Amendment No. 1 to the Agreementy-ly Iv 20/0-27 37 G
AMENDMENT NO. 1 TO THE SERVICE AGREEMENT
BY AND AMONG
CITY OF MIAMI BEACH, FLORIDA
AND
WASTE SERVICES OF FLORIDA, INC.;
CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.;
WASTE MANAGEMENT OF DADE COUNTY NORTH; AND
GENERAL HAULING SERVICES, INC.
FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES, AND COLLECTION OF
RECYCLING MATERIALS AT CITY OWNED
PROPERTIES, PARKS, RIGHTS OF WAY, AND OTHER PUBLIC FACILITIES AND
PROPERTY(IES)
AMENDMENT NO. 1 TO THE SERVICE AGREEMENT BY AND AMONG THE
CITY OF MIAMI BEACH AND WASTE SERVICES OF FLORIDA, INC.;
CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.; WASTE
MANAGEMENT OF DADE COUNTY NORTH; AND GENERAL HAULING
SERVICES, INC. FOR ADDITIONAL SOLID WASTE COLLECTION
SERVICES, AND COLLECTION OF RECYCLING MATERIALS AT CITY
OWNED PROPERTIES, PARKS, RIGHTS OF WAY, AND OTHER PUBLIC
FACILITIES AND PROPERTY(IES)
This Amendment No. 1 is made as of this day of , 2010, by and
between the CITY OF MIAMI BEACH, FLORIDA (City), a municipal corporation
having its principal office at 1700 Convention Center Drive, Miami Beach, Florida,
33139 (City), and WASTE SERVICES OF FLORIDA, INC., CHOICE
ENVIRONMENTAL SERVICES OF MIAMI, INC., WASTE MANAGEMENT OF
DADE COUNTY NORTH, AND GENERAL HAULING SERVICES, INC., jointly
and severally (collectively the Contractors), for the purpose of providing additional solid
waste collection services and collection of recyclable materials at City facilities, parks,
rights of way and other City-owned property(ies) within the City of Miami Beach city
limits (collectively, the Collection Area), and such other services as may be required by
the City, and as more particularly set forth herein.
RECITALS:
WHEREAS, Chapter 90 of the City Code is the City's Solid Waste Ordinance
(the Solid Waste Ordinance or the Ordinance); and
WHEREAS, Sections 90-229 through 90-235 of the Ordinance pertain to the
selection criteria, term, and other requirements and regulations pertaining to the City's
franchise waste contractors for residential (multi-family) and commercial solid waste
collection and disposal; and
WHEREAS, Section 90-239 of the Ordinance provides that the City may issue
up to five (5) franchises to 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 franchise agreements with
1) Waste Management of Dade County North; 2) Republic Services of Florida; 3) Waste
Services, Inc.; and 4) Davis Sanitation; all for an initial term commencing on October 1,
2009, and ending on September 30, 2011; and
WHEREAS, on February 25, 2009, the Mayor and City Commission adopted
Resolution No. 2009-27020, approving a franchise agreement with General Hauling
Services, Inc.; also with an initial term ending on September 30, 2011; and
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WHEREAS, concurrent with the approval of the aforestated franchise
agreements, said franchise waste haulers also entered into and executed a Service
Agreement with the City, which runs concurrent with the initial term of the franchises,
for the provision of additional public waste collection and disposal (and recycling)
services (the Service Agreement); and
WHEREAS, the franchise previously held by Davis Sanitation, Inc., has been
assumed by Choice Environmental Services of Miami, Inc., the assignment was approved
by the Mayor and City Commission on June 5, 2009, pursuant to Resolution No. 2009-
27084; and
WHEREAS, the waste hauling division of Republic Service of Florida (d/b/a All
Service-Miami Dade Division) has been assumed by Waste Services of Florida, Inc.; and
WHEREAS, consequently, there are currently four (4) franchise waste
contractors in the City: 1) Waste Services of Florida, Inc.; 2) Choice Environmental
Services of Miami, Inc.; 3) Waste Management of Dade County North; and 4) General
Hauling Services, Inc. (the Contractors); and
WHEREAS, the City Administration has been in discussion with the Contractors
regarding 1) an amendment to the Ordinance which would extend the initial franchise
term; and 2) an amendment to the Service Agreement which would include the provision
(by Contractors) of more additional public services and benefits to the City; and
WHEREAS, at its regular meeting on March 10, 2010, the Mayor and City
Commission approved, on first reading, an amendment to the Solid Waste Ordinance,
which provided, in part, for an extension of the allowable initial franchise term from three
(3), to five (5) years; and
WHEREAS, the Contractors have also requested, and the City has agreed, that,
as further and additional consideration for Contractor's agreement to amend the Service
Agreement to include more additional public services and benefits, the number of
franchise waste contractors for solid waste collection and disposal shall remain at four (4)
for the remainder of the initial term of the existing franchises; provided, however, that if
the number drops to less than four (4) at any time during the term, then the City
Commission may select a new franchisee (or franchisees) to bring the number back to
four; and
WHEREAS, accordingly, in conjunction with second and final reading of the
aforestated amendments to the Solid Waste Ordinance (which is currently scheduled for
April 14, 2010), the City and Contractors have agreed to amend the Service Agreement in
accordance with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration received, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The aforestated recitals are true and correct and incorporated by reference herein.
2. The Service Agreement shall be amended to replace all references (in the title and
every reference thereafter) to Davis Sanitation, Inc., with Choice Environmental
Services of Miami, Inc.
3. All references in the Agreement (in the title and every reference thereafter) to
Republic Services of Florida (d/b/a All Service-Miami Dade Division) shall be
deleted.
4. Section 4.1 of the Service Agreement, entitled "Term," is amended to read as
follows:
4.1 The term of the Agreement shall be for a~ee{~} five 5 year period
shall be deemed to have commenced on sei~e~ci-n'-, °~+^ +'~
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°, ., , ., p....w... .~... .,....
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nor r+ ,.~ n..,lo r,.,,.,+., T.T,,,.+>, .-o+r„~,.+;.ra>3, n,.+„r.o.. 1 nnn4
tn,....w.o~,.o..,o.,+ r~.,+o\ .,,1 +o...,,;,,~+;,,,, ,,,, c,,..+o...r.o.. ~n nnl 1 n.. +,.
> r ~.,...,,.,. ~ .,, ., ... ..., ..,
<zx~ cmrtr-aaEtvfQ~3G'rs'~lrrnum'1xn"zg~'2FViE2, T...,. +T.o +ov.k, ~T..,11 .. ....°. On
^ ~~~l~o° October 1, 2009 (Commencement Date), and shall terminate
on September 30, ~~ 2014.
5. Section 5.13 of the Service Agreement, entitled "Recyclable Materials," shall be
amended to read as follows:
Those materials which are capable of being recycled and which would otherwise
be processed or disposed of as solid waste. Any recyclable material mixed with
solid waste shall be considered to be solid waste.
6. Section 25 of the Service Agreement (previously, erroneously identified as
"Section 31" in the Service Agreement, and now corrected herein), entitled
"Notices and Changes of Addresses," shall be amended to read as follows:
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CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.
2860 STATE ROAD 84 -SUITE 103
FT. LAUDERDALE. FLORIDA 33054
ATTENTION: GLEN MILLER
7. Section 32 of the Service Agreement (entitled "Independent Parties"), which was
erroneously numbered is hereby correctly renumbered as Section 31.
8. Exhibit "B" of the Service Agreement is amended to add Exhibit "B-1," attached
hereto, which exhibit shall delineate the additional services and public benefits
Contractors have agreed to provide pursuant to this Amendment No. 1.
9. No Further Modifications. Except as provided in this Amendment No. 1, the
Service Agreement remains unmodified and in full force and effect.
[SIGNATURE PAGES TO FOLLOW]
F:\attoWGUR\AGREEMEN"I1Solid Waste -Amendment No. 1 to Service Agreementdoc
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
By: ~/ ~ ~~
City Clerk o Mayor
[CONTRACTORS' SIGNATURES TO FOLLOW]
l- ~o
;~
ata
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APPROVED AS TO
FORM & LANGUAGE
FOR CONTRACTOR: CHOICE ENVIRONMENTAL SERVICES
OF MIAMI, INC.
ATTEST:
By:
Secretary President
Corporate Seal
i
8
aO~D_~~.~-7~
FOR CONTRACTOR: WA~'r'~' ~YIANGEMENT OF DADS COUNTY
_ _ __, A DIVISION OF WASTE
MANAGEMENT, INC. Q F FLORIDA
ATTEST:
By:
'r.
Assistants ~ Vice Pre dent
Corporate Seal
i l
/, `
9
FOR CONTRACT012:
ATTEST:
13y:
Secretary
Corporate Seal
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WASTE SERVICES OF FLORIDA, INC.
Exhibit "B-1"
ADDITIONAL SERVICES AND PUBLIC BENEFITS TO BE PROVIDED
Upon execution of this Amendment No. 1 by the parties hereto, and thereafter throughout
the Term of the Service Agreement, Contractors shall provide the City with the following
additional services and public benefits (which services and benefits shall be in addition to
those being currently provided by Contractors pursuant to the existing Exhibit "B" of the
Service Agreement):
1) The Contractors shall provide the City with two (21 hazardous material pickup
events der year at sites to be specified and approved by the City Manager.
2) Upon its execution of this Amendment No. 1, and thereafter on October ls` of
each year during the Term of the Service Agreement, each Contractor shall
provide the City with an annual cash contribution, which sum shall be equivalent
to the latest and most current purchase price of fifteen (15) of the urban style
recyclin~ containers utilized by the City.
3) The Contractors shall prepare and distribute to all franchise accounts in the City a
common brochure that explains recyclin~ options and Miami-Dade County
recvclin<~ requirements.
4) The Contractors shall reimburse the City for security services that are provided at
each of the "Wasteful Weekend" sites held in the City each month.
5) Each Contractor with the exception of General Hauling Services Inc.' shall pay
to the City one half of a percent (.5°/0) of its gross revenues in the City, to be used
by the City to establish a fund for the implementation of sustainable initiatives in
the City of Miami Beach (which initiatives shall be as approved by the City
Commission in its sole and reasonable discretion). The initial contribution shall
increase in each of the next two (2) years of the Term, by an additional one half
percent (5%) each year (i.e. until a total contribution of one and a half percent of
cross revenues is reached and shall be due in the third year). The contribution
will be payable and due at the time of and in conjunction with, Contractors'
franchise fee payments to the City.
6) Upon its execution of this Amendment No. 1 and thereafter on October l st of
each year during the Term each Contractor shall pay to the City $75,000 per year
for support of educational programs in the City (in such time, place and manner as
determined by the City Commission in its sole and reasonable discretion).
General Hauling Services, Inc., by virtue of the City's 2009 approval of General Hauling Services as a
franchise waste contractor, and under the terms of its existing franchise agreement, currently pays one and
a half percent (1.5%) per year of its gross revenues in the City.
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