Service Agreement 9/13/2000
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SERVICE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
BFI WASTE SYSTEMS OF NORTH AMERICA, INC.
FOR
COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE,
YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S
SOLID WASTE MANAGEMENT FACILITY
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TABLE OF CONTENTS
1. RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
2. LIAISON BETWEEN CITY AND CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. COMMENCEMENT OF WORK ...........................................2
4. TERM.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
4.2 ................................................................ 2
5. DEFINITION OF TERMS ................................................ 3
5.1 Authorized Representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.2 Biohazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.3 Bulk Wastes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.4 City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.5 City Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.6 Construction and Demolition Debris. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.7 Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.8 Disposal Costs ................................................... .4
5.9 Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.10 Garbage Can or Container '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.11 Hazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .5
5.12 Household Furniture .............................................. .5
5.13 Household Trash ................................................. .5
5.14 Industrial Wastes................................................. .5
5.15 Infectious Waste.................................................. .5
5.16 Landfill..........................................................6
5.17 Loose Refuse .................................................... .6
5.18 Mechanical Container ............................................. .6
5.19 Multiple Dwelling Units ........................................... .6
5.20 Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.21 RecyclableMaterials...............................................7
5.22 Recycling............................,........................... 7
5.23 Residence (Single Family) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.24 Refuse..........................................................7
5.25 Refuse Regulations ............................................... .7
5.26 Remodeling and Home Repairs Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.27 Residential Service ............................................... .7
5.28 Solid Waste ..................................................... .8
5.29 Solid Waste Disposal Facility ....................................... .8
5.30 Special Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
5.31 Specifications.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
5.32 White Goods .................................................... .8
5.33 Yard Trash - Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
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5,34 Yard Trash - Bulk "..".......................................... .9
6. SPECIAL CONDITIONS ................................................ .9
6.1 Pre-Start Route Familiarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .9
6.2 Comprehensive Notification ........................................ .9
7. DESCRIPTION OF WORK - SOLID WASTE PROGRAM ...................... 9
7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7.2 ............................................................... 10
7.3 Protection of Adjacent Property and Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7.4 Spillage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7.5 Residential Collection Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
7.6 Frequency of Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
7.7 Hours of Collection ...............................................11
7.8 Point of Pickup of Residential Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
7.9 Receptacle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
7.10 Methods of Collection of Residential Garbage. . . . . . . . . . . . . . . . . . . . . . . . . .12
7.11 Schedules and Routes ............................................. 13
7.12 Holidays........................................................ 14
7.13 Storms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
7.14 Force Majeure ................................................... IS
7.15 Collection Equipment ............................................. IS
7.16 Refuse Quantities ................................................ 16
7.17 Disposal at a Miami-Dade County Solid Waste Disposal Facility. . . . . . . . . . .16
8. DESCRIPTION OF WORK: BULK WASTES PROGRAM..................... 16
8.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8.2 Frequency of Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.3 Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.4 Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9. DESCRIPTION OF WORK: OPERATION OF THE CITY'S SOLID WASTE
MANAGEMENT FACILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9.1 Description of Work: ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9.2 Facility Description: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9.3 Hours ofOoeration ...............................................20
9.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9.6 . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.7 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
9.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.9 ............................................................... 22
9.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
9 .11 Fee Schedule ...,................................................ 22
9.12 ...........,................................................... 22
9.13 Acceptable Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
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9.14 Indemnification:.................................................. 23
10. CONTRACTOR'S PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10.1 Contractor's Officer( s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10.2 Customer Service Representative .................................... 24
10.3 Conduct of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10.4 Employee Uniform Regulations .....................................25
10.5 Compliance with State, Federal and Municipal Law. . . . . . . . . . . . . . . . . . . . . .25
10.6 Fair Labor Standards Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..25
10.7 .............................................................. .25
10.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10.9 ............................................................. ..25
10.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
11. CONTRACTOR'S OFFICE .............................................. 26
11.1 .............................................................. .26
11.2 Notification to Customers .......................................... 26
12. PAYMENT AND BILLING.............................................. 26
12.1 Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
12.2 Billing Procedures ................................................ 27
12.3 Adjustments in Disposal Costs ......................................28
12.4 Unusual Changes or Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
12.5 Consumer Price Index ............................................. 29
13. CONTRACT PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
13.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
13.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14. COOPERATION/COORDINATION....................................... 30
14.1 ............................................................... 30
14.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15. COMPLAINTS AND COMPLAINT RESOLUTION.......................... 31
15.1 Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 31
15.2 Complaint Resolution ............................................. 31
15.3 Dispute about Collection of Certain Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
16. SUBCONTRACTORS.................................................. 32
17. PERFORMANCE BOND................................................ 33
17.1 Amount of Bond ................................................. 33
17.2 Form of Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17.3 Qualification of Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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18. INSURANCE AND INDEMNIFICATION.................................. 34
18.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
19. DAMAGE TO OR DESTRUCTION OF EQUIPMENT ........................34
20. EVENTS OF DEFAULT BY CONTRACTOR ...............................34
21. REMEDIES UPON DEFAULT BY CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . 35
22. TERMINATION FOR CONVENIENCE BY THE CITY .......................36
22.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
22.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
23. VENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
24. LIMITATION OF LIABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
25. REPRESENTATION AND WARRANTIES OF CONTRACTOR................ 37
26. APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
27. COMPLIANCE WITH LAW AND STANDARD PRACTICES. . . . . . . . . . . . . . . . . .39
28. TAXES, LIENS AND FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
29. NOTICES AND CHANGES OF ADDRESSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
30. NO WAIVER.......................................................... 41
31. SEVERABILITy....................................................... 41
32. ASSIGNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
33. COMPLETE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
34. RFP AND AGREEMENT INCORPORATED BY REFERENCE. . . . . . . . . . . . . . . . .42
35. FURTHER DOCUMENTS ...............................................42
36. INDEPENDENT PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
37. TIME OF THE ESSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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SERVICE AGREEMENT FOR COLLECTION AND DISPOSAL OF
RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION
OF THE CITY OF MIAMI BEACH SOLID WASTE MANAGEMENT FACILITY
This Service Agreement for Collection and Disposal of Residential Solid Waste, Yard Trash,
Bulk Waste, and Operation of the City of Miami Beach Solid Waste Management Facility
it.
(Agreement), is entered into this /3 day of St/)11hp/lJt4L, 2000 by and between BFI
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Waste Systems of North American, Inc. (BFI) (Contractor), and the City of Miami Beach, Florida
(City), for the purpose of providing for residential solid waste, yard trash, bulk waste collection and
disposal services within the City of Miami Beach city limits (Collection Area), Operation of the
City's Solid Waste Management Facility, and other such services from the Collection Area as
required by the City and as more particularly set forth herein.
RECITALS:
WHEREAS, the City's contracts for the collection and disposal residential solid waste, yard
trash and bulk waste and operation of the City's solid waste management facility will expire on
October 18,2000; and
WHEREAS, on June 9, 2000, the City issued Request for Proposals No. 101-99/00 entitled,
"Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of the
City's Solid Waste Management Facility"; and
WHEREAS, at its regular meeting on July 26, 2000, the Mayor and City Commission
selected BFI as the first-ranked proposer; and
WHEREAS, the City and BFI have negotiated the foregoing Agreement to provide for
residential solid waste, yard trash and bulk waste collection and disposal services, and operation of
the City's Solid Waste Management Facility, as more fully set forth herein.
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GENERAL INFORMATION
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into this
Agreement.
2. LIAISON BETWEEN CITY AND CONTRACTOR
All dealings, contracts, notices and payments between Contractor and the City under this
Agreement shall be directed by Contractor to the City Manager or his designee.
3. COMMENCEMENT OF WORK
The work outlined herein shall commence immediately upon receipt of a Notice to Proceed,
but no later than October 18, 2000.
4. TERM
4.1 The initial term ofthe Agreement shalJ be for that period beginning on October 18,
2000, and terminating on October 31, 2002.
4.2 The City shall have the option, at its sole discretion, to renew this Agreement, subject
to the terms and conditions set forth herein, for up to three (3) consecutive one-year
terms, by giving Contractor written notice of such renewal at least sixty (60) days
prior to the end of the previous term. Such renewal shall be at the same cost to the
City as the previous term, including any rate adjustments authorized in accordance
with Sections 12.3, 12.4, and 12.5.
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5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee or employees designated in writing by the
City Manager to represent the City in the administration and supervision of this
Agreement.
5.2 Biohazardous Waste: Any solid waste or liquid waste which may present a threat of
causing disease or 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; used disposable shallJs, human blood, and human
blood products and body fluids; diseased or dead animals; and other materials which
in the opinion of the Florida Department of Health represent a significant risk of
infection to persons outside the generating facility. Biohazardous wastes are not
included in the scope of this Agreement.
5.3 Bulk Waste: Any household furniture, household trash, remodeling & home repairs
trash, white goods, and/or yard trash, which cannot be cut for placement into a
container, bag, or bundle due to the material exceeding the weight and size
restrictions for regular trash collection, as defined herein. Bulk wastes shall be of a
type as to be readily handled by the mechanical equipment of the Contractor. Bulk
waste does nut include any matter or debris resulting from tree removal, land
clearing, land development, building construction or demolition, automobiles,
automotive components, boats or internal combustion engines.
5.4 Citv: The City of Miami Beach, Florida, and its authorized representatives.
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5.5 City Mana!!er: The City Manager of the City of Miami 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 nature, including, but not limited to, steel, glass, brick,
concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a construction or demolition
project, and including rocks, soils, tree remains, and other vegetative matter which
normally results from land clearing or land development operations for a construction
project.
5.7 Contractor: The person, firm, corporation, holding company, organization, agency,
or other entity with whom the City has executed this Agreement for performance of
the work or supply of equipment or materials, or its duly authorized representative,
All successors to Contractor are included in this definition.
5,S DisDosal Costs: The "tipping fees" charged to Contractor for disposal of the solid
waste collected by Contractor.
5.9 Garbage: Every refuse accumulation generated from a residence or multiple dwelling
unit of animal, fruit, vegetable, or organic matter that attends the preparation, use,
cooking, consumption, or storage of, meats, fish, fowl, fruit or vegetables, and other
foodstuffs, including packaging materials.
5.10 Garbage Can or Container: A container made of galvanized metal, durable plastic or
other suitable material of a capacity not less than ten (10) gallons and not to exceed
thirty (30) gallons approved for use by the City Manager or his designee. Such
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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
its 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
potential hazard to human health or the environment when improperly transported,
disposed of, stored, treated, or otherwise managed.
5.12 Household Furniture: All movable compactible articles or apparatus, such as chairs,
tables, sofas, mattresses, etc., for equipping a house.
5.13 Household Trash: Accumulations of paper, magazines, packaging, containers,
sweepings, and all other accumulations of a nature other than garbage or yard trash,
which are usual to housekeeping and to the operation of stores, offices and other
business places. Household trash shall include, but not be limited to, all small
appliances, small furniture, yard toys, and building material waste from remodeling
and home repair projects. Waste generated by building contractors or subcontractors
is not household trash.
5.14 Industrial Wastes: Any and all debris and waste products generated by
manufacturing, processing, land clearing, and demolition projects. 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
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consist of, but are not limited to, diseased human and animal parts, contaminated
bandages, pathological specimens, hypodermic needles, contaminated clothing, and
surgical gloves.
5.16 Landfill: Any solid waste land disf'osal facility for which a permit, other than a
general permit, is required by s.403. 707, Florida Statutes, that receives solid waste
for disposal in or upon land other than a land-spreading site, injection well, or a
surface impoundment.
5.17 Loose Refuse: Any refuse, either garbage or trash, stored in and collected from any
type of container other than a mechanical container or garbage can as described in
Section 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
different 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 all lawful
claims.
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5.21 Recyclable Materials: Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
5.22 Recycling: Any process by which solid waste or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the
form of raw materials or products.
5.23 Residence (Single Familv): A detached building designed for or occupied exclusively
by one family.
5.24 Refuse: Both trash and garbage or a mixture of trash and garbage, including paper,
glass, metal, and other discarded matter, excluding recyclable materials.
5.25 Refuse RelJ:ulations: 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 Agreement.
5.26 Remodeling and Home Repairs Trash: Waste materials accumulated by the
homeowner or tenant during the course of a self-performed improvement project,
including, but not be limited to, carpeting, cabinets, dry wall, lumber, paneling, and
other such construction related materials. Such trash shall be prepared in lengths not
to exceed five (5) feet or fifty (50) pounds in weight. Carpeting will be picked up by
the Contractor if cut to lengths of six (6) feet or less and bundled.
5.27 Residential Service: The refuse collection service provided to persons occupying
residential dwelling units within the designated area, who are not receiving
commercial service.
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5.28 Solid Waste: Garbage, bulk trash, construction & demolition debris, special wastes,
white goods, yard trash, and other discarded material.
5.29 Solid Waste Disposal Facilitv: Any facility which is the final resting place for
municipal solid waste, including landfills and incineration facilities.
5.30 Special Waste: Solid wastes that can require special handling and management,
including, but not limited to, asbestos, whole tires, used tires, used oil, lead-acid
batteries, biological wastes, infectious waste, hazardous waste, loose refuse,
industrial wastes, and construction and demolition debris.
5.31 Specifications: Directions, provisions and requirements contained in the Request for
Proposals, together with this Agreement, and any other written contract made or to
be made setting out or relating to the methods and manner for the work to be carried
out.
5.32 White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers,
small air conditioning units, and other similar domestic appliances.
5.33 Yard Trash - Re!iular: Any and all accumulations of grass, palm fronds, leaves,
branches, shrubs, vines, trees, tree stumps, and other similar items generated by the
maintenance of yards, gardens and landscaping. Such trash shall be bundled or
placed in containers which are susceptible to normal loading and collection as other
residential solid waste. No yard trash shall be in excess of four (4) feet in length or
four (4) inches in diameter. No bundle or filled container shall exceed fifty (50)
pounds in weight.
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5.34 Yard Trash - Bulk: Large tree or plant cuttings which are part of normal yard
maintenance and which cannot be cut for placement in a container, bag, or bundle
due to the material exceeding the weight and size restrictions for Yard Trash-Regular.
Such wastes shall be disposed of as Bulk Waste, as defined herein.
6. SPECIAL CONDITIONS:
6.1 Pre-Start Route Familiarization: Contractor shall effect a pre-start route
familiarization program in conjunction with the City to help route drivers become
aware of and familiar with the collection points currently being provided. This will
include a "hands-on effort" with drivers and key personnel becoming totally familiar
with City routes and points of service. The Contractor shall certify to the City in
writing that it is completely prepared to assume collection, no later than October,
11,2000.
6.2 Comprehensive Notification: Contractor shall provide comprehensive notification to
all residential customers being provided service hereunder, including notice of start
date, description of services and any time and/or route changes; said notification
program to be approved by the City at least two (2) weeks prior to commencement
of work.
7. DESCRIPTION OF WORK - SOLID WASTE PROGRAM.
7.1 Contractor shall provide residential solid waste collection services within the city
limits of Miami Beach, and as specifically set forth in RFP No. 101-99/00, dated
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June 9, 2000. The City will be responsible for the billing and collection of solid
waste fees from residential customers.
7.2 Contractor shall provide, at its own expense, all labor, insurance, supervIsIOn,
machinery and equipment, plant building, trucks and any other tools, equipment,
accessories and items necessary to maintain the standard of collection and disposal
set forth herein.
7.3 Protection of Adiacent Propertv and Utilities: Contractor shall conduct its work in
such a manner as to avoid damage to adjacent 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 owner any breakage or damage caused by its operation.
7.4 Spillage: 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 event of any spillage
caused by Contractor, the Contractor shall promptly clean up all spillage. If the
Contractor fails to promptly clean up any spillage, the City may, at its sole discretion,
pick up the spillage and bill the Contractor for the pick-up. Notwithstanding the
foregoing, Contractor may refuse to collect any solid waste that has not been placed
in a garbage can or container, or tied and bundled, as provided herein. During
hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling
and blowing is prevented.
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7.5 Residential Collection Service: Contractor shall collect and dispose of all garbage,
yard trash and solid waste (except special waste as defined in Section 5.30) from all
single family houses, multi-family units of eight (8) or fewer permanent living units,
as identified for servicing by the City. The Contractor shall also clean swale and
median areas adj acent to designated collection routes of all accumulated palm fronds
and fallen branches from the swale areas during regular pick ups.
7.6 Frequency of Collection: Contractor shall collect solid waste from places of
residence within the Agreement collection area at least two (2) times per week, with
collections at least three (3) days apart. Contractor shall collect Yard Trash-Regular
at curbside every second scheduled garbage pick up day per week.
7.7 Hours of Collection: Collection shall begin no earlier than 7:00 A.M., and shall cease
no later than 7:00 P.M. In the case ofan emergency, collection may be permitted at
times not allowed by this subsection, provided Contractor has received prior approval
from the City Manager or his designee, to be later evidenced by a written
memorandum confirming the approval. Should the Contractor not confirm and
obtain in the approval and operate on an emergency basis, it shall be conclusively
presumed that Contractor had not obtained such approval.
7.8 Point of Pickup of Residential Garbage: Collection of residential garbage and trash
shall be at the residence (backyardlsideyard), at ground level.
7.9 Receotacle: Contractor shall be required to pick up all garbage, trash and refuse from
residential units which have been properly prepared and stored for collection as
follows: all garbage, trash and refuse shall be placed in a garbage can or plastic
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disposal bag and shall be placed in the backyard, side yard, at curbside, or any other
single 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. Non-containerized trash shall be collected providing
that it does not exceed four (4) feet in length nor be greater than fifty (50) pounds in
weight for any piece or segment of such materials, and that it is placed at curbside
for collection on the second scheduled garbage pickup day per week.
7.10 Method of Collection of Residential Garbage: Contractor shall make collections with
a minimum of noise and disturbance to the residential customer and the
neighborhood. Any 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 otherwise abused, and shall be thoroughly emptied
and then left at the proper point of collection. Metal cans shall be replaced upright
with covers 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. Any type receptacle
found in a rack, cart or enclosure of any kind shall be turned upright in such rack, cart
or enclosure of any kind and lids shall be placed securely on top of said receptacles.
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 receptacles within seven (7) days of receiving a complaint from
the residential customer.
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7.11 Schedules and Routes: Contractor shall provide the City with schedules for all
collection routes and keep such information current at all times. If any change in the
collection routes occurs, then the City shall be immediately notified in writing. All
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 Manager,
Contractor shall publish notice in a newspaper of general circulation in Miami-Dade
County, at least seven (7) days prior to the effective date of such route or schedule
change. The 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 bridges. The City shall not
interrupt 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 service will be made in a manner satisfactory
to Contractor and City. Customers under the Agreement shall receive reasonable
notification of the schedules prior to commencement of service. Such notification,
material, methods, and frequency of delivery shall be approved by the City. Only
local truck routes shall be used in transit, unless specifically for the purpose of
collection.
The City has embarked on an aggressive, city-wide Capital Improvement Program
which includes extensive roadway improvements, water and sewer utility
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infrastructure replacements and Stormwater Drainage Control System. The City
shall notify the contractor of all construction activities and make arrangements for
service in a manner satisfactory to the Contractor and City. The Contractor shall be
required to work with the City in all ways possible, to ensure that the regular
schedule and quality of service are not interrupted.
7.12 Holidays: Contractor shall not be required to provide residential solid waste or yard
trash collection services on the Independence Day, Thanksgiving and Christmas
Holidays. Normal waste collection services will resume on the next regularly
scheduled pick-up date, for those Residential Accounts whose service was missed on
a holiday.
7. \3 Storms: In case of a storm, the City Manager may grant the Contractor reasonable
variance from regular schedules and routes. As soon as practicable after such storm,
the Contractor shall advise the City Manager and the customer of the estimated time
required before regular schedules and routes can be resumed. In the case of a storm,
if it is necessary for the 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, the
Contractor shall be required to work with the City in all possible ways for the
efficient and rapid cleanup of the City. The Contractor shall receive extra
compensation above the Contract amounts for additional manpower, overtime, and
cost of rental equipment, provided that the Contractor has first secured prior written
authorization from the City Manager. The total cost for such services shall be based
on rates mutually agreed to by the City Manager and the Contractor.
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7.14 Force Maieure: 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 control 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 sole option and discretion, cancel or
renegotiate this Agreement.
7.15 Collection Equipment: 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 repair, 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. 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 assigned. No advertising shall be permitted on vehicles, except for
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events approved between City and Contractor, except of events sponsored by the
City.
7.16 Refuse Ouantities: Contractor represents and warrants that it has reviewed the City's
collection records and understands that at certain times during the year, the quantity
of refuse to be disposed of is materially increased by the influx of visitors, seasonal
changes and other factors. Contractor agrees that these fluctuations will not be
justification for Contractor to fail to maintain the required collection schedules and
routes or to justify a rate increase.
7.17 Disposal at a Miami-Dade County Solid Waste Disposal Facility: Contractor hereby
represents and warrants to the City that all solid waste collected by it under this
Agreement will be disposed of only at an approved Miami-Dade County Department
of Solid Waste Management disposal facility. In the event Contractor relocates solid
waste collected hereunder from the current solid waste disposal facility to another,
other than on 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
documentation of the approval for use of the said new facility, issued by the Miami-
Dade County Department of Solid Waste Management.
8.0 DESCRlPTION OF WORK: BULK WASTE PROGRAM.
8.1 The contractor shall collect all household furniture, household trash, remodeling & home
repair trash, white goods, and/or yard trash-bulk, which cannot be cut for placement into a
container, bag, or bundle due to the material exceeding the weight and size restrictions for
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regular trash collection, as defined in Sections 5.12, 5.13, 5.26, 5.32 and 5.34 (collectively,
"Bulk Waste") from all single-family homes, multiple dwelling units.
8.2 Frequency of Collection: The Contractor shall collect such Bulk Waste only on dates
scheduled by Contractor individually with each Residential Account (a Residential Account
means either a Single Family Residence or Multiple Dwelling Unit). Contractor shall collect,
without additional charge to the City under this Agreement, such Bulk Waste a maximum
of four (4) times per calendar year, and up to twenty five (25) cubic yards per pick-up, for
each Residential Account. In the event that a Residential Account presents more than 25
cubic yards of bulk wastes for collection in any scheduled pick-up, it shall be counted as an
additional pick-up event for every additional 25 cubic yards of waste material collected. In
the event that a Residential Account requests more than four (4) Bulk Waste pick-ups during
,
any calendar year, the Contractor shall schedule a special pick-up, and charge the Residential
Account $20 per cubic yard for the additional services.
8.3 Collection Schedule: Contractor shall make available a telephone line to allow residents to
schedule Bulk Waste pick-ups. By calling the telephone line, a Residential Account shall
schedule its Bulk Waste pick-up appointment with the Contractor.
All appointments must be made within seven (7) calendar days from the date of receipt
of the pick-up request from the Residential Account. Pick-ups shall be effected by the
Contractor on the appointment day, and not before or later. Failure on the part of the
Contractor to effect the pick-up on the scheduled date shall result in the Contractor
being charged a $50 penalty fee, per day, per occurance, unless excused by a Force
Majeure, as defined in Section
7.14, or other unforeseen event, as approved by the City Manager or his designee.
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Contractor shall prepare, in accordance with the format approved by the City, and maintain
a register of all Bulk Waste collection requests. The register shall indicate the date and time
on which the pick-up request was received, the name and address of the Resident Account
requesting the pick-up, the date of scheduled pick-up, and the schedule number assigned to
the pick-up. The register shall also include a confirmation of the the completion of each
Bulk Waste pick-up scheduled for that day. A copy of the Bulk Waste pick-up register shall
be faxed to the Director of the City's Sanitation Department, at the end of each business day.
In the event of a dispute between Contractor and a customer as to what constitutes Bulk
Waste, the situation will be reviewed and decided by the City Manager and his designee
whose decision will be final.
8.4 Equioment: Contractor shall have on hand at all times and in good working order such
equipment as shall permit the Contractor adequately and efficiently to perform its contractual
duties herein. Equipment shall be obtained from nationally known and recognized
manufacturers of garbage collection and disposal equipment. Collection vehicles shall be
designed to allow for efficient collection of Bulk Waste. The equipment shall be kept in
good repair, appearance and in a sanitary and clean condition at all times. All replacement
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 two
(2) hours of any breakdown. 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.
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9.0 DESCRIPTION OF WORK.: OPERATION OF THE CITY'S SOUD WASTE
MANAGEMENT FACILITY
9.1 Description of Work: The Contractor shall be responsible for operating the Solid Waste
Management Facility located at 2800 Meridian Avenue, adjacent to the Bayshore Golf
Course (the "Facility").
9.2 Facility Descriotion: Historically, the Facility has been used as a community trash and
recycling center for the disposal of Bulk Waste by local residents, landscapers and
contractors. The Facility has also been used by the City for the disposal of trash collected
by the City while performing routine maintenance of City facilities, parks, and right-of-way.
As a result of increased environmental agency regulation and the City's plans to renovate the
adjacent golf course, the Facility is in a state oftransition. The City is now in the process
of renovating and modernizing the facility with improved access, drainage and leachate
control systems, material sorting decks, equipment staging areas, and an improved landscape
buffer surrounding the Facility. The City is also in the process of obtaining a Materials
Recovery Facility Permit for the Facility from the Miami-Dade County Department of
Environmental Resource Management (DERM).
It is not the City's intent to increase the overall volume of material processed through the
Facility or the industrial nature of the Facility. Instead, the intent is to increase the quality
and timeliness ofthe services offered, and to lower the costs charged to residents by allowing
for more efficient use of space, cost savings realized by sorting of waste streams and
increased recycling.
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9.3 Hours of Operation: The Contractor shall be required to provide any and all necessary
manpower and equipment to receive, control, secure, collect dumping fees, and dispose of
all Acceptable Materials, as defined in Section 9.13, six (6) days per week, Monday through
Saturday, from the hours of 7:00 a.m. to 5:00 p.m.
The Contractor will post the days and hours of operation in a readily visible place at the
entrance of the Facility. The Facility shall be closed on New Years Day, July 4th, Labor
Day, Thanksgiving, and Christmas. The Contractor will post these closure dates all year, in
the same manner as set forth above.
Hours of operation shall not be otherwise extended or shortened without the prior written
consent of the City. After receipt of written consent from the City, the Contractor will be
responsible for notifying all residents via written notification at least two (2) weeks before
the revised hours of operation commence. Nothing herein shall be construed to authorize
hours contrary to the hours governing such operations.
9.4 The Facility shall be accessible to residents of the City of Miami Beach, City of Miami
Beach Employees, and landscapers and contractors performing work within the city limits
of the City of Miami Beach.
9.5 At least one (l) of the Contractor employees shall be on site at all times to oversee the day
to day operation of the Facility, to charge City residents, contractors and landscape firms,
and to prepare disposal tickets for City vehicles. This individual shall also direct traffic as
to where loads should be dropped.
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9.6 The Contractor shall receive all City deposits of Acceptable Material, as defined in Section
9.13, at the Facility. Duplicate receipts shall be maintained. One (1) copy will be signed by
City personnel and be retained by the Contractor for monthly billing to the City, and one (I)
copy will go to City personnel to reconcile monthly billings.
9.7 The Contractor may upon authorization from the City Commission, with proper regulatory
agency permits, produce mulch from Clean Yard Waste and make mulch available to the
City and Residents at no additional cost, as limited by the quantity of mulch produced at the
Facility. The Contractor shall identify and segregate Clean Yard Trash received at the
Facility. The Contractor shall be responsible for the removal and disposal of any excess
mulch from the Facility. The Contractor shall not be responsible for any damages or injury
to persons or property resulting from use of mulch obtained from the Facility by the City or
other individuals.
9.8 The Contractor shall not allow excess accumulation of waste materials at the Facility; shall
conduct a neat and orderly operation at all times; shall be solely responsible for the necessary
housekeeping services to properly maintain the Facility; and shall repair and maintain its
equipment in good operational condition.
No signs (other than the entrance sign described herein) or advertising shall be placed at or
in the Facility unless first approved, in writing, by the City Manager or his authorized
representatives. All signage shall comply with the City's established criteria, as set forth in
Ordinance No. 89-2665, as may be amended from time to time.
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9.9 The Contractor shall use its best efforts to assure that its operation of the Facility does
not reasonably interfere with the existing character of the surrounding residential area.
9.10 Prior to commencement of its operation of the Facility, the Contractor shall obtain any and
all necessary identification numbers, permits, licenses and other requirements necessary to
operate the Facility, and shall thereafter perform its obligations hereunder in compliance with
any and all applicable Federal, State, and local laws, rules and regulations.
9.11 Fee Schedule: The Contractor shall adhere to the following fee schedule:
Clean Yard Trash
Includes grass, palm
fronds, leaves, branches,
sluubs, vines, trees, tree
stumps, and other similar
vegetative, matter generated
by the maintenance of yards,
gardens and landscaping.
Char~es to the City:
$5.00 per cubic yard
Char~es to Residents:
Cars
Pickups and SUV s
Van or Trailer
FREE
FREE
$10.00 per cubic yard
Char~es to contractors
and landscape firms:
Pickups
Van or Trailer
$12.00 per cubic yard
$12.00 per cubic yard
Other
Includes construction and
demolition debris, household
furniture,household trash,
remodeling & home repair
trash, white goods and mixed
wastes.
$8.00 per cubic yard
FREE
FREE
$18.00 per cubic yard
$20.00 per cubic yard
$20.00 per cubic yard
9.12 Upon thirty (30) days prior written notice to the City, the fees set forth in Section 9.11 shall
be adjusted annually, on the anniversary date of the Agreement, according to increases or
decreases in the South East Consumer Price Index, up to five percent (5%).
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9.13 Acceptable Materials: "Acceptable Materials" shall include those items set forth under
Sections 5.3, 5.6, 5.12, 5.13, 5.26, 5.32, 5.33, and 5.34. Any waste containing biohazardous
waste, hazardous waste, industrial waste, infectious waste, or garbage shall not be deemed
Acceptable Material.
Contractor shall be responsible for disposing of all Acceptable Materials delivered to the
Facility. All disposal shall be in accordance with current City, County, State and Federal
laws and regulations.
9.14 Indemnification: Contractor shall indemnify, defend and save the City harmless from and
against any and all claims or causes of action (whether groundless or otherwise) by or on
behalf of any persons, firm regarding corporation, for personal injury or property damage,
or other occurring upon the Facility, or in connection with the Facility, occasioned in whole
or in part by any of the following:
a. an act of omission on the part of the Contractor or any employee, agent,
invitee, or guest, assignee or subcontractor of Contractor;
b. any misuse, neglect, or unlawful use of the Facility by the Contractor; and/or
c. any breach, violation, or nonperformance of any undertaking by the
Contractor under this Agreement.
Contractor agrees to pay and shall pay for all damage to the Facility caused by the Contractor
or any employee, guest or invitee of the Contractor.
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10. CONTRACTOR'S PERSONNEL.
10.1 Contractor's Officer( s): Contractor shall assign a qualified person or persons to be
in charge of the operations within the service area. Contractor shall give the names
of these persons to the City. Information regarding the person's experience and
qualifications shall also be furnished. Supervisory personnel must be available for
consultation with the City Manager or his designee within a reasonable, practicable
time after notification of a request for such consultation. The supervisor(s) shall
operate a vehicle which is radio equipped.
10.2 Customer Service ReDresentative: Contractor shall assign a qualified person or
persons to be a Custormer Service Representative.
The Custormer Service
Representative shall be responsible for ensuring the prompt and satisfactory
resolution of customer complaints and requests for information. The Custormer
Service Representative shall also be responsible for faxing the Bulk Waste Pick-up
and Customer Complaint Registers to the Director of the City's Sanitation
Department, as required by sections 8.2 and 15. I herein.
10.3 Conduct ofEmplovees: Contractor shall see to it that its employees serve the public
in a courteous, helpful and impartial manner. Contractor's collection employees will
be required to follow the regular walk for pedestrians while on private property. No
trespassing by employees will be permitted, nor crossing property of neighboring
premises unless residents or owners of both such properties shall have given
pennission in writing. Care shall be taken to prevent damage to property including
cans, carts, racks, trees, shrubs, flowers and other plants.
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lOA Emp10vee Uniform Rel!Ulations: Contractor's solid waste collection employees shall
wear a uniform or shirt bearing the company's name. Contractor shall furnish to
each employee an identifying badge, not less than two and one-half (2 y,") inches in
diameter, with numbers and letters at least one (1 ") inch high, uniform in type.
Employees shall be required to wear such badges while on duty. Lettering stitched
on or identifying patches permanently attached to uniform shirts and jackets will 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 current employee list to City within twenty-four (24) hours of
written notice from the City.
10.5 Compliance with State. Federal and Municinal Law: Contractor shall comply with
all applicable Federal, State, County and City laws, ordinances, rules and regulations
including but not limited to those relating to employment, protection of the
environment and safety, now or hereafter in effect.
10.6 Fair Labor Standards Act: Contractor is required and hereby agrees by execution of
this Agreement, 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.
10.7 Each vehicle operator shall, at all times, carry a valid driver's license for the type of
vehicle that is being driven.
10.8 Contractor shall provide operating and safety training for all personnel.
10.9 Contractor shall, wherever possible, employ its personnel from residents of the City.
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10.10 No person shall be denied employment by Contractor for reasons of race, sex,
national origin, creed, age, physical handicap, sexual orientation or religion.
11. CONTRACTOR'S OFFICE.
11.1 Contractor shall provide, at its expense, a suitable office located within or in close
proximity to Miami-Dade County, with adequate staff and telephone service, with
a telephone number dedicated solely for Miami Beach residents to handle and resolve
all incoming complaints and requests for information, between 8:00 A.M. and 5:00
P.M., Monday through Friday, of each week excluding holidays. Between the hours
of 5:00 P.M. and 8:00 A.M., Monday through Friday, and all day on Saturday and
Sunday, including holidays, the Contractor shall provide and maintain an answering
machine or service to receive all incoming calls and complaints. All calls received
by the answering machine or service shall be responded to the following working
day, in accordance with the provisions included in Section 15.
11.2 Notification to Customers: The Contractor shall notify all customers, in writing,
about complaint procedures, rates, regulations, and the days of collection and
procedures for special pick-ups, including white goods and bulk items.
12. PAYMENT AND BILLING.
12.1 Compensation: The City shall pay Contractor compensation for the performance of
this Agreement, the sum of fifteen dollars and thirty five cents ($15.35) per month,
per single family house, townhouse or duplex, and fourteen dollars and ninety cents
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($14,90) per month, per multi-family facilities of eight (8) or fewer permanent living
units, Compensation sums are based on the unit prices submitted in Contractor's
response to RFP No. 101-99/00 dated June 9, 2000, and are subject to any conditions
or deductions as provided herein. 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 ofthe
invoice submitted.
12.2 Billing 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. The adjustment made on the first 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 subject year. Any existing unit shall be
considered unoccupied whenever the City has temporarily terminated water service,
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
to the unit's occupant(s). Proof of demolition shall be demolition permits issued by
the Building Department. The Contract adjustments will be based on unit costs
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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,
123 Adiustments in Disoosal Costs: The parties acknowledge that the contract is based
on the current Miami-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 ofrefuse 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 may 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.
12.4 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 umeasonably 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
City of Miami Beach Commission for its consideration, Any of the aforesaid
changes or any other conditions which occur that substantially reduce Contractor's
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. ,
cost shall entitle the City to receive a unit rate decrease in proportion to the decrease
in Contractor's cost.
12.5 CONSUMER PRICE INDEX.
Beginning on the anniversary date of this Agreement and upon each anniversary
thereafter, the compensation paid from the City to the Contractor pursuant to the
Agreement shall be adjusted, upwards or downwards, as the case may be, by the
percent increase or decrease, since the date of the last annual adjustment, in the
Consumer Price Index for Consumers (all items), Southeast United States, as
published by the United States Department of Labor, Bureau of Labor Statistics,
which adjustment shall not exceed 5 percent (5%) per year.
13. CONTRACT PERFORMANCE.
13.1 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. If the Contractor fails to immediately restore
29
. .
performance to a satisfactory level, the City may, at its sole discretion, take such
steps as are deemed necessary to safeguard the health and well being of the residents.
The cost of any such actions shall be charged to the Contractor.
13.2 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.
13.3 The City Manager may appoint qualified persons to inspect Contractor's operation
and equipment at any reasonable time, and Contractor shall admit authorized
representatives ofthe City to make such inspections at any reasonable time and place.
13.4 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
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.
14. COOPERATION/COORDINATION.
14.1 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, as well as any City facilities controlled by the Contractor
pursuant to this Agreement.
14.2 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
30
speaking representative on duty authorized to receive orders and to act for Contractor
in the case of its absence.
15. COMPLAINTS AND COMPLAINT RESOLUTION.
15.1 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. 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 within a 24 hour period, except when a
complaint is received after 12:00 noon on the day preceding a holiday, or on a
Saturday or Sunday, in which case the complaint shall be resolved not later than the
next working day. A weekly listing of all the complaints filed and of their
disposition shall be faxed to the Director of the City's Sanitation Department, at the
end of each week. 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.
15.2 Complaint Resolution: The following events shall be considered Events of Default
for the purposes of Section 20 of the Agreement:
1) Complaints in any calendar month 10 excess of 0.25% of the
residential customers serviced per month.
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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 two (2) weeks of the City Commission approval of
this Agreement.
15.3 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 and/or facsimile to remove all such
refuse. Should Contractor fail to remove the refuse within 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 ofthe amount deducted shall
be given to Contractor. If it is determined that the disputed refuse did not conform
to the specifications of this Agreement, the Contractor shall be entitled to
reimbursement of the deduction.
16. 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.
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17. PERFORMANCE BOND.
17.1 Amount of Bond: Contractor shall, upon execution oftrus Agreement by both parties
and prior to the commencement of the services under the Agreement, furnish to the
City a Perfonnance Bond in the penal sum as stated below for the payment of which
Contractor shall bind itself for the faithful perfonnance of the tenns and conditions
of this Agreement:
Said perfonnance bond will be fifty percent (50%) of the Agreement amount, as
calculated in Contractor's response to RFP No. 101-99/00, dated June 9, 2000, and
as adjusted annually on the anniversary date of the Agreement.
17.2 Fonn of Bond: The fonn of the Perfonnance Bond shall be as set forth in RFP No.
101-99/00, dated June 9, 2000, and shall continue in full force and effect throughout
the tenn of this Agreement, and any extensions thereof.
17.3 Oualification of Surety: The Perfonnance 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 Miami-Dade County. The Surety Company shall hold
a current Certificate of Authority as acceptable surety on Federal Bonds, in
accordance with U.S. Department of Treasury Circular 570, in Current Revision.
The Perfonnance Bond will not be accepted unless it is within the limits set forth in
the Certificate of Authority from the Department of Treasury.
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18. INSURANCE AND INDEMNIFICATION.
18.1 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. 101-99/00, dated June 9, 2000.
19. DAMAGE TO OR DESTRUCTION OF EOUIPMENT.
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.
20. EVENTS OF DEFAULT BY CONTRACTOR
Each of the following events or conditions shall constitute an event of default by Contractor:
a) Any material failure by Contractor to perform or comply with the terms and
conditions of this Agreement, including the failure of Contractor to meet the
standards of performance as defined in Section 12 herein, and said failure
continues for thirty (30) days after Notice to Contractor demanding that such
failure be cured.
b) Filing by or against Contractor or the Performance Bond surety of a
bankruptcy, receivership, assignment for the benefit of creditors, liquidation,
34
dissolution, composition or reorganization petition, or other insolvency
proceeding.
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) Any 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 Section
15.2.
21. REMEDIES UPON DEF AUL T BY CONTR.-\CTOR
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 owing 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 performance.
35
22. TERMINATION FOR CONVENIENCE BY THE CITY
22.1 THE CITY COMMISSION OF THE CITY, IN ADDITION TO THE RIGHTS AND
OPTIONS TO TERMINATE SET FORTH IN SECTIONS 20 AND 21, OR IN ANY
OTHER PROVISIONS SET FORTH IN THIS AGREEMENT, RETAINS THE
RIGHT TO TERMINATE THIS AGREEMENT AT ITS SOLE OPTION AT ANY
TIME FOR CONVENIENCE DURING THE PERIOD WHICH FOLLOWS THE
DATE OF COMMENCEMENT OF WORK HEREUNDER, AND CONTINUING
FOR THE TERM OF THIS AGREEMENT, WITHOUT CAUSE AND WITHOUT
PENALTY, WHEN IN ITS SOLE DISCRETION IT DEEMS SUCH
TERMINATION IS IN THE BEST INTEREST OF THE CITY.
22.2 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.
23. VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is
necessary by either party with respect to the enforcement of any and all the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
36
. .
24. LIMIT A TION OF LIABILITY.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's maximum 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 one hundred thousand ($100,000.00) dollars. Contractor hereby expresses
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
one hundred thousand ($100,000.00) dollars. Accordingly, and notwithstanding 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 one hundred thousand
($100,000.00) dollars pursuant to this Agreement, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon
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 Statutes, Section 768.28.
25. REPRESENT A TION AND WARRANTIES OF CONTRACTOR
Contractor warrants and represents to the City that:
a) It has all requisite power, authority, licenses, permits, and franchises,
corporate or otherwise, to execute and deliver this Agreement and perform
its obligations hereunder.
37
. .
b) Its execution, delivery, and performance of this Agreement have been duly
authorized by, or is in accordance with, its organic instruments, this
Agreement has been duly executed and delivered for it by the signatories so
authorized, and it constitutes its legal, valid and binding obligations.
c) Its execution, delivery, and performance ofthis Agreement will not result in
a breach of violation of, or constitute a default under, any agreement, lease
or instrument to which it is a party or by which it or its properties may be
bound or affected.
d) It has not received 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 materially adversely affect its ability to perform 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 under the Agreement.
26. APPLICABLE LAW.
This Agreement and the construction and enforceability thereof shall be interpreted under
the laws of the State of Florida.
38
. .
27. COMPLIANCE WITH LAW AND STANDARD PRACTICES.
Contractor shall perform its obligations hereunder in compliance with any and all applicable
Federal, State, and Local laws, rules, and regulations, 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 licenses, permits,
consents, and authorizations as may be required to perform its obligations hereunder prior
to the commencement of the services contemplated by this Agreement.
28. TAXES. LIENS AND FEES.
At all times during the existence ofthis 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
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.
39
29. NOTICES AND CHANGES OF ADDRESSES.
All "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 City:
CITY OF MIAMI BEACH, CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MATTHEW SCHWARTZ, ASSISTANT CITY MANAGER
WITH A COpy TO:
CITY OF MIAMI BEACH, CITY ATTORNEY'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MURRAY H. DUBBIN, CITY ATTORNEY
To Contractor:
BFI WASTE SYSTEMS OF NORTH AMERICA, INC.
3840 N.W. 37TH COURT
MIAMI, FLORIDA 33142
ATTENTION: JIM SAGE
WITH A COpy TO:
WEISS, SEROTA, HELFMAN, PASTORIZA & GUEDES, PA
2665 SOUTH BA YSHORE DRIVE, SUITE 420
MIAMI, FLORIDA 33133
ATTENTION: NINA BONISKE, ESQUIRE
or such other addresses as either party 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.
40
.
30. NO WANER.
The failure of Contractor 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
party'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.
31. SEVERABILITY.
In the event that any clause or provision of this Agreement or any part thereof shall be
declared invalid, void or unenforceable by any court having jurisdiction, such invalidity shall
not affect the validity or enforceability of the remaining portions of this Agreement.
32. ASSIGNMENT.
The selection of Contractor as the service provider under this Agreement is based upon its
experience, capability and 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 written consent of the City.
33. COMPLETE AGREEMENT.
This Agreement, when executed, together with all Exhibits attached hereto as provided for
by this Agreement, shall constitute the entire Agreement between both parties and this
Agreement may not be amended, modified or terminated except by writing signed by the
parties hereto.
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, .
34. RFP AND AGREEMENT INCORPORATED BY REFERENCE.
RFP No. 101-99/00, dated June 9, 2000, together with all amendments 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 of priority
in case of conflict between the documents shall be as follows:
(1) This Agreement
(2) RFP No. 101-99/00, together with all amendments thereto.
(3) Contractor's proposal in response to RFP No. 101-99/00.
35. 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.
36. INDEPENDENT P ARTTES.
Nothing contained in this Agreement shall be deemed or construed for any purpose to
establish, between City and Contractor, a partnership or venture, a principal agent
relationship, or any relationship other than property owner and independent contractor.
37. TIME OF THE ESSENCE.
Time is of the essence with respect to each and every term and condition of this Agreement.
42
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:
ATTEST:
. 'Yh n.,. - .
,~x-.n<.-~~ .9'''1_ (J ,~.z..-...._
/J?a-"....c.~'-_ /;,'c:]" /c~su.c,-
BFl WASTE SYSTEMS OF NORTH
AMERICA, INC.
~
~"-~-%~
/ v .
ATTEST:
STATE OF FLORIDA
)
)
)
~A
Neisen O. Kasdin, Mayor
f~f'ROVED I/}$ TO
FOR,\;. {1 L<\NGU..\GE
& FOR EXECUTfON
EACH
~7j.ut fClA~
City Clerk
SS:
COUNTY OF MIAMI-DADE
/!dLiPI!~ ~
tJ-2.-7-rw
D,-:;-:-:.
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and
County aforesaid to take aclmowledgements, personnally appeared J 11m!!!"'; so.&fe ,
and he/she executed the foregoing document, freely and voluntarily. Said person is --,2I'jpersonally
lmown to me, or _ has produced (specify type of identification)
and who ~ did, or _ did not, take an oath.
Witness my hand and official seal in the County and State last foresaid this r.,:6.- day of
_(')(' .mOll , 2000.
IUA'4<'O(.:\WOR"-.$.<U.'JAQ\Jt'BJl.L"<:1t9F\IG...IWlXIU-BI1)
Print of Stamp Name: iJ.,h;18 f~J.aA_
NotaryPublic, State of Florida at Large '. '. .', :. .... ':<::'';;0
ComnllsslOn No.: ... ..".,.... '""TIm <<po 510c"',JC
.... ," ,","(}
My Commission Expires:;'z:.~.~i sC'~I~ ~~::~91"
"-- .../ ~'r::""", .~"- .. -._. ""
/,......... . IK...~1ll I ~ I..i",... .......
43
r- ..
xxx 1.
XXX 2.
xxx 3.
XXX 5.
xxx 7.
xxx 8.
xxx 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
Commercial General Liability (occurrence fonn), limits ofliability $1,000,000.00 per
occurrence for bodily injury property damage to include Premises/ Operations;
Products and Completed Operations; Independent Contractors; Broad F onn Property
Damage Endorsement and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
Automobile Liability - $1,000,000.00 each occurrence -ownedlnon-owned!hired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverage.
The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
Protection and Indemnity
_ Employee Dishonesty Bond
Other-Professional Liability
$
$
$
$
$
$1,000,000
Thirty (30) days written cancellation notice required.
A rating ofB+:VI or better in Best's Key Rating Guide, latest edition.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5~ days after bid opening. .' '/7 ~
8Pt:: "'1+$"'- S1STl!rYl,," 'Or ;r!P,(.f">..>'1,-/lo1.j'-4 J;,.A-. ~.~
Bidder 'SignatUre 0 elder'
RFP NO.:
DATE:
101-99/00
June 9, 2000
CITY OF MIAMI BEACH
37