1. 1st Renewal 01/16/1997
SOLID WASTE COLLECTION FRANCHISE RENEWAL AGREEMENT
This renewal franchise agreement is entered into on this, the ~ay of --JJI N UII ey
1997, by and between Keys Sanitary Service, the Franchisee, and the Franchisor, Monroe County,
a political subdivision of the State of Florida, the County. The parties agree as follows:
1.) The term of the solid waste franchise collection agreement between the parties
commencing on July 20, 1994, the original agreement, a copy of which is attached and made a
part of this renewal, is hereby renewed and extended until the 30th day of September, 2004, The
renewal is subject to the following additional terms and conditions:
a.) The collection rates and charges in effect on the date of this renewal will remain in
effect through the end of fiscal year 1997-1998 and the Franchisee hereby waives any increase in
the collection rates and charges through the end of that fiscal year. The parties agree to discuss
waiving future increases on an annual basis.
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b.) During the term of this renewal, the County may, in its disc~tior:' ele~ to ~ the
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non-ad valorem method of collecting the commercial and recycling rates~remig,g thce?sums
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collected to the Franchisee minus an amount sufficient to cover the costs cd collecticiii:
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c.) The Franchisee must collect the solid waste and recYclableS~'OrmallY ~nera.~d by
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the County's Fire, EMS and library facilities located within the franchise area at no c'MbrgeO-r cost
to the County for collection.
d,) The Franchisee must conduct one franchise area trash and debris clean up per
calendar year at the time requested by the County's Director of Solid Waste Management.
e.) The Franchisee agrees to negotiate in good faith with the County to implement a
volume based solid waste collection system of rates and charges if the County, in its discretion,
elects to implement such a system during the term of this agreement.
f.) If a decision of a state or federal court, state or federal legislation, or any
administrative rule, renders any provision of this renewal agreement, or the original agreement,
void or unenforceable, the remainder of this agreement and the original agreement will remain in
full force and effect. If the loss of the void or unenforceable provision works a hardship or
otherwise creates an inequitable result for either party, then the parties must in good faith and
with reasonable promptness negotiate an alternative to the lost provision that makes the
adversely affected party as whole as possible given the confines or restrictions of the court
decision, statute or administrative rule.
g.) Service not provided on designated holidays shall resume on the next scheduled
service day, not to exceed seven (7) calendar days.
h.) The County has the option to extend this solid waste franchise collection agreement
[the original agreement as extended by this renewal] for an additional five year term beginning
on October 1, 2004. In order to exercise the option, the County must provide the Franchisee with
written notice of the renewal 120 days or more before September 30, 2004.
2.) Except as specifically set forth in paragraph one of this renewal agreement. the original
agreement between the parties dated July 20, 1994, remains in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
WITNESSES:
KEYS SANITARY SERVICE
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