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Resolution 002-1982RESOLUTION NO. 2 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN ADDENDUM TO FRANCHISE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BALTUFF SERVICE, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Mon- roe County, Florida, is hereby authorized to execute an Addendum to Franchise Agreement by and between the Board of County Commissioners and Baltuff Service, Inc., a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Mon- roe County, Florida, at a regular meeting held on the__j2-th day of January, A.D. 1982. BOARD COUNTY COMMISSIONERS OF MONDE COUNTY, FLORIDA a Cb7airman (SEAL) Attest: CT-6rk) 0V' 'Dn :4 s' TO FORM %5,�: 0 Af!orneyrs Oft rs ADDENDUM TO FRANCHISE AGREEMENT TEAS ADDENDUM is made and entered into in duplicate origin- als this 12,t1j day of :*fijV&j_____ , 1982. WITNESSETH: Section 9 and Section 17 of the Franchise Agreement hereto- rore made and entered into by and between the Board of County Com- missioners of Monroe County, Florida and BAL,TUFF SERVICE, TNC. in January of 1978 be and the same is hereby amended to read as follows: 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 Monroe County Ordinance No. 10-1977, Section 37. From January 1, 1982 through December 31, 1982, the Collector shall receive the sum of $5.00 per month for each residential unit in his territory for which the Special Assessment levied in accor- dance with Ordinance No. 10-1977 has been made. Commencing Feb- ruary 10, 1982 and each consecutive month thereafter on the loth day of each month, the Board shall furnish to the Collector a copy of the Special .Assessment roll of his territory showing each re- sidential unit in his territory for which he is obligated to serve. Said assessment roll shall be accompanied by a Court Warrant made payable to the Collector in an amount equal to $5.00 for each re- sidential assessment for the current month's period. Commencing on February 10, 1982 and on the loth day of each consecutive month thereafter, the Collector shall furnish to the Board a list of all commercial accounts collected by him the pre- ceding month and the gross amount of income collected and shall pay unto the County twenty (200) percent of the gross incomes re- ceived from said commercial accounts in his territory. The com- mercial 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 pur- suant. 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 com- mercial account delinquent for one (1) month, the Collector shall have the right to discontinue service to 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 accounts, include said information on his list furnished to the County and shall pay the twenty (200) percent 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 to him by 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 pay- ment and shall indicate whether said payment was by check, cash or money order. The Collector shall make every effort to collect delinquent commercial accounts. Page 1 of 2 Pages The amounts in future years, basis. The Board sation payable to mation made known to Ordinance No. payable -to the Collector for residential accounts shall be °determined by the Board on an annual may increase or decrease the residential compen- the Collector depending on the financial infor- to the County during rate hearings held pursuant 10-1977. 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 April of each year at the Collector's expense. The first audit shall be provided by April 1, 1979 and 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 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 com- prehensive 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 Sec- tion 9 of this Agreement.) Said monthly statements shall be pre- pared in accordance with a format mutually agreed upon by the Col- lector 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 (200) per- cent of said gross receipts no later than the 10th day of each month beginning February 10, 1982. IN WITNESS WHEREOF, the Collector has caused these presents to be signed by its proper officers and its seal to be hereto af- fixed and the County has caused these presents to be signed by its Mayor and Chairman and attested by its Clerk and its corporate seal to be hereto affixed, all as of the day and year first above writ- ten. DATED: January 12, 1982. Attest: BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FLORIDA By Ma r C airman BALTUFF SERVICE, INC. '!ED AS TO , 0117/1? A, BY , 0 . I Page 2 of 2 Pages kES '�/-j-/9� ADDENDUM TO FRANCHISE AGREEMENT THIS ADDENDUM is made and entered into in duplicate origin- als this 19,h day of january , 1982. WITNESSETH: Section 9 and Section 17 of the Franchise Agreement hereto- �ore made and entered into by and between the Board of County Com- missioners of Monroe County, Florida and BALTUFF SERVICE, INC. in January of 1978 be and the same is hereby amended to read as follows: 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 Monroe County Ordinance No. 10-1977, Section 37. From January 1, 1982 through December 31, 1982, the Collector shall receive the sum of $5.00 per month for each residential unit in his territory for which the Special Assessment levied in accor- dance with Ordinance No. 10-1977 has been made. Commencing Feb- ruary 10, 1982 and each consecutive month thereafter on the loth day of each month, the Board shall furnish to the Collector a copy of the Special Assessment roll of his territory showing each re- sidential unit in his territory for which he is obligated to serve. Said assessment roll shall be accompanied by a Court Warrant made payable to the Collector in an amount equal to $5.00 for each re- sidential assessment for the current month's period. Commencing on February 10, 1982 and on the loth day of each consecutive month thereafter, the Collector shall furnish to the Board a list of all commercial accounts collected by him the pre- ceding month and the gross amount of income collected and shall pay unto the County twenty (200) percent of the gross incomes re- ceived from said commercial accounts in his territory. The com- mercial 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 pur- suant 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 com- mercial account delinquent for one (1) month, the Collector shall have the right to discontinue service to 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 accounts, include said information on his list furnished to the County and shall pay the twenty (200) percent 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 to him by 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 pay- ment and shall indicate whether said payment was by check, cash or money order. The Collector shall make every effort to collect delinquent commercial accounts. Page 1 of 2 Pages The amounts payablc;to the Collector for residential accounts in future years, shall he!Idetermined by the Board on an annual basis. The Board may incFease or decrease the residential compen- sation payable to the Collector depending on the financial infor- mation made known to the County during rate hearings held pursuant to Ordinance No. 10-1977. 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 April of each year at the Collector's expense. The first audit shall be provided by April 1, 1979 and 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 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 com- prehensive 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 Sec- tion 9 of this Agreement.) Said monthly statements shall be pre- pared in accordance with a format mutually agreed upon by the Col- lector 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 (200) per- cent of said gross receipts no later than the 10th day of each month beginning February 10, 1982. IN WITNESS WHEREOF, the Collector has caused these presents to be signed by its proper officers and its seal to be hereto af- fixed and the County has caused these presents to be signed by its Mayor and Chairman and attested by its Clerk and its corporate seal to be hereto affixed, all as.of the day and year first above writ- ten. DATED: Attest: Attest: January 12, 1982. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r/ c;nairma BALTUFF SERVICE, INC. Page 2 of 2 Pages F'!PP _ ' ED A!; TO RGRM A; L SUFFICIENCY. BY .ftv wa 0fif i I