Item O4
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 14,2000
Yes
Division: County Attorney
Bulk Item:
No
AGENDA ITEM WORDING:
Approval of an amendment to the Solid Waste Collection Franchise
Agreements to allow disposal of C&D debris at facilities other than the
County transfer stations.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Board entered into contracts with solid waste franchisees in 1994.
STAFF RECOMMENDATION: Approval.
TOTAL COST:
. Cost to County:
BUDGETED: Yes
No
APPROVED BY:
County Attorney X
OMS/Purchasing
Risk Management
DIVISION DIRECTOR APPROVA~
DOCUMENTATION:
Included ~
To Follow
Not required
AGENDA ITEM #
1..04
SOLID WASTE COLLECTION FRANCHISE AMENDMENT
THIS AMENDMENT is entered into on this the
day of
2000, by and between Monroe County, a political subdivision of the State of Florida, whose
address is Public Service Building, 5100 College Road, Key West, FL 33040 (Franchisor)
and
, a Florida corporation whose address is
(Franchisee).
WHEREAS, in the franchise agreement between the parties dated July 20, 1994,
provided that the Franchisee has an exclusive franchise for, among other items, roll-off
collection service, i.e., collection of construction and demolition debris (C&D);
WHEREAS, the Franchisee is required under the Franchise Agreement to pay the
Franchisor a Solid Waste tipping fee for the disposal of the C&D and a three percent (3%)
franchise fee.
WHEREAS, other business entities have begun C&D collection and disposal operations
in Monroe County do not pay the County tipping fees or franchise fees with the result that
their C&D collection and disposal service is at a much lower charge than the Franchisee's
service;
WHEREAS, it is desired to allow the Franchisee to compete in the C&D
collection and disposal market on the same footing as its competitors; now, therefore,
IN CONSIDERATION of the mutual promises and consideration set forth below, the
parties agree as follows:
1.
a)
Section 3A of the July 20, 1994, Franchise Agreement is amended to
read:
A. Exclusive Franchise Granted. The Franchisee is herein granted an exclusive
.. ... '
franchise to provid~ ~_idential Solid Waste Collection Service, Commercial Solid
IV ~
Waste Collection Service and Recycling Collection Service ~nd Roll off Collection
Sen.'ice in the Service Area as described in Exhibit I. The Franchisee is hereby
authorized to orovide C&D collection and disoosal service in the unincoroorated area
county-wide on a nonexclusive basis. No other entity except the Franchisee may
offer or provide Residential Solid Waste Collection Service, Commercial Solid Waste
Collection Service or Recycling Collection Service or Roll off Collection Sen.'ice in the
Service Area. The Franchisor agrees to assist the Franchisee in taking timely action
against any entity violating the provisions of this Section.
The Franchisee shall be the exclusive agent to the Franchisor to proVide Commercial
Recycling Collection Service in the Service Area. The Franchisee shall be responsible
for billing and collection of Commercial Recycling Collection Service that are not
being billed and collected by the Franchisor.
b) Section 6C of the July 20, 1994, Franchise Agreement is amended to
read:
C. Solid Waste Disposal and Recycling Processing Costs: ReSidential Solid Waste
disposal and residential recycling processing costs will be part of the special
assessment billed by the Franchisor. Commercial costs and commercial recycling
processing charges, as v.'ell ~s dispos~1 ch~rges f'Or Roll Off Service, will be billed by
the Franchisee and submitted on a monthly basis to the Franchisor in a format
prescribed by the Contract Administrator. Dispos~1 ch~rges for C&D debris will be
billed at the current tipping f-ce ~s determined by the Franchisor. This monthly billing
statement shall be due by noon on the tenth (10th) day of each month, or the first
business day thereafter, and shall contain information pertaining to the preceding
month. Information provided on the monthly billing statement shall be complete and
accurate and falsification of the same shall be a criminal offense. All C&D must be
disoosed of at a Solid Waste disoosal faCility oermitted by the DEP and ooerated in
accordance with their reoulations.
2. The Franchisee acknowledges that the Franchisor is in the process of
establishing a revised license/permit fee and/or gross receipts regulatory system for C&D.
The revised C&D regulatory system will be adopted by ordinance and apply equally to all
business entities engaging' in C&D collection and disposal operations in unincorporated
Monroe County. Notwithstanding anything in the July 20, 1994 Franchise Agreement, the
renewal agreement of January 16, 1997 or this amendment, the Franchisee agrees to
comply with the new C&D ordinance and obtain the necessary permit or license required
under the ordinance, and pay the fees required by the ordinance, if the Franchisee desires
to continue providing C&D collection and disposal services after the ordinance's effective
date.
3. In all other respects the July 20, 1994 Franchise Agreement and the January
16, 1997 renewal agreement remain in full force and effect. Copies of those two
agreements are attached to this amendment and made a part of it.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Cha i rperson
Deputy Clerk
(SEAL)
ATTEST:
FRANCHISEE
By
Title
By
Title
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