Health Service Act of 1912, as, 523 and 527,(42 U.S.C. 290 dd-3 and 290 ee-3),as amended, relating to
confidentiality of alcohol and drug abuse patient records;(7)The American with Disabilities Act of 1990(42
U.S.C, s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability-,(8)The Florida Civil Rights Act of 1992,(Chapter 760,Florida Statuses,and Section 509.092,Florida
Statutes),as may be amended from time to time,relating to nondiscrimination;' (9)The Monme County Human
Rights Ordinance:(Chapter 13,Article VI,Sections 13-101 through 13-130),as may be amended from time to
time,relating to nondiscrimination; and(10) any other nondiscrimination provisions in any Fcdcral or state
statues or local ordinances that may apply to the parties to,or the subject matter of,this Agreement.
49. COOPERATION
In the event any administrative or legal proceeding is instituted against either patty relating to the
formation,execution,performance or breach of this Agreement,Franchisor and Franchisee agree to participate,
to the extent required by the other party,in all proceedings,hearings,processes,meetings and other activities
related to the substance of this Agr=mcnt or provision of the services under this AgtcemcnL Franchisor and
Franchiser specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement or any Attachment or Amendment to this Agreement.
50. COVENANT OF NO MEREST
Franchisor and Franchisee covenant that neither presently has any interest and dWI not acquire any
interest,that would conflict in any manner or degree with its performance under this Agreement, and that the
only interest of each is to perform and receive benefits as recited in this Agreement.
51. CODE OFE7WCS
The Franchisor agrees that the officers and employees of the Franchisor recognize and will be required
to comply with the standards of conduct relating to public officers and employees as delineated in Section
112.313,Florida Statutes,regarding,but not limited to,solicitation or acceptance of gifts,doing business with
one's agency, unauthorized compensation, misuse of public position, conflicting employment or contractual
relationship,and disclosure or use of certain information.
52. NO SOLICITATION OR PAYMENT
Each of Franchiser and Franchisee warrants that,in respect to itself,it has neither employed nor retained
any company or person,other than a bona fide employee working solely for it,to solicit or secure this Agreement
and that it has not paid or agreed to pay any person,company,corporation,individual or firm,other than a bona
fide employee working solely for it,any fee,commission,percentage, gift,or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of this provision,the
Franchisee agrees that the Franchisor shall have the right to terminate this Agreement without liability and,at its
discretion, to offict from monies owed, or to otherwise recover, the full amount of such fee, commission,
percentage,gift or consideration.
53, ]PUBLIC ACCESS
Franchisor and Franchisee shall allow and permit reasonable access to,and inspection of,all documents,
papers,letters or other materials subject to the Provisions of Chapter 119,Florida Statutes,and made or received
by Franchisor and Franchisee in conjunction with this Agreement.Pursuant to F.S.119.0701,Franchisee and its
subcontractors shall comply with all Public records laws of the State of Florida,including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by Monroc
County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe County
would provide the records and at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer,at no cost,to Monroe County all
public records in possession of the Franchisee upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to Monroe County in a format that is compatible with
the information technology systems of Monroe County,
Violation ofthis subsection is considered a default under this Agreement and shall be addressed as set forth in
paragraph 30 above
54. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 76828,Florida Statutes,the participation of the Franchisor
and Franchiocc in this Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage,nor shall any contract entered into by the Franchisor be required to
contain any provision for waiver.
55. PRIVILEGES AND I34AWNITIES
All of the privileges and immunities from liability,exemptions from laws,ordinances and rules,and
pensions and relief,disability, workers'compensation and other benefits that apply to the activity of officers,
agents, volunteers or employees of the Franchisor, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers,agents,volunteers or employees outside the territorial
limits of the County.
56. LEGAL OBLIGATIONS AND RESPONSIBILITIES; NON-DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any other participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, not shall it be
construed as,authorizing the delegation of the constitutional or statutory duties of the Franchisor,except to the
extent permitted by the Florida Constitution,state statutes,case law,and,specifically,the provisions of Chapters
125 and 163,Florida Statutes.
57. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the tcrma,or any of them,of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Franchisor and Franchisee agree that neither the Franchisor or Franchisee,or any agent
officer or employee of either shall have the authority to inform,counselor otherwise indicate that any particular
individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to, the community in gencral or for the purposes contemplated in this
Agreement
58. ATTESTATIONS
Franchisee agrees to execute such documents as the Franchisor may reasonably require, including a
Public Entity Crime Statement,and Ethics Statement,and a Drag-Free Workplace Statement
59, NO PERSONAL LIABELrff
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member,cfficcr,agent or employee of Monroe County in his or her individual capacity,and no member,officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personsl
liability or accountability by reason of the execution of this Agreement
60. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts,each of which shall be regarded as an
original,all of which taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
61. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,and
it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation
of any provision of this Agreement
............................
IN WITNESS WHEREOF,the parties hereto have caused this Franchise Agreement to be executed by their
respective authorized representatives as of the date first above written.
(SEAL) BOARD OF COUNTY COMUSSIONERS OF
ATTEST: AMY HEAVU-IN,CLERK MONROE COUNTY FLORIDA
BY
Deputy Clerk Mayor/Chairpmon
(SEAL) THE OCEAN REEF CLUB, INC dba OCEAN REEF
CLUB
ATTEST
til
7 30-At
B
y
BY
Tide:
WC01MCNIEEMN
VVIM,
&WW If*TIM
MONROE COUNTY ATTORNEY
APPROVED AS T?FORM:
n,ST$m M J0AqzRT-sARn0WS
ASSI TTOANEY
Date
.......... .....................
,'I
EXHMrr I
DWRIMON OF BOtMM&M OF SUMCE AREA
Unincorporated Monroe area known as Ocean Reef.
Exhibit U—APPROVED RATE SCHEDULE
...............
EXEIMIT 11
APPROVED RATE SCE(EDULE
Ocean Reef Club Inc.
FY 2014-2015 Approved Rates
Residential Collection Rates(p!r unit
Services Curbside Service
Solid Waste $13.83 (2x/wk)
Emcling $334 ..........jIx/wkj
Commercial Solid Waste,Commercial Recyclineand Roll-Off Collection Rates
Solid Waste Collection Rate $7.43 per cubic yard
_gmycling Container Collection Rate S7.43oar cubic and
Competor Collection Rate Q 2 cubic yards or less
$21.98 pet cubic and
Com for Collection Rate(grea ter than 12 cubic $222.05 per vull I
Roll-Off Collection Rate $222.05 per pull
MONTHLY CONTAINER MAINTENANCE FEES
CONTAINERS "-COMPACTING)
SIZE(cubic yards) RATE w/out looking mechanism
IYD $17.77
2YD $20.19
3YD S22.70
4YD $23,07
6YD $25.57
m $28.07
RECYCLING CONTAINERS
32 gal. S1,66
90 gat, $4.60
Capacities in between these values can be obtained by interpolation.
Capacities outside of these values can be obtained by extrapolation.
Above prices Include FY 15 CPI-U 1.1%.
French"Afea 4
can Reel Club,Inc.2014115
No of a) CAN PICKUP RATE SCHEDULE RATE INCREASE: 1.1%
cans*
Number of Pickups Per Week
2 Rate
Element 2 3 4 5 6
COLLECTION 1974 29,46 30,26 49,13 58.94
Collection w1increaso 20.13 30A5 40.06 50.11 60.12
DISPOSAL 24.30 38,38 48.52 6068 7212
3 RECYCLING" 0,00 0100 0100 000 0.00
TOTAL 44,43 66.43 88.67 110.79 132.94
COLLEC11ON 29,46 44.09 58,94 7364 88,46
Collection wilneresse 30.05 "197 60,112 76.11 90M
DISPOSAL 36.38 64,57 72,82 91.00 109,20
4 RECYCLING" 0.00 0.00 0.00 0.00 0.00
TOTAL 66.43 99,54 132.94 16611 199.43
COLLECTION 39.26 5093 78.62 98,26 11776
Collection wfincrease 40.06 90.11 80.19 100.23 120.12
DISPOSAL 48.52 72-82 97.05 121.36 145.59
5 RECYCLING- OM 0,DO 0,00 0,()0 0.00
TOTAL 8857 132.93 177,24 22168 26511
COLLECTION 49.13 7164 9526 122,75 147.24
Collection wfincrease 50.11 75.11 100,23 125.21 177.72
DISPOSAL 60.68 91.00 12135 151,63 181.96
6 RECYCLING- 0.00 0.00 0.00 0.00 0,00
TOTAL 110.70 166-11 221,58 276.84 359.60
COLLECTION 58,93 68.46 11776 14724 176.76
Collection wnnorease 60.11 00.23 120.12 1160.118 100.30
DISPOSAL 72.82 109.20 145.59 18196 218.41
RECYCLING- 0,00 0100 0.00 0.00 OM
*Based on TOTAL 13293 19943 26511 332,14 398.71
Page I
Franchise Area 4
Ocean Reef Club,Inc.
Container b) CONTAINERIZED PICKUP RATE SCHEDULE
Size
Number of Pickups Per Week
1 Rate
Element 1 2 3 4 5 6 7
COLLECTION 48.80 8202 115.75 147.32 179.55 212.03 246,52
Collection
Wfincrease 4918 83.66 110,07 150.27 183.14 216.27 253.49
DISPOSAL 3839 76,79 115,17 153.57 191.96 230.36 2611,75
2 RECYCLING" 0.00 0.00 ODD 0.00 0.00 0,00 O'Go
TOTAL 88A7 160.45 23324 303.84 375.10 446,63 522.24
COLLECTION 02.23 147,32 212,03 276SI 33a.76 400.91 M&OT
collection
wAncresse 03A7 160.27 216.27 28104 345.54 408.93 472.33
DISPOSAL 76.79 153,57 230,36 307.13 383.92 460.71 537.49
3 RECYCLING- 0.00 0,00 0.00 0.00 000 0,00 0.00
TOTAL 160.66 30384 "6 63 589.17 729.46 869,64 1009.82
COLLECTION 115.75 21203 307,,76 4W91 49411 587.43 680.55
Collection
W/Increaso 1118.07 210.27 313.92 400.93 603." 599.18 MIS
DISPOSAL 115.17 230,36 345,53 46011 576.89 691,06 806.24
4 RECYCLING- 0.00 0 GO 000 0.00 MOO OM 0.00
TOTAL 233,24 446.63 659,45 869.64 1079.88 1290.24 1500A0
COLLECTION 147.32 276,51 400,91 625.28 649,64 773.66 898,30
Collftftri
W/1"crosse 160.27 202.04 408.93 535.79 0163 782.34 916.27
DISPOSAL 153.57 30713 480.71 614,28 767.115 921A1 107498
6 RECYCLING- 0.00 0.00 040 DM 0.00 MOO 0100
TOTAL 303.64 589A7 669,64 1150W 1430,48 171076 1991.25
COLLECTION 2112.03 400.91 507.43 773.86 96038 1146.89 133333
Collection
wAncresse 216.27 406.93 599.18 789.34 979,59 1109.03 11360,00
DISPOSAL 230.36 4W 71 691.08 921A1 1151117 1302,13 161248
8 RECYCLING- 0.00 O-OG Dan 0.00 MOO 0.00 GOD
TOTAL 416.63 W9.64 1290.24 1710.75 2131,36 255196 2972.48
COLLECTION 276.51 $25.28 773.86 1022.61 1271-28 1488M 173214
Collection
WfIncresse 262.04 535.79 702.34 104106 1295.71 1618.43 1760.78
DISPOSAL 307,13 616.34 921.41 1228.56 1535.69 1642.84 2149.97
RECYCLING" 0.00 0.00 0.00 0.00 0.00 0,00 040
TOTAL 58917 115113 1710.75 2271.62 283140 3361.27 3911615
Page 2
EXMBIT III
DISCLOSURE OF SERVICE RATES—COMMERCIAL
REGULATION BY MOME COUNTY
The term and conditions of this Amended and Restated Solid Waste and Recycling Collection Franchise
Agreement are regulated by a Franchise granted by Monroe County. Should the customer have any questions
relating to the tam and conditions of this Franchise Agreement, the customer may call the Contract
Administrator at 305-292A432.
COLLECTION CONTAINERS
The customer shall be provided the Container from the Franchisee at the maintenance foe approved by
the Board.If the customer chooses to use a Compactor,the customer may rent,lease or own the Compactor from
any source,provided the Compactor can be serviced by the Franchisee's collection equipment. Containers and
Compactors shaft be maintained in a serviceable,safe and sanitary condition by the customer. In the event of
damage to a Container,the incident will be investigated by the Contract Administrator,including a determination
of any compensation due the affected party.
SPECIAL SERVIC
ES
If a customer requests,the Franchisee may provide special services for the collection of Commercial
Solid Waste such as rolling Containers out of storage areas,opening doom or gates for access,or other such
special services. However,such special services may be provided by the customer,through its own or other
personnel. If the Franchisee provides special services,such charges must be separately stated under the"RATES
FOR SERVICES"Disclosure Statement The maximum for these special service rates am fixed by the Board. A
copy of dim rates can be oblidnal from the Franchisee or the Contract Administrator. A convenience fee
imposed pursuant to Article 6(G)may be included in the cost of the special services,
"RATES FOR SERVICES"DISCLOSURE
A"Rates for Services"disclosure statement doll be completed and issued to each customer receiving
Solid Waste Collection Service,or special services. Upon the initial signing of a contract for these services,a
copy of this disclosure statement shall be provided the customer and the Contract Administrator.
The Rates for Services disclosure statement shall have attacked a rate schedule that specifies the Collection Rate
and the Disposal Rate based on size of Container and frequency of service;the Container Rental rate,expressed
as a monthly flat fee based on the size of the Container,and the cost per month for each special service required
by the custorner.
-,---76T...................................
EXHIBIT III
DISCLOSURE OF SERVICE RATES
(Page 2)
"RATES FOR SERVICES"DISCLOSURE STATEMENT
Franchise Name: Date of Agreement:
Customer Name: Sa vioe Date:
Customer Address: Begin:
Customer Phone#: End:
Level of Service:
item Mont tly Cost
Cost of Collection of Solid Waste
Cost of Disposal of Solid Waste
Cost of Container Maintenance for Solid Waste
Itemized Charges for Special Services
Convenience Fee
Total
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. SHOULD YOU HAVE ANY
QUESTIONS RELATING TO THESE RATES,PLEASE CALL THE SOLID WASTE MANAGEMENT
DEPARTMENT AT 305-292.4432,
EXHIBrF IV
ANNUAL FINANCIAL REPORMG F,QRMAT
The Franchisee shall submit to the Franchisor a complied Statement of Activities related to the services
provided pursuant to this agreement.The Statement of Activities shall be prepared in accordance with gencmUy
accepted accounting standards.
The Franchisee shall disclose as part of the Statement of Activities income and expenses and all methods
of allocations used to distribute costs between commercial and residential operations. The disclosure shall be in
narrative form and include the basis for the allocation method.
The Franchisee shall provide a description of the expenses classified as Other Operating Costs and Other
General and Administration.
Additionally,an annual audited statement related to the Franchisee Fee shall be provided as set forth in
this Franchisee Agreement.
Any allocations made must be disclosed in a narrative format,along with the basis for thou allocations.
Additionally,it is understood that each Franehisce shall utilize the accrual basis of accounting for income and
expenses.
!'f'
EXHIBIT v
SPECIAL SERVICES
EXHIBIT V
Special Services —Ocean Reef
FY 2014-2015 Approved Rates
RATES DETERMINED BY FRANCHISOR (CPI 1.1-0514)
Rolling Out Container(and returning it to $3.80
original location
Hack Door Service(Residential Curbside Onl • Negotiable
Opening(and closing)Doors or Oates S I.25
Locks for Containers $25.00 (one time)
Charge for Replacement based on Cost+10%
Unlocking Containers $I.71
Supplying(and retrofitting)locking $76.23
Mechanism on container"
Adding wheels to or changing wheels No Charge
on 12 and 3 yard Containers only
Moving Container Location(if
Feasible)Per Customer Request $31.76
Adding lids to or changing lids on
Containers No Char e
Set up and Return Fees S38.11
Credit Caryl Convenience Fee
Not to exceed fee charged
by customer's credit card company
Over the Lid Service To be charged by the yard at the current
collection and d' sal rate.
'There will be no charge for those residents medically unable to bring solid waste or
recyclables to curbside as delineated in Section 4. Back door service to all other
customers may be offered by the Franchisee.
"Determination of necessity of locking mechanisms Is based on customer
requirements."
05.21.14
EXHlBrr VI
PERFORMANCE BOND SLIMING SCALE
Gross Revenue{Minus Disposal Performance Bond Required
Fees paid to the Franchisor}in
Minions of Dollars
2.5—Above S400,000
1.5—2.5 $300,000
.s—1.5 $200,000
$100,000
��
Exhibit VII
Public Outreach Tasks
1. America Recycles Day
November 15 Special.Events I Earth Day/America Recycles Day
There may be awards and or recognitions available from local, regional, state or national associations that bring
praise for Monroe County's efforts.For example,SWANA(Solid Waste Association of North America)honors
communities of all sixes for their efforts for marketing,communications,and outreach.SWANA also presents
industry recognition for recycling,solid waste and organics programs.The special events held in Monroe
County,the public outreach efforts and/or the increasing diversion numbers might he of award-winning caliber
for organizations.
2. Monroe County and Southeast Florida Sustainability
Sustainability is an important concept in Monroe County and the State of Florida.We are here to provide
Monroc County to help implement programs to become a more sustainable community,at the request of the
Franchisor.
3. School Recycling and Refuse Education
The Franchisee shall participate in school recycling and effuse education programs through school events in the
Franchisee's fanchisce area. The Franchisee shall work with school principals and staff,and shall also provide
recycle bins at no charge to the classrooms and various forms of promotional gifts for the students.
4. Community Events
The Franchisee shall donate collection services to a variety of events in the community,.
5. Community Information
The Franchisee shall provide recycling and refuse service information to local customers via electronic means,
and provide news of community events to local customers.
The Franchisee shall also provide a residential services packet with every residential recycling container and owl
delivered,which shall describe how to properly dispose of all types of debris,including recycling,yard waste and
hazardous waste.
Exgmxrvm
INSURANCE REQUIREMENTS
WaIIMIT IX
PUMLIC EN1TrY CRUKE STATEMIw NT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may
not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a
contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact
business with any public entity in excess of the threshold amount provided in Section 2117.017,Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name)nor any Affiliate
has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on............, . ..�,
(date)by (name of affiant). He/She is personally known to me or
has produced....................................................................... ..(type of identification)as identification,
NOTARY PUBLIC
My Commission Expires:
�... w � � m r
EXHIBIT'X
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.104990
MONROE COUNTY,FLORIDA
E7111CS CLAUSE:
Ocean Reef Club warrants that it has not employed,retained or otherwise had act on its behalf any
former County officer or employee in violation of Section 2 of Ordinance No.10-1990 or any County officer or
employee in violation of Section 3 of Ordinance 10-1990. For breacb or violations of this provision the
County may,In Its discretion,terminate this Agreement without Hatillity and may also,in its discretion,
deduct from the Agreement or purchase prim or otherwise recover,the M amount of any fee,commission,
percentage,gill or consideration paid to the former County officer or employee.
Ocean Reef Club
B3r,....................................................
Title:
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the undersigned authority, as
I---of Keys Sanitary Service who,after being first duly swam by me,affixed big signature in the
space provided above,this_day of, 2014,
Notary Public,State of Florida
My Commissiow
EXH MIT III
NON-COLLUSION AFFIDAVIT
of the city of---------------------------according to law on my oath, and
under penalty of perjury,depose and say that
IL I am ................... of the firm of
the bidder making the proposal for the
project described in the Request for proposals for
————-- and that I executed the said proposal with full
authority to do so;
b. the prices in this bid have been arrived at independently without collusion,consultation,
communication or agreement for the purpose of restricting competition,as to any matter relating
to such prices with any other bidder or with any competitor,
C. unless otherwise required by law,the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening,directly or indirectly,to any other bidder or to any competitor;and
d. no attempt has been made or will be made by the bidder to induce any other person,partnership or
corporation to submit,or not to submit,a bid for the purpose of restricting competition;
C. the statements contained in this affidavit are true and comet,and made with full knowledge that
Monroe County relics upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on (date)by
.......(name of affiant). He/Shc is personally known to me or has
produced...,.............. (type of identification)as
identification.
NOTARY PUBLIC
MyCommission Expires: .............
EXIBITM
DRMFREE WORKPLACE F 0 R M
The undersigned vendor in accordance with Florida Statute 287.087 herebycertifies that:
Ocean Reef Club,Inc.
(Name Ot 1:11.13111CM)
I publish ustatement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-five workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection(1).
4. in the statement specified in subsection (1),notify the employees that, as a condition of
working on the commodities or contractual services that am under bid,the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contenders to,any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5)days
after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-five workplace through
implementation of this section.
As the person authorized to sip the statement I certify that this firm complies fully with the above
toquirtmenj
Signature�_ hill Date: 7-30-1�
STATE OF.
COUNTY OF:
Subjqibed and to (or affirmed) before me on (date) by
VA b,/ '12.6m/A IV (name of affmt). He/She is personagy known to me or has
produced....................................../ ..................I(type of id�ficajHozl)as identification.
NOTARYPUBLIC A
my VEEDMW
oaiitFa3Wj0,2M5
My Commission F.V, 9x4W