Resolution 095-1984
Charles P. Aguero, Director
Municipal Services District
RESOLUTION NO. 095-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A FRANCHISE
AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AND
OCEAN REEF CLUB, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Franchise Agreement by and between the Board of County
Commissioners of Monroe County, Florida, and Ocean Reef Club,
Inc., a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 23rd day of March, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF M~70UNTY. f!:9..Jl.IDA
By X.....t2--'~ x~ ()--'\J'---~:;)~
Chairman
(Seal)
Attest:
DANNX L. KOLHAGE, Clerk
~ '< ~ m . P u.J.w ,t).t.
Clerk
BY
FRANCHISE AGREEMENT
THIS AGREEMENT made this 1st day of March, 1984, by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, hereinafter referred to as "COUNTY" or "BOARD", and
OCEAN REEF CLUB, INC., hereinafter referred to as "COLLECTOR" or
"FRANCHISEE" or "CONTRACTOR".
WIT N E SSE T H:
WHEREAS, the parties hereto are entering into a Franchise
Agreement for the sole and exclusive right to provide garbage
collection services within the territory hereinafter described,
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and
WHEREAS, the COUNTY is desirous of having all of the garbage
and trash in the unincorporated limits of Monroe County, Florida,
regularly collected and disposed of, and
WHEREAS, the COLLECTOR is willing to handle such collection,
and
WHEREAS, the parties hereto desire to enter into said
Agreement setting forth the terms and conditions to said
franchise,
NOW, THEREFORE, for and in consideration of the premises and
of the mutual promises and undertakings hereinafter set forth,
the COUNTY and the COLLECTOR do hereby agree as follows:
1. Description of Refuse Materials: For the purposes of
this Agreement, the parties do hereby agree that the refuse
materials to be picked up and removed shall be as follows:
(a) "Solid Waste" means garbage, rubbish,
refuse and other discarded solid or semi-
solid materials resulting from domestic,
industrial, commercial, agricultural and
governmental operations, but does not include
solids or dissolved material in domestic
sewage or other significant pollutants in
water resources such as silt, dissolved or
suspended solids in industrial waste water
effluents, dissolved materials in irrigation
return flows, or other common water
pollutants.
(b) "Garbage" means waste resulting from the
preparation, cooking and serving of food;
market waste and waste from produce,
including containers or packaging originally
used for foodstuffs.
(c) "Rubbishll means solid wastes, excluding
food waste and ashes, taken from residences,
commercial establishments, and institutions.
(d)
"Bundle" means a package containing
.
rubbish only, weighing not over fifty (50)
pounds and not exceeding four (4) feet in its
longest dimension, securely tied with 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.
(e) Brush, tree branches, tree roots, tree
trunks not to exceed four (4) feet in length,
up to two cubic yards per month from each
home; stones raked or dug from residential
lots, debris from minor repairs performed by
owner.
(f) Trash and garbage from commercial
establishments including crates, cartons, tin
cans, bottles, ashes and all other
combustible or non-combustible refuse
including trimmings from maintaining
landscaping other than contractor's rubbish.
2. Employment: The BOARD does hereby contract with the
COLLECTOR to collect and dispose of all the garbage and trash
which the BOARD is obligated to collect, and does hereby grant to
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the COLLECTOR the exclusive right to do so, for a period of 5
years commencing the 1st day of March, 1984, and terminating the
28th day of February, 1989, within the following territory:
Limited to those properties in Ocean Reef as
is commonly referred to as Ocean Reef.
3 .
Option to Renew:
The parties hereto may extend this
Agreement for a 5 year period by mutual consent in writing at
least 90 days prior to the expiration of the current contract;
provided said COLLECTOR shall make no expenditure in reliance
that said Contract term will be extended beyond its present term
of years.
4 .
Collections:
Collections shall be made by the COLLECTOR
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as follows:
(a) All residential units shall be provided
basic service of twice weekly garbage
collection and said collection of garbage
shall be unlimited providing said garbage is
placed by the owner in receptacles authorized
by Section 15 of Monroe County Ordinance
No. 10-1977.
Other residential solid waste
and trash collections shall be limited to
one-half (~) cubic yard per residential unit
per week.
Residential discard of household
white goods, furniture, furnishings and
equipment shall be picked up upon call to the
COLLECTOR within four (4) days of said call.
(b) All commercial establishments shall be
provided basic garbage collection service by
the COLLECTOR and shall be charged by the
COLLECTOR in accordance with the commercial
rates established by the BOARD.
(c) The COLLECTOR shall use the utmost care
in handling containers to avoid damage and
shall replace said containers in an erect
position at the location from which the same
is removed for collection.
The BOARD agrees
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to cooperate in requiring the inhabitants to
provide and maintain suitable containers.
The COLLECTOR agrees to clean up immediately,
in a workman-like manner, any refuse spilled
by it on parkways or streets.
(d) The COLLECTOR shall provide adequate
labor forces to insure satisfactory
collection and disposal of garbage and trash
under all adverse conditions, or weather, and
irrespective of breakdowns or similar
hindrances including but not limited to
weight restrictions or bridges, state laws
pertaining to and governing the collection of
solid waste.
(e) The COLLECTOR shall make collections
with as little noise and as little
disturbance as is reasonably possible, with
particular attention to this provision during
the morning hours; provided, however, no
collections shall be made between the hours
of 11:00 P.M. and 5:00 A.M. local time in
residential and motel areas.
(f) The COLLECTOR shall agree to complete
collection in accordance with the agreed upon
schedule even if it is necessary to use
additional forces and equipment so as not to
delay collection in any other area of the
County.
5. Equipment used in collection of refuse: The COLLECTOR
shall be responsible for providing all motor equipment necessary
to maintain the agreed upon schedule. This equipment shall be
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modern, sanitary, motor-propelled collection units and said
equipment shall be maintained in such a manner so as to give
maximum service and assure safe operation. Said equipment will
not be permitted to remain parked anywhere on the street when not
4
in use.
Said equipment shall be washed at least three (3) times
each week and sprayed with pine oil or similar disinfectant and
approved fly repellent.
6 .
Labor used in collection of refuse:
The COLLECTOR shall
be responsible for providing all labor and supervision necessary
to maintain the agreed upon schedules, it being understood that
the COLLECTOR is an independent contractor, and will provide for
Workmen's Compensation and other requirements of the Florida
Industrial Commission.
7, Title to Waste: All refuse, upon being removed from the
premises where produced or accumulated, shall become and be the
property of the COLLECTOR. Title to the waste shall be retaine~
by the COLLECTOR only for the period that the waste is in transit
to a County disposal facility whereupon, the waste becomes the
property of MONROE COUNTY.
8. Complaints on collection of refuse: The COLLECTOR shall
maintain an office within his franchise territory for the
receiving of complaints, in person or by telephone, during normal
working hours of each week.
9. Compensation to the Collector: Compensation for the
COLLECTOR for residential and commercial collections shall be
established annually in accordance with the procedure set forth
in Monr~e County Ordinance No. 10-1977, Section 37.
For the
first year of this Agreement, to-wit: from March 1, 1984, through
February 28, 1985, the COLLECTOR shall receive the sum of $6.00
per month for each residential unit in his territory for which
the Special Assessment levied in accordance with Ordinance
No. 10-1977 has been made. Commencing on March 1, 1984, and each
consecutive month thereafter, on the 10th day of each month, the
BOARD shall furnish to the COLLECTOR a copy of the Special
Assessment roll of his territory showing each residential unit in
his territory for which he is obligated to serve,
Said
assessment roll shall be accompanied by a County warrant made
payable to the COLLECTOR in an amount of equal to $6.00 for each
residential assessment for the current month's period.
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For the first year of this Agreement, commencing on March 1,
1984, and on the 10th day of each consecutive month thereafter,
the COLLECTOR shall furnish to the BOARD a list of all commercial
accounts collected by it for the preceding month and the gross
amount of income collected, and shall pay unto the COUNTY twenty
percent (20%) of the gross income received from said commercial
accounts in his territory.
The twenty percent (20%) payable to
the COUNTY shall be paid for the first year of this Agreement on
a trial basis only and the percentage payable to the COUNTY for
future years may be increased or decreased depending on the
decision of the Board of County Commissioners during the conduct
of rate hearings held pursuant to Ordinance No. 10-1977. '
The COLLECTOR shall note which commercial accounts have not
been paid and the amount of said delinquency owing.
For any
commercial account delinquent for one (1) month, the COLLECTOR
shall have the right to discontinue service of said account and
he shall notify the Director of the Municipal Service District of
said discontinuance.
The COLLECTOR shall, on the month following collection of
any delinquent account, include said information on his list
furnished to the County and shall pay the twenty percent (20%)
owing to the BOARD.
The COLLECTOR shall use consecutively numbered receipt books
furnished by the COLLECTOR and the COLLECTOR shall account for
all commercial payments made to him by the use of said receipt
books. A receipt shall be issued to each commercial account
making payment be the same by way of cash payment, check or money
order. Said receipt shall show the date of payment, name of the
account, amount of payment and shall indicate whether said
payment was by check, cash or money order.
The COLLECTOR shall
make every effort to collect delinquent commercial accounts.
The amounts payable to the COLLECTOR for assessment year
1984 for residential accounts shall be paid on a trial basis only
in that in future years, the BOARD may increase or decrease the
residential compensation payable to the COLLECTOR depending on
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the financial information, data, statistics and cost information
made known to the COUNTY during rate hearings held pursuant to
Ordinance No. 10-1977.
10. Changes in Compensation to the Collector: The
compensation payable to the COLLECTOR for the second and
subsequent years shall be determined in accordance with Section
37 of Monroe County Ordinance No. 10-1977.
11. Responsibility to bill and collect for services:
(a) The billing and collecting of
residential accounts shall be the
responsibility of the COUNTY.
(b) The billing and collecting of commercial
accounts shall be the responsibility of the
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COLLECTOR.
(c) The COLLECTOR shall maintain an office
within his territory for receiving the
compensation for his commercial collection
services, both in person and by 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.
12. Compliance with authority: The COLLECTOR agrees to
comply with all the ordinances, statutes and regulations of
Monroe County and the State of Florida at any time properly
applicable to the COLLECTOR'S operation under this Agreement.
13. Performance Bond: No performance bond shall be required
of the COLLECTOR for the first year of this Contract. However,
said performance bond may thereafter be required by the BOARD if
in the discretion of the BOARD the same shall be mete and proper.
14. Insurance: The COLLECTOR shall carry the required
Workmen'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
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for each person in an amount of $300,000.00 on account of one
accident; Property Damage Insurance in an amount not 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 abstain 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 claims for wages,
salaries and supplies, purchased in the operation under this
Agreement or otherwise. The COLLECTOR shall furnish, prior to f
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.
15. Disposal: The COUNTY agrees to provide a site for a
disposal operation to receive from the COLLECTOR its daily
collection of garbage and trash. There shall be no cost to the
COLLECTOR for disposal service.
16.
Miscellaneous:
provisions of this Contract shall be
interpreted to attain the objective that all reasonable
quantities and types of refuse placed for collection are
collected.
The COLLECTOR shall not enter into any sub-contracts,
leases, agreements or assignment of or which in any way abrogates
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
proceedings, then this Contract shall immediately terminate. In
no event shall this Contract be, or be treated as an asset of
COLLECTOR after adjudication of bankruptcy.
If COLLECTOR shall
be proven insolvent, or fail in business, then this Contract may
8
be terminated at the option of the COUNTY in which event, the
COUNTY shall have the right to immediately take possession, lease
or purchase 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 COLLECTOR fail to perform any of said terms or
conditions, 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 f
default by the COLLECTOR as above specified, the COUNTY shall
have the right 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
operate all said trucks and equipment until other suitable trucks
and equipment can be purchased or otherwise acquired by the
COUNTY for such purpose, for a period not to exceed six (6)
months. The COUNTY shall pay to the COLLECTOR an 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 purchase.
The COUNTY shall wake an equitable rebate to
the COLLECTOR for services rendered prior to termination, if any
be due.
17. Audit: The COLLECTOR'S books shall be open to
inspection or audit at any time at the COUNTY'S request and
expense and said records shall at all times be maintained in an
office situated in Monroe County. A complete yearly audit shall
be provided by the COLLECTOR to the COUNTY and shall be provided
no later than the 1st day of each year at the COLLECTOR'S
expense. The first audit shall be provided by April 1, 1985 and
9
shall be prepared by a Certified Public Accountant licensed by
the State of Florida. Said audit shall be prepared in accordance
with the requirements established by the Clerk of the Board of
County Commissioners as approved by the Auditor General of the
State of Florida with appropriate consultation from the franchise
collector. Provided, however, the Clerk shall not require any
audit procedures more comprehensive or costly than the Auditor
General shall require.
A monthly statement shall be provided to the COUNTY by the
COLLECTOR showing the gross receipts collected by the COLLECTOR
for the preceding month's commercial collections. (also see
Section 9 of this Agreement)
Said monthly statements shall be f
prepared in accordance with a format mutually agreed upon by the
COLLECTOR and the Clerk of the Board of County Commissioners and
said statement shall be accompanied by the COLLECTOR'S check made
payable to the COUNTY in an amount representing twenty percent
(20%) of said gross receipts no later than the 10th day of each
month beginning April 10, 1984.
18. Service: The COLLECTOR agrees that he will, upon
written request from the Director 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, that said
action will constitute a breach of this Agreement warranting
termination of same in accordance with Section 16 herein.
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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/Chairman and attested by its Clerk and its corporate
seal to be hereto affixed, all as of the day and year first above
written.
BOARD OF COUNTY COMMISSIONERS
~: 250U:!~~
Mayor/Chairman
(SEAL)
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Attest:
DANNY L. KOLHAGE, ClerK:
~ '{ .A....~ 1\\. p ~ .0 .C- .
C 1 e tJk
OCEAN REEF CLUB, INC.
By
President
(SEAL)
Attest:
Secretary
BY
1 1