RESOLUTION 93-20708 •
M
RESOLUTION NO. 93-20708
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
INDUSTRIAL WASTE SERVICE INC. , FOR
RESIDENTIAL SOLID WASTE COLLECTION
AND YARD TRASH COLLECTION IN THE
CITY.
WHEREAS, the City provides residential solid waste collection
and yard trash collection for single family homes and certain
apartment units of eight dwellings or less; and
WHEREAS, I .W. S. employs the manpower and controls sufficient
equipment resources to provide residential solid waste collection
and yard trash collection service; and
WHEREAS, I .W. S. has made a complete assessment of the services
required by Bid No. 14-92/97 , and will acquire, install, operate,
manage and maintain City services as described in said Agreement
attached hereto; and
WHEREAS, I .W. S. has submitted a letter dated December 10, 1992
outlining conditions of the Award of Bid No. 14-92/97, said letter
being incorporated in the Agreement as Exhibit A; and
WHEREAS, the City desires to retain I .W. S. to provide
services, as more fully set forth in the Agreement, subject to all
the terms and conditions of said Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute the attached Service Agreement between
the City of Miami Beach and Industrial Waste Service, Inc. for
Residential Solid Waste Collection and Yard Trash Collection in the
City.
PASSED and ADOPTED this 27th day f Janua , 199 .
jp
ATTEST: �
•
dA114141•2.
CITY CLERK
RMC: EC: lcd FORM APPROVED
Attachment
LEGAL aPT.
OA, ie
Orbe
r r
: CITY OF MIAMI REACH
1
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5ec,-613
TO: Mayor Seymour Gelber and DATE: January 27 , 1993
Members of the City Commission
/ /7 ,
FROM: Roger M. Canto
i Mana er ) 4
Cty g d
SUBJECT: UPDATE ON THE SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND INDUSTRIAL WASTE SERVICE, INC. , (I.W.S. ) FOR
CITY OF MIAMI BEACH RESIDENTIAL SOLID WASTE COLLECTION
AND YARD TRASH COLLECTION
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission approve the attached
Resolution authorizing the Mayor and the City Clerk to execute the
attached Service Agreement for Residential Solid Waste Collection
and Disposal, and Yard Trash Collection between the City of 'Miami
Beach and I.W.S.
BACKGROUND:
At the January 20, 1993 Commission Meeting, Agenda Item R-7-B was
deferred due to an insufficient amount of time for the Mayor and
Members of the City Commission to review the above-captioned
subject Agreement.
The Agreement was reviewed again and several areas have been
further clarified wherein the City Administration has addressed the
concerns voiced at the past City Commission Meetings regarding this
Agreement.
The following are the major concerns that were addressed in this
Agreement: background information on I.W. S. employees; complaint
and default language that is clear and concise in determining
failure to adhere to the Agreement that provides for termination in
the event it is required; and, limitation of liability exposure to
the City. These are just a few of the areas covered within this
Agreement.
RMC:EC: lcd
Attachments
I
AGENDA
I TEM
DATE -"
lAriii111"
c � EITY OF MIAMI REAOH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
Li 3
TO: Mayor Seymour Gelber and DATE: January 20 , 1993
Members of the City Commission
i
FROM: Roger M. C4r1t ' (/(1/
City Manageer_,
BID AWARD NO. 14-92/97; RESIDENTIAL SOLID WASTE
SUBJECT: COLLECTION AND DISPOSAL, AND YARD TRASH COLLECTION
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission authorize entering into
a contract with INDUSTRIAL WASTE SERVICE, INC. for Residential
Solid Waste Collection and Disposal, and Yard Trash Collection.
BID AMOUNT AND FUNDING: Funds are available from Budget
$1, 146, 490 Account Number 435. 0430. 000312 .
(Price may vary slightly
based on number of units
serviced)
BACKGROUND:
At the December 2 , 1992 Commission Meeting, the proposal to award
the bid for residential solid waste collection and disposal to the
lowest bidder was brought to the City Commission. Various concerns
were raised by the Commission and Miami Beachsidents. Therefore,
the item was deferred and the Commission directed that a
workshop/public hearing be held on December 9th. At that public
hearing, the Administration was directed to engage in discussions
with the contractor to address the various concerns raised. The
City Manager requested from Industrial Waste Service a letter
addressing these concerns (attached) . A second public hearing was
held during the December 16th Commission Meeting.
The bid was awarded at the December 16th Commission Meeting, and
the Administration was directed to incorporate in the contract the
items contained in the Industrial Waste Service letter. The
contract negotiations were not yet completed on the January 6,
1993 ; therefore, the item was deferred to the January 20th meeting.
These negotiations have now been completed.
The contract is for four (4) years beginning January 20, 1.993 and
terminating December 31, 1997 . An option to renew for two
additional two (2) year terms is provided for in the contract. The
service provided by the contractor will be at the same level as
currently provided by the City, with the addition of a quarterly
bulk trash pick up at no charge to the customers. Further, if
customers wish to request additional bulk pick-up they may request
this service from I .W.S. and be billed. This option is not
currently available from the City.
ti
AGENDA
ITEM R-3 —
Q
3
DATE 27-
1
T 12
BID AWARD NO. 14-92/97; RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL, AND YARD TRASH COLLECTION
PAGE 2 .
ANALYSIS:
BIDDERS:
ITEMS: INDUSTRIAL WASTE SERVICES WASTE
MANAGEMENT
Curbside Pickup: $12 . 35/Month per residence $14 . 84/Month
Backyard Pickup: $13 . 97/Month per residence $16. 44/Month
Further, Q .W.S. will acquire the existing City fleet (less two
garbage trucks and two cranes) for the following prices which will
be paid immediately to allow acquisition of litter control
equipment:
Purchase Price of
City Surplus
Garbage Trucks: Year Price
Veh. # 0301-5 1985 $ 15, 000. 00
Veh. # 0302-5 1985 $ 15, 000. 00
Veh. # 0332-4 1984 $ 15, 000. 00
Veh. # 0336-4 1984 $ 15, 000. 00
Veh. # 0339-4 1984 $ 15, 000. 00
Veh. # 0340-4 1984 $ 15, 000. 00
Veh. # 0347-0 1990 $ 55, 000. 00
Veh. # 0348-0 1990 $ 55, 000. 00
TOTAL PURCHASE PRICE: $200, 000. 00
Note: The City of Miami Beach may repurchase the two newest
vehicles during the first year of the contract for 80 percent of
the sales price.
CONCLUSION:
Discussions between the Administration and the contractor have
resulted in a contract agreement which addresses the concerns
raised by the Commission and citizens. The contract contains clear
and substantial language relative to performance standards and the
ability of the City of Miami Beach to terminate for cause.
Therefore, it is recommended that the Residential Solid Waste
Collection and Disposal, and Yard Trash Collection contract be
entered into with INDUSTRIAL WASTE SERVICE, INC. in order to
provide the cost reductions necessary to fund the Clean City and
Litter Control Program.
RMC:EC: fjr
3
1 j;- 11:oL 15: 5t5 'Cr.)UpOJJvi,)*) - - -
c .
• r
1NDUTRIAL WASTE SERVICE, IN
Iws3840 N.W. 37th Court • Miami. Florida 33142
Dade: (305) 638-3800 • Broward: (305) 463-1085
eldr1 clikezeri etatraw
December 10, 1992
Mr. Dick Gatti
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Gatti:
This letter is to confirm the following areas of commitment from
Industrial Waste Service, Inc. (I .W.S. )
1. I.W.S. Will effect a pre-start route familiarization
program in conjunction with Miami Beach to help our route
drivers become aware of and familiar with the collection
points currently being provided.
2 . All I .W.S. employees will be properly uniformed and have
proper identification.
3 . I.W. S. subscribes to the "drug free" workplace programs .
This is also part of our pre-employment requirement.
4. I .W. S . will work with the City of Miami Beach to effect
a comprehensive "citizen" notification program.
5 . I.W. S. will negotiate a fair and reasonable agreement for
a deferred purchase of the city' s equipment by I.W. S .
6. Employees assigned to the City of Miami Beach will be
regular, qualified I.W.S . employees subject to all
established I.W.S . rules and regulations .
7 . If contractor fails to correct any default with in a
prescribed period of time (to be outlined in
the contract) the City of Miami Beach shall
provide written notice to contractor and may
cancel agreement within 30 days.
a t J
8 . City of Miami Beach has the authority to
exclude any employee of IWS from working
the Cit o f Miami Beach under
Y contract upon
providing IWS with appropriate p
pp priate documentation
to justify this exclusion.
9 . It is acknowledged that following the award of
the bid
scheduled for December 16 , 1992 IWS
and the City of Miami Beach will negotiate g iate a
reasonable and fair contract which will
include the aforementioned criteria.
Sincerely,
..wwr 4:7 agt,
Tony Spadaccia
Vice President
sales & Marketing
TS:sm
(' 1
Q r
SERVICE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
INDUSTRIAL WASTE SERVICE, INC.
FOR
CITY OF MIAMI BEACH RESIDENTIAL SOLID WASTE COLLECTION
AND YARD TRASH COLLECTION
t , '
r
1
TABLE OF CONTENTS
PAGE NO.
1. RECITALS 2
2 . LIAISON BETWEEN CITY AND I.W.S. 2
3. COMMENCEMENT OF WORK 2
4. TERMS 2
4. 1 2
4 .2 2
4 .3 2
4.4 3
4 .5 EXCLUSIVE RIGHTS 3
5. DEFINITION OF TERMS 4
5. 1 AUTHORIZED REPRESENTATIVE 4
5.2 BIOHAZARDOUS WASTE 4
5.3 BULK TRASH 4
5.4 CITY 5
5.5 CITY MANAGER 5
5. 6 CONSTRUCTION AND DEMOLITION DEBRIS 5
5.7 I.W.S. OR CONTRACTOR 5
5.8 DISPOSAL COSTS 5
5.9 GARBAGE 5
5. 10 GARBAGE CAN OR CONTAINER 6
5. 11 HAZARDOUS WASTE 6
5. 12 LANDFILL 6
5. 13 MULTIPLE DWELLING UNITS 6
5. 14 PERFORMANCE BOND 6
5.15 PROHIBITED WASTE 7
5. 16 RECYCLABLE MATERIALS 7
5. 17 RECYCLING 7
5. 18 RESIDENTIAL CUSTOMER 7
5. 19 SINGLE FAMILY RESIDENCE 7
5.20 SOLID WASTE 7
5.21 SOLID WASTE DISPOSAL FACILITY 7
5.22 SPECIAL WASTE 7
5.23 SPECIFICATIONS 8
5.24 TOWNHOUSES 8
I
r
i
i
TABLE OF CONTENTS
PAGE NO.
5.25 WHITE GOODS 8
5.26 YARD TRASH 8
6. SPECIAL CONDITIONS 8
6. 1 PRE-START ROUTE FAMILIARIZATION 8
6.2 COMPREHENSIVE NOTIFICATION 9
6.3 VIOLATION PICK-UPS AND DISPOSAL 9
6.4 RECYCLING CONSIDERATIONS 9
6.5 QUARTERLY BULK PICK-UP 10
6. 6 SPECIAL PICK-UP 10
7. DESCRIPTION OF WORK - SOLID WASTE PROGRAM 11
7. 1 11
7.2 11
7.3 PROTECTION OF ADJACENT PROPERTY & UTILITIES 11
7.4 SPILLAGE 11
7.5 RESIDENTIAL COLLECTION SERVICE 12
7. 6 FREQUENCY OF COLLECTION 12
7.7 HOURS OF COLLECTION 12
7.8 POINT OF PICK-UP OF RESIDENTIAL GARBAGE 12
7.9 METHOD OF COLLECTION OF RESIDENTIAL GARBAGE 13
7. 10 SCHEDULES AND ROUTES 13
7. 11 SEVERE WEATHER 14
7 . 12 FORCE MAJEURE 15
7. 13 COLLECTION EQUIPMENT 15
7. 14 REFUSE QUANTITIES 16
7. 15 DISPOSAL AT A SOLID WASTE DISPOSAL FACILITY 16
8. DESCRIPTION OF WORK: YARD TRASH PROGRAM 16
8. 1 16
8.2 POINT OF PICK-UP OF YARD TRASH 16
8.3 FREQUENCY OF YARD TRASH 16
8.4 17
9. I.W.S. 'S PERSONNEL 17
9. 1 I.W.S. 'S OFFICER(S) 17
9 .2 CONDUCT OF EMPLOYEES 17
II
s e
r
i
TABLE OF CONTENTS
PAGE NO.
9.3 EMPLOYEE UNIFORM REGULATIONS 17
9.4 COMPLIANCE WITH LAWS 18
9.5 FAIR LABOR STANDARDS ACT 18
9. 6 OTHER EMPLOYEE BENEFITS 18
9.7 18
9.8 18
9.9 19
9. 10 19
9.11 19
9. 12 19
9. 13 19
9 . 14 19
10. I.W.S. 'S OFFICE 19
10. 1 19
11. PAYMENT AND BILLING 20
11. 1 COMPENSATION 20
11.2 BILLING ADJUSTMENT PROCEDURES 20
11.3 ADJUSTMENTS IN DISPOSAL COSTS 21
11.4 UNUSUAL CHANGES OR COSTS 23
11.5 CONSUMER PRICE INDEX 23
12 . CONTRACT PERFORMANCE 24
12 . 1 24
12 .2 24
12 .3 24
12 .4 24
13. COOPERATION/COORDINATION 25
13. 1 25
13.2 25
14. COMPLAINTS AND COMPLAINT RESOLUTION 25
14. 1 OFFICE 25
14.2 COMPLAINTS 25
14.3 COMPLAINT RESOLUTION 26
14.4 DISPUTES ABOUT COLLECTION OF CERTAIN ITEMS 26
15. SUBCONTRACTORS 26
III
}
L
. 1
1
TABLE OF CONTENTS
PAGE NO.
16. PERFORMANCE BOND 27
16. 1 AMOUNT OF BOND 27
16.2 FORM OF BOND 27
16. 3 QUALIFICATION OF SURETY 27
17. INSURANCE AND INDEMNIFICATION 27
17. 1 27
18. DAMAGE TO OR DESTRUCTION OF EQUIPMENT 28
19. EVENTS OF DEFAULT BY I.W.S. 28
20. REMEDIES UPON DEFAULT BY I.W.S. 28
21. ARBITRATION 29
22 . LIMITATION OF LIABILITY 29
23. REPRESENTATIONS AND WARRANTIES OF I.W.S. 30
24 . APPLICABLE LAW 31
25. COMPLIANCE WITH LAW AND STANDARD PRACTICES 31
26. TAXES, LIENS AND FEES 31
27 . EARLY TERMINATION 32
28. NOTICES AND CHANGES OF ADDRESSES 32
29. NO WAIVER 33
30. SEVERABILITY 33
31. ASSIGNMENT 33
32 . COMPLETE AGREEMENT 33
33. BID AND AGREEMENT INCORPORATED BY REFERENCE 33
34. FURTHER DOCUMENTS 34
35. INDEPENDENT PARTIES 34
36. TIME OF THE ESSENCE 34
ATTACHMENTS
EXHIBIT A I.W.S. LETTER DATED DECEMBER 10, 1992
EXHIBIT B LISTING OF CITY ACCOUNTS AS OF FEBRUARY 1, 1993
EXHIBIT C LISTING OF EQUIPMENT
EXHIBIT D DRUG FREE WORKPLACE PROGRAM
EXHIBIT E COMPLAINT REGISTER FORMAT
Iv
•
• ,
► r
SERVICE AGREEMENT FOR
THE CITY OF MIAMI BEACH
FOR RESIDENTIAL SOLID WASTE COLLECTION AND YARD TRASH COLLECTION
IN THE CITY OF MIAMI BEACH
This Residential Solid Waste Collection and Yard Trash Collection
Agreement, hereinafter referred to as "The Agreement" , is made and
entered into as of this 1st day of February , 1993 by and
between Industrial Waste Service, Inc. , hereinafter referred to as
"I .W. S. " , or the "Contractor" and the City of Miami Beach, Florida,
hereinafter referred to as "The City" , for the purpose of solid waste
collection and yard trash collection within City of Miami Beach city
limits, hereinafter referred to as the "Collection Area" , and other
such services from the "Collection Area" as required by the City of
Miami Beach as more particularly set forth herein.
RECITALS:
WHEREAS, the City has provided residential solid waste
collection and yard trash collection for single family homes and
certain apartment units of eight dwellings or less; and
WHEREAS, I .W. S. employs the manpower and controls
sufficient equipment resources to provide residential solid
waste collection and yard trash collection service; and
WHEREAS, I .W. S. has made a complete assessment of the
services required by Bid No. 14-92/97, and will acquire,
install, operate, manage and maintain City services as described
in Exhibits A and B attached hereto; and
WHEREAS, I .W. S. has submitted a letter dated December 10,
1992 outlining conditions of the Award of Bid No. 14-92/97 , said
letter being incorporated herein as (Exhibit A) ; and
WHEREAS, the City desires to retain I.W. S. to provide
services, as more fully set forth herein, subject to all the
terms and conditions of this Agreement; and
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which is mutually acknowledged, it
is agreed that:
1
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 I.W.S.
All dealings, contracts, notices and payments between I .W. S. and
the City shall be directed by I .W. S. 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 February 1, 1993 .
4. TERMS
4 . 1 The term of the Contract shall be for four (4) years (the
"Initial Term") beginning February 1, 1993 and terminating
January 31, 1997 .
4 . 2 This Contract shall be automatically renewed for two (2)
additional two (2) consecutive year terms unless either
party shall give written notice to the other of non-renewal
no less than sixty (60) days prior to the end of the
initial four (4) year term, and prior to the end of the
first two (2) year additional term.
4 . 3 I.W. S. agrees to consider for employment any current City
Sanitation worker currently servicing residential customers
who formally submits a letter of interest within thirty
(30) days of approval of this Agreement by the City
Commission in being hired by I .W. S. I.W. S. must make
provisions to give the City' s existing employees the first
opportunity for employment.
a. I .W. S. ' s employees shall not claim any City right or
benefits as a condition of their employment in the
performance of this Contract.
b. The City hereby represents to I.W.S. that City
employees involved in Sanitation service and
maintenance activities will terminate their existing
City benefits by their termination prior to their
2
employment by I .W. S. , and I .W. S. will have no
liability of obligation of any kind for any such City
benefit plan. The City will assist I .W. S. in
obtaining a release from any current or prior employee
who elects to become an employee of I.W. S.
4 . 4 As part of the Agreement, I.W. S. shall purchase and the
City shall sell, free and clear of all liens and
encumbrances, City garbage trucks as follows ("City
Trucks") :
City Truck No. ; # 0301-5, Purchase Price = $15, 000. 00
# 0302-5, Purchase Price = $15, 000. 00
# 0332-4 , Purchase Price = $15, 000. 00
# 0336-4 , Purchase Price = $15, 000. 00
# 0339-4 , Purchase Price = $15, 000. 00
# 0340-4 , Purchase Price = $15, 000. 00
# 0347-0, Purchase Price = $55, 000. 00
# 0348-0, Purchase Price = $55, 000. 00
In the event of termination of this Agreement during the
first year of the Initial Term, the City shall have the
option of repurchasing both vehicles #0347-0 and #0348-0
for eighty percent (80%) of $55, 000. 00 per truck or
$88 , 000. 00, less the value of any damage beyond ordinary
wear and tear.
4 . 5 Exclusive Rights: The City hereby grants the Contractor the
exclusive right during the Initial Term of this Contract
and any Renewal Terms thereof to collect solid waste and
yard trash generated within the City from residential
customers. The City warrants that it has the authority to
grant such an exclusive right pursuant to Chapter 166 of
the Florida Statutes and other relevant laws; provided,
however, that Contractor acknowledges that pursuant to
Section 14A-3 of City Code owners or operators of
townhouses and multiple dwelling units of eight (8) units
or less have the right to elect to use a franchise waste
contractor, and accordingly, the existing base currently
3
,
serviced by the City is subject to decrease. To mitigate
any such decrease, the City agrees to pass an ordinance
removing such right of election effective February 13,
1993 . The City further covenants that during the Initial
Term of this Contract or any renewals thereof it will not
engage other individuals or itself or permit other
individuals or itself to become involved in the activity of
collecting or disposing of solid waste or yard trash or any
other similar activity that would impair the exclusive
right of the Contractor.
5. DEFINITION OF TERMS
5. 1 Authorized Representative: Shall mean the employee or
employees designated in writing by the City Manager to
represent the City in the administration and supervision of
this Contract.
5. 2 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 parts; laboratory and veterinary waste
which contain human-disease-causing agents; used disposable
sharps, human blood, and human blood products any body
fluids; and other materials which represent a significant
risk of infection to persons outside of the generating
facility.
5. 3 Bulk Trash: Bulk Trash shall include large cuttings of
vegetative and wood matter which are part of normal yard
maintenance which cannot be cut for placement in a
container, bag, or bundle due to the material exceeding the
weight and size restrictions for regular yard trash. Bulk
trash shall be of a type as to be readily handled by the
mechanical equipment of the Contractor and bulk trash shall
not exceed six (6) feet in length and ten (10) inches in
diameter per item. Bulk trash does not include any form or
matter or debris resulting from tree removal, land
clearing, land development, building demolition, home
4
improvement, or other construction and demolition debris.
Home improvements as defined herein would include but not
be limited to carpeting, cabinets, dry wall, lumber,
paneling, and other such construction related materials.
Carpeting will be picked up by the Contractor if cut to
lengths of six (6) feet or less and bundled. Bulk trash
shall include white goods and furniture. Bulk trash does
not include automobiles and automotive components, boats
and internal combustion engines.
5. 4 City: The City of Miami Beach, Florida.
5. 5 City Manager: The City Manager of the City of Miami Beach,
Florida, or a designee appointed by the City Manager.
5. 6 Construction and Demolition Debris: Shall mean 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 I.W.S. or Contractor: The person, firm, corporation,
holding company, organization or agency holding a City of
Miami Beach Franchise Agreement with whom the Owner has
executed a contract for performance of the work or supply
of equipment or materials or his duly authorized
representative. All successors to Contractor are included
in this definition.
5 . 8 Disposal Costs: Shall mean the "tipping fees" charged to
I .W. S. by others for disposal at a solid waste disposal
facility of the garbage and trash collected by I.W. S.
5.9 Garbage: Every refuse accumulation of animal, fruit,
vegetable, or organic matter that attends the preparation,
use, cooking and dealing in, or storage of, meats, fish,
5
• f
fowl, fruit or vegetables, and decay, putrefaction and the
generation of noxious or offensive 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 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 (3 0) 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: Shall mean any materials defined as
hazardous waste or hazardous materials under any applicable
laws, rules and regulations.
5. 12 Landfill: Shall mean any solid waste land disposal area
for which a permit, other than a general permit, is
required by S. 403 . 707, Florida Statutes, regardless of
location, that receives solid waste for disposal in or upon
land other than a land-spreading site, injection well, or
a surface impoundment.
5. 13 Multiple Dwelling Units: Shall mean any building
containing two (2) but not more than eight (8) permanent
living units, not including motels and hotels, currently
being serviced by the City as shown on Exhibit "B" , as
adjusted to February 13 , 1993 . 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. Multiple Dwelling
Units shall include Townhouses, currently being serviced by
the City as shown in Exhibit "B" , as adjusted to February
13 , 1993 .
5. 14 Performance Bond: The Performance Bond shall mean the form
of security set forth in Bid No. 14-92/97 and shall be in
the amount of Two hundred eighty two thousand eight hundred
6
r
ninety two ($282 , 892) dollars, as adjusted annually in
accordance with Section 16 hereof.
5. 15 Prohibited Waste: Shall mean any hazardous waste,
biohazardous waste, or special waste as those terms are
defined herein or under any Local, State or Federal laws or
regulations.
5. 16 Recyclable Materials: Shall mean those materials which are
capable of being recycled and which would otherwise be
processed or disposed of as solid waste.
5. 17 Recycling: Shall mean 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. 18 Residential Customer: Shall herein refer to those multiple
dwelling units and single family residences being provided
collection service hereunder, located within the collection
areas which are currently being served by the City as shown
in Exhibit "B" as adjusted to February 13 , 1993 .
5. 19 Single Family Residence: A detached building designed
for or occupied exclusively by one family.
5. 20 Solid Waste: Includes garbage, yard trash, bulky waste,
white goods or other discarded material resulting from
normal housekeeping activities, but shall not include
Prohibited Waste, notwithstanding anything to the contrary
herein.
5. 21 Solid Waste Disposal Facility: Shall mean any permitted or
licensed solid waste management facility which is the final
resting place for solid waste, including but not limited
to, landfills, transfer stations and incineration
facilities that produce ash from the process of
incinerating municipal solid waste.
5. 22 Special Waste: Shall mean solid wastes that can require
special handling and management, including, but not limited
to, asbestos, whole tires, used tires, used oil, lead-acid
batteries, and biological wastes.
7
5. 23 Specifications: Directions, provisions and requirements
contained in the Invitation to Bid, Instructions to
Bidders, Special Provisions, General Conditions, Technical
Specifications (if any) , Supplementary Conditions (if any) ,
Bid Form, Bonds (if any) , together with any written
contract made or to be made setting out or relating to the
methods and manner for the work to be carried out. This
Agreement should be the controlling document in any
conflict with the other listed documents.
5. 24 Townhouse: A single family dwelling unit attached to a
grouping of same on one building site with each having
separate ingress and egress facilities.
5. 25 White Goods: Includes inoperative and discarded
refrigerators, ranges, water heaters, freezers, small air
conditioning units, and other similar large appliances.
5. 26 Yard Trash: Shall mean vegetative matter resulting from
normal yard and landscaping maintenance and shall include
materials such as tree and shrub trimmings, grass
clippings, palm fronds or small tree branches which shall
not exceed four (4) feet in length and four (4) inches in
diameter. Such trash shall be bundled or placed in garbage
cans or containers. No bundle or filled container shall
exceed fifty (5 0) pounds in weight.
6. SPECIAL CONDITIONS:
6. 1 Pre-Start Route Familiarization
I .W. S. 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 not less than
two (2) weeks of "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 they are completely prepared to assume
collection, no later than January 29 , 1993 . If in the
City' s opinion the Contractor is not prepared, the
8
•
.
G
Contractor shall be responsible for costs of City crews
required to provide supplemental familiarization services.
6. 2 Comprehensive Notification
I .W. S. shall provide comprehensive notification to all
residential customers being provided service hereunder,
including notice of start, description of services and any
time a route changes. Said notification program to be
approved by the City at least two (2) weeks prior to
commencement of work.
6. 3 Violation Pickups and Disposal
The City issues violations to property owners for various
reasons, and may have other needs for special pick-ups. As
part of this Contract, I .W. S. shall provide violation
related pickup services as required under the following
criteria;
a. The pickup shall occur 24 hours or less from
notification by City to Contractor that such violation
exists.
b. I.W. S. shall be compensated $20. 00 per cubic yard for
collection and disposal of violation related pickup
services. The minimum charge for said services shall
be $50. 00 per each occurrence. The City will be
responsible for cost of this pickup and payment to the
Contractor and will bill property owner for same.
c. The City Manager or his designee shall in his/her sole
discretion as part of the violations, determine the
cubic yardage for collection.
From time to time the City may need to have Contractor pick
up solid waste for reasons other than violations.
Contractor shall pick up and dispose of such solid waste
within twenty-four (24) hours of notice from City and City
shall compensate Contractor as set forth above.
6. 4 Recycling Considerations
The City is committed to support the recycling of usable
materials to save our natural resources and reduce the
9
s •
•
s
demand for landfill disposal. It is the intent of the City
to pursue opportunities and support recycling both in the
public and private sector. It is agreed and understood by
both the City and I .W. S. that as part of this Agreement,
all recycling and related laws shall be adhered to and that
every effort shall be made to encourage recycling and
reduce materials going to the landfills.
The parties agree that in the event the average monthly
tonnage of solid waste collected by Contractor hereunder is
reduced by five (5%) percent or more, due to additional
recycling requirements imposed by the City, County, State
or Federal authorities, then in such event, the parties
agree to negotiate in good faith a proportionate reduction
in the monthly unit rate paid to Contractor by City.
Likewise, if the average monthly tonnage of solid waste
disposed of by Contractor is increased by more than five
(5%) percent due to changes in any laws or requirements
imposed by any City, County, State or Federal authorities,
then in such event the parties agree to negotiate in good
faith a proportionate increase in the monthly unit rate
paid to Contractor by City.
In the event the parties are not able to reach agreement
concerning the preceding paragraph within thirty (30) days
of written notice from one to the other, then the parties
agree to submit the issue of rate reduction or increase to
arbitration in accordance with Section 21 thereof.
6. 5 Quarterly Bulk Pickup: I.W. S. will provide, at no
additional charge, quarterly bulk pickup and disposal
service which will include picking up at the curbside all
Bulk Trash items. The quarterly pickup service shall be
communicated by door hanger type notices in each area.
Notice shall be provided at least two (2) weeks prior to
the first quarter-annual collection.
6. 6 Special Pick-Up: Owners or Occupants requesting collection
of Solid Waste other than Prohibited Waste on days other
10
•
than the designated day may schedule a special pick-up at
a charge of $50. 00 per cubic yard which will be billed to
the residential customer by the Contractor directly. Any
disputes shall be reconciled by the Contractor and the City
Manager or his designee. Contractor shall provide the
residential customer a written estimate of cubic yards
involved and the total cost.
7. DESCRIPTION OF WORK - SOLID WASTE PROGRAM
7 . 1 I.W. S. shall provide solid waste collection services to
residential customers within the City limits of Miami
Beach. The City will be responsible for the billing and
collection of solid waste fees from residential customers.
7 . 2 I.W. S. 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
collections and disposal set forth herein.
7 . 3 Protection of Adjacent Property and Utilities: I.W. S.
shall conduct its work in such a manner as to avoid damage
to all private or public property and shall immediately
repair or pay for any damage incurred through its
operations. I .W. S. 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, excluding ordinary wear and
tear.
7 . 4 Spillage: I .W. S. 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 I.W. S. , clean up of spillage shall occur within
four (4) hours of notice to Contractor from City and if the
spillage is not picked up within four (4) hours, the City
may, at its sole discretion, pick up the spillage and bill
11
•
•
the Contractor for the pick-up, which the Contractor shall
promptly pay.
7 . 5 Residential Collection Service: I .W. S. shall collect and
dispose of all yard trash and solid waste from all
residential customers presently being serviced by the City
of Miami Beach and as identified by the list provided by
the City (see Exhibit B) . This list will be amended as
necessary the first day of each month and notification
shall be provided to the Contractor. If solid waste is
disposed of at a landfill into which it is not lawful to
dispose of commingled yard trash and garbage, the
Contractor shall pick up yard trash and garbage separately
and dispose of same separately.
7 . 6 Frequency of Collection: I.W. S. shall collect solid waste
excluding yard trash from residential customers within the
contract collection area at least two (2) times per week,
with collections at least three (3) days apart. I.W.S.
shall collect yard trash at the curb one (1) designated
solid waste collection day per week.
7 . 7 Hours of Collection: Collection shall begin no earlier
than 7 : 00 O'Clock A.M. , and shall cease no later than 6: 00
O'Clock P.M. No collections under this Agreement shall
take place on Sunday. In the case of an emergency,
collection may be permitted at times not allowed by this
paragraph, provided I.W. S. has received prior approval from
the City Manager or his designee, to be later evidenced by
a written memorandum confirming the approval.
7 . 8 Point of Pickup of Residential Garbage: Collections of
yard trash shall be at curbside, or if no curb, at the
swale area and solid waste excluding yard trash shall be
picked up from the back yard or, at the residential
customers discretion, at some other location on the
property, designated by the residential customer to the
Contractor.
12
7 . 9 Method of Collection of Residential Garbage: I.W. S. shall
be required to pick up all solid waste from residential
customers which has been properly prepared and stored for
collection as follows: I .W. S. shall make collections with
a minimum disturbance to the residential customer and the
neighborhood. Garbage cans or containers shall be handled
carefully by I .W. S. , shall not be bent or otherwise abused,
and shall be thoroughly emptied and then left at the proper
point of pickup. All garbage cans and containers shall be
replaced upright with covers securely and properly in
place. Any type garbage can or container found in a rack,
cart or enclosure shall be turned upright in such rack,
cart or enclosure and lids shall be placed securely and
properly on the top of said receptacle. In the event of
damage caused by I .W. S. to containers other than normal
wear and tear, I.W. S. shall be responsible for the timely
repair or replacement of said receptacles within seven (7)
days of receiving a complaint from the residential
customer.
7 . 10 Schedules and Routes: I .W. S. shall provide the City with
schedules for all collection routes and keep such
information current at all times. I.W. S. is not obligated
to collect on the following Holidays: New Year' s Day,
Memorial Day, July 4th, Labor Day, Thanksgiving and
Christmas; and service shall resume on the next scheduled
day; provided however that Contractor shall, at the City's
request provide collection service on the Holiday or the
day following the Holiday at the following additional cost
to the City; the then current monthly unit price divided by
the number of pick-up' s in that month. 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 of the City Manager, I .W. S. shall notify the
13
+ 1
residential customer at least seven (7) days prior to the
effective date of such route or schedule changes. If the
City in its sole discretion deems it necessary, the
notification will be published in a newspaper of general
circulation in Miami Beach. The cost of publication shall
be borne solely by I.W. S.
The City reserves the right to deny I .W. S. ' s vehicles
access to certain streets, alleys and public ways inside
the City in route to the solid waste disposal facility
where it is in the interest of the City to do so because of
the condition of the streets or bridges. The City shall
notify I.W. S. of street closures of any duration, and
arrangements for service will be made in a manner
satisfactory to I .W. S. and City. Only local truck routes
shall be used in transit, unless specifically for the
purpose of collection.
7 . 11 Severe Weather: In case of severe weather which may create
a danger to Contractor' s employees, the City Manager or his
designee may grant I .W. S. reasonable variance from regular
schedules and routes. As soon as practicable after such
severe weather, I .W. S. shall restore regular schedules and
routes. In the case of severe weather where it is necessary
for I.W. S. to acquire additional equipment and to hire
extra crews to clean the City of debris resulting from the
severe weather, I.W. S. shall be required to cooperate with
the City on a priority basis in all possible ways for the
efficient and rapid clean-up of the City. I .W. S. shall
receive extra compensation above that set forth herein for
additional staff, overtime, and other costs, provided
I .W. S. has first secured prior written authorization from
the City Manager or his designee. The costs for such
services shall be based on rates jointly agreed to by the
City Manager or his designee and I .W. S. Should I .W. S. be
unable to meet the needs of the City in the event of
serious weather, this operation shall be deemed to be non-
14
i
�� . • r
exclusive and the City shall be able to contract with other
firms or units of government to achieve a clean-up from the
severe weather.
7 . 12 Force Majeure: The performance of any act by the City or
I .W. S. 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 condition of force majeure exceeds a period of
fourteen (14) days the City may at its option and
discretion, cancel or renegotiate this Contract. Provided,
however, that within the fourteen (14) day period the City
shall have the right to provide substitute service from
third party contractors or City forces and in such event
the City shall withhold payment due Contractor for such
period of time within said fourteen (14) days that the
Contractor did not provide services.
7 . 13 Collection Equipment: I .W. S. shall have on hand at all
times and in good working order such equipment as shall
permit I .W. S. 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. I .W. S. 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
I .W. S. to perform the contractual duties. A list of
I .W. S. ' s equipment shall be given to the City annually.
(Exhibit C - List of Equipment)
15
a
Equipment is to be painted uniformly with the name of
I .W. S. , 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 as to the utilization of the vehicle to
which each number is assigned. No advertising shall be
permitted on vehicles, except for events approved between
City and I.W. S.
7 . 14 Refuse Quantities: I.W. S. 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. I .W. S. agrees that seasonal
fluctuation will not be justification for I .W.S. to fail to
maintain the required collection schedules and routes or to
justify a rate increase.
7 . 15 Disposal at a 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 a duly licensed and permitted solid waste
disposal facility as defined herein. In the event
Contractor relocates solid waste collected hereunder from
an existing 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 the licenses
and permits for said new facility.
8. DESCRIPTION OF WORK: YARD TRASH PROGRAM
8 . 1 I.W. S. shall collect all yard trash as defined herein from
all residential customers.
8. 2 Point of Pickup of Yard Trash: Collection of yard trash
shall be at curbside.
8. 3 Frequency of Yard Trash: I .W. S. shall pick up all yard
trash as defined herein from residential customers once a
week on a designated solid waste collection day. In the
16
event of a dispute between I .W.S. and a residential
customer as to what constitutes yard trash, the situation
will be reviewed and decided by the City Manager or his
designee in his sole discretion in accordance with Section
5. 26.
8 . 4 All terms and conditions of Section 7 ("Description of Work
- Solid Waste Program") , except for Sections 7 . 8 and 7 .9,
shall also apply to this Section 8 .
9. I.W.S. 'S PERSONNEL
9 . 1 I.W.S. ' s Officer(s) : I .W. S. shall assign a qualified
person or persons to be in charge of the operations within
the collection area. I.W. S. 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 and/or residential
customers within a reasonable, practicable time after
notification of a request for such consultation. The
supervisor(s) shall operate a vehicle which is radio
equipped. IWS ' s employee shall be subject to the
conditions under Section 9 . 11 of this Agreement.
9. 2 Conduct of Employees: I .W. S. shall see to it that its
employees serve the public in a courteous, helpful and
impartial manner. I.W. S. ' 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 permission in writing. Care shall be taken to
prevent damage to property including cans, carts, racks,
trees, shrubs, flowers and other plants.
9 . 3 Employee Uniform Regulations: I .W. S. ' s collection
employees shall wear a uniform or shirt bearing the
company' s name. I .W. S. shall furnish to each employee an
identifying badge, not less than two and one-half (2-1/2)
17
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. I.W.S.
shall keep a record of employees names, numbers and route
assignments in a manner to allow identification of
employees at all times. I.W. S. shall provide its then
current employee list to City within twenty-four (2 4) hours
of written notice from the City.
9 . 4 Compliance with State, Federal and Municipal Law: I.W. S.
shall comply with all applicable City, State and Federal
laws relating to wages, hours, and all other applicable
laws, rules and regulations including but not limited to
those relating to the employment or protection of
employees, now or hereafter in effect.
9 . 5 Fair Labor Standards Act: I.W. S. is required and hereby
agrees by execution of this Contract, 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 and
changed from time to time.
9 . 6 Other Employee Benefits: Amount of vacation leave, sick
leave, holiday pay leave, other fringe benefits, shelter
and accommodations for work and related matters shall be as
submitted with the I.W. S. ' s bid documents. Conditions of
employment shall be published and conspicuously posted so
all employees may be informed. I.W. S. shall furnish
uniforms and safety equipment in a reasonably clean neat
condition.
9 . 7 Each vehicle operator shall, at all times, carry a valid
driver' s license for the type of vehicle that is being
driven.
9 . 8 I.W. S. shall provide operating and safety training for all
personnel.
18
9 . 9 I .W. S. shall, wherever possible, employ its personnel from
residents of the City.
9 . 10 No person shall be denied employment by I.W. S. for reasons
of race, sex, national origin, creed, age, physical
handicap, sexual preference or religion.
9 . 11 I .W. S. shall subscribe to the "drug free" workplace
programs and shall be part of pre-employment requirements
for any employee assigned to the City of Miami Beach
Contract. (Exhibit D)
9 . 12 Except as provided in Section 9 . 13 , all employees assigned
to the City of Miami Beach will be full-time I.W.S.
employees subject to all established I .W. S. rules and
regulations.
9 . 13 Contractor shall have the right to use temporary employees
from a standby labor pool of qualified and known persons,
which pool shall be subject to the prior approval of the
City Manager which approval will not be unreasonably
withheld.
9 . 14 City of Miami Beach has the authority to exclude any
employee of I.W. S. from working under the City' s Contract
upon providing I.W. S. with sufficient information to
justify this exclusion. The employee shall be removed
immediately upon request.
10. I.W.S. ' S OFFICE
10. 1 I .W. S. shall provide, at its expense, a suitable office
located within Dade County with a dedicated telephone
service for Miami Beach where complaints 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 special calls in accordance with
Section 14 . 2 . The office shall include recording equipment
for receipt and logging of off-hours calls. Said calls to
be responded to the following working day.
19
•
11. PAYMENT AND BILLING
11. 1 Compensation: The City shall pay I.W. S. compensation for
the performance of this Agreement, the sums due based on
the unit prices submitted in the Bid No. 14-92/97 dated
November 24 , 1992 , except as same may be adjusted pursuant
to Section 11. 2 . I.W. S. ' s Unit Price Schedule for solid
waste and yard trash collections shall include disposal
costs and all costs for services to be provided herein,
except where additional fees, increases or services are
specifically provided for herein.
I.W. S. will be compensated for Backyard Pickup $13 .97 per
month per residential customer subject to increases or
decreases provided herein. I.W. S. shall submit an invoice
by the 10th of each month for services rendered during the
preceding month, and payments will be made to the I .W. S. on
or before the 20th day of each calendar month upon
verification of the invoice submitted. The listing of
residential customers served will be furnished on a monthly
basis and payment will be made on the basis of the current
listing as may be amended from month to month.
I .W. S. will be compensated a one percent (1%) late fee for
invoices not paid within sixty (60) days of receipt by the
City. If a dispute exists, the remainder of the invoice
shall be paid by the City and I.W. S. shall promptly enter
into rate discussions to settle said dispute.
11. 2 Billing Adjustment Procedures: On the first day of each
month the number of residential customers shall be
adjusted, if necessary, 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 unoccupied or
demolished during the second month preceding the
adjustment; for example, any adjustment which is made on
June 1 of any year will be for buildings unoccupied or
demolished in April of the subject year. Any existing unit
20
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 City
Manager or his designee will notify I.W.S. verbally, and
will follow up in writing within fifteen (15) days of any
existing unit that is considered unoccupied and of any new
unit that is considered to be occupied. Solid waste pick-
up shall begin at the next regularly scheduled pick up
after verbal notification.
11. 3 Adjustments in Disposal Costs: The parties agree the
residential rates per dwelling unit set forth in the
Contractor' s bid shall be the Contractor' s compensation and
shall not be adjusted for any increase in tipping fees from
the date of the bid to the date of this Contract. The
Contractor hereby represents and warrants to the City that
it intends to dispose of the solid waste collected under
this Contract at the Wheelabrator Environmental Systems
Inc. facilities located in Broward County, and that it will
continue to use the Wheelabrator sites in Broward County so
long as it is an economic advantage to the City and the
Contractor and is permitted by applicable laws, rules or
regulations. The parties acknowledge that the current
tipping rate for the Wheelabrator South Broward facility
(the "Wheelabrator site") is $52 . 00 per ton. In the event
the Contractor is not permitted to use the Wheelabrator
site by any law, rule or regulation or said site is closed,
or it becomes economically unfeasible for the Contractor to
use said site, the Contractor may deliver the solid waste
collected hereunder to another solid waste disposal
facility; in the event the tipping fees at the other solid
waste disposal facility are different than those of the
21
.
�� r
. r
Wheelabrator site, the contract price will be adjusted
accordingly.
It is recognized that from time to time the actual cost of
these rates may change. In the event of increase in the
tipping fee at the site utilized by I.W.S. , and I.W.S.
wishes to request an increase in the contract price as a
result of such tipping fee increase, then I.W. S. may
request and the City, upon submission of sufficient proof
of such change, shall grant such increase in contract price
for tipping fee as will compensate for the actual change in
tipping fee. As an incentive to the Contractor to maintain
the unit contract price bid by Contractor, the City hereby
agrees that Contractor is not prohibited from transporting
solid waste collected hereunder to another solid waste
disposal facility subject to the provisions of Section
7 . 15, so long as the use of this alternate solid waste
disposal facility does not result in an increase in the
contract price charged to City. The Contractor shall
provide the following documentation to the City in order to
justify an increase in contract price: (a) documentation
showing actual tipping fees paid at the waste disposal
facility for the previous four (4) months prior to the
request for the increase and, (b) the publication of the
solid waste disposal facility announcing the tipping fee
increases, together with a letter from the solid waste
disposal facility to the City stating that the increased
fee applies to the Contractor, or stating what fee will
apply to the Contractor.
Tipping fee increase calculations shall be based on the
average monthly tonnage divided by the number of
residential customers serviced times the monthly tonnage
increase in tipping fees. The parties hereby agree that
the average monthly tonnage for the purpose of the
foregoing calculations is 1, 007 . 25 tons, which amount is
22
7
1
subject to increase or decrease pursuant to Section 6.4
hereof.
11. 4 Unusual Changes or Costs: I.W. S. may petition the City for
rate adjustments at reasonable times on the basis of
unusual changes in its cost of doing business not covered
by the CPI change provided for in Section 11. 5 and not
within the control of the Contractor, such as revised laws,
ordinances or regulations; substantial changes in the
location of a solid waste disposal facility utilized by
Contractor or substantial increases in fuel costs; and,
said request 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 City of Miami Beach Commission for its
consideration. Any of the aforesaid changes or any other
conditions which occur that substantially reduce I.W. S. 's
cost shall entitle the City to receive a unit rate decrease
in proportion to the decrease in I .W. S. ' s cost.
11. 5 Consumer Price Index: All fees payable to Contractor under
this Contract, except for that portion of the monthly unit
price which is attributable to Contractor' s tipping fee,
shall be subject to annual price adjustments (increase or
decrease) , which shall be authorized by applying the
contract price, the ratio of change between the previous
year and the current index of the Consumer Price Index for
ALL ITEMS published by the U. S. Department of Labor, Bureau
of Labor Statistics for the month ending sixty (60) days
prior to the anniversary date of contract. The parties
hereby agree that for the purposes of calculations the
exclusion from the CPI increase for tipping fees, the
tipping fee is deemed to be fifty-five (55%) percent of the
monthly unit price. Prior to allowing any increase, the
Contractor must submit all records and information
reasonably requested by the City as would support the
23
{ R V •
•
, r
requested increase, which request shall be submitted to the
City of Miami Beach Commission for its consideration.
Provided, however, that the CPI adjustment for any year
shall not exceed one hundred twenty five (125%) percent of
previous years CPI adjustment or five (5%) percent, which
ever is less.
12 . CONTRACT PERFORMANCE
12 . 1 I.W. S. ' s performance of this Contract shall be supervised
by the City Manager or his designee. If at any time during
the life of the Contract, performance is considered
unsatisfactory to the City Manager or his designee, I.W.S.
shall immediately take all steps necessary and procedures
to perform this Contract, including but not limited to
increasing the force, tools and equipment as needed to
properly perform this Contract. The failure of the City
Manager or his designee to give such notification shall not
relieve I.W. S. of its obligation to perform the work at the
time and in the manner specified by this Contract.
12 . 2 I.W. S. shall furnish the City Manager or his authorized
representative any information relating to the City of
Miami Beach Contract to ascertain whether or not the work,
as performed, is in accordance with the requirements of the
Contract.
12 . 3 The City Manager may appoint a designee to inspect
I.W. S. ' s operation and equipment at any reasonable time,
and I .W. S. 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 I .W. S. 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 succeeding breach of
such provision or as a waiver of any provision itself.
24
•
13. COOPERATION/COORDINATION
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 I.W. S.
13 . 2 I.W. S. shall cooperate with authorized representatives of
the City in every way in order to facilitate the quality of
the work contemplated under this Contract. I .W.S. shall
have at all times a competent and reliable English speaking
representative on duty authorized to receive
orders and to act for I .W. S. in the case of said
representative absence.
14. COMPLAINTS AND COMPLAINT RESOLUTION
14 . 1 Office: I.W. S. shall establish an office within Dade
County where complaints can be received. The office shall
be equipped with sufficient telephones with at least one
local phone number for City of Miami Beach complaints, and
shall be open during normal business hours, 8 : 00 O'Clock
A.M. , to 5: 00 O'Clock P.M. , Monday through Friday and
Saturday from 8 : 00 O'Clock A.M. to 3 : 00 O'Clock P.M.
14 . 2 Complaints: I .W. S. shall prepare, in accordance with the
format approved by the City, and maintain a register on a l l
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 E for Complaint Register Format)
The form shall indicate the day and hour on which the
complaint was received and the day and hour on which it was
resolved. When a complaint is received after 12 : 00 O'Clock
noon on the day preceding a holiday, or on a weekend, it
shall be serviced no later than the next working day.
Complaints received before 12 : 00 O'Clock noon will be
served on that day. A monthly listing of all the
complaints filed of and the disposition of the complaints
shall be mailed monthly to the City Manager or his
25
designee, no later than five (5) working days after the end
of each month. Disputes shall be referred to the City
Manager or his designee and his decision shall be final.
14 . 3 Complaint Resolution: The following events shall be
considered Events of Default for the purposes of paragraph
19 of this Agreement:
1) Complaints in any calendar month in 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 . 4 Disputes about Collection of Certain Items: It is
recognized that disputes may arise between the City and
I.W. S. with regard to the collection of certain items due
to disputes over the specific language of the Contract.
The Manager may from time to time notify I .W.S. by
telephone to remove all such items. Should I.W. S. fail to
remove the items within twenty-four (2 4) hours from time of
notification, the City may, at its sole discretion remove
such items and all costs incurred by the City shall be
deducted from compensation due I.W. S. Notice of the amount
deducted shall be given to I .W. S. If it is later
determined that the disputed items picked up by the City
were not required to be picked up by the Contractor because
such items did not conform to the specifications of this
Contract, the Contractor shall be entitled to a refund of
any amounts deducted for such items.
15. SUBCONTRACTORS
Subcontractors will not be permitted under the terms of this
26
•
,
Contract without prior approval by the City.
16. PERFORMANCE BOND
16. 1 Amount of Bond: I .W. S. shall, within thirty (30) days of
execution of this Agreement by both parties, furnish to the
City a Performance Bond in the penal sum as stated below
for the payment of which I.W. S. shall bind itself for the
faithful performance of the terms and conditions of this
written Agreement.
Performance Bond in the amount of Two hundred, eighty two
thousand, eight hundred ninety two dollars ($282 , 892 . 00)
shall be required and shall be in faithful observance of
this Contract in accordance with Section 16 herein. The
amount of bond shall be subject to adjustment annually to
reflect twenty-five (25%) percent of the previous years
gross payments to Contractor under this Agreement.
16. 2 Form of Bond: The form of the Performance Bond shall be as
set forth in Bid No. 14-92/97 , dated October 29, 1992 , and
shall continue in full force and effect throughout the term
of this Agreement, and any extensions thereof.
16. 3 Qualification of Surety: The 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
surety on Federal Bonds, in accordance with U. S. Department
of Treasury Circular 570, in Current Revision. The
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, I.W.S.
shall maintain in full force and effect, at its sole cost,
the insurance and indemnity provisions set forth in Bid No.
14-92/97 , dated October 29 , 1992 .
27
� t
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, I.W. S. 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, I.W. S. shall
invest the additional funds needed to repair or replace the
equipment.
19 . EVENTS OF DEFAULT BY I.W.S.
Each of the following events or conditions shall constitute an
"Event of Default" by I .W. S. :
a) Any material failure by I .W. S. to perform or comply
with the terms and conditions of this Agreement,
including the failure of I .W. S. to meet the standards
of performance as defined in Section 12 , and said
failure continues for thirty (3 0) days after Notice to
I.W. S. demanding that such failure be cured.
b) Filing by or against I.W. S. or the Performance Bond
surety of a bankruptcy, receivership, assignment for
the benefit of creditors, liquidation, dissolution,
composition or reorganization petition, or other
insolvency proceeding.
c) If the said services shall be vacated or abandoned by
I .W. S. during the term of this Agreement for a period
of seven (7) days.
d) Any representation or warranty furnished by I .W. S. in
this Agreement found to be false or misleading in any
material respect when made.
e) Failure to abide by the complaint resolution standards
set forth in Paragraph 14 . 3 .
20. REMEDIES UPON DEFAULT BY I.W.S.
In the event of Default by I.W. S. , the CITY may, without
election of remedies:
a) Without recourse to legal process, terminate this
Agreement by delivery of a Notice declaring
28
e
r r
termination, whereupon I.W. S. shall, at its sole
costs, 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.
21. ARBITRATION
Any controversy or claim for money damages arising out of or
relating to this Agreement, or the breach hereof, shall be
settled by arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and
the arbitration award shall be final and binding upon the
parties hereto and subject to no appeal, and shall deal with the
question of the costs of arbitration and all matters related
thereto. In that regard, the parties shall mutually select one
arbitrator, but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association shall
appoint one. Judgment upon the award rendered may be entered
into any court having jurisdiction, or application may be made
to such court for an order of enforcement. Any controversy or
claim other than a controversy or claim for money damages
arising out of or relating to this Agreement, or the breach
hereof, shall be settled by litigation and not arbitration.
22 . LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so
doing the City can place a limit on 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 Two hundred thousand
($200, 000. 00) dollars. I.W. S. hereby expresses its willingness
to enter into this Agreement with recovery from the City for any
29
3
I 1
e
damage action for breach of contract to be its actual damages
but in no event to exceed a maximum Two hundred thousand
($200, 000. 00) dollars.
Accordingly, and notwithstanding any other term or condition of
this Agreement, I .W. S. hereby agrees that the City shall not be
liable to I.W. S. for damages in an amount in excess of Two
hundred thousand ($200, 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 .
It is not the intent of the City to use this Section 22 for an
arbitrary termination of this Agreement without cause. In the
event of a termination of this Agreement by City for any reason
other than an event of default set forth in Section 19 , or
failure of Contractor to implement services, within thirty (30)
days, under Section 27, the City shall within thirty (30) days
thereof, pay the Contractor a maximum amount not to exceed Two
hundred thousand ($200, 000. 00) dollars as liquidated damages.
23. REPRESENTATIONS AND WARRANTIES OF I.W.S.
I.W. S. 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.
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.
30
c) Its execution, delivery, and performance of this
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, and
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 this
Contract.
24. APPLICABLE LAW
This Agreement and the construction and enforceability thereof
shall be interpreted under the laws of the State of Florida.
25. COMPLIANCE WITH LAW AND STANDARD PRACTICES
I .W. S. 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. I.W. S. shall be responsible
for obtaining all governmental permits, consents, and
authorizations as may be required to perform its obligations
hereunder prior to beginning of providing service.
26. TAXES, LIENS AND FEES
At all times during the existence of this Agreement, I.W.S.
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 I.W. S. shall pay on or before the due date any other
31
,
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 I.W. S. ' equipment or the
operation or maintenance thereof is filed upon the City, I.W.S.
shall have thirty (3 0) days from the date of written notice by
City to have such lien or encumbrance bonded off or discharged.
27 . EARLY TERMINATION
This Agreement is subject to termination upon:
a) Failure of I .W. S. to implement the service within
thirty (3 0) days of the date of approval by the City
Commission, or
b) An Event of Default, as described in Section 19 .
28. 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 the City:
CITY OF MIAMI BEACH
CITY MANAGER' S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: EDDIE COX, ASSISTANT CITY MANAGER
To I .W. S. :
INDUSTRIAL WASTE SERVICE, INC.
3840 N.W. 37TH COURT
MIAMI, FLORIDA 33142
ATTENTION: GENERAL MANAGER
WITH A COPY TO:
INDUSTRIAL WASTE SERVICE, INC.
C/O ATTWOODS, INC.
2601 SOUTH BAYSHORE DRIVE
PENTHOUSE TWO
COCONUT GROVE, FLORIDA 33133
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.
32
a
j
29. NO WAIVER
The failure of I .W. S. 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 I.W. S. or the City.
30. 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.
31. ASSIGNMENT
31. 1 In General. The selection of I .W. S. as the service
provider under this Agreement is based upon its experience,
capability financial ability to perform the work. I .W.S.
shall not assign, delegate or subcontract any of the rights
or obligations under this Agreement without the prior
written consent of the City.
32 . 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.
33. BID AND AGREEMENT INCORPORATED BY REFERENCE
Bid No. 14-92/97 , together with all amendments thereto, and
I .W.S. ' s agreement 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) Exhibit A
(3) The other Exhibits to this Agreement
33
(4) The Bid No. 14-92/97
(5) I .W. S. Response to Bid No. 14-92/97
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 I.W. S. , a
partnership or joint venture, a principal agent relationship, 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:
ATTEST: INDUSTRIAL WASTE SERVICE, INC.
4> L
CORPORATE SECRETARY E—PRESIDENT
ATTEST: CITY •F MIAMI BEAC•
i
JIIIPiP 112A
trakAOPAA E 15Viitai" _
Cott, c MUM qEYMOU: SEL=ER, MA OR
APPROVED AS TO FORM:
LEGAL DEPARTMENT
DATE: XV 93
EC: lcd
Attachments
35
wpm
ORIGINAL i
RESOLUTION NO. 93-20708
Authorizing the Mayor and CityClerk k to
execute a service agreement between the
City of Miami Beach and Industrial Waste
, , N4t
Service, Inc. , for residential solid waste
collection and yard trash collection in
the City. ;� '
4
•
•
111,
dwomfaiielow
,
r
•
£a.
irt*
w
, .
illimiliL.
, ____Jimmillip--- 17 ,_T__ .
---- --- ___________ • _
,,_____ ____ .
. .
,._ :,- -