Resolution 497-1987
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Charles P. Aguero, Manager
Municipal Service District
RESOLUTION NO. 497 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF THE MONROE COUNTY MUNICIPAL SERVICE DISTRICT
AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE
A FRANCHISE AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF THE MONROE COUNTY
MUNICIPAL SERVICE DISTRICT AND OCEAN REEF CLUB,
INC., REGARDING WASTE DISPOSAL SERVICE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
THE MONROE COUNTY MUNICIPAL SERVICE DISTRICT, that the Chairman
of the Board is hereby authorized to execute a Franchise
Agreement by and between the Board of County Commissioners of the
Monroe County Municipal Service District and Ocean Reef Club,
Inc., a copy of same being attached hereto and made a part
hereof, regarding waste disposal service.
PASSED AND ADOPTED by the Board of County Commissioners of
the Monroe County Municipal Service District at a regular meeting
of said Board held on the 15th day of December, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF THE MONROE COUNTY MUNICIPAL
SERVICE DISTRICT
b~~<,/;:. ~~ ~
By: ~
al.rman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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Ffuu~ClIISE t\GRED[E~T
THIS FK\J."1CHISE AGREEMENT is made and entered into~his
15th d3V or
December
, 1987, by and between the Board or
County Commissioners of the Monroe County Hunicipal Service
District, hereinafter referred to as the 'Board' or 'MSD' and
Ocean Reef Solid Waste, Inc.
hereinafter referred to as
the 'Franchisee' or the 'Collector' or the 'Contractor';
WITNESSETH:
This Franchise Agreement is entered into in two duplicate
originals.
HHEREAS, the Board is desirous of having all solid \'laste in
;
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the unincorporated limits of Xonroe County, and in those :-luni-
cipalities \Jhich. by Ordinance, have joined the ~lunicipal Service
District, regularly collected and properly disposed of; and
\VHEFEAS, the parties hereto desire to enter into an
agreement setting forth the terms anq conditions of said fran-
chise;
NOi.J', THEREFORE, for and in consideration of the premises
and undertakings herein set forth, the Board of County Commissioners
of the Monroe County Municipal Service District and the Collector
each agree with the other as follows:
1. De finitions:
a. "Bundle" means a package of solid \Vaste, excluding garbage,
weighing not more than fifty (50) pounds and not exceeding four
(4) feet in its longest dimension, securely 'tied \vith cord or rope
-.
of sufficient strength to permit lifting and carrying of the full
weight thereof without spillage or leakage and placed for collection
immediately adjacent to a standard container.
b. "Commercial collection service" shall mean all non-
residential, commercial, and industrial establishments.
c. "Contaiher,i shall mean and include .::mv detachable metal
container desi~ned or intended to be mechanic311y dumped into a
loader/packer type of g3rbage truck used by the Contractor.
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d. "Disposal facilit'l" shall rneanln l1tt:1l'1-::C~f; ;'.ll:iL:.':",
oncr3ted hv the ::SD. at r.Jhich I.Usn()~>'11 ,1( ,:;"tid ','::18tl.' .'cct:rs.
e. "Carbage" me.:1ns all kitchen ;.In(~ t:101e '-:-I.),)d '...',istC. 'lnirn<'ll
or ve~etative waste that is attendant with or reslllcs fr0~ :~e
storage, preparation, cooking or handlin~ of food '~atcrl:1Ls.
f. "Garbage can" shall mean and include anv 1 i~ht.::.:1uge
steel, plastic, or .galvanized recePtacle, closec: :It (me enel aDd
oDen at the other, furnished Hith a too or lid "nci :':"0 (?) ',qndles
and of not more than thirty-five (35) g~llor.s canacitv.
'?:. "Hazarrlous 'vaste' shall mean T7'ater-:31s :"r -::c~bi:".:l:::i.),lS of
2ateri31s which reauire special manageITent :ec~~:~~2S "ec~t:s~~f
,
their acute or ctronic effect on.-.air and "laste ~,U:1i.itv, ~':t ::'.sh,
.tlildlife. or other biota,' and on the healthml-: ',.'ec-:ll-e:J' ~'-:e
?ublic.
These materials may include, b~t 2re ~o: :~~i:ed -0,
, +-' 1
VOl.aL-ll.e,
chemical, ~iological, explosive,
:1:;::::::1h12, :-ac.io-~cti"':Ie t
and toxic materials.
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h. "Horticult~ral trash" shall TT'eJ.n a solil~ -":'1ste thai: l.S an
accumulation of la~.m, grass, or shrubberv cuttings or cliDnings and
dry leaf rakings, palm fronds, small tree branches (which shall not
exceed four (4) feet in length and four (4) inches i~ ~ia~eter), bushes
or shrubs, green leaf cuttinp:s, fruits, or otfter ::2~+::er 'lsnal17 c'!:'eatAd
as refuse in the care of 1mms and 'lards, excent laro:e ~r3nc~es. trees,
or bulkv or non-containerized material not Susc~Dti~~e to
. .
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~or:-:-:C:ll..
loadin~
md collection in loader packer tvpe sanitatio!l e<111iT}!"'ent 'Jsed for ;:-egu-
qr collections from domestic householcs
(linbs
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':ri:nrnings
1.111 not exceed four (~) feet in length and Tour (~) inches in diameter,
a. i shall be placec' at the roadside for pick ~.m).
. ,."Industrial Haste" shall mean emv solir:1 ~.raste RccuT'1ulation of
~eta
metal products, minerals, chemicals, rock, cement, asnhalt, tar,
oil, t. 'E. lse, glass, crockery, rubber, tires, bottles, cans, lumber, saH-
dust, w s e from animal packing or slaughterhouses, or other Materials
usuall v L 'E.Ited by an indus trial enterDris e.
J '1"ectioLls \Vaste" shall mean those r,l'-l.St"s r:rich "".'lV C:lllSP
.
d i seas e or I '.' reasohab 1 v 1)e s us:>e c t ec~ n f !~q rh0 '!:'i!:~ ")a 1::!;,(".1' ('Il i. c
organisms.
L c uded are \Vastes res1l1tinp~ fr'lD t~'! oner.'lti(1f1. l)(
medical clinic~
hospitals, .'lnr1 other facLli.ti.12s ,rnc1ucinq ',.','l5t(;S
Hhich ma'l consis nf, but "re not lLmite(~ to. (~iSe;lseri l'UTT':ln md
.1nimal n3rts, con,1r~in3ted bandages. natholoC?:ic<11 ~~ne_cir'en8,
Cd
,jV:~'\~\>__)~-~~": :1~cl~1~s. ~~ont:::nina[ed
':-~:.-:.!"'."~ t 1:-1~; ;11r'-"'~_l"!_L
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"Y;Jlti-f~mil'" dHcllina '-ll1it";h:1Ll ;'10,m :md L~lC:l~\l~e !n"l
huildinp; or ~3tructure cont;1ininl-; :::,.'0 L~) nr r'lon' (J,>7ellin~~ '\nits
'.Inder nne roof.
1 "Rec~Tcling" sh~ll mean the reuse oj: solid '-l:Jste i_r1 :nar1U-
facturing, agriculture, power ryroduction, or other processes.
m. "Refuse" shall mean both rubbishmd g[l::-brige or [l com-
bination or mixture of rubbish and aarb.qee.
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n. "Residential collection service" shall mean and includes
service of single family ~vellings. duplexes. apartments. condominiums.
:-:1obile homes.
o. "Rubbish" shall mean uaste 2ateric'll ocher ::han ,2:'1.rba<Z:2. T.'hich
material is usuallv attendant t6 domestic househol~s or housekeeping,
and the premises upon which said ~ousehold ~s ~ocacerl, rind shall include,
but not limited to, paper, sweeDings, ~ust, rags, ~ottles, cans, or other
waste material of any kind.
P. "Solid \Vaste" means garbage, r-u,bbi.sh, refus e, vard t!"rish or
.
other solid or semi-solid material !"esulting from domestic, co~~ercial,
industrial, agricultural and government operations, but does not
include solids or dissolved material in domestic sewaee effluent or
other significant pollutants in resources such as silt, dissolved
materials from irrigation return flows, or other common water ~ollutants.
q. "Special \Vaste" shall mean those Hastes that reauire extr-q-
ordinary manag~ment. Thev include, but are not limited to, abandoned
automobiles, used tires, waste oil, sludges, dead animals, agricultural
and industrial waste, septic tank pumDin~s, and infectious and hazar~ous
':vas tes .
r. "TNhite goods and furniture" shall mean inoDerative and clis-
carded r"efrigerators, ranges, \Vashers, \Vater heaters, and other similar
domestic appliances and household furniture,
2. Grant of Franchise:
The Board does hereby contract with the Collector to collect all
of the solid waste Hhich the Board is obli~ated to collect and to
transport the solid waste to an authorized disnosnl f~cilitv, ~n(l r~e
Roard does herebv grant to the Co 11 (:C tor r- he ri \;ht to do :~o :~o r I
reriod of five (5) 'Jears commencin,2: on rhe ~,.;t dov 0'= .f:1lltl;lr'l, ' QR,8,
and terminatinp, on the 31st (:av l)f DecPr1bpr, L092, \.'Jithin !.h(: !7oLlo':~ng
territorv:
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. _Limited to rnnse properties located in Ocean Reef, as is
commonly referred to as Ocean Reef
3. Extension of Agreement not Guaranteed:
The Collector shall make no expenditure in reliance that this
Contract will be extended beyond it's nresent term of years.
4. Collection of Solid Waste:
Collection shall be made by the Collector as follows:
a. All residential units shall be provided basic service of twice
weekly pick up of garbage and rubbish. Pick up will be limited to three
cans per pick up. In addition each residential unit shall be entitled
to a pick up of one-half (1/2) cubic yard of horticultural trash once
a week.
(Three thirty two gallon containers are equivalent to one-half
cubic yard.) Pick up of industrIal ,olaste and/or ,olhite goods and/or
special waste, may be picked up by arrangement ~olith and payment to the
Collector.
Infectious waste and hazardous '\vaste Hill not be picked up by the
Collector.
So
b. All commercial and industrial establishments shall be provided
basic solid waste collection service by the Collector on an as-needed
basis.
c. The Collector shall use the utmost care in handling containers
to avoid damage and shall replace said containters in a erect position
at the location from which the same is removed for collection. The
Collector agree~ to clean up immediately, in a workman-like manner, any
waste spilled by it during the collection process.
d. The Collector shall provide adequate equipment and labor forces
to insure satisfactory collection of solid waste and its delivery to an
authorized disposal facility under adverse conditions or weather, and
irrespective of breakdowns or similar hindrances.
e. The Collector shall make collections with as little noise and
as. little disturbance as is possible, with particular attention to this
provision during the morning hours; provided, however, that no collections
shall be made between the hours of 11:00 p.m. and 5:00 a.m., local time,
in residential and motel or hotel areas.
f. The Collector shall agree to complete collection in accordance
with an agreed upon schedule, even if it is necessary to use additional
forces and equipment so as to not delay collection in any other areas
within his territory.
5. Equipment used in Collection of Solid ~aste:
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CJ:lector shall be responsible for providin~ aLL e4uipment
necessar'! to maintain the agreed upon schedule. The equipment shall be
modern, sanitary, motor propelled collection units, and said equipment
shall be maintained in such a manner as to give maximum service and assure
safe operation. Said equipment shall not be permitted to remain parked
an~V'here on a street or right-of-way when not in use. Said equipment
shall be washed daily after use and sprayed with a disinfectant and an
approved fly repellant.
6. Labor used in Collection:
The Collector shall be responsible for providing all labor and
supervision necessary to maintain the agreed upon schedule, it being
understood that the Collector is an independent contractor and will
provide for Horlanen's Compensation and other requirements of Florida Law.
7. Title to Haste:
All solid '\V'aste, upon being removed by the Contractor from the premises
where produced or accumulated, shall become, and be, the property of the
Collector. Title to the waste shall be retained by the Collector only for
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the period of time that the waste is in transit to an authorized disposal
facility, ~vhereupon the waste becomes the property of the Municipal Service
District.
8. Collector's Office:
The Collector shall maintain an office within his franchise area for
receiving of complaints during normal working hours.
9. Compensation to the Collector:
Compensation for residential collections shall be established annually
in accordance '\V'ith the procedures set forth in Chapter 8, ~'lonroe County
Code.
For the first year of this Agreement, to-wit, January 1, 1988 through
December 31, 1988, the Collector shall receive the sum of
$6.00
per month for each residential unit in his territory for which an assessment
has been levied.
10. Compensation to the Municipal Service District:
Commencing on February 10, 1988 and continuing through April 10, 1988,
the Collector shall furnish to the Board a list of all commercial accounts
collected by him the preceding month and the gross amount income collected
and shall pay unto the Board 30.0 percent of the gross incomes received
from said commercial accounts in his territory
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From April 1, 1988 through December 31, 1988 the collector shall pay
a tipping fee of $ 20.00
per ton for all solid wast~ delivered to the
(; )
d i s ;1 l) s a 1 t:1 C i 1 i t
rhe tipping fee may be increased or
~ased by the
Board.
II. Changes in Compensation:
No later than October 1, 1988, the residential unit price may be
adjusted to conform with any increase or decrease in the United States
Department of Labor, Bureau of Statistics, Hashington, D.C., Consumer
Price Index for Urban Wage Earners and Clerical Workers - All Items -
(1967 = 100) for the Miami area. The percentage increase or decrease
in the unit price shall be computed as follows:
The net change will be the percent difference between the labor
index of December 1986, and the index published for December 1987.
The rate adjustment shall be effective January, 1989, unless otherwise
determined by the County. The C~~ty expressly reserves the right to
approve or disapprove the -request for an adjustment. The County's decision
shall be final and conclusive and shall create nQ right in the agreement
for adjustments refused for any reason by the County. It is the intent of
this section to provide the method whereby the residential unit price can
be adjusted, if approved by the County. ~
Movement in the indexes from one month to another are usually expressed
as percent changes rather than changes in index points because index po'int
changes are affected by the level of the index in relation to its base
period, while percent changes are not. The example* below illustrates the
computation of index point and percent changes:
Review Date: June, 1988
Index Point Difference
172.8
163.7
9.1
Current Year: December 1987 labor index
Previous Year: December 1986 labor index
Percent Increase (1987) = 100 x (Point Difference) 5.6
(Previous Year Index)
Percent Limitation: 7 Percent
7.0
5.6
Adjustment Percentage Allowed:
~"All figures are hypothetical and are merely intended to serve an an
illustration of the methodology to be employed in adjusting the unit
price.
12. Responsibility to Bill and Collect for Services:
a. The billing and collecting for residential service shall be the
responsibility of the Municipal Service District.
b. The billing and collection of commercial accounts shall be the
responsibility of the Collector.
c. The Collector shall maintain an office within his territory for
receiving the compensation for his commercial collection service, both
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in ~~rson anJ/ol 0Y mail.
d. The County shall maintain all Ordinances now on its books and
adopted for the purpose of assisting in the enforcement of the collection
of service charges for both commercial and residential accounts.
13. Compliance with Authority:
The Collector agrees to comply with all ordinances statutes and
regulations of Monroe County and the State of Florida properly applicable
to the Collector's operation under this Agreement.
14. Performance Bond:
No performance bond shall be required of the Collector at this time.
HmV'ever, said performance bond may hereafter be required by the Board
if, in its discretion, the same shall be deemed necessary.
15. Insurance:
The Collector shall carry the required ~vorkmen' s Compensation
Insurance; Public Liability Insurance in an amount not less than
$100,000.00 for injuries, including accidental death, to any person; and,
subject to the same limit for each person in an amount of $300,000.00 on
,
account of ony accident; Property Damage "Insurance in an amount no less
than $10,000.00 for each accident and $30,000.00 aggregate. The Collector,
.
further, shall keep and save harmless the Board from and against any and
all costs, damages, claims or expenses it may suffer, incur or sustain or
become liable for on account of any injury to, or death of, the employees
of the Collector or to any other person, or damage to or injury to real
estate or personal property, caused by and arising out of the work contracted
for, and the Collector shall pay all bills of claim for wages, salaries and
supplies, purchased in the operation under this Agreement or otherwise.
The Collector shall furnish, prior to the commencement of operations under
this Agreement, proper certificates of insurance as evidence that the above-
described insurance has been issued and is in effect.
16. Disposal Facility:
The Municipal Service District agrees to provide and operate a solid
waste disposal facility for the solid waste received from the Collector.
17. Accounting Method:
The Contractor agrees to be on the Accrual Basis of accounting, and
to maintain the records as shown in Appendix "A" of this Agreement.
18. Miscellaneous:
Provisions of this Agreement shall be interpreted to attain the
objective that all reasonable quantities and types of refuse placed for
collection are collected.
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The CollecJ__ _hall not enter into any sub-contract
eases,
agreements or assignment of or which in any way abrogate its duties or
responsibilities hereunder without prior written approval of the County.
However, said prohibition shall not apply to the purchase or leasing of
equipment, employee hiring or discharge, office purchase or leasing.
It is agreed that, in the event the Collector shall be adjudged
bankrupt, either by voluntary or involuntary proceeding, then this
contract shall immediately terminate. In no event shall this contract
be, or be treated as, an asset of the Collector after adjudication of
bankruptcy. If the Collector shall be proven insolvent, or fail in
business, then this contract may be terminated at the option of the
County, in which event, the County shall have the right to immediately
take possession, lease or pUrchas~ Collector's operating equipment and
records.
All terms and conditions of the contract are considered material,
and failure to perform any of said conditions on the part of the Collector
shall be considered a breach of said contract. Should the Collector fail
to perform any of said terms or conditiorts, the County shall have the
right to terminate the contract, only after ten (10) days notice, in
writing, to the Collector of the violation of the contract and the failure
of the Collector to remedy the violation within said time.
In the event of termination of the contract for breach or default by
the Collector as above-specified, the County shall have the rigpt to
forthwith take possession of all trucks and other equipment of Collector
for the purpose of collecting, hauling and disposing of refuse which
Collector has agreed to do. The County shall have the right to retain
possession of and to operate all said trucks and equipment until other
suitable trucks and equipment can be purchased or otherwise acquired by
the Coun~y for such purpose, for a period not to exceed six (6) months.
The County shall pay to the Collector as equitable monthly rental fee for
each piece of the Collector's equipment in the County's possession. The
County shall, in case of any such termination, have the right of purchase
of Collector's equipment and trucks at the depreciated fair market value
thereof should it elect to so purchase. The County shall make an equitable
rebate to the Collector for services rendered prior to termination, if any
be due.
19. Audit:
The Collector's books shall be open to inspection or audit at any
time at the District's request and expense. The District will hire a
(P~
Certified Public Accountant to make an annual audit of the Collector's
records. This audit is to be completed by April 1 during each year of
this Agreement.
20. Service:
The Collector agrees that he will upon written request from the
Manager of the Municipal Service District, discontinue collection service
to any residential and/or commercial account be the same located within
the unincorporated limits of Monroe County or within the corporate limits
of any municipality. The Collector agrees that, should said account be
serviced after such notification said action will constitute a breach
,
of this Agreement warranting termination of same in accordance with
Section 18 hereof.
",I.
IN WITNESS WHEREOF, the Collector has caused these presents to be
signed by its proper officers and its seal to be hereto affixed, and
the County has caused these presents to be signed by its Mayor and
Chairman and attested by its Clerk and i~s corporate seal to be hereto'
affixed, all as of the day and year first above written.
Dated this l.Stl- day of D4!..c..eIII.L~
, 19!i/
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By, g~1 k
Ma or Ch an
Attest: DANNY L. KOLHAGE, Clerk
L2-41~dtP~
By:
Attest:
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