Resolution 204A-1993
Environmental Management
RESOLUTION NO. 204A -1993
A RESOLUTION APPROVING THE ASSIGNMENT OF THE OCEAN REEF
SOLID WASTE, INC., SOLID WASTE DISPOSAL FRANCHISE TO
OCEAN REEF ACQUISITION CORPORATION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
The assignment of the Ocean Reef Solid Waste,
Inc., solid waste collection franchise dated November I, 1989, as
amended, a copy of which is attached and incorporated into and
made a part of this resolution by reference, to Ocean Reef
Acquisition Corporation is hereby approved. This assignment is
conditional upon Ocean Reef's acquisition and the Corporation's
assumption of all the liabilities of Ocean Reef Solid Waste,
Inc., and assuming, and being bound by, all provisions, terms,
duties and obligations the terms of the Ocean Reef Solid Waste,
Inc., franchise of November 1, 1989.
-,.,
on the
25th
day of
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Board of County conuni~~~ner~ o:C.
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regular meeting of said~ard ~eld~
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, 1993.
PASSED AND ADOPTED by the
Monroe County, Florida, at a
May
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Mayor Jack London
yes
T>
Mayor Pro Tern Earl Cheal yes
Conunissioner Wilhelmina Harvey yes
Commissioner Shirley Freeman
yes
Commissioner Mary Kay Reich
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~J,d C. ~A~
Deputy Ct'erk
2
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d
Charles P. Aguero, Manager
Municipal Service District
RESOLUTION NO. 681-1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF THE MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE A SOLID WASTE COLLECTION AGREEMENT
BETWEEN THE BOARD AND OCEAN REEF SOLID WASTE,
INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
THE MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to execute a Solid Waste Collection
Agreement between the Board and Ocean Reef Solid Waste, Inc., a
copy of same being attacped hereto and made a part hereof.
PASSiD AND ADOPTED by the Board of County Commissioners of
.
the Monroe County., Florida, at a regular meeting ox the Board
held on the 1st day of November, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
,OF THE MONROE COUNTY, FLORIDA
By:.-~~T
(SEAL)
Attest:PANNX 4 ~OLHAGEl eWE
~-;f~~1Y
,
.
Al'l'lfOVED AS TO FORM
AND LEGAL SUFFICIENCY, . / - / - .
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, SOLID WASTE COLLECTION AGREEMENT
MONROE COUNTY, ~tORIDA
THIS AGREEMENT, made and entered into this 1st day of
November, , 1989, between the Board of County Commissioners of Monroe
County, a political subdivision of the State of Florida,
hereinafter called "Franchisor" and Ocean Reef Solid Waste, Inc.,
hereinafter called "Franchisee".
WIT N E SSE T H :
WHEREAS, on November 1,1989, the Franchisor and the
Franchisee entered into a Solid Waste Collection Agreement for
Monroe County, Florida (1987 Agreement, as amended); and
WHEREAS, the Franchisor and Franchisee desire to nullify and
': 1 ~
cancel the 1987 Agreement as amended and enter into this new
,
Agreement.
NOW THEREFORE, for and in consideration of the mutual benefits
to f low from each to the other, the part ies herein agree as
follows:
1. DEFINITIONS:
A. Board shall mean the Board of County Commissioners
of Monroe County.
B. Collection shall mean the process whereby solid
waste is removed and transported to a Solid Waste Disposal
Facility.
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.,
C.
Commercial
Collection
~ ,
Service
shall
mean
all
Collection Service other than Residential Collection Service as
hereinafter defined.
D. Commercial Solid Waste shall mean any mixture of
Garbage, Trash and Rubbish that is not Residential Solid Waste.
E. Container shall mean and include any container
designed or intended to be mechanically dumped into a loader packer
type garbage truck.
F. Collection Agreement shall include this document.
All amendments thereto shall be made in writing and shall be the
written document between the Franchisor and the Franchisee
governing the provision of services as contained herein.
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G. Contract Administrator shall be appointed by the
i
Franchisor.
H. County shall mean Monroe County, Florida.
T. Dwellinq Unit shall mean any individual residential
living type of structure or building unit with kitchen facilities
capable of being utilized for residential living other than a hotel
or motel unit.
J. Franchisee shall mean that person or entity that has
obtained from the Franchisor a franchise, contract or permit to
provide residential and/or commercial solid waste collection
services.
K.
Franchisor
shall
mean
the
Board
of
.
County
Commissioners of Monroe County.
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L.
Garbage shall meaq)all,kitchen and table food waste,
animal or vegetative waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials.
M. Garbage Receptacle shall mean any commonly available
light gauge steel, plastic or galvanized receptacle of a non-
absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid, handle(s) and without
any jagged or sharp edges.
A receptacle also includes a heavy
duty, securely tied, plastic bag designed for use as a garbage
receptacle.
Any receptacle including waste materials shall not
exceed thirty-two (32) gallons in capacity or fifty (50) pounds in
weight, unless a Franchisee implements an automated or semi-.
automated collection system requiring the use of some other
I
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standard receptacle compatible with the Franchisee1s equipment.
N. Hazardous Waste means solid waste as defined by the
State of Florida Department of Environmental Regulation as a
hazardous waste in the State of Florida Administrative Code Chapter
17-30.
O. Hotel or Motel shall mean a structure or building
unit(s) with kitchen facilities capable of being utilized for
residential living where such unit or a group of such units is
utilized at least fifty (50%) percent 'of the time for "Transient
Occupancy" as such term is defined in Chapter 509, Florida
Statutes, or its successor law.
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P.
Industrial
Waste shall
..
mean any
solid waste
accumulations of metal, metal products, minerals, chemicals, rock,
cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires,
bott les, cans, lumber, sawdust, waste from animal packing or
slaughterhouse, or other materials usually created by an industrial
enterprise.
Q. Biohazardous Wastes shall mean any solid waste or
liquid waste which may present a threat of infection to humans.
The term includes, but is not limited to, non liquid human tissue
and body parts; laboratory and veterinary waste which contains
human disease causing agents; discarded sharps, human blood, human
blood products and body fluids. The following are also included:
" 1
a) Used, absorbent mater ials such as bandages,
i
gauzes or sponges that are supersaturated,
having the potential to drip or splash blood
or body fluids, from areas such as operating
rooms,
delivery
rooms,
trauma
centers,
emergency rooms or autopsy rooms;
b) Devices which retain visible blood adhering to
inner surfaces after use and rinsing such as
intravenous tubing, hemodialysis filters and
catheters; and
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c)
Other contaminated solid waste materials which
.,
represent a significant risk of infection that
are generated in medical facilities which care
for persons suffering from those rare or
unusual diseases requiring strict isolation
criteria and listed by the U.S. Department of
-Health and Human Services, Centers for Disease
Control.
"CDC
Guideline
for
Isolation
Precautions in Hospitals," July/August, 1983.
R. Multi-Family Dwellinq Unit shall mean and include
any building or structure containing two (2) or more Dwelling Units
under one roof.
S. Permitted bisposal Facility shall mean the place or
places specifically designated by the Franchisor for the disposal
I
of solid waste.
T. Residential Collection Service shall mean service
to all Dwelling Units, including but not limited to, single-family
dwelling units, each living unit in a multi-family dwelling unit,
condominium or cooperative association, each mobile home whether
located in a mobile home park or on an individual parce 1 of
property whether or not the lot is owned by the mobile home owner
and whether or not the unit has an RP tag, and each time-sharing
unit.
U. Resident ial Sol id Waste shall mean a mixture of
Garbage, Rubbish and Trash resulting from the normal housekeeping
activities of a residential unit.
~
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v.
Rubbish shall mean all refuse, accumulation of
paper, excelsior, rags, wooden or paper boxes and containers,
sweep-ups, and all other accumulations of a nature other than
garbage, which are usual to housekeeping and to the operation of
stores, off ices and other business places.
Also rubbish shall
include any bottles, cans or other containers which, due to their
ability to retain water, may serve as breeding places for
mosquitoes or other water-breeding insects.
W. Service Area shall mean that portion of the
unincorporated area of the County as described in Exhibit I, for
which the Franchisee has an executed Collection Agreement.
X. Sludge shall mean a solid or semi-solid or liquid
generated
from
""'. , ":
any waste water
treatment
plant,
water
supply
,
treatment plant, air pollut ion control faci li ty, sept ic tank,
grease trap, portable toilets and related operations, or any other
such waste having similar characteristics or effects.
Y. Special Waste shall mean those wastes that require
extraordinary management.
They include, but are not limited to,
abandoned automobiles, used tires, waste oil, sludge, dead animals,
agricultural and industrial waste, septic tank pumpings and
Biohazardous and Hazardous wastes.
Z. Trash shall include the specific term "yard trash -
regular" and "yard trash - bulk".
AA.
White
Goods
and
Furniture
means
discarded
refrigerators, ranges, washers, water heaters, bicycles and other
similar domestic appliances and household goods generated from the
property of a Dwelling Unit.
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BB.
Yard Trash - Regular shall mean vegetative matters
generated from the property of a Dwelling Unit resulting from yard
and landscaping maintenance and shall include materials such as
tree and shrub trimmings, grass clippings, palm fronds or small
tree branches which shall not exceed four (4) feet in length and/or
four (4) inches in diameter. Such trash shall be bundled or placed
in containers which are susceptible to normal loading and
collection as other Residential Solid Waste. No bundle or filled
container shall exceed fifty (50) pounds in weight.
CC. Yard Trash - Bulk shall mean large cuttings of
vegetative and wood matter which are part of normal yard
maintenance which cannot be cut for placement in a container, bag,
or
bundle
due
to
the
., , ,
material
exceeding
the weight
and
size
,
restrictions for regular yard trash. Bulk yard trash shall be of
a'type as to be readily handled by the mechanical equipment of the
Franchisee and bulk yard material shall not exceed six (6) feet in
length.
Bulk yard trash does not include any form of matter or
debris resulting from commercial tree removal; land clearing; land
development; building demolition or home improvement. Home
improvements as defined herein would include but not be limited to
carpeting, cabinets, dry wall, lumber, paneling, and other such
construction related materials. Carpeting will be picked up by the
Franchisee if cut to lengths of six (6) feet or less and bundled.
Bulk yard trash does not include automobiles and automotive
components, used tires, boats and internal combustion engines. In
the case of a dispute between a Franchisee and a customer as to
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w~at constitutes bulky yard trash, the situation will be reviewed
and decided by the Contract Administrator whose decision will be
final.
2. SERVICE PROVIDED BY PRANCHISEE:
A. Exclusive Franchise Granted. The Franchisee is he'rein
granted an exclusive franchise to provide Residential Collection
Service and Commercial Collection Service in the Service Area as
described in Exhibit I. No other entity except the Franchisee may
offer or provide Residential Collection Service or Commercial
Collection Service in the Service Area. The Franchisor agrees to
assist the Franchisee in taking timely action against any entity
"" , .
violating the provisions of this Section.
i
B.
Service Provided By Franchisee.
The Franchisee shall
provide Residential Collection Service to all Dwelling Units in the
Service Area. The Franchisee shall provide Commercial Collection
Service in the Service Area.
Adjustments to Service Area
boundaries due to municipal annexation or contraction will be as
provided by law.
C. Responsibility For Service Billing and Collection. The
Franchisor shall be responsible for the billing and payments for
Residential Collection Service.
The Franchisee shall provide
billing and collection services for Commercial Collection Services
as provided herein.
R
0:
Emerqencv Service Provisions. In
the
event
of
a
,
.
hurricane, tornado, major storm or 'other natural disaster, the
Contract Administrator may grant the Franchisee a variance from
regular routes and schedules.
As soon as practicable after such
natural disaster, the Franchisee shall advise the Contract
Administrator when it is anticipated normal routes and schedules
can be resumed.
The Contract Administrator shall make an effort
through the local news media to inform the publ ic when regular
services may be resumed. The clean-up from some natural disasters
may require that the Franchisee hire additional equipment, employ
additional personnel, or work existing personnel on overtime hours
to clean debris resulting from the natural disaster. Between May
1st and May 30th of an~ y~~r that this Collection Agreement is in
effect, the Franchisee shall furnish the Contract Administrator in
a format approved by the Contract Administrator a rate schedule for
equipment and service for a clean-up of natural disasters or other
such occurrences. The Franchisee shall receive extra compensation
above the normal compensation contained in this Collection
Agreement, after such has been approved by the Board, based on the
rate schedule submitted to the Contract Administrator. Payment for
these services shall be made by the Franchisor within ninety (90)
days of the receipt of the billing by the Franchisor.
3. TERM:
The term of this Contract shall be for a period beginning
November 1, 1989 and terminating September 30, 1994.
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SOLID WASTE COLLECTION SERVICE:
A. All Collection Services:
(1) Conditions and Frequency of Service. All
Residential Solid Waste including Yard Trash-Regular
shall be properly containerized in Garbage Receptacles
or tied in bundles not exceeding four (4) feet in length.
No filled receptacle or bundle shall exceed fifty (50)
pounds in weight. (Yard Trash - Bulk will be as defined
in Section 1.CC) Residential Collection Service, except
for permitted holidays, shall be provided twice per week
with not less than forty-eight (48) hours nor more than
seventy-two (72) hours between regularly scheduled pick-
up days. Yard, TF~sh - Bulk and White Goods and Furniture
as defined in Section 1.CC and 1.AA of this Collection
Agreement shall be picked-up by the Franchisee within
seven (7) calendar days of notification by the resident
of the Dwelling Unit. White Goods and Furniture and Yard
Trash -Bulk must be placed at the usual accessible pick-
up location.
(2) Where
Containers
used
to
are
provide
Resident ial Collect ion Service, the level of service
should be sufficient to meet the needs of the customers
in a safe and sanitary manner.
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(3) In the event the parties cannot reach an
agreement, the Contract Administrator shall make a
decision binding on both parties as to the level and type
of service to be provided including the location and size
of Containers and the required number of pick-ups per
week. The Franchisee shall provide and bill the customer
for the Residential Collection Service Containers at the
maintenance fee approved by the Board in the approved
rate schedule.
(4) Accessibility. All Residential Solid Waste to
be collected shall be placed within six (6) feet of the
curb; paved surface of the public roadway, closest
accessible p~blic right-of-way, or other such location
agreed to by the Franchisee that will provide a safe and
efficient accessibility to the Franchisee's collection
crew and vehicle. Where the resident of a Dwelling Unit
is physically unable to deliver Residential Solid Waste
to curbside and this is certified by the Contract
Administrator, or the residential structure is located
in such a manner as to provide non-accessibility to the
Franchisee's crew or vehicle, an alternative location may
be arranged between the customer and the Franchisee at
no extra cost to the customer.
In the event an
appropriate location cannot be agreed upon, the Contract
Administrator shall mediate the dispute and designate the
location for pick-up. The Franchisee may provide
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additional services such as back door collection for an
additional fee to be determined by the Franchisee and
billed by the Franchisee directly to the customer.
(5) Hours of Collect ion. Residential Collection
Service shall be provided between the hours of 5:00 a.m.
and 11:00 p.m. Monday through Saturday. For the purpose
of this Section only, Multi-Family Dwelling Units
receiving a containerized collection service and non-
residential uses located adjacent to residential uses
shall be considered residential collection and shall only
be collected between the hours of 5:00 a.m. and 11:00
p.m. Monday' through Saturday. Other non-residential
uses, may b~ lcollected at any time. The hours of
i::ollection may be extended due to extraordinary
circumstances or conditions with the prior consent of the
Contract Administrator.
(6) Routes and Schedules. For Residential
Collection Service only, the Franchisee shall provide the
Contract Administrator, in a format acceptable to the
Contract Administrator, the schedules for all Collection
routes and keep such information current at all times.
If any changes in the Collection routes occur, then the
Contract Administrator shall be immediately notified in
writing. In the event of a permanent change in routes
or schedules that wi 11 al ter the day of pick-up, the
Franchisee shall immediately notify the customer affected
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in wr'i ting or other manner approved by' the Contract
Administrator not less than two (2) weeks prior to the
change.
(7) Manner of Collection. The Franchisee shall
collect Residential and Commercial Solid Waste with as
little disturbance as possible and shall leave any
Garbage Receptacle at the same point it was collected.
To be eligible for pick-up, Residential Solid Waste and
Yard Trash-Regular must be placed in a Garbage Receptacle
or properly bundled. Yard Trash - Bulk and White Goods
and Furniture as defined in Section l.CC and 1.AA of this
Collection Agreement shall be picked up by the Franchisee
within seven ,(~); calendar days of notification by the
r~sident of the Dwelling Unit. White Goods and Furniture
and Yard trash Bulk must be placed at the usual
accessible pick-up location.
(8) Personnel of the Franchisee.
a. The Franchisee shall assign a qualified
person or persons to be in charge of the operations
within the Service Area and shall give the name(s)
of the person(s) to the Contract Administrator.
b. Each driver of a collection vehicle shall
at all times carry a valid Florida driver's license
for the type of vehicle that is being driven.
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c. The Franchisee I s name and of'! ice telephone
number shall be properly displayed on all
Residential and Commercial Solid Waste Collection
vehicles.
(9) Spillage. The Franchisee may refuse to collect
any Residential or Commercial Solid Waste that is not
contained within a Garbage Receptacle, Container or
properly bundled as provided herein. The Franchisee
shall transport all Residential and Commercial Solid
Waste in such a manner as to prevent the spilling or
blowing from the Franchisee's vehicle. The Franchisee
shall promptly clean up all spillage caused by the
Franchisee.
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i (10) Permitted Disposal Facility. All Residential
and Commercial Solid Waste shall be delivered as
designated by the Franchisor to the closest Residential
and Commercial Solid Waste disposal site or facility to
the Franchisee's Service Area. In the event the
Franchisor or its designee should require the Franchisee
to deliver to a disposal site or facility which is a
greater distance than the nearest disposal site or
facility, the Franchisor shall compensate the Franchisee
for such additional directly related costs based on a
cost per truck mile annually agreed upon by the
Franchisor and Franchisee.
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.The Franchisee shall provide writtenCnotice to the
'~"
Franchisor by May 30th of each year the estimated cost
of operation per truck mile which shall be in effect for
the ensuing twelve (12) month period beginning July 1st.
The Franchisor shall provide the Franchisee written
notice of either approval or denial of the proposed cost
by June 15th.
If denied, the Franchisor and the
Franchisee agree to negotiate in good faith and reach
agreement regarding the estimated cost per truck mile.
Such agreement shall not be unreasonably withheld by
either the Franchisor or Franchisee.
I f an agreement
cannot be reached, the Franchisee may petition the Board
of County Commissioners for a final hearing on the
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genial. Such decision by the Board shall be final.
(11) Collection Equipment.
The Franchisee shall
have on hand at all times and in good working order such
equipment as shall permit the Franchisee to adequately
and efficiently perform the contractual duties specified
in this Collection Agreement.
Upon execution of this
Collection Agreement and annually thereafter, the
Franchisee shall provide in a format specified by the
Contract Administrator a list of the equipment used by
the Franchisee to provide services relating to this
Collection Agreement.
Residential and Commercial
Collection Service equipment shall be of the enclosed
loader packer type and all equipment shall be kept in
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good repair, appearance and in a sanitary, clean
condition at all times. The Franchisee shall have
available reserve equipment which can be promptly put
into service in the event of a breakdown. Such reserve
equipment shall correspond in size and capacity to the
equipment used by the Franchisee to perform the
contractual duties.
(12) Special Waste, Hazardous Waste, Biohazardous
Waste and Sludge. The Franchisee shall not be required
to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous Waste or Sludge, but may offer such service
in the Service A~ea. All such Collection and disposal
for those types. of waste in this Section are not
~egulated under this Collection Agreement, but if
provided by the Franchisee shall be in strict compliance
with all federal, state and local laws and regulations.
(13) Holidays. The following days shall be holidays:
Fourth of July, Labor Day, Thanksgiving Day, Christmas
Day and New Year I s Day. The Franchisee shall not be
required to collect Residential Solid Waste or maintain
office hours on these designated holidays. Residential
Solid Waste not collected on the designated holidays
shall be collected on the customer's next scheduled pick-
up day after the holidays.
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B. Commercial Collection Service:
The Franchisee shall, except as otherwise provided in
this Collection Agreement, collect and dispose of all
Commercial Solid Waste in the Service Area, except Special
Waste, Hazardous Waste, Biohazardous Waste and Sludge, from
or generated by any use as def ined in Sect ion 1. C of this
Collection Agreement. Such Commercial Collection Service
shall be governed by the following material terms:
(1) Conditions and Frequency of Service. A
minimum of once a week service is required of all
customers, however, where Garbage, as defined herein, is
generated, a minimum of twice per week collection is
required. SUC~ ~ervice shall be provided by mechanical
Oontainer as defined herein. However, where a customer
generates one (1) cubic yard or less per week of waste,
Garbage Receptacles provided by the customer may be
utilized. Customers generating one (1) cubic yard or
less per week shall be charged at the minimum cubic yard
rate as established. The size of the Container and the
frequency of Collection shall be determined between the
customer and the Franchisee. However, size and frequency
shall be suff icient to provide that no Garbage and
Commercial Solid Waste need be placed outside the
Container. Storage capacity shall be suitable for the
amount of waste generated by the customer. In the event
the parties cannot reach an agreement, the Contract
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Administrator shall make a decision binding on both
.. ..,
parties as to the level' and type of service to be
provided including the location and size of Containers
and the required number of pick-ups per week. The
Franchisee shall provide the Commercial Collection
Service Containers at the maintenance fee approved by the
Board in the approved rate schedule.
All Commercial Solid Waste shall be placed in a
Container or Garbage Receptacle.
Where
Garbage
Receptacles are used, they shall be placed at the
roadside or at such other single collection point as may
be agreed upon between the Franchisee and the customer.
All Containers shall be kept in a safe, accessible
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;'ocat ion agreed upon between the Franchisee and the
customer. Mechanically compacted Commercial Solid Waste
shall not be placed by a customer in a non-compaction
Container.
(2) Method of Collecting.
Collection shall occur
on a regular basis with a frequency of pick-up as
provided herein and the size of the Container to be
agreed upon between the Franchisee and the customer.
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(3) Level, Type and Disclosure of Rates for
Commercial Collection and O'ther Services. For Commercial
Collection Service and other non-residential services,
a written agreement between the Franchisee and the
customer shall be entered into regarding the level and
type of service to be provided and manner of collection
of fees.
The fees charged to the customer shall be in
accordance with the rate schedule as shown in Exhibit II
and as may be adjusted pursuant to the provisions of this
Collection Agreement. The fees charged to the customer
by the Franchisee may vary in accordance with the rate
schedule in Exhibi t II based on changes in size of
Containers and/or changes in frequency of Collection.
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Tpe terms and conditions of such agreement shall be in
compliance with all provisions of this Collection
Agreement. The customer shall subscribe tol a level of
service sufficient to meet the needs of the customer in
a sanitary and efficient manner. However, upon failure
of the parties to reach such an agreement, either party
may apply to the Contract Administrator, who shall
establish the level and type of service to be provided
including the location, size of the Container and number
of pick-ups per week and the "TOTAL RATE" to be charged
within the approved rate limits contained in Exhibit II.
The Franchisee will be responsible for the billing and
collection of Commercial Collection Service except as
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otherwise provided in this Collection Agreement.
The
written agreement between the Franchisee and the customer
shall contain a separate page as follows:
"REGULATION BY MONROE COUNTY"
The terms and conditions of this Commercial Solid Waste
Collection Service Agreement are regulated by a
Collection Agreement granted by Monroe County.
Should
the customer have any questions relating to the terms and
condi tions of this Collection Agreement, the customer may
call the Contract Administrator at the Municipal Service
District Office.
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"COMMERCIAL COLLECTION CONTAINERS"
The Franchisee shall provide the Commercial Collection
Container and shall collect and maintain such container
at rates approved by the Board.
Commercial Collection
Containers shall be maintained by the Franchisee in a
serviceable and safe condition.
However, should a
customer cause damage to a Container, the customer will
be responsible for compensating the Franchisee for the
amount of the damages as determined by the Contract
Administrator.
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.' A
IISPECIAL SERVICES 11
The Franchisee is not required to provide special
services for the Collection of Commercial Solid Waste
such as rolling Containers out of storage areas, opening
doors or gates for access, or other such special
services. Such special services may be provided by the
customer, through its own or other personnel, or may be
separately negotiated with the Franchisee. If negotiated
wi th the Franchisee, such charge must be separately
stated as item (c) under the IIRATES FOR SERVICESII
disclosure.
IIRA'!E~ FOR REGULAR SERVICEII
The total RATES FOR REGULAR SERVICE under this Commercial
Solid Waste Collection Services Agreement are as follows:
(a.) COST OF COLLECTION
(b.) COST OF DISPOSAL
(c.) CHARGES FOR SPECIAL SERVICES
REQUIRED BY CUSTOMER
TOTAL COST:
$
$
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.t ..
'5'.
, '
CHARGES, RATES AND LEVEL OF SERVICES:
A.
Residential and Commercial Rate Adjustments.
For
Residential and Commercial Collection Services, the charges shall
be initially based on the rates shown in Exhibit II, and as
subsequently adjusted pursuant to this Collection Agreement. The
Franchisee shall receive an annual adjustment in the residential
and commercial rates to conform with any increase or decrease for
the previous calendar year in the United States Department of
Labor, Bureau of Statistics, Washington, D.C., Consumer Price Index
for Urban Wage Earners and Clerical Workers - All Items - (1982-84
= 100) for the Miami area.
In no case shall the Consumer Price
Index adjustment exceed seven (7%) percent.
In addition to the annual adjustment to the base rate
" 1 "
calculated using Consumer Price Index, the base rate shall also be
I
adjusted to reflect the actual percentage change from October 1
through September 30 of the previous service year in the number of
Dwelling Units receiving Residential Collection Service.
The total rate adjustment shall be calculated by adding the
current fiscal year Collection Contract base rate adjusted by total
percentage change in the Consumer Price Index as described herein
and the residential Dwelling Unit growth factor described above.
22
No.ch~nge in any Residential or Commercial Collection Service
.
.~ rates, except for the annual adj~stm~nt as provided by this Section
5.A, shall be made by the Franchisor except as otherwise provided
in this Collection Agreement. The Franchisor shall implement the
annual adjustment by Resolution as part of the Franchisor's annual
budget adoption process.
Annual rate adjustments shall be
effective October 1st, unless otherwise mutually determined by the
Franchisor and Franchisee.
B. Franchisor's Obliaation - Billing, Collection, Payments
The Franchisor or its designee will be responsible for
the billing and collection of payments for Residential
Collection Services.
The Franchisee shall- be entitled to
payment for services rendered irrespective of whether or not
the Franchisor coll~cts from customers for such service. On
I
or before November 1, 1989, and before commencement of work
by the Franchisee under the terms of this Agreement t the
Franchisor shall provide to the Franchisee a copy of the
annual assessment roll or other appropriate document listing
the Residential Collection Service Dwelling Units to receive
service. Thereafter and for the duration of this agreement,
the Franchisor shall promptly notify the Franchisee of new
residential units to be served and/or deleted.
This monthly payment will be due and paid to the
Franchisee no later than the tenth (10th) day of the month
,
following the month during which services were rendered.
23
C'.
Solid, Waste Disposal Costs.
Commercial
Solid
Waste
.'"
, .
Collection Service disposal costs shall be separated from
Commercial Collection Service costs as shown in Exhibit II.
Residential disposal costs will be part of the special
assessment bi lIed by the Franchisor.
Commercial disposal
costs will be part of the service charge billed by the
Franchisee until September 30, 1990. The Franchisee will pay
the Franchisor for Commercial Solid Waste disposal until
September 30, 1990, based on the calculation shown in Exhibit
II. Beginning October 1, 1990, commercial solid waste
disposal costs will be billed and collected by the Franchisor.
If the Franchisor is unable to implement the system to provide
for the collection of commercial solid waste disposal costs
" '1 ,
by Oc1=ober 1, 1990, the Franchisee will continue to bill
commercial customers for solid waste disposal costs until the
Franchisor implements its billing system.
D.
Extraordinary Rate Adjustment.
The Franchisee may
petition the Franchisor at any time for an additional rate
adjustment on the basis of extraordinary and unusual changes
in the cost of operations that could not reasonably be
foreseen by a prudent operator.
The Franchisee I s request
shall contain substantial proof and justification to support
the need for the rate adjustment. The Franchisor may request
from the Franchisee such further information as may be
reasonably necessary in making its determination. The
Franchisor, act ing reasonably, shall approve or deny the
request, in whole or in part, within sixty (60) days of
24
.'
r~ciei~t of the request and all other additional information
. ,
required by the Franchisor~
6. OFFICE:
The Franchisee shall maintain an off ice wi thin Monroe
County where complaints can be received. It shall be equipped
wi th suff icient telephones, and shall have responsible persons
in charge and shall be open during normal business hours,
Monday through Friday.
The Franchisee shall provide either
a telephone answering service or mechanical device to receive
customer inquiries during those times when the off ice is
closed.
..... '1 '"
7. SERVICE INQUIRIES AND COMPLAINTS:
,
A. All service inquiries and complaints shall be
directed to the Franchisee.
All service complaints will be
handled by the Franchisee in a prompt and efficient manner.
In the case of a dispute between a Franchisee and a customer,
the matter will be reviewed and a decision made by the
Contract Administrator.
B. The Franchisee will maintain a written record of all
inquiries and complaints on forms provided by the Franchisor.
The following information will be provided for each inquiry
o~ complaint: Date; time of call; person calling; address of
person call ing; telephone number of person call ing; reason
for inquiry or complaint; and action taken by Franchisee.
The Franchisee will, by the tenth (10th) day of each month
25
.
f!l~ with the Contract Administrator a copy of the completed
forms for all inquiries 'and 'complaints received by the
Franchisee during the preceding month.
C.
The
Franchisee
provide
Contract
the
shall
Administrator with a report of the disposition of any
unresolved complaint involving a claim of damage to private
or public property as a result of actions of the Franchisee's
employees, agents or subcontractors.
8.
FILING OF REQUESTED INFORMATION AND DOCUMENTS:
(1) In addition to any other requirements of this
Collection Agreement, the Franchisee shall be required to file
pertinent information pertaining to Residential and Commercial
~ 1 1
Collection Services that is requested by the Franchisor to
i
comply with the provisions of Section 403, F.S. and other
regulations promulgated thereunder.
(2) The Franchisee shall file and keep current with the
Franchisor all documents and reports required by this
Collection Agreement. During the month of September for each
year this Collection Agreement is in effect, the Franchisee,
based on a list provided by the Franchisor, shall ensure and
certify to the Franchisor that all required documents such as,
but not limited to, certificates of insurance, audits,
p~rformance bond or letter of credit, route schedule and maps,
drivers license certifications, and list of collection
equipment vehicles, are current and on file with the
Franchisor.
"1
26
9, PERMITS AND LICENSES:
..
The Franchisee shall 'obta'ln, at his own expense, all
permi ts and licenses required by law for the Franchisee I s
operation under this Collection Agreement and maintain the
same in full force and effect.
10. PERFORMANCE BOND:
The Franchisee, if required, shall furnish to the
Franchisor a performance bond executed by a surety company
licensed to do business in the State of Florida and/or an
irrevocable letter of credit issued by a local bank for the
fai thful performance of this Collection Agreement and all
obligations arising hereunder in an amount as shall be
" , ,
determined by Franchisor. In no event shall the amount of the
,
performance bond or letter of credit, if required, exceed the
amount of Residential and Commercial Collection Service
revenues collected by the Franchisee in the Service Area
during the previous fiscal year.
The irrevocable letter of
credit or bond provided hereunder, each may be substituted for
the other upon approval by the Franchisor. The form of this
bond or letter of credit shall be acceptable to the
Franchisor's attorney.
11. WORKER'S COMPENSATION INSURANCE:
Worker's Compensat ion coverage must be maintained in
accordance with statutory requirements as well as Employer's
Liability Coverage in an amount not less than $100,000.00 per
incident.
27
'112.- LIXBILITY INSURANCE:
.
The Franchisee shall, 'duritlg the term of this Agreement,
and any extensions hereof maintain in full force and effect
general and automobile liability insurance, which specifically
covers all exposures incident to the Franchisee's operations
under this contract. Such insurance shall be with a company
rated "A" or better by Best Rating Service and in an amount
of not less than $1,000,000.00 Combined Single Limi t for
personal injury,
including death,
and property damage
liability and shall include but not be limited to coverage for
Premises/Operations,
Products/Completed
Operations,
Contractual,
to support the Franchisee's agreement or
indemnity and Fire Legal Liability. Policy(ies) shall be
" ,
endorsed to show the Franchisor, a political subdivision of
I
the state of Florida, as an additional insured as its
interests may appear; and shall also provide that insurance
shall not be cancelled, limited or non-renewed until after
thirty (30) days written notice has been given to the
Franchisor.
Current cert i f icates of insurance ev idenc ing
required coverage must be on file with the Franchisor at all
times. Franchisee expressly understands and agrees that any
insurance protection furnished by Franchisee shall in no way
limit its responsibility to indemnify and save harmless
Franchisor under the provision of Paragraph 13 of this
Agreement.
28
'13..
..
LNDEMNITY:
The Franchisee will ho1d th~ Franchisor harmless from any
and all I iabi lit ies, losses or damages the Franchisor may
suffer as a resul t of claims, demands, costs or judgments
against the Franchisor arising out of the negligence or
omission of the Franchisee or its employees, which said
liabilities, losses, damages, claims, demands, costs or
judgment arise directly out of the matters which are the
subject of this Collection Agreement and the work to be
performed thereby. The Franchisee shall in no way be
responsible for or in any way indemnify or hold the Franchisor
harmless for any act, omission, negligence or other liability
caused by the act or omission in whole or in part of the
.... ., "";
Franchisor or anyone of its employees or agents.
,
14. BOOKS AND RECORDS:
The Franchisor or its designee shall have the right to
review on three (3) days written notice all records maintained
by the Franchisee pertaining to this Collection Agreement.
An annual audit of the books and records by a Florida
independent certified public accounting firm prepared in
accordance with generally accepted account ing pr inc iples,
pertaining only to each individual Collection Agreement and
Service Area, shall be delivered to the Franchisor within one
hundred and twenty (120) days of the twelve (12) month period
ending the Franchisee I s fiscal year, unless an extension
should be approved by the Franchisor. No rate adjustments of
29
. . any type will be granted to the Franchisee unless all required
...
audits have been filed in a timely manner.
15. POINT OF CONTACT:
All dealings, contacts, notices and payments between the
Franchisee and the Franchisor shall be directed by the
Franchisee to the Contract Administrator.
16. NOTICE:
A letter addressed and sent by United States Mail Return
-
Receipt to either party at its business address shown
hereinabove or hand delivered with a signed receipt shall be
sufficient notice whenever required for any purposes in this
......., 'l ":
Collection Agreement, except where otherwise herein designated
I
by telephone.
17. DEFAULT OF CONTRACT:
A. The Franchisor may cancel this Collect ion Agreement,
except as otherwise provided below in this section, by giving
Franchisee thirty (30) days advance written notice, to be
served as hereafter provided, upon the happening of anyone
of the following events:
30
. .
1.
Franchisee shall take the benefit of any
....
present or future insolvency statute, or shall make a
general assignment for the benefit of creditors, or file
a voluntary petition in bankruptcy or a peti t ion or
answer seeking an arrangement for its reorganization or
the readjustment of its indebtedness under the Federal
Bankruptcy laws or under any other law or state of the
United States or any state thereof, or consent to the
appointment of a receiver, trustee or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, Franchisee shall
be adjudged bankrupt or an order s,hall be made approving
a petition filed by any of its creditors or by any of the
stockholders
.... , ':
of
the
Franchisee,
seeking
its
,
reorganization or the readjustment of its indebtedness
under the Federal bankruptcy laws or under any law or
statute of the United States or of any state thereof,
provided that if any such judgment or order is stayed or
vacated within sixty (60) days after the entry thereof,
any notice of cancellation shall be and become null, void
and of no effect; unless such stayed judgment or order
is reinstated in which case, said default shall be deemed
immediate; or
31
, .
. .
,3.
By or pursuant to or under authority of any
"'
I 1 lat 1ve act reso' lut l' 0' n or rule or any order or
eg's' ,
decree of any Court or governmental board, agency or
officer having jurisdiction, a receiver, trustee or
liquidator shall take possession or control of all or
substantially all of the property of the Franchisee, and
such possession or control shall continue in effect for
a period of sixty (60) days; or
4. The Franchisee has defaulted, by failing or
refusing to perform or observe the terms, conditions or
covenants in this Agreement or any of the rules and
regulations promulgated by the' Franchisor pursuant
thereto or has wrongfully failed or refused to comply
with the instructions of the Contract Administrator
" '1 '
relative thereto and said default is not cured within
,
thirty (30) days of receipt of written notice by
Franchisor to do so, or if by reason of the nature of
such default, the same cannot be remedied within thirty
(30) days following receipt by Franchisee of wr i tten
demand from Franchisor to do so, Franchisee fai Is to
commence the remedy of such default within said thirty
(30) days following such written notice or having so
commenced shall fail thereafter to continue with
diligence the curing thereof (with Franchisee having the
burden of proof to demonstrate [a] that the default
cannot be cured within thirty (30) days, and [b) that it
is proceeding with diligence to cure said default, and
32
..\ ..
such default will be cured within a reasonable period of
time.
B. However, notwithstanding anything contained herein
to the contrary, for the failure of Franchisee to provide
Collection Service for a period of five (5) consecutive
scheduled working days, the Franchisor may secure the
Franchisee's billing records on the sixth (6th) working day
in order to provide interim collection services until
such time as the matter is resolved and the Franchisee is
again able to perform pursuant to this Collection Agreement;
provided, however, if the Franchisee is unable for any reason
or cause to resume performance at the end of thirty (30)
working days all liabili ty of the Franchisor under this
..., .,
Collection Agreement to the Franchisee shall cease and this
,
Collection Agreement may be deemed immediately terminated by
the Franchisor.
C. Notwithstanding the foregoing and as supplemental and
additional means of termination of this Collection Agreement
under this Section, in the event that Franchisee's record of
performance shows that Franchisee has frequently, regularly
or repeti tively defaulted in the performance of any of the
covenants and condi t ions required herein to be kept and
performed by Franchisee, in the opinion of Franchisor and
regardless of whether Franchisee has corrected each individual
condition of default, Franchisee shall be deemed a "habitual
violator", shall forfeit the right to any further notice or
grace period to correct, and all of said defaults shall be
33
, ,
",
c.onsidered cumulative and collectively, shall: constitute a
'.
The Franchisor shall
condition of irredeemable' default.
thereupon
issue
Franchisee
final
warning
citing
the
circumstances therefore, and any single default by Franchisee
of whatever nature, subsequent to the occurrence of the last
of said cumulative defaults, shall be grounds for immediate
termination of this Collection Agreement. In the event of any
such subsequent default, Franchisor may terminate this
Collection Agreement upon the giving of written Final Notice
to Franchisee, such cancellation to be effective upon the
fifteenth consecutive calendar day following the date of Final
Notice, and all contractual fees due hereunder plus any and
all charges and interest shall be payable to said date, and
" 1 :
Franchisee shall have no further right~ hereunder.
,
Immediately upon receipt of said Final Not ice, Franchisee
shall proceed to cease any further performance under this
Collection Agreement.
D. In the event of the aforesaid events specified in
paragraphs A, Band C above and except as otherwise provided
in said paragraphs, termination shall be effective upon the
date specified in Franchisor's written notice to Franchisee
and upon said date this Collection Agreement shall be deemed
immediately terminated and upon such termination all liability
of the Franchisor under this Collection Agreement to the
Franchisee shall cease, and the Franchisor shall have the
right to call the performance bond and shall be free to
negotiate with other Franchisees for the operation of the
34
, .
~erein specif ied services.
The Franchisee for failure to
., ,.
perform shall reimburse the Franchisor all direct and indirect
costs of providing interim collection service.
18. MODIFICATIONS TO COLLECTION AGREEMENT DUE TO PUBLIC WELFARE
OR CHANGE IN LAW:
The Franchisor shall have the power to make changes in
this Collection Agreement as the result of cha~ges in law and
to impose new and reasonable rules and regulat ions on the
Franchisee under this Collection Agreement relative to the
scope and methods of providing Residential and Commercial
Collection Services as shall from time to time be necessary
and desirable for the public welfare.
The Franchisor shall
give the Franchisee'ieasonable notice of any proposed change
I
and an opportunity to be heard concerning those matters. The
scope and method of providing Residential and Commercial
Collection Services as referenced herein shall also be
liberally construed to include, but is not limited to the
manner, procedures, operations and obligations, financial or
otherwise, of the Franchisee. The Franchisor and Franchisee
understand and agree that the 1988 Florida Legislature has
made comprehensive changes
in Solid Waste Management
legislation and that these and other changes in law in the
future which mandate certain actions or programs for counties
or municipalities may require changes or modifications in some
of the terms, conditions or obligations under this Collection
Agreement. Nothing contained in this Collection Agreement
35
ahall' require any party to perform any act, or funct ion
....
-(
contrary to law. The Franchiso~ and Franchisee agree to enter
into good faith negotiations regarding modifications to this
Collection Agreement which may be required in order to
implement changes in the interest of the public welfare or due
to change in law.
When such modifications are made to this
Collection Agreement, the Franchisor and Franchisee shall
negotiate in good faith,
a reasonable and appropriate
compensation for any additional services or other obligations
required of the Franchisee due to any modi f icat ion in the
Collection Agreement under this Section. The Franchisor shall
not unreasonably withhold agreement to such compensation. At
the sole opt ion of the Franchisor, the scope of services
" 1 ,
included under the provisions of this Collection Agreement may
,
be amended to include residential and/or commercial recycling
collection services and/or the processing and/or marketing of
recyclable materials to include, but not be limited to,
newspapers,
glass,
aluminum,
metal
cans,
plastics and
corrugated cardboard materials.
Should the Franchisor
exercise this option, the Franchisee and the Franchisor agree
to negotiate in good faith the terms and conditions of service
and the amount of compensation to be paid to the Contractor
for providing the services.
If the Franchisor and the
Franchisee fail to reach an agreement within sixty (60) days
from the initiation of such negotiations, the Franchisor may
I
solicit proposals from other persons to undertake residential
and/or commercial recycling services as are determined and
required by the Franchisor.
36
19. RIGHT .TO REQUIRE PERFORMANCE:
. .
'\J>
The failure of the Francl'}isor at any time to require
performance by the Franchisee of any provisions hereof shall
in no way affect the right of the Franchisor thereafter to
enforce the same. Nor shall waiver by the Franchisor of any
breach of any provisions hereof be taken or held to be waived'
of any succeeding breach of such provisions or as a waiver of
any provision itself.
20'. TITLE TO WASTE:
The Franchisor reserves the right at all times to hold
title and ownership to all Residential 'and Commercial
Collection Services Solid Waste collected by the Franchisee
pursuant to this Corlection Agreement.
i
21. LAW TO GOVERN:
This Collection Agreement shall be governed by the laws
of the State of Florida.
22. COMPLIANCE WITH LAWS:
The Franchisee shall conduct operations under this
Collection Agreement in compliance with all applicable laws.
23. ILLEGAL PROVISIONS:
If any provisions of this Collection Agreement shall be
declared illegal, void or unenforceable, the other provisions
shall not be af fected but shall remain in full force and
;,
effect.
37
.~4 .
\'
ASSIGNMENT AND SUBLETTING:
.
No assignment of this. Collection Agreement or any right
occurring under this Collection Agreement shall be made in
whole or part by the Franchisee without the express written
consent of the Franchisor.
The Franchisor shall have full
discretion to approve or deny, with or without cause, any
proposed assignment or assignment by the Franchisee. Any
assignment of this Collection Agreement made by the Franchisee
without the express written consent of the Franchisor shall
be null and void and shall be grounds for the Franchisor to
declare a default of this Collection Agreement and immediately
terminate this Collection Agreement b~ giving written notice
to the Franchisee, and upon the date of such not ice this
Collection Agreement shall be deemed immediately terminated,
I
and upon such termination all liability of the Franchisor
under this Collection Agreement to the Franchisee shall cease,
and Franchisor shall have the right to call the performance
bond and shall be free to negotiate with other Franchisees or
any other person or company for the service of the Service
Area which is the subject of this Collection Agreement. In
the event of any assignment, assignee shall fully assume all
the liabilities of the Franchisee.
I t is the intent of the part .iE!S that no Franchi see,
whether by itself or through its parentIs) or holding
companies, shall at any time hold or have control of more than
two
( 2 )
Residential and Commercial Collection Service
Collection Agreements with the Franchisor.
For purposes of
38
twrnty five (25%) percent stock or financial interest in the
Franchisee.
25. IrrBCTIVE DATE:
This Collection Agreement shall become effective November
1, 1989, and the Franchisee shall begin Residential and
Commercial Collection Services as covered herein as of this
date.
The Franchisor recognizes that certain new residential
services such as the collection of Yard Trash-Bulk and White
Goods and Furniture will require that the Franchisee obtain
..... .., ;.
certain specialized equipment to provide these services. The
,
Franchisor recognizes that such equipment may not be
available by November 1, 1989.
In this regard, the Franchisee will prepare for the
Franchisor an implementation plan to expeditiously phase in
the additional services based on the availability of needed
equipment and personnel. Compensation to the Franchisee for
these services will not be paid by the Franchisor until the
services are provided.
Notwi thstanding the above provisions of this sect ion, the
Franchisee shall implement the collection of Yard Trash-Bulk
and White Goods and Furniture in the Service Area no later
than December 1, 1989.
Prior to December 1, 1989, the
Franchisee's residential collection rate shall remain in
affect at $6.30 per residential Dwelling Unit.
39
. .
" )
I
26.
MODIFICATION:
This Collection Agreement consti tutes the entire contract
and understanding between the parties hereto, and it shall not
be considered modified, altered, changed or amended in any
respect unless in writing and signed by the parties hereto.
27. INDEPENDENCE OF COLLECTION AGREEMENT:
It is understood and agreed that nothing herein contained
is intended or should be construed as in any way establishing
the relationship of co-partners between the parties hereto,
or as constituting the Franchisee as the agent', representative
or employee of the Franchisor for any purpose whatsoever.
The Franchisee is td be and shall remain an independent
,
contractor with respect to all services performed under this
Collection Agreement.
28. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT:
The collector shall have the right of first refusal to
provide Residential Solid Waste Collection Services to any
municipality in the County located adjacent to and contiguous
with its Service Area boundaries under the same terms,
conditions and rate of compensation as provided for under the
terms of this Collection Agreement.
The County and a
,
municipali ty that elects to be covered by this Collect ion
Agreement shall enter into an inter local agreement regarding
the participation of the municipality.
Municipalities
currently being served by a Franchisee under the terms and
40
. .
. .
condit~ons of the current Franchise Agreement dated December
<. 1
15, 1987, shall continue -to be' served by those franchisees
under the provisions of this Collection Agreement.
29. CANCELLATION OF PREVIOUS AGREEMENT:
The Franchisor and Franchisee hereby agree that the 1987
Franchise Agreement, as amended, is hereby null i f ied and
cancelled and that neither party shall have any rights,
duties, obligations or duties arising out of said Agreement
after November 1, 1989, except for any claim of a party which
-
may have arisen before November 1, 1989.
..... ,
i
41
. II. ,"
.. ,
,
IN WITNESS WHEREOF. the part ies hereto have caused this
.
Collection Agreement to be executed by the respective authorized
representatives as of the date first above written.
As to Franchisor:
MONROE COUNTY
ok~~~
BY:
A'l'TEST ByPANNX L.. KOLHAGE, ~lerk
By, vt2.L~.~ /J~
Clerk to the Bo ~
APPROVill 7J~N~
By: f.{,
County Attorney
LEGAL SUFFICIENCY BY:
1 ,
As to the Franchisee:
OCEAN'lE: SOLI:). ASTE,
! /IL-U
.
INC.
BY:
42
~. I~ I ....
" .
EXHIBIT I
OCEAN REEF SOLID WASTE INC.
SERVICE AREA BOUNDARIES
, , ,
, OCEAN REEF CLUB COMPLEX PROPERTY
f . '.. ~~
-. " '
EXHIBIT II
OCEAN REEF SOLID WASTE INC.
1989 - 1990 RATE SCHEDULE
RESIDENTIAL RATES
RESIOENTIAL MONTHLY RATE!
TYPE ASSESSED UNIT
SINGLE FAMILY $8,50
MULTI FAMILY $7.25
" ,
;
COMMERCIAL RATES
COLLECTION:
$2.50/CY
CONTAINER
MAINTENANCE
FEE:
DISPOSAL:
SIZE(CY)
1
2
3
4
6
8
FEE
$18,00
$20.00
$21.00
$22.00
$24.00
$25.00
To be calculated based on final
approved tipping fees.
" . '"I '"
,,. , ..
Ii' ~\
EXHIBIT III
OCEAN REEF SOLID WASTE INC.
1989 - 1990 RESIDENTIAL CREDIT*
RESIDENTIAL NOF BILLING AVG.ANNUAL AVERAGE
TYPE UNITS TONS PER UNIT ANNUAL TONS
SINGLE FAMILY 603 2.15 972
MULTI FAMILY 856 1.08 684
TOTAL RES. TONS 1656
"'-, .,
NOTE:
Tota~Residential tons/12 months
1656/12 = 138 tons credit/month
*To be adjusted based on the final assessment roll.
"
~
J9ann!, 1.. !\olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33060
TEL. (306) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (306) 852.92&3
M~~Q.~~!!DUM
To: Charles Aguero, Director
Municipal Service District
From: Rosalie L. Connolly, Deputy Clerk
Date: November 30, 1990
Subject: Ocean Reef Solid Waste, Inc.
"IP""""""" ..... , ":
As you are aware, on November 14, 1990, 'the Board of County
Commissioners approved replacement of Exhibits II and III of
the existing Franchise Contract to correct the residential
count and residential credit.
Attached hereto for your use and records are two sets of the
subject Exhibits.
Attachments
cc: ~i,Q_")t ~t;kIMl",
County Administr~tor
Finance Director
File
"
j'
--
(
EX~18fT If
OCEAN REEF SOLID WASTE, INC.
1990 - 1991 RATE SCHEDULE
RESIOEN11AL RATES
RESIDENTIAL MONTHLY AA TiJ
. n:ei AssesSED UNIT
SINGLe FAMILY 18.84
MUl. TI FAMIl. Y $7.S4
COMMERCIAL RATES
COLLECTION:
S2.6OICV
CONTAINER
MAINTENANce
FEE:
SIZE(CY)
1
2
3
4
e
8
FiE
$18.75
$20.75
$21.75
$23.00
$2S.00
$26.00
'.
EXHIB.T III
OCEAN REEF SOLID WASTE, INC.
1990 - 1991 RESIDENTIAL CREDIT
RESIOiNnAL. , OF RESIDENTIAL RA TE peR ANNUAL.PAYMiNT
TYPE SeRVice UNITS UNIT TO HAULER
SINGLE FAMrL Y 151 $8.14 ,.'.....51
M<*L.E HOME 0 $0.00 10.00
MULTI FAMILY 861 11.54 111,103.28
TOTAL ',518 $141,517.84
MONTHL.Y PAYMENT oue HAUL.ER:
$12,299.82
TOTAL. ANNUAL RESIOENTIAL.. TONNAGE CREOIT:
1,750
TOTAL.. MONTHLY RESIOeNTIAL.. CReOIT'; ,
148
,
--
II - r Iv
TI' 0153
rescinding Resolution No. S47-1990 concerning the
Transportation III-B Grant. Motion carried unanimously.
RESOLUTION NO 622-1990
See Res. Book No. 95 which is~corporated herein by
reference.
,\
MUNICIPAL SBRVICB DISTRICT (MASTS)
Charl.s Aguero, Director, discussed the date. that
Waste Management would be te.ting the haul-out procedure and
indicated that it would begin on Monday, Dece.ber 17th.
Motion was made by Coaai..loner Jones to deny
approval of Addendum Mo. 6 to the existing agre.ment with
HutChinson, Moore, Caler . Levine for Solid Waste Con.ultlng
Services. Notion died for lack of a .econd. Motion was
then ..de by Commi..ioner Lytton and seconded by Mayor
Stormont to approve and authoriae execution of Addendum Mo.
6 to the existing Agree.ent for Management Advisory Service.
with Hutchinson, Moore, Caler . Levine, P.A. for Solid Wa.te
Consulting Service., at a cost '~ot to exceed $25,000.00.
Roll call vote wa. taken wi~h the followin9 result..
, . "
Commi.sioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
No
, Yes
Yes
Ye.
-k
Motion carried. Motion was made by"Commissioner Jones that
the County would no longer utilize the firm of Hutchinson~ ,
Moore, Caler ';Levine and to terminate the existing contract'
for their consulting service.. During discussion, motion
was withdrawn. Motion was made by Commissioner Harvey and
.econded by Co.-Issioner Puto requesting Staff to prepare a
review of the work of the firm of Hutchinson, Moore, Caler .
Levine and to decide at that time on the continuation of the
contract. Motion carrie~ unanimously.
Motion was made by Commissioner Lytton and seconded
by Coaais.ioner Puto to replace Exhibits II and III of the
existing Franchis. Contracts to correct the residential
coun~ and residential credit with Bland Disposal Service,
Inc., Baltuff Disposal Service, Inc., ISland Disposal
Company, Inc., and Ocean Reef Soli4 Waste, Inc. Motion
carried unanimously.
DIVISION Q! GROWTH MANAGEMBNT
Motion 'was made by Mayor Stormont and seconded by
Commissioner Harvey to direct Staff to process a Third Round
Map Amendment to change the land use designation from NA to
URN or URM-L where feasible to allow after-the-fact permits
for Rockland Hammock Subdivision zoned Native Area. Roll
call vote was taken with the 'followinq results:
,;
Commissioner Harvey
Commissioner Jone.
Commissioner Lytton
Commissioner Puto
Mayor StorllOnt
Motion carried.
Yes
No
Yes
No
Yes
(
1Dann!, I.. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 83050
TEL. (305) 748-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 83040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
M~!iOg~~QUM
To:
Barry Boldissar, Director
Municipal Service District
From:
Rosalie L. Connolly, Deputy Clerk
Date:
December 5, 1991
, 1 ,
Sub ject: i ,~llIf_~r::Rnc1:"'.fe
As you are aware, on November 20, 1991, the Board of County
Commissioners approved replacement of Exhibits II and III of
the existing Franchise Contract.
Copies of the subject new Exhibits are attached.
Rosalie L.
Deputy Clerk
Attachments
cc: County Attorney
County Administrator.w/o documents
Finance Director
File
EXHIBIT II
OCEAN REEBF SOLID WAS'1'B, INC.
FY 1991-1992 RATE SUUWULE
· RESIDENTIAL RATES
RESIDENTIAL
TYPE
SINGLE FAMILY
MULTI FAMILY
, 1 "
,
MONTHLY RATE/
ASSESSED UNIT
$11.74
$10.01
COMMERCIAL RATES
COLLECTION:
CONTAINER
MAINTENANCE
FEE:
$2.71/CY
SIZE(CY)
1
2
3
4
6
8
(
FEE
$19.50
$21.75
$22.75
$24.00
$26.00
$27.25
BOCC APPROVED 11-20-91
(
EXHIBIT III
OCEAN REEF SOLm WASTE. IlfC.
FY 1991-1992 RESIDDlTIAL PAYIIEII'TS
RESIDENTIAL
TYPE
# OF RESIDENTIAL .... RATE PER : ANNUAL PAYMENT:
SERVICE UNITS UNIT TO HAULER
=======--===. ====-=
-.
.
SINGLE FAMILY
MOBILE HOME
MULTI FAMILY
TOTAL
640
-0-
848
1488
$11. 74
-0-
$10.01
$90,163.20
-0-
$101,861.76
$192,024.96
TOTAL UNIT COUNT
1488
$192,044.10
$ 16,003.68
ADJUSTED ANNUAL PAYMENT DUE HAULER
MONTHLY PAYMENT DUE HAULER
BOCC APPROVED 11-20-91
\:
(
f-
::; . .--f'
, r'
Dann!, 1.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRGUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (3051 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
K B K 0 RAN DUN
To:
Barry Boldissar, Director
Division of Environmental Management
Rosalie Connolly, Deputy Clerk~
November 17, 1992
~, '\ ,
From:
Date:
==========~======================================================
On September 23, 1992, the Board of County Commissioners approved
and authorized replacement of Exhibits II and III of the existing
Franchise Contract with Ocean Reef Solid Waste, Inc.
Copies of the subject new Exhibits are attached.
cc: COUIl~y Attorney
County Administrator w/o document
Risk Management Director w/o document
Finance Director
File
EXHIBIT II
OCEAN REEF SOLID WASTE, INC.
FY 1992-1993 RATE SCHEDULE
RESIDENTIAL RATES
RESIDENTIAL
TYPE
SINGLE FAMILY
MULTI FAMILY
MONTHLY RATE/
ASSESSED UNIT
$11.74
$10.01
COMMERCIAL RATES
COLLECTION:
CONTAINER
MAINTENANCE
FEE:
$2.71jCY
SIZE(CY)
1
2
3
4
6
8
FEE
$19.50
$21. 75
$22.75
$24.00
$26.00
$27.25
~
(
EXHIBIT III
OCEAN REEF SOLID WASTE, INC.
FY 1992-1993 RESIDENTIAL PAnmNTS
RESIDENTIAL
TYPE
# OF RESIDENTIAL : RATE PER : ANNUAL PAYMENT:
SERVICE UNITS UNIT TO HAULER
=========--======:====================:===========:===============:
SINGLE FAMILY
MOBILE HOME
MULTI FAMILY
TOTAL
653
-0-
837
1490
$11. 74
-0-
$10.01
$91,994.64
-0-
$100,540.44
$192,535.08
TOTAL UNIT COUNT
1490
$ 16,044.59
MONTHLY PAYMENT DUE HAULER
,