Resolution 004-1982
RESOLUTION NO. 4 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE AN APDENDUM TO FRANCHISE AGREEMENT BY
AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
~~RATHON GA~AGE SERVICE, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY CO~~ISSIONERS 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 Marathon Garbage Service, Inc., a copy of same being attached here-
to.
Passed and adopted by the Board of County Commissioners of Mon-
roe County, Florida, at a regular meeting held on the 12th day of
January, A.D. 1982.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
.~
~~~~~~d
Ma10r Chairman
(SEAL)
.,
Att<est:
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BY
;\DDENDUivl TO Fl\ANCIi I SE
AGREEMENT
THIS ADDENDUM is made and entered into in duplicate orIgin-
als this 12th day of 1982.
_ January
WITNESSETH:
Section 9 and Section 17 of the Franchise Agreement hereto-
for made and entered into by and between the Board of County Com-
missioners of Monroe County, Florida and MARATHON GARBAGE SERVICE,
INC. in January of 1978 be and same is hereby amended to read as
foIl 0\'1' s :
9. Compensation to the Collector: Compensation for the
Collector for residential and commercial collections shall be esta-
blished 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 Collec-
tor shall receive the sum of $5,00 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
February 10, 1982 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 for which he is obligated to serve, Said
assessment roll shall be accompanied by a Court Warrant made pay-
able to the Collector in an amount equal to $5.00 for each re-
sidential assessment for the current month's period,
Commencing 'on February 19, 1982 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 him the pre-
ceding month and the gross' amount of income collected and shall
pay unto the County twenty (20%) per cent of the gross incomes
received from said commercial accounts in his territory, The com-
mercial percentage payable tb. the County for future years may be
increased or decreasefl' depending on the decision of the Board of
County Commissioners ~uring the conduct of rate hearing held pur-
suant to Ordinance No. 10-1977,
The Collector shall note which commercial accounts have not
been paid and the ~mount of said delinquency owing, For any com-
nlercial 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 dis-
continuance,
The Collector shall, on the month following collection of
any delinquent account, include said information on his list fur-
nished to the County and shall pay the twenty (20%) per cent oWlng
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 s]1all make every effort to collect de-
linquent commercial accounts.
The amounts payable to the Collector for residential accounts
III future years, shall be determined by the Board on an annual basis.
The Board may increase or decrease the residential compensation pily
ahle to the Collector depending on the financial information mild,;;
knotVll to the County during rate hCinings held pursuant to Ordin:lr1c('
\0, lG-1977,
17, AUDIT: The Collector's books shall be open to inspec-
tion or audit at any time at the County's request and expense and
said records shall at all times be maintained in an office situilted
in ~Ionroe 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 bv the Auditor General of the State of Florida with
'lppropriate c;nsultation from the franchise collector, Provided,
110\,ever, the Clerk sh8l1 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 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 pay-
able to the County in an amount representing twenty (20%) per-
cent of said gross receipts no later than 10th day of each month
beginning February 10, ]982,
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
it" :'-1:lvor and Chairman and :lttcstcd bv its Clerk ;lnd its corpor:11t'
seal to be hereto"affixed, all. as of the day and year first abovL'
h'Titten,
DATED: January 12, 1982.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Page 2 of 2 Pages
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ADDENDUM TO FRANCHISE
AGREEMENT
THIS ADDENDUM is made and entered into in duplicate origin-
als this 12th day of January 1982.
WITNESSETH:
Section 9 and Section 17 of the Franchise Agreement hereto-
fore made and entered into by and between the Board of County Com-
missioners of Monroe County, Florida and ISLAND DISPOSAL COMPANY,
INC. in January of 1978 be and 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 ac-
cordance with Ordinance No, 10-1977 has been made, Commencing Feb-
ruary 10, 1982 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 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 10th 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 (20%) 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 COl::~ilissioners 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 dis-
continuance.
The Collector shall, on the month following collection of
any delinquent account, include said information on his list fur-
nished to the County and shall pay the twenty (20%) 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 re-
ceipt shall he issued to each commercial account making payment be
the same by way of cash payment, check or money order, Said re-
ceipt 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.
Page 1 of 2 Pages
. .
The amounts payahle to the Collector for residential accounts
in future years, shall he determined hy the Board on an annual
basis. The Board may increase 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 prepared in accordance with the requirements estab-
lished by the Auditor General of the State of Florida with approp-
riate consultation from the franchise collector. Provided, however,
the Clerk shall not require any audit procedures more comprehensive
or costly then 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 pay-
able to the County in an amount representing twenty (20%) percent
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 affixed
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 written.
DATED: January 12, 1982,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attes~ .
:4U
Cle e oar
ISLAND; DI SPOSA,L COMP?], ,INC,
By/rMd ~~~
Attest:
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BY