File Ref. #032
CJ~J - rei? f/ l'ltcf-
, ~
SERVICE AGREEMENT
BET\VEEN
THE CITY OF .ML4..!.\-'1I BEACH
A.l~"D
BROvvl'fING-FERRIS INDUSTRlES OF FLORIDA. R'tC.
FOR
CIn- OF lYllA1\1I BEACH RESIDENTI4L SOLID WASTE COLLECTION
A.ND YARD TRt\SH COLLECTION
~L )
TABLE OF CONTENTS
1.
RECIT MS .,.,..."...,.,',......,......",.,..,....."".,..."....., 1
2.
LIAISON BETViEEN CITY,A1'\JD CONTRACTOR, , . , . . . . . . . . , . . , . . . . . . . . . . . ,2
~
.),
COMlvfENCEMENT OF WORK.". ."."." " .......,.." ,.,.,."..",.,,2
4,
TEfuYf .
4.1
4.2
,'... , ....,.' , . , , . , . . , . . , . . . . . , , . . , . . . . . ,. . ., . . , . , .. . . . ..., ..,,2
..".."""..",.. . " . . . . .... .' " " .,...,...,.. , ., ...........,,2
/
.................... '" ............ . .. . ............. . ..............-
5, DEF~lTION OF TER..MS ...".",.,.......,......,...,..."..""".,..,3
5.1 Authorized Represemarive , . . , , , , . . , . , , . . . , . . , . . . . , . , . , , . '.' . . . . . , . " ,3
5.2 B iohazardous lv./ aste . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . " .3
5,3 Biological Waste.....,."",...,....",.,.."",.".",....,..,., .3
5.4 City. . . . . . . . . . . . . , , , , , . . , . , , . , , . . , , . , . , , , , , . . . . . . . . , , , . . . , . . , , " .3
5.5 City Manager. . . , . . . , . . , . . . . . , , . . . . . , . , . , . . . , . , . . . . . . , , . , , , , , , , " .3
5,6 Construction and Demolition Debris. . . , , . , . , . . , . , . . , . . . . , , , . . . , , , . , " ..J
5.7 Contractor. . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. ..4
5.8 Disposal Costs ..... . . . . , . , . . . , , . , . , . , . . . , , , . , , , , , . . . . . . . . . . , . . . " .4
5.9 Garbage. . . . . . . . . . , , . . . . , . . . , , , , . . , . . . . , . , , , . , . . . . . , . . , . , , . . . , ., .4
5.10 Garbage Can or Containe:- .. , , . . . , . , , . . , . , , . . . . , , , . . . . . . . . . , , , . . . , '. .4
5.11 Hazardous Waste .,.... . . . , . . , . . . , , , . . . , , . . , , , , . . , . . , . . . . . . . . . . , " .4
5.12 Household Furnirure ...,..,..,..,..".,.,.,..,...,..,...,......... .5
5,13 Household Trash ...,......,.....,....,..,..............,......... .5
5.14 Industrial Wastes ..,",.......".,',..,....,."....,.......,...... .5
5 ,15 Infectious Waste. . . . . . . . . , . . . , , . . . , . . . . . , . , . . , , , . . . . . . . , . . , , . . , . " .5
5.16 Landfill.. . . . . . . . . . . . . . . . , , . . . . , , , . . . . . , . , , . , , , , . . , . . . . . . , . . . , . .. .6
5.17 LooseRefuse.......,.,..".........,.."........................ ,6
5.18 Mechanical Container. . " . ., , ., ." , , . . . , , , ,....,'.. . , . ........, '" .6
5 ,19 Multiple Dwelling Units ...........,',.,...,.,."..........,....... .6
5.20 Performance Bond. . , . , . . . , . . , , . . . . . . . . . . . , . , . . , . . . , . . . . . . , . , , . , '. .6
5.21 Recyclable Materials .".,...,',...,...,..".",.,..,......,....,.. ,6
5 ,22 Recycling. . . . . . . , . . . , . . , , . , . , . . . , . , . . . . . . . . . , . . . . , . . . . . , . , , , . . " .7
5,23 Residential Solid Waste . , . , . , . , . , . . , . , . . , , , . , . . . . . , , . . , . , , . . . , . . . " ,7
5,24 Residence (Single Family) . . , , . , . , . . . . . . . . . . , , . , . , . , , . . , . , , . . , , , . . ., ,7
5,25 Refuse.,. . . , . . . . , , , , . . . , , . . . , . , . . , , , . . , , . . . . , . , , . . , . . . . , , . . . . " ,7
5,26 Refuse Regulations ....,..,...,..,...,..".,.....,.......",...", . 7
5,27 Remodeling and Home Repairs Trash, . , . . . . . , , , . . . . , . . . . , . , . . . . . , . . " .7
5,28 Residential Service .,..,.,.,..,""",...".,.",....."...".".. .7
5.29 Solid Waste ......,...........,....,.,.., ..' , . . , , . . . . . . . . . , , , . . . .. ,7
l
5,30
5,31
- ~j
),.)-
5.33
5,34
5,35
5,36
Solid Waste Disposal Facility .,...".....,.,.,..,....,.........,.". ,8
Special Waste. . , . , , . . , . . , , , , . . . . . . . . . . , , . . . . . . . , , , , . , , . . . . . . , . , " ,8
Specific::uions , , . , . . , . . , . . , , . , . , . . , , , , . , , . , , , . . . ~ , , . . . . , , , , , . , . . .. .8
wrute Goods .,.,",.."...".",.,..,.,..",...."".,."."..,. .8
Y ard Trash - Regular . , . . , . . . , . , , , , . , . . . . . , . , , . . . . , . . . . . , . . , . , , . . '. ,8
Yard Trash - Bulk . l' , . , , , . . , , . . , . . , . , . , , . , . . . . . . , , . . . . , , . . . . . . , .. .8
Special Pick-Up " . , , , , . . . . . , . , . . , . . . . . , . . . , . . , . . , . . . , , , , , , , , . . , " ,9
6. SPECIAL CONDITIONS ,..,."."..".,.,"",."...",....",.,....,.. ,9
6.1 P..-e-Start Route Familiarization. . . , . . , . , , , . . , . . . . . . , , . . , , , , . , . , , , . . .. .9
6,2 Comprehensive Notification ......,..,.,.,.,',..,..""".."..,.,. .10
7, DESCRIPTION OF WORK - SOLID WASTE PROGR.A.1'vf " , , , . . , . , . , , . . . , . . , , 10
7.1
-j
/ .-
7.3
7.4
7.5
7.6
7.7
7,8
7,9
7,10
7.11
7.12
7.13
7.14
7.15
7.16
. . . . . . . . . . . . . . . . . . . . , . , , , , , , , , , . , , , . , , . , , . , . , , , , , . , . , . , . , , , , . . . 10
. . . . . . . , , . . , . . . . . . . . , . . . , , . , . . . . . . . , , , . . , . . . . , , . . . '.' , , , , . , , . . . . 10
Protection of Adjacent Property and Utilities, " ,..., ,. .. , , , ..', '" , , , . . 10
Spillage ..............,..,.,.,..,.,.,.,..,."..............,.,., 1 0
Residential Collection Service. , , , . . . , . . , , , , . , . . . , . . , , . . , , , . , , . , . , . . . 11
Frequency of Collection, . . , , , , , . . . . . . . . , , , . , . . . , . . , . , . . . . , , , , . , . , , , 11
Hours of Collection .,......,....,..."".".,.".,..".,...."".. 11
Point of Pickup of Residemial Garbage. , , , , , , . . , , , , . , , . . . . . , . , . , , , . . , . 12
Receptacle .......,..........,..."",......,."........,.,...... 12
Methods oi Collection of Residential Garbage ,.....,.,.....,........... 12
Schedules and Routes ..............,."........................... 13
Storms ............................,.,......"...,..,........... 14
Force Majeure ..........,......,.,....,."..."."...,........... 14
Collection Equipment .....,.,..,....."....,..................,.,. 15
Refuse Quantities .......,..,.,.....,.,.".....",..,.......".". 15
Disposal at a Solid Waste Disposal Facility.".....",.....,..,.,...... 16
8. DESCRIPTION OF WORK: YAAD TRA.SH PROGR.A.1'vf .,.........."...,.".16
8.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . , , . . . , .. . , , . . . 16
8.2 Point oiPickup of Yard Trash. . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . , . . , 16
8.3 Frequency oiYard Trash. . . . . . . . . . , . . . . . . . . . , , , . , , . . . . . . . , . . , . . . . . , 16
8.4 Hours oi Collection ..............."..,..,...,."........,...,.... 16
8.5 Preparation oiYard Trash for Collection ,...,.........".,..,..,.".., 17
8,6 Method of Collection oiYard Trash. , , , , , . . , . . , . . . , . , . , . , . , . , , , . . , , , . 17
8.7 Equipment. . . . . . . , . . . . , . . , , , . , , , , . . . , , . . , , , , . , . . , . . . . , , , . , , , , . . . 18
9. CONTRACTOR'S PERSON1'J"EL . . , , . . , . , , , . , , , , , , . . . . , . . , , . . . , . , , , . , . . . . ,IS
9 ,1 Contractor's Officer(s) . . . . . . , . . . , . . , . . . . . . . . . , . . . , . . , . . , . . . , . . . , . . . 18
9,2 Conduct of Employees . . . . . . . , , , , , , , . . , . , . , . . . . . . . . . , , . . , , . . . . . . , . . 19
9.3 Employee Uniform Regulations ..."..,....':...,....,.....,..".,.. 19
ii
13.
14.
15.
16.
17.
1 S.
9.4 Compliance with State, Federal and Municipal Law"...."."..,..., ..,,19
9.5 Fair Labor Standards Act. . , , . , , , . . . . , , . . . . , . . . , . , . , . . . . . . . . . . . . . . . .20
9.6 . . . , , , , . . . , . . , , , . , , . . , , , . , , . . . , , , , , , . . , . . , , . . -. , , , . , . . . . . . . . . . . . 20
9,7 ..,. . , , '" '" ., . . . . . . , . " , , . , ., . ., , . "."". . . . . , . , . . . . . , . . ., ..20
9,8 , , , . . , , , . . . . , , , , . , . , , . , , , , , . . , , . , . , , . , . . , , . . . . . , , , . . . . , . , . . . , , .20
9.9 , . . . , , . . . . , , , , , , ; . . . . . , . , . , . . , . . , , , , . . . . , . . . . . . . . . , . . , . . , , . . . . . 20
10.
CONTR.-\CTOR'S OFFICE ',..,.".,..,.".,..."",.",."..,....,...., 20
10,[ . . , . , , , . . , , . . , . , , , . , , . . . , . , . . , , , . , , . . . , . . , . . . . , , ,', . , , . , . . . . . . . ,20
10.2 Notification to Cuseomers ...".".,...."...........,.,..,..,.,..,. 21
11.
P A YlviENT A,l~TI BILLm'G ,.,',..,..,"',...."",.,....""...."....., 21
11,1 Compensation. , . , . , , . , , , . , . , , . . . , , , , , , . . . . , , , . . . , , . . , , . . . . , , . , . . 21
11.1 Billing Procedures .,..,."..,.,.."""....."...,.".,.",.,...,. 21
11,3 Adjustments in Disposal COSeS ',...,',.,",...".,.,..,.,..,...".", 22
11.4 Unusual Changes or Costs , , , , , , , , . . , , , , . . . , , , , , . . , . . , . . . . . . , . . , , , , , 22
12.
CONTRACT PERFOR..r'v1.A~'\iCE . . . . , . . , . , , , . . . . . . . . , . , . . . , . , , . , . , . , . , , , , . . 23
12.1 . , . . . . . . . . . . . , , , . , , , . , , , , , . . . , , . . , , , . , , . . . , . . . , . . . . . . , , , , . . , . , . 23
12.2 . . , . . . . . . . . . , . . . , , , , , . . , . , , . , , , . . . . , , , . . . , . , . . , , , , . . . . , . , . , , . , . 23
12.3 . , . . . . . , . . . . . . , . , , , , . . . . . . , , , , , . . . . . . . , , . , , . , , , . , , . . . , , , , , . , . . . 23
J~
. . . . . . . . . , . . . . . . , , , , , . . . . . . . . . . . . . . . . . . . . . , , . , . . , . , , . . , . , , , , . . . _.J
12.4
COOPER.-\TION/COORDINA TION ., . . . . , . . . . . . . , . . . , . , . . . . . . . . , , , . , , , . . .24
13.1 . . . . . . . . . . . . . . . . . . , , . . , . . . . . . . . . . . . . . . . , . . , . , , . . . . . , . . , , . , , . . . . 24
13.2 . . . . . . . . . . . . . . . . , . . . , . . . . . , . . . , . . . . , . , . . . , , . , , , , . . , . . . . . . . . . , . , 24
COiviPLAINTS ANTI COMPL~'TRESOLUTION ..,.,."...."..,.,.....,.24
14.1 Complaints. . . . . . . . . . , . . , . . . . . . . , . . . . . . , . . . . , , , , . , . . . , , . , , . , . . . , . 24
14.2 Complaint Resolution ,."..,.........,...,...,.,.".....,...,..... 25
14.3 Dispute about Collection of Certain Items. . . . , . . . . . . , , , . . , . , . , . . . , . . . . , 25
SUBCONTR.A..CTORS .....".,....................,....,......".....,. 26
PERFORi\1A1'\iCE BO~TI .,....,."....,..,.......,......"........,..... 26
16.1 Amount of Bond .,....,"',.,...,',.,.....,."..,.,..,...,..,....26
16,2 Form of Bond . . . . . . . . . . . , , , . . . , , , , , , , . , . . . , , . , . , , . . , , . . . . . , , , . , . . 26
16,] Qualification of Sure~ ' , . , , . . . . , . . . . . . . . . . , . . , . , . . , . . , , . . , , . . , . . . , . 26
INSUR.A.L"\J'CE P.ND INDEMNIFICATION ....,..,......,..,..,.,..,....".,27
17.1 . . . , . . . . . . . . . . . , , . . . , , , . . , . . . . . . . . , . , , , , , . , . , . . . . . . . . . , , . . . , . . , 27
DAlYfAGE TO OR DESTRUCTION OF EQUIPMENT....",....,......,..,.. 27
iii
29.
30.
31.
"'7
~_.
33.
34.
35.
36.
19.
EVENTS OF DEFAULT BY CONTRA..CTOR ,.,.....,.,....,.",....,.",.,27
20.
RENfEDIES UPON DEFAUl T BY CONTRA.CTOR ..,"',.,',..."",...,... 28
21.
TERlvITNA TION FOR CONvENIENCE BY THE CITY .."",....,.,..",...,29
- I
21.1 . . ., , . . . , , , . , , , . . . . . . . . , . . , , , . . , , . . , . . . , . . . , . . . . . . . . . , , , , . . . . . , . 29
21,2 . , , . , , . . . . . , , . . . . . , , . . , , , , . . . . . , , , , , . . . . , . . , . , , , . . , . , , , . . . . , . . . 29
22.
VENUE...." .....""....." ..",..... . , .,."......,. ..", ., ."..,..29
/"
_.J .
lwaTA TION OF LLA.BILITY , . . . . , . . . , . . , . , . , . . . , , , . . , , , . . , , . , , , , . . , . . . ,29
24.
REPRESENTATION PJ'W W.~A..t'\[TIES OF CONTRA,CTOR , " . . , , . , , , , ,.,,30
25,
A.PPLICABLE LAW . , . . . , , . , . , . , , . . , . . . . . . . . , . . , . . . . , . , . . . , . . . , , , , , , . , , 31
26.
COtvfPLIAJ."J"CE wlTH LAW .A..t"J"D ST.A.,l'IDARD PRA..CTICES , , . . . , , . . , . , , . , . . , 31
7-
_I.
T.A..XES, LIENS AJ."ID FEES '" , , . . , , . , . . , , , . . . , . . , . . , , . . . , . . , , . , , , , , . . , , , 31
28.
NOTICES AL'ID CHAl"\fGES OF ADDRESSES, . . , . , , . . . . , , . . . . . . . . , , . . . . . . , .32
NO W AlVER . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . 33
SEVERA...BILITY . . . . , . . . . . . . . . . , . . . . . , . , . . . . , . . . . . . . . . . . , . . . , . . . . . . . . . . 33
ASSIGN?vfENT .,......."....."..,..,.,.",.".."",....".,.,...... 33
COtvfPLETE AGREENfENT . . . , . . , , . . , . . , , . . . . . . , . , . . , . . . . . . . . . . . . . , . , . . . 33
RFP k'ID AGREENfENT INCORPORATED BY REFERENCE, . . . . . . . , . . . , . . , . 34
FURTHERDOClflvfENTS ...........'..'.........".".............."..34
~TIEPE~TIENT P.A..RTIES . . , . , . . , . . , . , . . , . . . . . . , , , , , , , . . , , , . , , , , , . . , . , , . 34
TIlYfE OF THE ESSENCE, , . , , . . , , . . , , , , . , , , . . . , , . , . , . . . , , . , . . . . . . . . . , . . . 34
A ITA CH?vfENTS
EXHIBIT A
EXHIBIT B
LISTING OF EQUIPME]\iT
COtvfPLAINT REGISTER FORJ'vLA..T
iv
SERVlCE AGREEMENT FOR
THE CITY OF MIA..I\1I BEACH
FOR RESIDENTIAL SOLID WASTE COLLECTION AND YARD TR-\SH
, COLLECTION
I
IN THE CITY OF ML~\1I BEACH
This Se::-vice Agree:ne:J.t for Reside:J.tial Solid Waste Collection and Yard Trash Collection
(Agree:ne:J.t), is e:J.tered into this
day of
. 1997 by and be~ee:J.
Browning-Ferris Industries of Florida, Inc. (EFT) (Contractor), and the City oflvfiami Beach, Florida
(City), for the purpose of solid waste collection and yard trash collection wirhin the City of Miami
Beach city limits (Collection Area), and other such se::-vices from the Collection P..rea as required by
the City and as more particularly set forth herein.
RECITALS:
WHEREAS, the City's contract for residemial solid waste and yard trash collection and
disposal expired on January 31, 1997; and
\V1-IEREAS, the City exte:1ded said contract until April 13, 1997, while it solicited proposals
for a new contract; and
WHEREAS, on February 19, 1997, the City issued Request for Proposals No. 63-97/98
emitled, "Residential Solid Waste and Yard Trash Collection and Disposal"; and
\V'HEREAS, at their regular meeting on March 19, 1997, pursuant to the recornme:J.dation
of the City Manager, the Mayor and City Commission selected BFT as the fIrst-ranked proposer; and
\VHEREAS, the City and BFI have negotiated the foregoing Agreement to provide
residemial solid waste collecrlon and yard trash collection, as more fully set forill herein.
1
GENERAL INFO MIA TTON
1. RECITALS
Tne foregoing recitals are true and correct and are hereby incorporated by reference into this
i
Agreement.
2. LIAISON BETWEEN CITY AND CONTRACTOR
.AJl dealings, contractS, notices and payments betvleen Comractor and the Ciry under this
Agreement shall be directed by Contractor to the Ciry Manager or his designee.
3. COM"MENCEMENt OF WORK
The work outlined herein shall commence immediately upon receipt of a Notice to Proceed,
bm no later than April 14, 1997.
4. TERJvf
4.1 The initial term of the Agreement shall be for that period beginning on April 14,
1997, and terminating on October 18,1998.
4.2 The City shall have the option at itS sole discretion, to renew the Agreement subject
to the terms and conditions set forth herein, including the same costs to the City as
set forth herein, for one approximately tvlo (2) year term, said renewal term
commencing on October 19, 1998, and ending on April 13, 2000, by giving
Contractor -.vrinen notice of such renewal at least sixty (60) days prior to the end of
the initial term, as same is set forth in subsection 4.1 above.
2
5. DEFINITION OF TERMS
5,1 Authorized Re:Jresentative: The employee or employees designated in I,.\<Titing by the
City Manager to represent the City in the adminisU'ation and supervision of this
Agreement.
~ j Biohazardous Waste: 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 pans; laboratory and veterinary waste which contain human-disease-
causing agents; used disposable sharps, humap blood, and human blood products any
body fluids; and other materials which in the opinion of the Florida Deparnne:1t of
Health represent a significant risk of infection to persons outside of the generating
facility,
5.3 Biolo,?lcal Waste: Solid waste that causes or has the capability of causing disease
or infection and includes, but is not limited to, biohazardous waste, diseased or dead
animals, and other waste capable of transmitting pathogens to humans or animals.
5.4 ~: The City of Miami Beach, Florida, and its authorized representatives.
5.5 Cirv Mana!?er: The City Manager of the City ofNfiami Beach, Florida., or a designee
appointed by the City Manager.
5.6 Construction and Demolition Debris: Materials generally considered to be not water
soluble and nonhazardous in narure, including, but not limited to, s.eel, glass, brick,
concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or. desrruction of a srrucrure as part of a construction or demolition
project, and including rocks, soils, tree remains, an~ ocher vegetative matter which
3
normallv results from land clearin2: or land deve!oome::1t ooerations for a construction
.. _ 4.
proJect.
5,7 COntracTOr: The person, firm. corporation, holding company, organization. age::lcy,
I
or other emity 'With whom the City has exe:::uted this Agreeme::lt for perrormance of
the work or supply of equipmem or materials, or its duly authorized represemative.
All successors to Contractor are included in this definition.
5,8 DisDosal Costs: The "tipping fees" charged to Contractor for disposal of the garbage
and trash collected by Contractor.
5.9 Garbage: Every refuse accwnulation of animal, fruit, vegetable, or organic matter
that atte::lds the preparation, use, cooking and dealing in, or storage of, mears, fish,
fowl, fruit or vegetables, and decay, putrefaction and the ge::leration of noxious or
offe:lSive gases or odors, or which, during or after decay, may serve as breeding or
feeding material for flies or other germ carrying insects.
5.10 Garba2"e Can or Container: A container made of galvanized metal, durable plastic or
other suitable material of a capacity not less . than te:1- (10) gallons and not to exceed
thirty (30) gallons approved for use by the City Manager or his designee. Such
container shall have two handles upon the sides thereof, or a bail by which it may be
lifted, and shall have a tight fitting solid top.
5,11 Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of
irs quantity, concentration, or physical, chemical, or infectious characteristics, may
cause, or significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or
4
potential hazard to human health or the environment when improperly transported,
disposed of, s!Ored, treated, or other'W'ise managed.
5.12 Household Furnirure: All movable compacrible articles or appararus, such as chairs,
!
tables, sofas, mattresses, etc" for equipping a house.
5 ,13 Household Trash: Accumulations of pape:, magazines, packaging, comamers,
sweepings, and all othe: accumulations of a narure othe: than garbage or la\\ill trash,
which are usual to housekeeping and to the operation of stores, offices and othe:
business places. Household trash s~all include, but not be limited to, all small
appliances, small furniture, yard toys, and building material waste from residential
do-it-yourself projectS, Waste gene:ated by building contractors or subconrractors
is not household trash.
5.14 Industrial Wastes: Any and all debris and waste products generated by
manufactwing, food processing (except restaurants), land clearing, any commercial
shrubbery or tree cuttings, building construction or alteration (except do-it-yourself
projects) and public works type construction projects whether performed by a
government unit or by contract. Industrial wastes are not included in the scope of
this Agreement.
5.15 Infectious Waste: Those wastes which may cause disease or may reasonably be
suspected of harboring pathogenic organisms. Included are wastes which may
consist of, but are not limited to, diseased hwnan and animal pans, contaminated
bandages, pathological specimens, hypodermic needles, contaminated clothing, and
surgical gloves.
5
5,16 Landfill: Any solid waste land disposal area for which a permit, ocher than a general
permit, is required by s.403, 707, Florida Starutes, that receives solid waste for
disDosal in or unon land other than a land-soreading site, injection well, or a surface
...... .. -
impoundment.
5,17 Loose Refuse: Any refuse, eicher garbage or trash, stored in and collected from any
type of comainer other than a mechanical container or garbage can as described in
subsection 5.10, Refuse which is collected from the ground is considered loose
refuse.
5.18 Mechanical Container: Any detachable metal container designed or intended to be
mechanically dumped into a loader/packer type of garbage truck used by the
Contractor.
5.19 Multiple Dwelling Units: Any building containing two (2) but not more than eight
(8) permanent living units, not including motels and hotels. Buildings containing
over eight (8) living units are classified as commercial accounts unless service of a
differem nature is approved by the City Manager or his designee.
5.20 Performance Bond: The form of security approved by the City and furnished by
Contractor as required under the Agreement as a guarantee that Contractor "Will
execute the work in accordance "With the terms set forth herein and will pay alllavvful
claims.
5,21 Recvclable Materials: Tnose materials which are capable of being recycled and
which would othenvise be processed or disposed of as solid Waste.
6
- 77
.)._-
Recvc!ing: Any process by which solid waste or rnate~als which other\\tise become
solid waste, are collected, separated, or processed and reused or rerurned to use in the
form of raw materials or products.
- "') ~
.) ._.J
I
Residential Solid Waste: A mixture of garbage and trash resulting from the normal
- -
housekeeping activities of a residerlce.
5 "'),1 Residence (Single Familv'): A de:ached building designed for or occupied exclusively
by one family,
- 7-
.),-)
Refuse: Both rubbish and garbage or a combination or mixture of rubbish and
garbage, including paper, glass, metal, and other discarded matter, excluding
recyclable marerials.
5,16 Refuse Rezulations: Regulations prescribed by the City together with such
administrative rules, regulations, and procedures as may be established for the
purpose of carrying out or making effective the provisions of the Agreemenr:.
5.27 Remodeling and Home ReDairs Trash: Materials accumulated by the homeoVv1ler or
tenant during the course of a self-performed irnprovemem project, prepared in
lengths not'exceedfive (5) feet or forty (40) pounds in weight.
5.18 Residential Service: The refuse collection service provided to pe:sons occupying
residential dwelling units within the designated area, who are nor receIvmg
commercial service.
5,19 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse and
other discarded material.
7
5.30 Solid Waste Disposal Facilirv: Any solid waste management facility which is the
final resting place for solid waste, including landfills and incineration facilities that
produce ash from the process of incinerating municipal solid waste,
i
5,]1 Soe::ial Wasre: Solid wastes that can require special handling and management,
including, bur nor limited ro, asbesLOs, whole tires, used tires, used oil, lead-acid
baneries, and biological wastes.
- "'J
),.:1_
Specifications: Dire::tions, provisions and requirements contained in the Request for
Prooosals together with any 'WTinen contract made or to be made setting out or
. '- <II _
relating to the methods and manner for the work to be carried out.
5.33 W'hire Goods: Inoperative and discarded remgerarors, ranges, water hearers, freezers,
small air conditioning units, and other similar domestic and commercial large
appliances.
5.34 Yard Trash - Regular: Vegetative maner resulting from yard and landscaping
maintenance, including materials such as tree and shrub trimmings, grass clippings,
palm fonds, or small tree branches not in excess ottour (4) feet in length and four (4)
. inches in di~eter. Such trash shall be bundled or placed in containers which are
susceptible to normal loading and. collecrion as other residential solid waste. No
bundle or filled container shall exceed fifty (50) pounds in weight,
5,35 Yard Trash - Bulk: Large cuttings ofyegerarive and wood marrer which are Dart of
- - .
normal yard maintenance which Cannot be cut for placement in a container, bag, or
bundle due to the marerial 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
8
equipment of the Contractor and bulk yard material shall not exceed six (6) feet in
length. Bulk yard trash does not include any form or maner or debris resulting from
tree removal, land clemng, land developmenr. building demolition or home
1
improvement. Home irnorove:nenrs as defined herein would include bm nor be
limited ro carpeting, cabinets, dry wall, lumber, paneling, and other such construction
relm:ed marerials. Carpeting will be picked up by the Contractor if cm to lengths of
six (6) feer or less and bundled. Bulk yard trash does not include amomobiles and
amomorive components, boars and internal combustion engines. This must be
scheduled by the Contractor si.."t times per year (every other month).
5,36 Special Pick-Uo: Garden trash, tree and shrubbery trash, and any other household
debris which is not ready to be picked up on the scheduled bulk trash pick up day,
or the second scbeduled garbage pick up day per week, can be picked up at the
o\.Vnersloccupanr's expense by calling Contracror for a special pick up. Contractor
shall quote price for special pick ups and collect fee from o\.Vner.
6. SPECIAL CONDTTIONS:
6.1 Pre-Starr Route Familiarization: Contractor shall effect a pre-start rome
familiarization program in conjunction \\lith the City to help route drivers become
aware of and familiar with the collection points currently being provided. Tnis \\fill
include a "hands-on effort" with drivers and key personnel becoming totally familiar
with City routes and points of ser-'lice. The Contractor shall certify to the City in
'NTiting that it is completely prepared to assume collection, no later than April 14,
1997,
9
6.2 Comprehensive Nocification: Contractor shall provide comprehe:J.sive notification to
-
all residemial customers being provided se:-vice hereunder, including notice of start,
description or services and any time a route changes; said notification program to be
,
approved by the City at least tvvo (2) weeks prior to comrnencemem of worK.
7. DESCRlPTION OF WORK - SaUD WASTE PROGR.A.M.
7,1 Contrac~or shall provide residemial solid wasTe colleclion services within the Ciry
limits of Miami Be::J.ch, and as specifically set forch in RFP No. 63-96/98, dated
February 19, 1997, The CiTy will be responsible for the billing and collection or
solid waste fees from residemial customers.
-7
/ '-
Contractor shall provide, at its own expe:J.se, all labor, insurance, supe:-VlS1on,
machinery and equipme:J.t, plant building, trucks and any other tools, equipment.,
accessories and items necessary to maintain the standard or collections and disposal
set forth herein.
7,3 Protection of Adiacent Prooerrv and UtiliTies: Contractor shall conduct its work in
such a manner as to avoid damage to adjacem private or public property and shall
immediately repair or pay for any damage incurred through its operations.
ContraCTOr shall take cognizance of all existing utiliTies and it shall operate with due
care in the vicinity of such utilities and shall immediately repair or have repaired at
no cost to the O'NTIer any breakage or damage caused by its operation,
7.4 Soillage: Contractor shall not litter or cause any spillage to occur upon the premises
or the rights-of~way wherein the collection shall occur, In the eve:J.t or any spillage
caused by Contractor, clean up of spillage shall occur within four (4) hours of notice
10
to Contractor from City and if the spillage is not picked up within four (4) hours, the
City may, at i!s sole discretion, pick up the spillage and bill the Contractor ror the
pick-up, which the tOntracLOr shall promptly pay, Notvlithstanding the foregoing,
Contractor may refuse to collect any solid waste that has not been placed in a
re:eptacle, as provided he:-ein. During hauling, all solid waste shall be comained,
tied, or enclosed so that leaking, spilling and blowing is prevented.
7.5 Residential Collection SeiVice: ContracLOr shall collect and dispose or all garbage,
yard trash and solid waste (except special waste. as defined in subse:tion 5.31) from
all single family houses, multi-family tm.its of eight (8) or fewer tm.its under common
oVo-TIership, as identified for se0!icing by the City. The Contractor shall also remove
debris such as fallen branches from the swale areas during regular pick ups.
7,6 Freauencv of Collection: COntracLOr shall collect solid waste from places of
residence within the Agreement collection area at least tvlo (2) times per week, with
colle:tions at least three (3) days apaI1. Contractor shall colle:t yard trash at curbside
every second scheduled garbage pick up day per week.
7.7 Hours of Collection: Collection shall begin BO earlier than 7:00 A.M., and shall cease
no later than 7:00 P.M, In the case oran emergency, collection may be permined at
times not allowed by this subse:tion, provided Contractor has received prior approval
from the City Manager or his designee, to be later evidenced by a v.Tinen
memorandum confirming the approvaL Should the ContracLOr not confL."'TIl and
obtain in the approval and operate on an emergency basis, it shall be conclusively
presumed that Contractor had not obtained such approval.
11
7.8 Point of Pickup of Residential Garba!?e: Collections of residential garbage and
rubbish shall be at the house (backyardlsideyard), for collection at ground level.
7,9 Receotacle: Contdctor shall be required to pick up all garbage a.'1d rubbish from
residential units which have been properly prepared and stored for collection as
follows: all rzarbaae trash and rubbish shall be Dlaced in a Q"arba9:e can or in such
- ::' .. --
other olastic disDosal baa and shall be olaced at curbside on or at such oth,e:- sinQ"le
. .::>. -
collection point as may be agreed upon by the Contractor and the customer. Usual
household trash shall either be placed in containers where it shall be collected in the
same manner as garbage at curbside. Non-cont~""lerized trash shall be collected
providing that it does not exceed four (4) feet in lengr.h nor be greater than fifty (50)
pounds in weight for any piece or segment of such materials.
7.10 Method of Collection ofResidemiaJ Garba!?e: Contractor shall make collections vvith
a minimum or noise and disturbance to the residential customer and the
neighborhood, .tuly garbage or trash spilled by Contractor shall be picked up
immediaTely by Contractor, Garbage receptacles shall be handled carefully by
Contractor, shall not be bent or othern'ise abused, and shall be thoroughly emptied
and then left at the proper point or collection. Metal cans shall be replaced upright
with cove:-s securely and properly in place, or can be inverted with covers placed
topside up on the ground next to the container. Plastic cans shall be inverted with
covers placed topside up on the ground next to the container. !\ny type receptacle
found in a rack, cart or enclosure of any kind shall be turned upright in such rack, can
or enclosure of any kind and lids shall be olaced securelv on too of said recePtacles.
.. .I... ...
12
In the event of damage caused by Contractor to garbage receptacles, other than
normal wear and tear, ContractOr shall be responsible for the timely repair or
replacement of said ~receplacles within seven (7) days of receiving a complaint from
the residential Customer.
7,11 Schedules and Routes: Contractor shall provide the City "With schedules for all
collection routes and keeD such information current at all times. If anv chan2:e in the
. . -
collection routes occurs, then the City shall be immediately notined in vvriting. .AJI
permanent changes in routes or schedules that alter the day of pickup are subject to
approval of the City Manager or his designee. Upon approval by the City Ma.T1ager;
Contrac!Or shall publish notice in a newspaper of general circulation in Dade County,
at least seven (7) days prior to the effective date, of such route or schedule change.
Tne cost of publication shall be borne solely by Contractor. The City reserves the
right to deny Contractor's vehicles access to certain streets, alleys and public ways
inside the City in route to the disposal site where it is in the interest of the City to do
so because of the condition of the streetS or brid2:es. Tne City shall not interruot the
- .
regular schedule or quality of service because-of street closure less than eight (8)
hours in duration. The CitY shall notify Contractor of street closures of longer
'. -
duration, and arrangements for se:-vice will be made in a manner satisfactory to
Contractor and City, Customers under the Agreement shall receive reasonable
notincation of the schedules Drior to commencement of se:vice, Such notification
.. ,
material, methods, and frequency of delivery shall be approved by the City, Only
13
local truck routes shall be used in transit, unless specifically for the purpose of
collection.
J
7.12 Storms: In case of storm, the City Manager or his designee may grant Contractor
reasonable variance from regular schedules and routes. As soon as practicable after
such storm, Contractor shall advise the City Manager and the customers of the
estimated time required before regular schedules and routes can be resumed. In the
case of a storm where it is necessary for Contractor and the City to acquire
additional equipment and to hire eXtra crews to clean the City of debris and refuse
resulting from the storm, Contractor shall be required to work \.\lith the City in all
possible ways, on a priority basis, for the efficient and rapid clean-up of the City.
Contractor shall receive extra compensation above that set forth herein for additional
manpower, overtime, and costs of rental equipment, provided Contractor has first
secured prior written authorization from the City Manager or his designee. The total
charges for such services shall be based on rates jointly agreed to by the City
Manager or his designee and Contractor.
7,13 Force Mai eure: The performance of any act by the City or Contractor hereunder may
be delayed or suspended at any time while, but only so long as, either party is
hindered in or prevented from performance by acts of God, the elements, war,
rebellion, strikes, lockouts or any other cause beyond the reasonable conn-ol of such
party; provided, however, that if the hindrance of prevention of performance exceeds
a period of thirty (30) days, the City may at its ss>le option and discretion, cancel or
renegotiate this Agreement.
14
7.14 Collection Eauioment: Contractor shall have on hand at all times and in good
working order such equipment as shall permit Contractor to adequately and
efficiently perform its contractual duties, Equipment shall be obtained from
nationally known and recognized manufacturers of garbage collection and disposal
equipment. For residential collections, equipment shall be of the enclosed loader
packer type, and all equipment shall be kept in good re?air, appearance. and in a
reasonably sanitary and clean condition at all times. Contractor shall have available
reserve equipment which can .be put into service within two (2) hours of any
breakdown. Such reserve equipment shall correspond in size and capacity to the
equipment used by Contractor to perform the contractual duties. A list of
Contractor's equipment shall be given to the City annually (Exhibit A - List of
Equipment). Equipment is to be painted uniformly with the name of Contractor,
business telephone number and the number of the vehicle in letters not less than five
(5) inches high on each side of the vehicle. All vehicles shall be numbered and a
record kept of the vehicle as to which each number is assi2:Iled. No advertisino shall
- ~
be permitted on vehicles, except for events approved between City and Contractor,
except of events sponsored by the City,
7.15 Refuse Ouantities: Contractor represents and warrants that it has reviewed the City's
collection records and LL."r1derstands that at certain tiTTles dlL.-ing the year, the quantity
of refuse to be disposed of is materially increased by the influx of visitors.
Contractor agrees that seasonal fluctuation will not be jUstification for Contractor to
, -
-:>
fail to maintain the required collection schedules and routes or to justify a rate
increase.
1
7.16 Disposal at a Solid Waste Disposal Facilitv: Contractor hereby represents and
warrants to the City that all solid waste collected by it under this Agreement will be
disposed of only at a duly licensed and permitted solid waste disposal facility as
defined herein, and as specifically set forth in RFP No. 63-96/98, dated February 19,
1997. In the event Contractor relocates solid waste collected hereunder from an
existing solid waste disposal facility to another, other than a temporary basis, it will
notify City in writing within ten (10) days, and Contractor shall also, within said ten
(10) day period, provide City with the licenses and permits for said new facility.
8. DESCRIPTION OF WORK.: YARD TRASH PROGRAM.
8.1 Contractor shall collect all yard trash as defined herein from all single-family homes,
multi-family units of eight (8) or fewer units under common o\\TIership, as identified
for servicing by the City.
8.2 Point ofPid.llP of Yard Trash: Collection of yard trash shall be at curbside.
8.3 Frequencv of Collection: Contractor shall pick up all yard trash as defmed herein
from residences and multi-family units of eight (8) or fewer units within the service
area at least once a week, on the second scheduled pick-up day of each week. White
goods and bulk items shall be collected on a pre-arranged basis, Contractor shall be
responsible for establishing such.programs and public information for same,
8.4 Hours of Collection: Collection shall begin no e.arlier than 7:00 A.M. and shall cease
no later than 7 :00 P.M., provided that in the event of an emergency or unforeseen
16
circumstances, collection may be permitted at a time not allowed by this subsection,
following approval by the City Manager.
8.5 Preparation of Yard Trash for Collection: The Contractor shall pick up all yard trash
generated from residential units and multi-family units of eight (8) or fewer units
which has been properly prepared and stored for collection as follows:
Garden and Yard Trash - Regular placed adjacent to the pavement or traveled way
of the street in containers or bundles less than :fifty (50) pounds each with no
dimension over four (4) feet each, or limbslbranches not greater than four (4) inches
in diameter, shall be collected at least one day per week. Palm fronds and bu1l.')' tree
debris from trees on the swales, in accordance with the dimensions set forth above,
shall be picked up as is. Non-containerized Yard Trash and Yard Trash-Bulk ""ill be
collected by the Contractor on a scheduled basis at no additional charge. Such
service shall be provided at least six times per year (every other month). In the event
of a dispute between Contractor and a customer as to what constitutes bu1l.')' yard
trash, the situation will be reviewed and decided by the City Manager and his
designee whose decision will be fmal,
8.6 Method of Collection of Yard Trash: The Contractor shall make collections with a
minimum of noise and disturbance to the householder. iillY yard trash spilled by the
Contractor shall be picked up immediately by the Contractor. Garbage receptacles
shall be handled carefully by the Contractor, shall not be bent or otherwise abused,
and shall be thorougWy emptied and then left at the proper point of collection. Metal
cans are to replaced upright with covers securely and properly in place on the cans.
Plastic cans shall be inverted with covers placed topside up on the ground neA'1 to the
17
container. Any type receptacle found in a rack, cart or enclosure of any kind shall
"-
"-
be turned upright'io such rack, cart or enclosure, and lids shall be placed securely and
properly on the top of said receptacles.
8,7 Equipment: The Contractor shall have on hand at all times and in good working order
such equipmem as shall permit the Contractor adequately and efficiently to perform
its contractual duties, Equipment shall be obtained from nationally knO\N11 and
recognized manufacturers of garbage collection and disposal equipment. Collection
vehicles shall be of the enclosed loader packer type or other vehicle designed to
allow for efficient collection of yard trash. The equipment shall be kept in good
reoair, aODearance. and in a sanitarY and clean condition at all times. All reolacement
.. ...,. J ..
and additional vehicles shall be new equipment unless otherwise agreed by the City.
The Contractor shall have available reserve equipment which can be put into service
within rwo (2) hours of any breakdo\VD. Such reserve equipment shall correspond
in size and capacity to the equipment used by the Contractor to perform the
contractual duties. A list of the Contractor's equipment shall be given to the City at
the time of each annual audit (Exhibit A).
9, CONTRACTOR'S PERSONNEL.
9.1 Contractor"s Officer(s): Contractor shall assign a qualified person or persons to be
in char2:e of the ooeratiorls within the service area. Contractor shall 2:ive the names
- . -
of these persons to the City, Information regarding the person's experience and
qualificat:,1ns shall also be furnished. Supervisory personnel must be available for
consultation with the City Manager or his designee and/or customers within a
18
reasonable, practicable time after notification of a request for such consultation. Tne
supervisor(s) shall operate a vehicle which is radio equipped.
1
9.2 ConducT ofEmDlovees: Comractor shall see to it that its employees serve the public
in a couneous, helpful and impanial manner. Contractor's collection employees Vvill
be required to follow the regular walk for pedestrians while on private property. No
trespassing by employees will be permirced, nor crossing property of neighboring
premises unless residents or O\:VTIers of both such propenies shall have given
permission in writing. Care shall be taken to prevent damage to property incl uding
cans, carts, racks, trees, shrubs, flowers and other plants.
9.3 Emplovee Uniform Re!rulations: Conrractor's solid waste collection employees shall
wear a uniform or shin bearing the company's name, Contractor shall furnish to
each employee an idemifying badge, not less than two and one-half (2 Y:") inches in
diameter, Vvith numbers and letters at least one (1 ") inch high, uniform in type.
Employees shall be required to wear such badges while on duty, Lerceting stitched
on or identifying patches permanently attached to uniform shins and jackets Vvill be
acceptable. Contractor shall keep a record of employees' names, numbers and route
assignments in a manner to allow identification of employees at all times. Contractor
shall provide its then currem employee lis! to City Vvithin twenty-four (24) hours of
wrircen notice form the City.
9.4 Compliance with State, Federa! and Municipal Law: Contractor shall comply Vvith
all applicable City, State and Federal laws relatipg to wages, hours, and all other
19
applicable laws, rules and regulations including but not limited to those relating to
the employment or protection of employees, now or here2J.~er in effect.
9.5 Fair Labor Standards Act: Contractor is required and hereby agrees by execution of
this Agreemen~ to pay all employees not less than the Federal minimum wage and
to abide by other requirements as established by the Congress of the united States
in the Fair Labor Standard Act as amended from time to time,
9,6 Each vehicle operator shall, at all times, carry a valid driv~r' s license for the type of
vehicle that is being driven.
9.7 Contractor shall provide operating and safety training for all personnel.
9.8 Cono-actor shall. wherever possible, employ its personnel from residents of the City.
9.9 No person shall be denied employment by Contractor for reasons of race, sex,
national origin, creed, age, physical handicap, sexual orientation or religion.
10. CONTRACTOR'S OFFICE.
10,1 Contractor shall provide, at its expense, a suitable office located within or in close
proximity to Dade County, open be:vveen 8:00 A.M. and 5:00 P.M., Monday through
Friday, with a telephone number dedicated solely for Miami Beach residents where
cOIDolaims shall be received, recorded and handled during: normal working: hours of
. --
each week and shall provide for prompt handling of emergency complaints and all
other soecial calls in accordaIJ,ce with Section 14. Tne office shall include recordina
. '"
equipment for receipt and logging of off-hours calls, Said calls to be resoonded to
the following working day.
20
10.2 Notification to Customers: The Contractor shall notify all customers, in writing,
about complaint procedures, rates, regulations, and the days of collection and
procedures for spe~ial pick-ups, including white goods and bulk items.
11, P.t.. Y1'vfENT AND BILLING.
11,1 ComDensation: Tne City shall pay Contractor compensation for the performance of
this A!Zreement, the sums due based on the unit prices submitted in Cont"actor's
response to RFP No, 63-96/98 dated February 19, 1997, subject to any conditions or
deductions as provided. Contractor's Unit Price Schedule for solid waste and yard
trash collection shall include disposal costs and all costs for services to be provided
herein, except where additional fees, increases or services are specifically provided
herein. Contractor shall submit an invoice by the 10th of each month for services
rendered during the preceding month, and payments will be made to Contractor on
or before the 20th day of each calendar month upon verification of the invoice
submitted.
11.2 Bi]]in~ Procedures: On the first day of each month the contract payment(s) for
Residential Solid Waste Collection and Yard Trash Collection shall be adjusted to
correspond with the occupancy of existing or new buildings and the demolition of old
buildings, Tne adjustment made on the firS! day of each month shall be for buildings
either occupied or demolished during the second month preceding the adjustment;
for example, any change which is made on June 1 of any year will be for buildings
occupied or demolished in April of the subjec~ year. Any existing unit shall be
considered unoccupied whenever the City has temporarily terminated water service,
21
at the customer's request only. Any new unit shall be considered to be occupied
when a certificate of occupancy has been issued and water service has been provided
l'
to the unit's occupant(s). Proof of demolition shall be demolition pennits issued by
the Building Department. The Contract adjustments will be based on unit costs
included in the Contractor's original bid. The City will notify the Contractor of any
existing unit that is considered unoccupied and of any new unit that is considered to
be occupied.
11.3 Adiustments in Disposal Costs: The parties acknowledge that the contract is based
on the current Dade County Tipping Fee at time of award. However, it is recognized
that, from time to time, the actual cost charged to the Contractor by a disposal agency
for disposal of refuse at the disposal site may change.
In the event of such change in the tipping fee, Contractor may request, and the City
upon submission of sufficient proof of such change, shall grant such increase in
contract price for the disposal cost as will compensate for the actual change of
disposal cost. Decreases in disposal costs shall be cause for a like decrease in
contract price.
11.4 Unusual Changes or Costs: Contractor may petition the City for rate adjustments at
reasonable times on the basis of unusual changes in its cost of doing business, such
as revised laws, ordinances or regulations, or changes in location of disposal sites,
and such requests shall not be unreasonably refused, Prior to allowing any increase,
the Contractor must submit all records and information reasonably requested by the
City as would support the requested increase, which request shall be submitted to the
22
City of Miami Beach Commission for its consideration. Any of the aforesaid
changes or any other conditions which occur that substantially reduce Contractor's
i
cost shall entitle the City to receive a unit rate decrease in proportion to the decrease
in Contractor's cost.
12. CONTRACT PERFORMANCE.
12.1 Contractor's performance pursuant to this Agreement shall be supervised by the City
Manager or his designee. If at any time during the life of the Agreement,
performance is considered unsatisfactory by the City Manager or his designee,
Contractor shall immediately take all steps necessary and procedures to properly
perform under the Agreement, including but not limited to increasing the workforce,
tools and equipment as needed to properly perform this Agreement. The failure of
the City Manager or his designee to give such notification shall not relieve
Contractor of its obligation to perform the work at the time and in the manner
specified by the Agreement.
12.2 Contractor shall furnish the City Manager or his designee any information relating
to the Agreement to ascertain whether or not the work, as performed, is in accordance
with the requirements of the Agreement.
12,3 The City Manager may appoint qualified persons to inspect Contractor's operation
and equipment at any reasonable time, and Contractor shall admit authorized
representatives of the City to make such inspections at any reasonable time and place.
12.4 The failure of the City at any time to require performance by Contractor of any
provision thereof shall in no way affect the right of the City thereafter to enforce
23
same, nor shall waiver by the City of any breach of provisions hereof taken or held
to be a waiver of any breach of such provision or as a waiver of any provision itself.
i
13. COOPERA. TION/COORDINA TION.
13.1 The City and its authorized representatives shall at all reasonable times be permitted
free access and every reasonable facility for the inspection of all work, equipment
and facilities of Contractor.
13.2 Contractor shall cooperate with authorized representatives of the City in every way
in order to facilitate the quality and progress of the work contemplated under this
Agreement. Contractor shall have at all times a competent and reliable English
speaking representative on duty authorized to receive orders and to act for Contractor
in the case of its absence.
14. COMPLAINTS AND COMPLAINT RESOLUTION.
14.1 Complaints: Contractor shall prepare, in accordance with the format approved by the
City, and maintain a register of all complaints and indicate the disposition of each
complaint. Complaints shall be identified and such record shall be available for City
inspection at all times during business hours. (See Exhibit B for Complaint Register
Format). The form shall indicate the date and time on which the complaint was
received and the date and time on which it was resolved. All complaints shall be
addressed \.Vithin a 24 hour period, except when a complaint is received after 12:00
noon on the day preceding a holiday, or on a Saturday, in which case the complaint
shall be resolved not later than the next working day, A monthly listing of all the
complaints filed and of their disposition shall be mailed monthly to the City Manager
24
or his designee, no later than five (5) working days after the end of each month.
Legitimacy of challenged complaints shall be determined on the basis of a joint
inspection by the City Manager and a representative of Contractor. Disputes shall
be referred to the City Manager or his designee, whose decision shall be final.
14.2 Complaint Resolution: The follov.ring events shall be considered Events of Default
for the purposes of subsection 19 of the Agreement:
1) Complaints in any calendar month m excess of 0.25% of the
residential customers serviced per month. .
2) Not resolving complaints of missed services within twenty-four (24)
hours six (6) times in any calendar month.
3) Not meeting the criteria established in a response approved by the
City Manager for handling customer complaints; said process to be
submitted within one (1) week of the City Commission approval of
this Agreement.
14.3 Dispute about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractor with regard to the collection of certain items due to
disputes over the specific language of the Agreement. The City Manager may from
time to time notify Contractor by telephone to remove all such refuse, Should
Contractor fail to remove the refuse \Vithin twenty-four (24) hours from time of
notification; the City may do so, and all costs incurred by the City shall be deducted
from compensation due Contractor. Notice of the amount deducted shall be given
to Contractor. If it is determined that the disputed refuse did not conform to the
25
specifications of this Agreement, the Contractor shall be entitled to reimbursement
of the deduction.
i
15. SUBCONTRACTORS.
Subcontractors will not be permitted under the terms of this Agreement .without the prior
written consent of the City, which consent shall not be unreasonable withheld.
16. PERFORMANCE BOND.
16.1 Amount of Bond: Contractor shall, upon execution of this Agreement by both parties
and prior to the commencement of the services under the Agreement, furnish to the
City a Performance Bond in the penal sum as stated below for the payment of which
Contractor shall bind itself for the faithful performance of the terms and conditions
of this Agreement:
Said performance bond will be fifty percent (50%) of the Agreement amount, as
calculated in Contractor's response to RFP No. 63-96/98, dated February 19, 1997,
and as adjusted annually on the anniversary date of the Agreement.
16.2 Form of Bond: The form of the Performance Bond shall be as set forth in RFP No.
63-96/98, dated February 19, 1997, and shall continue in full force and effect
throughout the term of this Agreement, and any e),.1:ensions thereof.
16.3 Qualification of Suretv: Th~ Performance Bond must be executed by a Surety
Company of recognized standing, authorized to do business in the State of Florida
and having a resident agent in Dade County. The Surety Company shall hold a
current Certificate of Authority as acceptable Sutety on Federal Bonds, in accordance
with U.S. Department of Treasury Circular 570, in Current Revision. The
26
Performance Bond will not be accepted unless it is within the limits set forth in the
Certificate of Authority from the Department of Treasury.
17. INSURANCE AND INDEMNIFICATION.
17.1 At all times during the term of this Agreement, Contractor shall maintain in full force
and effect, at its sole cost, the insurance and indemnity provisions set forth in RFP
No. 63-96/98, dated February 19, 1997.
18. DAMAGE TO OR DESTRUCTION OF EQUIPMENT.
If any item of equipment is damaged, destroyed, or stolen by an event which is covered by
insurance, Contractor will utilize the insurance proceeds to repair or replace said equipment.
If the insurance proceeds are insufficient or the equipment has been damaged or destroyed
by an uninsured casualty, Contractor shall invest the additional funds needed to repair or
replace the equipment.
19. EVENTS OF DEFAULT BY CONTRACTOR
Each of the following events or conditions shall constitute an event of default by Contractor:
a) .A..ny material failure by Contractor to perform or comply with the terms and
conditions oftbis Agreement, including the failure of Contractor to meet the
standards of performance as defmed in Section 12 herein, and said failure
continues for thirty (30) days after Notice to Contractor demanding that such
fail ure be cured,
b) Filing by or against Contractor or the Performance Bond surety of a
bankruptcy, receivership, assignment foZ the benefit of creditors, liquidation,
27
dissolution, composition or reorganization petition, or other insolvency
proceeding.
I
c) If the services under the Agreement shall be vacated or abandoned by
Contractor during the term of this Agreement for a period of seven (7) days
or more.
d) .A..ny representation or warranty furnished by Contractor in this Agreement is
found to be false or misleading in any material respect when made.
e) Failure to abide by the complaint resolution standards set forth in subsection
14.3.
20. REMEDIES UPON DEFAULT BY CONTRACTOR
In the event of default by Contractor, the City may, without election of remedies:
a) Without recourse to legal process, immediately terminate the Agreement by
delivery of a Notice declaring termination (which shall become effective
upon receipt by Contractor), whereupon Contractor shall, at its sole cost,
remove the equipment.
b) Seek recovery on the Performance Bond.
c) Exercise all remedies available at law or at equity or other appropriate
proceedings including bringing an action or actions from time to time for
recovery of amounts due and ov.ring to the City, and/or for damages which
shall include all costs and expenses reasonably incurred in exercise of its
remedy, and/or for specific performanc~.
28
21. TERMINA TION FOR CONVENIENCE BY THE CITY
21.1 THE CITY, IN ADDITION TO THE RlGHTS AND OPTIONS TO
1
TERMINATE SET FORTH IN SECTIONS 19 A.I'I.(1) 20, OR IN A!"l' OTHER
PROVISIONS SET FORTH IN THIS AGREEMENT, RETAlNS THE RlGHT
TO TERMINATE THIS AGREEMENT AT ITS SOLE OPTION AT .~..NY
TIME FOR CONVE1'I1:ENCE, W1THOT;T CAUSE Al~1> W1THOUT
PENAL TY, WHEN IN ITS SOLE DISCRETION IT DEEMS SUCH
TERMINATION IS IN THE BEST INTEREST OF THE CITY..
21.2 Said termination for convenience shall become effective thirty (30) days following
receipt by Contractor of a written termination notice. In that event, the City shall
compensate Contractor in accordance with the Agreement for all services actually
performed by Contractor. Such payment shall be the tOtal extent of the City"'s
liability to Contractor upon a termination as provided in this Section.
22, VENl.JE
Tnis Agreement shall be enforceable in Dade County, Florida, and iflegal action is necessary
by either parry 'Nith respect to the e~orcement of any and all tRe terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Dade Counry, Florida.
23. LDvfITA TION OF LIABILITY.
Tne City desires to enter into this Agreement only if in so doing the City carl place a limit
on the City's ma.ximum liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
a maximum of two hundred thousand ($200,000,00) doll a:-s , Contractor hereby expresses
29
its willingness to enter into this Agreement with recovery from the City for any damage
action for breach of contract to be its actual damages but in not event to exceed a maximum
!"Wo hundred thousand ($200,000.00) dollars. Accordingly, and not\Vithstanding any other
term or condition of this Agreement, Contractor hereby agrees that the City shall not be
liable to Contractor for damages in an amount in excess of wo hundred thousand
($200,000.00) dollars pursuant to this Agreement, for any action or claim for breach of
contract arising out of the Derformance or non-oerformance of any obligations imoosed uoon
-.... .... -....
the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Starutes, Section 768.28.
24. REPRESENTA nON AND WARRANTIES OF CONTRACTOR
Contractor wa."'Tants and represents to the City that:
a) It has all requisite power, authority, licenses, permits, and franchises,
corporate or otherwise, to execme and deliver this Agreement and perform
its obligations hereunder.
b) Its execution, delivery, and performance of this Agreement have been duly
author..zed by, or is in accordance with, its organic instruments, this
Agreement has been duly execmed and delivered for it by the signatories so
authorized, and it constirutes its legal, valid and binding obligations,
c) Its execution, delivery, and performance of this Agreement will not result in
a breach of violation of, or constimte a default under, any agreement, lease
30
. . '
or instrument to which it is a party or by which it or its propenies may be
bound or affected.
d) It has not }eceived any notice, nor to the best of its knowledge is there
pending or threatening any notice, or any violation of any applicable laws,
ordinances, regulations, rules, decrees, awards, permits or orders which
would materiallv adverselv affect its abilirv to Derform hereunder.
-'. . ...
e) It has, or will have under its control at the date of commencement of services
under this Agreement, all equipment, machinery, manpower and solid waste
disposal facility necessary to perform tmder the Agreement.
25. APPLICABLE LA w.
This Agreement and the construction and enforceability thereof shall be interpreted under
the laws of the State of Florida.
26. COMPLIANCE "WITH LA WAND STA!'-i-oARD PRACTICES.
Contractor shall perform its obligations hereunder in compliance with any and all applicable
Federal, State. and Local laws, rules. and re2Ulanons, in accordance with sound engineering
, . - - -
and safety practices, and in compliance with any and all rules of the City relative to the
service, Contractor shall be responsible for obtaining all governmental permits, consents,
and authorizations as may be required to perform its obligatioI'-5 hereunder prior to beginning
of providing service.
27, TAAcS. LIENS AND FEES.
At all times during the existence of this Agreement, Contractor shall pay on or before the due
date all taxes, fees, and assessments which may be levied upon or In respect of the
~,
~-
equipment, or its operation, including but not limited to commercial personal property taxes,
sales taxes, and intangible taxes, and Contractor shall pay on or before the due date any other
i
charge of any character which may be imposed or incurred by any public authority as an
incident to title to, ownership of, or operation of the equipment. In the event that any lien
or encumbrance of any nature relating to Contractor's equipment or the operation of
maintenance thereof is filed upon the City, Contractor shall have thirty (30) days from the
date of written notice by City to have such lien or encumbrance bonded off or discharged.
28. NOTICES AND CHANGES OF ADDRESSES.
..6Jl ''Notices'' to be given by either party to the other shall be in writing and must be either
delivered or mailed by registered or certified mail, return receipt requested, addresses as
follows:
To the Citv:
CITY OF 1vfIAMI BEACH
CITY MA.NAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
1vfIAMI BEACH, FLORIDA 33139
AITENTION: JOE PINON, ASSISTANT CITY MA.NAGER
WITH A COpy TO:
CITY OF MIAlvfI BEACH
CITY ATTORNEY'S OFFICE
1700 CONVENTION CENTER DRIVE
MltVv.lJ BEACH, FLORIDA 33139
ATTENTION: MURR.A. Y H. DUBBIN, CITY ATTORNEY
To Contractor:
BROWNING-FERRlS INDUSTRIES OF FLORIDA, INe. (BFI)
3840 N.W. 37TH COURT
MIA1vfI, FLORIDA 33142
- ATTENTION: ROSS JOHN"STON / JOHN" CASAGR..4.NDE
32
or such other addresses as either parry may hereinafter designate by a Notice to the other.
Notices are deemed delivered or given and become effective upon mailing if mailed as
,
aforesaid and upon actual receipt if otherwise delivered.
29. NO WAIVER.
The failure of Conn-actor or the City to insist upon the strict performance of the terms and
conditions hereof shall not constitute or be constrUed as a waiver or relinquishment of either
parry's rights to thereafter enforce the same in accordance with this Agreement in the event
of a continuing or subsequent default.on the part of Contractor or the City.
30. SEVERA..BTLTTY.
In the event that any clause or provision of this Agreement or any pan thereof shall be
declared invalid, void or unenforceable by any coun having jurisdiction, such invalidity shall
not affect the validity or enforceability of the remaining portions of this Agreement.
31. ASSTGNJvfENT.
The selection of Conn-actor as the service orovider under this Afrreement is based uoon its
. - .
experience, capability financial ability to perform the work. Contractor shall not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the
prior vmtten consent of the City.
~.,
.J_,
COMPLETE AGREEMENT.
Tnis Agreement, when executed, together with all Exhibits attached hereto as provided for
by this Agreement, shall constitute t.~e entire Agreement betw'een both panies and this
Agreement may not be amended, modified or terminat~d except by vmting signed by the
panies hereto.
33
. '
33. RFP AND AGREEMENT TNCORPORA TED BY REFERENCE.
RFP No. 63-96/98, dated February 19, 1997, together with all amendmems thereto, and
.
Contractor's proposal in response thereto are hereby incorporated by reference into this
Agreement. In construing the rights and obligations between the parties, the order ofprioriry
in case of conflict between the documents shall be as follows:
(1) This Agreement
(2) The other Exhibits to this Agreement.
(3) RFP No. 63-96/98, together with all amendments thereto.
(4) Contractor's proposal in response to RFP No. 63-96/98.
34. FURTHER DOCUMENTS.
The parties shall execute and deliver all documents and perform all further acts that may be
reasonably necessary to effectuate the provisions of this Agreement.
35. INDEPENDENT PARTIES.
Nothing contained in this Agreement shall be deemed or construed for any purpose to
establish, between City and Contractor, a parmership or venture, a principal agent
relatioRShip, or any relationship other than property owner and independent contractor.
36. TIME OF THE ESSENCE.
Time is of the essence with respect to each and every term and condition of this Agreement.
34
, -
IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto subscribe their
names to this instrument on the date first above written.
Signed, Sealed and Delivered
in the presence of:
i
ATTEST:
BRO\VNlli"O-FERRlS INDUSTRlES
OF FLORlDA, INC.
Assistant Secre
'c IlL 76<(; /,1
~~J_~.-/
ce PresIdent
ATTEST:
our Gelber, Mayor
~~() ~~
City Clerk
...."'"
'MmMoOuI~OPIYC\G.A.UCOU.II'I
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUllON
~!/J!!-'UP
35