1st Amendment 08/17/2005clelidne
C1 1VORCOUlt Danny L. Kolhage FAX: Phone: (305)29 -36 3
A
To: Connie Cyr, Aide to the
County Administrator
From: Isabel C. DeSantis, Deputy Clerk
Date: Tuesday, September 27, 2005
At the Regular BOCC Meeting held on August 17, 2005, the Board approved the
following:
First Amendment to Solid Waste and Recycling Collection Franchise Agreement
between Monroe County and Waste Management Inc. of Florida to modify audit
accounting provisions.
Attached hereto is a fully executed duplicate original for your handling. Should
you have any questions concerning this matter, please feel free to contact this office.
Copies: County Attorney
Finance
File
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WCOHOU11 Phone: (305)295 -3130
Danny L. Kolhage FAX: (305)295 -3663
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To: Connie Cyr, Aide to the
County Administrator
From: Isabel C. DeSantis, Deputy Clerk
Date: Tuesday, September 27, 2005
At the Regular BOCC Meeting held on August 17, 2005, the Board approved the
following:
First Amendment to Solid Waste and Recycling Collection Franchise Agreement
between Monroe County and Waste Management Inc. of Florida to modify audit
accounting provisions.
Attached hereto is a fully executed duplicate original for your handling. Should
you have any questions concerning this matter, please feel free to contact this office.
Copies: County Attorney
Finance
File
�,R,,ST AMENDMENT TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT
THIS FIRST AMENDMENT is entered into this day of 2005, by and
between Monroe County, a political subdivision of the State of Flo da, ( "County "), and Waste
Management Inc. of Florida, a Florida corporation, ( "Operator").
WHEREAS, on May 19, 2004, the parties entered into that certain SOLID WASTE
AND RECYCLING COLLECTION FRANCHISE AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY AND WASTE MANAGEMENT
INC. OF FLORIDA (the "Agreement ") for the collection and management of solid waste and
recyclables; and
WHEREAS, the parties have determined that it is to their mutual benefit and interest that
the term of the Agreement be modified;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
All capitalized terms shall have the meanings given them in the Agreement
unless specifically noted or the context of usage requires otherwise.
2. Section 6B is modified as follows:
B. Solid Waste and Recycling Collection Rate Adjustments:
For all Collection services, the charges shall be initially based on the rates established in
Exhibit H, and as subsequently adjusted pursuant to this Agreement. The Franchisee shall
receive an annual adjustment in the Residential Solid Waste Collection Service,
Commercial Recycling Collection Service, Commercial Solid Waste Collection Service
and Residential Recycling Collection Service rates. The adjustment shall be made to the
combined category of Residential Solid Waste Collection Service and to Residential
Recycling Collection Service and, separately to the combined category of Commercial
Solid Waste Collection Service and Commercial Recycling Collection Service. At the
end of the first year of this Agreement the adjustment might be made in accordance with
the percentage change in the Consumer Price Index for all urban consumers (CPIU) for
the most recent 12 months available.
If the Franchisor shall determine a need for same and upon 120 days' written
notice by the Franchisor the year following the Franchisee's fiscal year hereby defined as
January 1 through December 31, the Franchisee shall deliver to the Franchisor, in a
format shown in Exhibit IV, (as may be further revised by the Contract Administrator
from time to time), a compiled Financial Statement including, at a minimum, a balance
sheet and an Income Statement representing the financial position and the results of
1" Amend Solid Waste & Recycling
operations respectively of the Franchisee in €e each Service Area. The report will be
prepared by_a Florida Certified Public Accountant, who has conducted a compilation of
the Franchisee's books and records in accordance with generally accepted accounting
standards.
The Franchisor and Franchisee understand and agree that time is of the essence regarding
receipt of the compiled financial statement. Therefore, if the franchisee fails to provide
the Franchisor with the financial statement on or prior to the date prescribed herein, the
Franchisee shall pay the Franchisor the sum of one hundred dollars ($100.00) per day for
each calendar day the submittal is late. No eatgnsion will be granted eacg8t for
uncontrollable circumstances as referred to in Section 21. No rate adjustments of any
type will be granted to the Franchisee unless all required financial statements have been
filed in a timely manner.
3. Sec. 27 is modified as follows:
The Franchisee shall maintain within Monroe County adequate records of all Solid Waste
collection and recycling services. The Franchisor or its designee shall have the right to
review all records maintained by the Franchisee upon 24 hours written notice. If the
Franchisor shall determine a need for same and upon 120 days' written notice by the
Franchisor in the year following the Franchisee's fiscal year, hereby defined as January 1
through December 31 financial statements will be prepared by a Florida independent
certified public accounting firm prepared in accordance with generally accepted
accounting principles, pertaining only to each individual Collection Agreement and
Service Area, shall be delivered to the Franchisor no later than April 30 of the year
following the Franchisee's fiscal year, hereby defined as January 1 through December 31.
No extensions will be Qranted. excep t for uncontrollable circumstances as referred
to in Section 21. No rate adjustments of any type will be granted to the Franchisee
unless all required financial statements have been filed in a timely manner. Franchisee
shall maintain all books, records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following
the termination of this Agreement.
4. Exhibit IV, page 1, is modified as follows:
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1" Amend solid Waste & Recycling
M. I1:
FINANCIAL REPORTING FORMAT
Franchisee shall submit to the Franchisor a compiled operating cost statement
prepared in accordance with generally accepted accounting standards.
The Franchisee shall disclose as part of the Statement of Income and Expense all
methods of allocations used to distribute costs between commercial and
residential operations. The disclosure shall be in narrative form and include the
basis for the allocation method.
The Franchisee shall provide a description of the expenses classified as Other
Operating Costs and Other General and Administration.
Any allocations made will need to be disclosed in a narrative format, along with
the basis for those allocations. Additionally, it is understood that each Franchisee
shall utilize the accrual basis of accounting for income and expenses.
Attached is the required format for financial statement reporting in accordance
with this Franchise Agreement.
5. Except as provided in this First Amendment, in all other respects the terms and
conditions of the May 19, 2044 Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seats the
year first above written
`( ) BOARD OF COUNTY COMMISSIONERS
T: OF MONROE COUNTY, FLORIDA
L, kOLHAGE, CLERK
&gjMfZjA) By:
9 �
Clerk r- l i _ OS
(SEAL)
ATTEST:
By:
Title 0 - 4
1" Amend Solid Waste & Recycling
Mayor /Chairperson
WASTE MANAGEMENT INC. OF
FLORIDA
By:
Title U
MONROE COUNTY ATTORNEY
AP OVE® AS TO
V 4g -
SUZANNE A. HUTTON
ASSISTANT 0 NT T ORNEY
Date —