2009-27084 ResoRESOLUTION NO. 2009-27084
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE NON-
EXCLUSIVE FRANCHISE FOR COLLECTION AND DISPOSAL OF SOLID
WASTE, AS WELL AS CERTAIN RECYCLING SERVICES, FROM DAVIS
SANITATION, INC., AS ASSIGNOR (DAVIS), TO CHOICE ENVIRONMENTAL
SERVICES OF MIAMI, INC, AS ASSIGNEE (CHOICE) (SAID FRANCHISE TO
DAVIS AS APPROVED BY THE CITY PURSUANT TO RESOLUTION NO.
2008-26923); PROVIDED FURTHER THAT THE CITY'S APPROVAL OF THE
SUBJECT ASSIGNMENT IS SUBJECT TO AND CONTINGENT UPON THE
FOLLOWING: 1.) THAT DAVIS AND CHOICE EXECUTE AN AGREEMENT
OF ACCEPTANCE, IN A FORM SATISFACTORY TO THE CITY MANAGER
AND CITY ATTORNEY, EVIDENCING THAT CHOICE ACCEPTS THE
ASSIGNMENT SUBJECT TO ANY AND ALL OF THE TERMS, CONDITIONS
AND LIMITATIONS IMPOSED BY THE FRANCHISE AGREEMENT (AS
APPROVED AND EXECUTED PURSUANT TO RESOLUTION NO. 2008-
26923) AND SUBJECT TO COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY'S SOLID WASTE ORDINANCE, AS CODIFIED IN
CHAPTER 90 OF THE MIAMI BEACH CODE (AS SAME MAY BE AMENDED
FROM TIME TO TIME); 2) THAT THE AGREEMENT OF ACCEPTANCE
FURTHER INCLUDE AN AFFIRMATIVE STATEMENT AFFIRMING CHOICE'S
INTENT TO FULFILL THE OBLIGATIONS FORMALLY IMPOSED UPON
DAVIS; 3) THAT THE AGREEMENT OF ACCEPTANCE FURTHER INCLUDE
A STATEMENT BY DAVIS THAT, NOTWITHSTANDING THE APPROVAL OF
THE ASSIGNMENT AND CHOICE'S ACCEPTANCE, DAVIS SHALL
GUARANTEE THE PERFORMANCE OF CHOICE AND SAID ASSIGNMENT
SHALL ALWAYS REMAIN WITH FULL RECOURSE TO DAVIS, AS
PROVIDED IN SECTION 90-192(f) OF THE CITY CODE; AND 4) THAT, IN
ADDITION TO ACCEPTANCE AND ASSUMPTION OF THE FRANCHISE
AGREEMENT, CHOICE AGREES TO ASSUME ANY AND ALL TERMS,
CONDITIONS AND OBLIGATIONS OF DAVIS, PURSUANT TO
THAT CERTAIN SEPARATE AGREEMENT BETWEEN THE CITY AND
DAVIS (RUNNING COMMENSURATE WITH THE FRANCHISE) FOR THE
PROVISION OF ADDITIONAL PUBLIC WASTE COLLECTION AND
DISPOSAL AND RECYCLING SERVICES.
WHEREAS, Section 90-229 of the City Code provides that the City may license not
more than five (5) franchise waste contractors for residential and commercial waste
collection and disposal; and
WHEREAS, at its regular meeting on October 7, 2008, the Mayor and City
Commission approved Resolution No. 2008-26923, approving the renewal of the
franchises with the four (4) current solid waste franchisees: 1) Waste Management of
Dade-County North; 2) Republic Services of Florida; 3) Waste Services, Inc.; and 4) Davis
Sanitation, Inc.; said franchise agreement having an initial term of three (3) years,
commencing retroactively on October 1, 2008, and ending on September 30, 2011; and
WHEREAS, at its regular meeting on February 25, 2009, the Mayor and City
Commission adopted Resolution No. 2009-27020, approving the issuance of the fifth
franchise to General Hauling Service, Inc., as the successful proposer pursuant to RFQ
No. 49-07/08, for a Solid Waste Franchise Waste Contractorto Provide Commercial Waste
Collection and Disposal Services (the RFQ); and
WHEREAS, Section 90-192(f) of the City Code allows for the assignment and
transfer of waste hauler franchises, subject to the expressed approval of the Mayor and
City Commission and, if approved, subject further to the assignee executing an agreement
of acceptance, subject to approval of the City Manager, evidencing that the assignee
accepts the assignment subject to any or all of the provisions of Chapter 90 of the City
Code (the City's Solid Waste Ordinance) and of the franchise agreement between the City
and the current franchisee/assignor, which acceptance shall include an affirmative
statement evidencing said assignee's intent to fulfill the obligations imposed; and
WHEREAS, as also provided pursuant to Section 90-192(f) of the City Code, and
notwithstanding the Mayor and City Commission's approval of an assignment of a
franchise agreement and the assignee's acceptance, the original franchisee/assignor shall
further guarantee the performance of its assignee, and such assignment shall always be
with full recourse to the original franchisee/assignor; and
WHEREAS, by letter to the City Manager, dated May 14, 2009, Choice
Environmental Services of Miami, Inc. (Choice), by and through its counsel, informed the
City Manager of Choice's intention to purchase the assets of Davis Sanitation, Inc. (Davis)
and, accordingly, requested that the City Commission consider approval of the assignment
of the Davis franchise to Choice; a copy of Choice's letter to the City Manager is attached
and incorporated as Exhibit "A" hereto; and
WHEREAS, the City Administration has performed its due diligence in conjunction
with the proposed assignment and would hereby recommend that the Mayor and City
Commission approve the assignment of the Davis franchise to Choice, subject to and
contingent upon the parties' compliance with and satisfaction of the conditions set forth in
this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the assignment of the non-exclusive franchise for collection
and disposal of solid waste, as well as certain recycling services, from Davis Sanitation,
Inc., as assignor (Davis), to Choice Environmental Services of Miami, Inc, as assignee
(Choice) (said franchise to Choice as approved by the City pursuant to Resolution No.
2008-26923); provided furtherthat the City's approval of the subject assignment is subject
to and contingent upon the following: 1.) that Davis and Choice execute an agreement of
acceptance, in a form satisfactory to the City Manager and City Attorney, evidencing that
Choice accepts the assignment subject to any and all of the terms, conditions and
limitations imposed by the franchise agreement (as approved and executed pursuant to
Resolution No.2008-26923) and subject to compliance with all applicable provisions of the
City's Solid Waste Ordinance, as codified in Chapter 90 of the Miami Beach Code (as
same may be amended from time to time); 2) that the agreement of acceptance further
include an affirmative statement affirming Choice's intent to fulfill the obligations formally
imposed upon Davis; 3) that the agreement of acceptance further include a statement by
Davis that, notwithstanding the approval of the assignment and Choice's acceptance, Davis
shall guarantee the performance of Choice and said assignment shall always remain with
full recourse to Davis, as provided in Section 90-192(f) of the City Code; and 4) that, in
addition to acceptance and assumption of the franchise agreement, Choice agrees to
assume any and all terms, conditions and obligations of Davis, pursuant to that certain
separate agreement between the City and Davis (running commensurate with the
franchise) forthe provision of additional public waste collection and disposal and recycling
services.
PASSED and ADOPTED thlS 3rd Day of June , 2009.
,,~
AYC~ R
ATTEST: Matti Herrera Bower
~.~~'.~.
CITY CLERK
Robert Parcher
F:\atto\AGUR\RESOS-ORD\Solid Waste - Assigw~ent of Davis Sanitation to Choice Environmental Reso (5-18-09).doc
APPROVED AS TO
FORM & LANGUAGE ~ -
~ FOR UTION
n, ev oats
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving an assignment of the non-exclusive franchise for collection and disposal of solid
waste, as well ascertain recycling services from Davis Sanitation Inc., to Choice Environmental Services
of Miami Inc.
Intenaea outcome Su
Improve cleanliness of Miami Beach right of way especially in business areas.
Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Miami Beach Community survey
shows the following improvements compared to the 2005 survey in cleanliness of streets in
business/commercial areas, residential neighborhoods and canals/waterways: 9% improvement in rating of
street cleanliness in neighborhoods by Mid Beach and Condo Corridor residents respectively, 10%
improvement in street cleanliness in business/commercial areas by Mid Beach residents, 8% and 6%
improvement in street cleanliness in business/commercial areas by South and Mid Beach, and 17%
improvement in Mid Beach resident rating of canals/waterways as excellent or good.
Issue:
Shall the Ci Commission a rove the assi nment?
Item Summa !Recommendation:
The City currently has five non-exclusive franchise haulers for commercial waste hauling operations within
the City of Miami Beach. One of the franchisees, Davis Sanitation Inc., (Davis) is in the process of being
acquired by Choice Environmental Services of Miami Inc., (Choice) and has requested that their franchise
be assigned to Choice.
Choice was one of the companies that responded to a Request for Qualification fora 5th franchise
agreement with the City. A due diligence background investigation was conducted by Kroll, a City
consultant; the investigation was completed on February 29, 2009. Choice has informed the City of
Choice's intention to purchase the assets of Davis and requested the City Commission approve the
assignment of the Davis franchise to Choice.
Choice will have to fulfill all the obligations and responsibilities currently contained in the Davis agreement.
The assignment of the Davis franchise to Choice will be beneficial to our community and should improve
both the operational expertise and the assets devoted to that particular customer's client base.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE ASSIGNMENT.
Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: ~
2
3
4
OBPI Total..
Financial Impact Summary:
City Clerk's OfFce Legislative Tracking:
~ Robert E. Parcher, Citv Clerk
Si n-Offs:
Department Di ctor
f Assistan it anager City Mana r
FHB TH JMG
i :w~trvuH~uuawune 3u:onsent\Uavis_Choice_Assignment Leer SUMM.doc / /
AGENDAgATE 6 7'n
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach 33139, www.miamibeachfl.aov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 3, 2009
SUBJECT: REFERRAL TO THE NEIGHBO ODS/COMMUNITY AFFAIRS COMMITTEE A
DISCUSSION REGARDING APPLICATION FOR ROUND TWO OF NEIGHBORHOOD
STABILIZATION PROGRAM FUNDS (DUE TO HUD BY JULY 17, 2009).
ADMINISTRATION RECOMMENDATION
Refer the item
BACKGROUND
On May 4, 2009, The U.S. Department of Housing and Urban Development (HUD) announced a Notice of
Funding Availability (NOFA) for the Neighborhood Stabilization Program 2 (NSP2) under the American
Recovery and Reinvestment Act, 2009. Unlike the first round of NSP which was distributed to municipalities
and other units of government according to an allocation formula (based on foreclosure rates), NSP2 is a
competitive application to HUD.
NSP2 funds, as before, may be used for activities including:
• Purchase and rehabilitation of abandoned or foreclosed homes and residential properties
• Establishing financing mechanisms for purchase and redevelopment of foreclosed homes and
residential properties
• Establishing land banks for foreclosed homes
• Demolishing blighted structures
• Redeveloping demolished or vacant properties
A key requirement of the NSP2 NOFA is that the applicant must have "successfully carried out and completed"
eligible activities involving at least 75 units of housing (such as housing counseling, or acquisition/disposition
of housing or rehabilitation of housing) within the 24-month period immediately preceding the date of the
NOFA. Because the City itself does not possess this requisite experience, the Administration is considering a
partnership which would apply to HUD. The NOFA states that "NSP2 funds will be awarded through
competitions whose eligible applicants include states, units of general local government, nonprofits, and
consortia of nonprofits."
To meet the NSP2 application deadline of July 17, 2009, the City Commission must make a policy decision as
to whether it will apply and with whom. Research is being conducted to determine which organizations may
have the capacity and experience to partner with the City in the application.
JMG/HF/AP/mb
T:WGENDA\2009Wune 3\ConsentWSP2 -Commission Referral (MEMO).doc
Agenda Item C `7 ~"
Date (~- 3 -o ~
__
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE:. June 3, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE NON-EXCLUSIVE
FRANCHISE FOR COLLECTION AND DISPOSAL OF SOLID WASTE, AS WELL AS
CERTAIN RECYCLING SERVICES, FROM DAVIS SANITATION, INC., AS ASSIGNOR
(DAVIS), TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC, AS ASSIGNEE
(CHOICE) (SAID FRANCHISE TO DAVIS AS APPROVED BY THE CITY PURSUANT TO
RESOLUTION N0.2008-26923); PROVIDED FURTHER THAT THE CITY'S APPROVAL
OF THE SUBJECT ASSIGNMENT IS SUBJECT TO AND CONTINGENT UPON THE
FOLLOWING: 1.) THAT DAVIS AND CHOICE EXECUTE AN AGREEMENT OF
ACCEPTANCE, IN A FORM SATISFACTORY TO THE CITY MANAGER AND CITY
ATTORNEY, EVIDENCING THAT CHOICE ACCEPTS THE ASSIGNMENT SUBJECT TO
ANY AND ALL OF THE TERMS, CONDITIONS AND LIMITATIONS IMPOSED BY THE
FRANCHISE AGREEMENT (AS APPROVED AND EXECUTED PURSUANT TO
RESOLUTION NO. 2008-26923) AND SUBJECT TO COMPLIANCE WITH ALL
APPLICABLE PROVISIONS OF THE CITY'S SOLID WASTE ORDINANCE, AS
CODIFIED IN CHAPTER 90 OF THE MIAMI BEACH CODE (AS SAME MAY BE
AMENDED FROM TIME TO TIME); 2) THAT THE AGREEMENT OF ACCEPTANCE
FURTHER INCLUDE AN AFFIRMATIVE STATEMENT AFFIRMING CHOICE'S INTENT
TO FULFILL THE OBLIGATIONS FORMALLY IMPOSED UPON DAVIS; 3) THAT THE
AGREEMENT OF ACCEPTANCE FURTHER INCLUDE A STATEMENT BY DAVIS
THAT, NOTWITHSTANDING THE APPROVAL OF THE ASSIGNMENT AND CHOICE'S
ACCEPTANCE, DAVIS SHALL GUARANTEE THE PERFORMANCE OF CHOICE AND
SAID ASSIGNMENT SHALL ALWAYS REMAIN WITH FULL RECOURSE TO DAVIS, AS
PROVIDED IN SECTION 90-192(fl OF THE CITY CODE; AND 4) THAT, IN ADDITION
TO ACCEPTANCE AND ASSUMPTION OF THE FRANCHISE AGREEMENT, CHOICE
AGREES TO ASSUME ANY AND ALL TERMS, CONDITIONS AND OBLIGATIONS OF
DAVIS, PURSUANT TO THAT CERTAIN SEPARATE AGREEMENT BETWEEN THE
CITY AND DAVIS (RUNNING COMMENSURATE WITH THE FRANCHISE) FOR THE
PROVISION OF ADDITIONAL PUBLIC WASTE COLLECTION AND DISPOSAL AND
RECYCLING SERVICES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City currently has five non-exclusive franchise haulers for commercial waste hauling operations
within the City of Miami Beach. One of the franchisees, Davis Sanitation Inc., (Davis) is in the
process of being acquired by Choice Environmental Services of Miami Inc., (Choice) and has
requested that their franchise be assigned to Choice.
Commission Memorandum
Assignment of Davis Franchise to Choice
June 3, 2009
By letter to the City Manager, dated May 14, 2009, Choice by and through its counsel, informed the
City Manager of Choice's intention to purchase the assets of Davis and, accordingly, requested that
the City Commission consider approval of the assignment of the Davis franchise to Choice. The
request of the waste hauler purchasing the Davis business, Choice, is attached as Exhibit "A"and is
consistent with the requirements of both the franchise ordinance and the franchise agreement.
The assignment of the Davis Franchise to the waste hauler attempting to acquire their business,
Choice, requires the written consent of the City of Miami Beach. Section 90-192(f) of the City Code
allows for the assignment and transfer of waste hauler franchises, subject to the expressed approval
of the Mayor and City Commission and, if approved, subject further to the assignee executing an
agreement of acceptance, subject to approval of the City Manager, evidencing that the assignee
accepts the assignment subject to any or all of the provisions of Chapter 90 of the City Code (the
City's Solid Waste Ordinance) and of the franchise agreement between the City and the current
franchisee/assignor, which acceptance shall include an affirmative statement evidencing said
assignee's intent to fulfill the obligations imposed.
City staff met with representatives of Choice, to advise them of current service concerns. Choice has
agreed to correct all current service deficiencies as soon as they become a City franchisee.
In addition to the in-kind services listed in Exhibit "B", Choice has agreed to the following:
1. An upgrade of the vehicle fleet used to service the City of Miami Beach within a six month
period,
2. Providing the City with a number of waste containers specifically for special events purposes
to supplement the City's existing containers.
In the City's due diligence process, the information obtained in Request for Qualification No. 49-
07/08 in November 2008 along with the background investigation, was performed by KROLL a City
consultant on February 29, 2009. A summary of Choice's background information is provided as
Exhibit "C".
The assignment of the Davis Franchise to Choice will be beneficial to our community and should
improve both the operational expertise and the assets devoted to that particular customer's client
base.
The City Administration has performed its due diligence in conjunction with the proposed
assignment and does hereby recommend that the Mayor and City Commission approve the
assignment of the Davis franchise to Choice, subject to and contingent upon the parties' compliance
with and satisfaction of the conditions set forth in this Resolution.
Approval of this assignment is recommended.
Exhibits:
A. Letter to the City Manager from Choice, dated May 14, 2009
B. In-kind services
C. Choice's background information
D. Agreement of acceptance of assignment
JMG/RCM/TH/RA/GL
T:WGENDA\2009Wune 3\Consent\Davis_Choice_Assignment Letter MEMO.doc
May. 14. 2009 12:S1PM michael a. pizzi jr.
MI~HA~L A. PiZZI, ,~R., P.A.
Attorney at Law
15271 N. W. 60~' Avenue ~ Suite 20fiA
Miami Lakes, Florida 83094
E-mail: mpizxilr~yahoo.cam
Telephone: (8051231.2121
VIA FACS]MILE (305)673- 7782 AND USPS
May I4~', 2009
Mr. Jorge Gonzalez
City Manager
City of Miami Beach
1700 Convention Ceninr; 4th Floor
Miami Beach, Florida 33139
RE: Choice Environmental Services
Assumption of Davis Sanitation, Inc. Franchise
Desr Mr. Cronzalez:
No. 5120 P. 2/30
FAX: (34S) 231-2125
As we have previously informed, Choice Environmental Services ("Choice") has
purchased the assets of Davis Sanitation and will be assuming the Davis Sanitation Franchise.
Attached please find a redacted copy of the purchase agreement. In addition, Davis Sanitation,
Inc. has informed us that they have already made a formal request that the City of Miami Beach
transfer the franchise to• Choice. As you know, Choice previously completed its due diligence,
and was found to be qualified to assume the franchise in all respects.
Choice hereby commits tq assume all of Davis Sanitation's responsibilities and
agreements as required under the franchise agreement, and as required by the City of Miami
Beach Council. •
We look forward to having this item placed on the June 4a`, 2009 council agenda. I
would note that Mr. Glen Miller and I have a May 19a', 2009 meeting arranged with your public
works staff to answer any questions. Choice will also appear in front of the City of Miami Beach
Council on June 4s`, 2009 to answer any questions. Choice looks forUVard to a long farm
relationship with the City of Miami Beach #o the benefit of all Miami Beach residents.
Very truly yoours,
.~
-~`~"`
Michael A. Pizzi, Jr.
C.C.: City of Miami Bosch Attorney - Mr. Josc Smith
finolosures: (i} Asset Purchase Agreement between Choice Environmental Services snd Davis Sanitation, Inc.
~~ ~~~ /~
X ~
EXHIBIT B
In-Kind Service
Facility Location # Container
Descri tion Freq Service
Provider
555 Bld 555 17 St. Rec clin TBD
Bass Museum 2121 Park Ave. 3 90 al totes 7 times/wk WSI
Bass Museum 2121 Park Ave. 2 6yd can 7 times/wk WSI
Bass Museum 2121 Park Ave. Recycling TBD
Botanical Garden 2000 Convention Ctr. Dr. Recyclin TBD
CII' 777 17 St. Rec cling TBD
City Hall 1700 Convention Ctr. Dr. 1 4 d can 5 times/wk WSI
City Hall 1700 Convention Ctr. Dr. 1 2 d can 1 times/wk WM
City Hall 1700 Convention Ctr. Dr. 10 .5 gal RCT 2 times/wk WM
Fire Station #1 1051 Jefferson Ave. 4 95 al totes MWF DSI
Fire Station #1 1051 Jefferson Ave. 1 90 al RCT 1 time/wk WSI
Fire Station #2 2300 Pinetree Dr. 2 90 al RCT 1 time/wk WSI
Fire Station #2 2300 Pinetree Dr. 2 4 d can 1 time/wk WM
Fire Station #2 2300 Pinetree Dr. 5 95 al totes MWF DSI
Fire Station #3 5303 Collins Ave. 4 95 al totes MWF DSI
Fire Station #3 5303 Collins Ave. Recycling TBD
Fire Station #3 5303 Collins Ave. 1 90 al totes 1 time/wk WSI
Fire Station #4 6860 Indian Creek Dr. 4 95 gal totes MWF DSI
Fire Station #4 6860 Indian Creek Dr. Recyclin TBD
Flamin o Park 999 11 St. Recyclin TBD
Garden Ctr. Conserv 2000 Convention Ctr. Dr. 1 lyd can 5 times/wk WSI
Green Waste Facility 2800 Meridian Ave. 1 20yd roll-off 6 times/wk WM
Green Waste Facility 2801 Meridian Ave. 1 20yd roll-off 3 times/wk WM '
Log Cabin 8128 Collins Ave. 1 2yd can 5 times/wk WM
MB Golf Course 2301 Alton Rd. 1 6 d can 7 times/wk WM '
MB Ocean Rescue 7940 Collins Ave. 4 95 al totes MWF DSI
MPMP Gara e Struct Back of Cit Hall Rec clip TBD
N. Shore Open Space
Park 73r & Collins Ave. (350
73rd St. 1 2yd can 6 times/wk WM
N. Shore Tennis Ctr. 73r St. & Harding Ave. 1 3yd can 6 times/wk WM
N. Shore Tennis Ctr. 73r St. & Hardin Ave. 4 90 gal totes 5 times/wk WSI
N. Shore Tennis Ctr. 73r St. & Hardin Ave. Rec clin TBD
Normandy Shore
Golf 2401 Biarritz Dr. 1 20yd roll-off 3 times/wk WM
Ocean & 10 St. 10 & Ocean Dr. Hard ack 1 30yd roll-off 7 times/wk AS
Old Cit Hall 1130 Washin on Ave. Recycling TBD
PAL 99911 St. Recycling TBD
Parkin Dept 1833-37 Ba Rd. 1 20yd roll-off On Call AS
Parkin Dept 309 23r St. Recycling TBD
37
Parkin Gara e 7 St. & Collins Ave. 4 90ga1 totes 7 times/wk WSI
Parks Garage 17 St. & Penn Ave (640
17th St.) 1 8yd can 7 times/wk WM
Parks Division 2100 Meridian Ave. 1 6 d can 5 times/wk WM
Parks Division 2100 Meridian Ave. 1 30yd roll-off 3 times/wk WSI
21 t St. Rec. Ctr. 2100 Washin on Ave. Recyclin TBD
21st St. Rec. Ctr. 2100 Washin on Ave. 4 90 gal totes 5 times/wk DSI
Facility Location # Container
Description Freq Service
Provider
Police Station 1100 Washington Ave. 7 .5 totes 7 times/wk WSI
Police Station 1100 Washin on Ave. 4 .5 al RTC 2 times/wk WM
Police Station 7030 Trouville Es lanade 1 2yd can 3 times/wk WSI
PD N. Sub-Station 6840 Indian Creek Dr. Recycling TBD
PD N. Sub-Station 6840 Indian Creek Dr. 1 2 d can 4 times/wk WM
Property Mgmt 1245 Michigan Ave. 1 2yd can 5 times/wk WM
Pro e M t 1245-55 Michigan Ave. 1 4 d can 5 times/wk WM
Pro e M t 1245 Michigan Ave. 1 20yd roll-off On Call WSI
Public Works Yard 451 Dade Blvd 1 4yd can 5 times/wk WM
Public Works Yard 451 Dade Blvd 1 30yd roll-off 3 times/wk WM
Public Works Yard 451 Dade Blvd Recycling TBD
Sanitation Yard 140 MacArthur Causeway 1 20yd roll-off 3 times/wk AS
Sanitation Yard 140 MacArthur Causeway 1 4yd can 5 times/wk WSI
Sanitation Yard 140 MacArthur Causeway Recyclin TBD
S. Shore Comm Ctr. 833 6 St. 1 4yd can MWFS WM
Stash Site 7986 Collins Ave. 1 6yd-can 7 times/wk WM
Wasteful Weekend 75 St. & Dickens Ave. 1 20yd roll-off 1 mo WM
Wasteful Weekend 6 St. & Meridian Ave. 2 20 droll-off 1 mo WSI
Youth Ctr. N. Shore 2700 Sheridan Ave. 1 4yd can 5 times/wk WM
Youth Ctr. N. Shore 2700 Sheridan Ave. 5 .5 al RTC 2 times/wk WM
Litter Can Routes City Wide
Area Direction # Container
Descri tion Freq Service
Provider
North Beach 63r Street to City Limits 196 Litter Cans 7 times/wk DSI
Mid Beach Dade Blvd to 63 St. 218 Litter Cans 7 times/wk WSI
South Beach S. Point to Dade Blvd. 521 Litter Cans 7 times/wk WM
Service Providers: AS =All Service
DSI = Davis Sanitation Inc.
GH =General Hauling
WM =Waste Management
WSI =Waste Service of Florida Inc.
38
c
CHOICE ENVIRONMENTAL SERVICES OF MIAMI INC. -Background Information
and Business Focus in Florida
CHOICE ENVIRONMENTAL SERVICES, INC. (Choice) is one of the leading residential
commercial, institutional and industrial providers of solid waste and recycling services in
South Florida. The company's stellar record of growth since 2004 has given it the
resources to offer clients a wide range of quality recycling waste removal services. The
company operates a fleet of over 100 vehicles out of multiple South Florida Facilities,
including a recycling recovery plant just five miles from Miami Beach. The proximity of
this recycling recovery plant, along with aback-up site just north of the Miami-Dade
County line, gives Choice a unique advantage in providing swift, efficient service. The
two facilities will also provide convenient and ample debris storage and disposal
capabilities in the event of a natural disaster or emergency.
Choice's Green Initiatives is designed to enhance customer participation by achieving
the following:
1. Ease of Use
2. Public Information and Education
Choice's Single Stream Recycling system eliminates the need to separate recyclables
into categories and boosts participation by reducing effort on the part of the customer.
This system also lessens the demand for additional trucks and containers, thereby
decreasing traffic congestion and pollution. Materials are collected co-mingled in a
single container, then sorted at Choices' exclusive Material Recovery Facility. Choice's
partnership with the Miami-Dade County Public Schools has developed an in-depth
recycling education curriculum that is being taught in public schools. Choice's principals
continue to maintain working relationships with commercial and multi-family properties
within the City and are well versed in the many requirements, and criteria for working in
this community. Choice currently provides recycling and solid waste services to the
following schools:
• South Point Elementary
• Feinberg-Fisher Elementary
• Miami Beach Senior High
• Nautilus Middle
• North Beach Elementary
• Beach Maintenance
~~~ rr
Choice services over 2,000 commercial accounts in Miami-Dade and Broward Counties,
including key clients such as:
• City of Fort Lauderdale
• City of Hollywood
• Miami-Dade County
• Miami International Airport
• Miami-Dade County School Board
Choice's Senior Management has over 175 years of combined experience in the
recycling and waste collection and disposal industry. The following is a list of the
current senior executives, their titles and the past experience that they bring to the
corporation:
• Glen Miller -Chief Executive Officer/Chairman of the Board
o Over 30 years in solid waste collection, transportation and disposal
business
o Eastern Environmental Services Inc., Executive Vice President (Area of
responsibility New York, New Jersey and Pennsylvania)
• Neal W. Rodriguez -President and Chief Financial Officer
o Over 15 years in solid waste collection, transportation and disposal as a
senior executive and operating manager
o Vice President of Easter Environmental Services, Inc.,
o Controller and Area Manager with USA Waste Services, Inc.
o District Controller with Browning Ferris Industries, Inc.
o CPA
o President of NWR Consultants, firm specializing in mergers and
acquisitions, valuations, due diligence and operating solid waste
management businesses
• Nick Cascione -Chief Operating Officer
o Managing Director of Ameri-Carting Waste Collection & Disposal Co. 1988
to 1995
o Eco Transfer & Recycling in Broward County, established waste reduction
and recovery of materials
o Founder of Public Waste Co.
Glen Miller and Nick Cascione of Choice met with Fred Beckmann and Alberto Zamora,
of the City of Miami Beach on Tuesday, May 19, 2009 to provide background
information about Choice and the pending transaction with Davis and to understand the
City of Miami Beach's concerns and areas where the services provided to the City
under the Franchise Agreement need to be improved.
They (Choice representatives) understood the City's concerns to be the following:
1. Age and condition of fleet used to service the City- It is Choice intention to
upgrade the fleet.
2. Provision of waste/roll-off containers for special events (they will provide special
event roll-off containers using City's specifications).
3. Attachment B (In-Kind Service) of the Service Agreement and future services to
be provided such as recycling receptacles in right of way and in city facilities.
As mentioned during our meeting, Choice is interested in being a long term solid waste
service provider. As such Choice realizes and acknowledges that to achieve that
objective they need not only to make additional capital investments in the business, but
plan on being active and involved in the events and affairs of the communities that they
operate within. They are excited about being a part of the growth and success of the
City of Miami Beach.
D
AGREEMENT OF ACCEPTANCE
OF
ASSIGNMENT
OF
CITY OF MIAMI BEACH WASTE CONTRACTOR FRANCHISE
LICENSE/AGREEMENT
For Ten ($10.00) Dollars and other good and valuable consideration, the
receipt of which is hereby acknowledged, Davis Sanitation, Inc. (Assignor) does
hereby assign to Choice Environmental Services of Miami, Inc. (Assignee), all of
Assignor's right, title and interest in and to that certain franchise waste
contractor's license agreement granted by the City- of Miami Beach, pursuant to
Resolution No. 2008-26923 (the Franchise Agreement).
The parties acknowledge that this assignment is subject to, and
conditioned upon, the express approval of the City Commission of the City of
Miami Beach.
Assignee does hereby confirm that it intends to fulfill the obligations
imposed upon it by virtue of the assignment of the Franchise Agreement. By
acceptance of this assignment, Assignee agrees to be subject to and bound by
all the terms, conditions and limitations imposed by the Franchise Agreement; all
applicable provisions of the City's Solid Waste Ordinance, as codified in Chapter
90 of the Miami Beach City Code (and as same may be amended from time to
time); and that certain separate agreement between the City of Miami Beach and
Assignor for the provision of additional public waste collection and disposal and
recycling services (as also approved by the City pursuant to Resolution No.
2008-26923 and which is intended to run concurrent with the Franchise
Agreement).
Assignor does hereby represent and warrant that said assignment shall
always remain with full recourse to Assignor, who in accordance with the terms of
Section 90-192(f) of the City Code, does guaranty to the City of Miami Beach the
performance of Assignee with regard to Assignee's duties and obligations in
connection with the Franchise Agreement.
., D --
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The parties hereto have executed this Agreement this day of
2009.
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Davis Sanitation, Inc.
By:
President
Print Name
Attest:
Secretary
Print Name
On this day of , 2009, before me personally appeared,
as of Davis
Sanitation, Inc., who is personally known to me or produced
as identification and who did take an oath and
deposes and says, that he/she executed the above instrument and he/she
acknowledged to me that he/she has the legal authority to execute the same.
My Commission Expires:
2
NOTARY PUBLIC
Print Name of Notary
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Choice Environmental Services
of Miami, Inc.
By:
President
Print Name
Attest:
Secretary
Print Name
On this day of 2009, before me personally
appeared, as of
Choice Environmental Services of Miami, Inc., who is personally known to me or
produced as identification and who did take an
oath and deposes and says, that he/she executed the above instrument and
he/she acknowledged to me that he/she has the legal authority to execute the
same.
My Commission Expires:
3
NOTARY PUBLIC
Print Name of Notary