2. 1st Amendment 02/15/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 9, 2006
TO:
Carol Cobb, Executive Assistant
Solid Waste Management Division
Pamela G. Han~
Deputy Clerk CY
FROM:
At the February 15, 2006, Board of County Commissioner's meeting the Board adopted
Resolution No. 034-2006 authorizing Carol A. Cobb to execute, on behalf of Monroe County,
liens and satisfactions of lien relating to the special assessment for solid waste collection and
disposal. Enclosed is a certified copy of the subject Resolution.
At the same meeting, the Board granted approval and authorized execution of an
Amendment to Solid Waste and Recycling Collection Franchise Agreement between Monroe
County and Ted Carter Enterprises, Inc., DBA Keys Sanitary Service, to modify audit accounting
provisions. Enclosed are two duplicate originals for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Public Works w/o documents
County Attorney
Finance
File./
AMENDMENT TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREE NT
THIS AMENDMENT is entered into this 16'~ay of , 2006, by and between
Monroe County, a political subdivision of the State of Florida, ("Coun "), and Ted Carter Enterprises,
Inc. DBA Keys Sanitary Service, 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 TED CARTER ENTERPRISES, INe. DBA
KEYS SANITARY SERVICE 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;
1. 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 II, 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 operations respectively of the Franchisee
in 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 sum of one hundred dollars ($100.00) per day for each calendar day
the submittal is late. No extension will be g:ranted except for uncontrollable circumstances
as referred to in Section 21. No rate adjustment of any type will be granted to the Franchisee
unless all required financial statements have been filed in a timely manner.
3. Section 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 I 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 defmed as
January 1 through December 31. No extensions will be e:ranted except for uncontrollable
circumstances as referred to in Section 21. No rate adjustment 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:
EXHIBIT IV
FINANCIAL REPORTING FORMAT
The 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 ofIncome 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 Amendment, in all other respects the terms and conditions of
the May 19,2004 Agreement remain in full force and effect.
THIS AMENDMENT SHALL BE RETROACTIVELY EFFECTIVE FOR FISCAL
YEAR 2005 AND SHALL REMAIN EFFECTIVE THROUGH THE END OF THE
FRANCHISE AGREEMENT.
State of Florida
County of Monroe
BOARD OF COUNTY
OF MONROE COUN
By:
Mayor/Chairperson
On this 11 th day of January, 2006, PERSONALLY APPEARED BEFORE ME, the
above signed authorities, John E. Carter, Jr., and John E. Carter, Sr. to me known to
be the persons who executed foregoing instrument and acknowledged that they
executed the same as their free act and deed. ~",,""H:;:"!l. EUZABETH A. BEATnE
f.: ~.i MY COMMISSION # DO 161150
- . . EXPIRES: October 27,2006
Bonded 1lw Notary PItllic UnderwrIt8I8
0.~Q~~
Nota Public Signature
TED CARTER ENTERPRISES, INC. DBA
\J d~~ARY SER~
~}!~.n/.At.
Notary Stamp
John E. Carter, Jr. and John E. Carter, Sr. are personally known to Notary Public.
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