Choice Environmental Services of Miami, Inc. Agreementaol~- 2~~(2 ~
SERVICE AGREEMENT FOR COLLECTION AND DISPOSAL OF RESIDENTIAL
SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S
GREEN WASTE FACILITY
This Agreement is entered into this 9~ day of ~uu~ 2010, by and between CHOICE
ENVIRONMENTAL SERVICES OF MIAMI, INC., a Florida corporation with offices at
13300 N.W. 38`" Court (Contractor), and the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation with offices at 1700 Convention Center Drive, Miami Beach, Florida,
33139 (City), for the purpose of providing for residential solid waste, yard trash, and bulk waste
collection and disposal services within the City of Miami Beach city limits (Collection Area),
operation of the City's Green Waste Facility, and other such services as required by the City-and
as more particularly set forth herein.
RECITALS:
WHEREAS, the City's current agreement for the collection and disposal of residential
solid waste, yard trash and bulk waste and for operation of the City's Green Waste Facility
expired on December 31, 2009, and is currently continuing on a month to month basis; and
WHERAS, on October 14, 2009, the City issued Request for Proposals No. 60-08/09
entitled,- "Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and
Operation of the City's Solid Waste Facility" (the RFP); and
WHEREAS, at its regular meeting on February 3, 2010, the Mayor and City
Commission authorized the Administration to negotiate with the two (2)top-ranked proposers pursuant
to the RFP, including Contractor; and
WHEREAS, the City and Contractor have negotiated the foregoing agreement to provide for
residential solid waste, yard trash, bulk waste collection and disposal services, and operation of
the City's Green Waste Facility, as more fully set forth herein (the Agreement).
GENERAL INFORMATION
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into this
Agreement.
2. [Intentionally Omitted]
3. COMMENCEMENT OF SERVICES
The .work and services outlined herein (the Services) shall commence immediately upon
Contractor's receipt of a Notice to Proceed by the City but, in any event, no later than September
1, 2010 (Commencement Date).
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4. TERM
4.1.1 Initial Term: The initial term of the Agreement shall commence on the Commencement
Date, and terminate on August 31, 2015.
4.2 Renewal: Provided Contractor is not in default under the Agreement, the City
Commission may elect, at its sole option and discretion, to renew the Agreement, subject to the
same (or better) terms and conditions set forth herein, for up to three (3) consecutive one-year
renewal terms, by giving Contractor written notice of such renewals at least thirty (30) days prior
to the end of the previous term. At a minimum, any renewal term shall be at the same cost to the
City as the immediately preceding term.
5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee designated in writing by the City Manager to
represent the City in the day-to-day administration and supervision of this Agreement and who,
for purposes of this Agreement, shall be the City's Director of Sanitation. The Authorized
Representative shall be authorized to coordinate, direct, and review all matters related to the
Services and this Agreement. The Authorized Representative shall be authorized to transmit
instructions, receive information, and interpret and define City policies and decisions with
respect to the Services and the Agreement. However, the Authorized Representative is not
authorized to issue any verbal written orders or instructions to Contractor that would have the
effect (or be interpreted as having the effect) of materially modifying or changing the Services;
the Term; or the amount of compensation the City is obligated or committed to pay Contractor.
Additionally, the Authorized Representative is not authorized to issue any orders, instructions,
decisions, and/or approvals (whether written or verbal) where the Agreement expressly reserves
any or all of the aforestated to the City Manager and/or the City Commission.
5.2 Biohazardous Waste: Any waste which may present a threat of infection to humans. The
term includes, without limitation, non-liquid human tissue and body parts, laboratory and
veterinary waste which contains human-disease-causing agents, used disposable sharps, human
blood, human blood products, body fluids, and other materials representing a significant risk of
infection to persons. The collection of Biohazardous Waste is not included in the scope of
services for this Agreement.
5.3 Bulk Waste: Any lazge item(s) of household refuse including, without limitation,
appliances, furniture, accumulations from major tree cutbacks (exceeding ten (10) inches in
diameter and four (4) feet in length or, in any event, which cannot be cut for placement in a
garbage bag or container, or bundled, due to the materials exceeding the weight and size
restrictions for regular trash collection, as provided in this Agreement). Bulk waste shall be of a
type as to be readily handled by the mechanical equipment of the Contractor. Bulk waste does
not include any matter or debris resulting from tree removal, land clearing, land development,
building construction or demolition, automobiles, automotive components, boats, or internal
combustion engines.
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5.4 City: The City of Miami Beach, Florida, and its authorized representatives.
5.5 City Manager: The City Manager of the City of Miami Beach, Florida.
5.6 Construction and Demolition Debris: Discarded material(s) generally considered not to
be water-soluble or hazardous, including, without limitation, steel, concrete, glass, brick,
asphalt, pipe gypsum wallboard, or lumber from a construction or demolition project, and also
including rocks, soils, tree remains, and other vegetative matter which normally results from land
clearing or land development operations for a construction project.
5.7 Contractor: The business entity with whom the City has executed this Agreement for
performance of the Services and its duly authorized representative(s). As used in this
Agreement, the term "Contractor" shall also include any successors and/or assignees.
5.8 Disposal Costs (may also be referred to as "tipping fees"): The fees charged to
Contractor for disposal of solid waste.
5.9 Garbage: Every refuse accumulation of animal, fruit, vegetable, or organic matter that
attends the preparation, use, cooking, consumption, storage, or dealing of meats, fish, fowl, fruit
or vegetables, and other foodstuffs (including packaging materials), 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 for collection of solid waste which has been
approved for use in the Collection Area by the Authorized Representative, and made of
galvanized metal, durable plastic or other suitable material of a capacity not less than ten (10)
gallons, but not to exceed thirty (30) gallons. Such container shall have two (2) handles upon the
sides thereof, or a bail, by which it may be lifted, and a tight fitting solid top.
5.11 Hazardous Waste: Any waste which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a
substantial present or potential hazard to human health or the environment when improperly
transported, disposed of, stored, treated, or otherwise managed. Hazardous Waste is not included
in the scope of services for this Agreement.
5.12 Household Furniture: All movable compactable articles or apparatus, such as chairs,
tables, sofas, mattresses, etc., for equipping a residence.
5.13 Household Trash: All accumulations of paper, magazines, packaging, containers,
sweepings, and all other accumulations of a nature other than garbage or yard trash, which are
usual to housekeeping, as well as to the operation of stores, offices, and other places of business.
Household trash shall include, without limitation, small appliances, small furniture, yard toys,
and building material waste from remodeling and home repair projects. Waste generated by
general contractors (or their subcontractors) shall not be considered household trash.
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5.14 Industrial Waste: Any waste including, without limitation, oil, grease and petroleum,
generated by construction, manufacturing, processing, land clearing, and demolition projects,
and excavation of structures, roads, streets, sidewalks, or parkways. Industrial waste is not
included in the scope of services for this Agreement.
5.15 Infectious Waste: Those wastes including, without limitation, diseased human and
animal parts, contaminated bandages, pathological specimens, hypodermic needles,
contaminated clothing, and surgical gloves, which may cause disease, or may reasonably be
suspected of harboring pathogenic organisms. Infectious Waste is not included in the scope of
services for this Agreement.
5.16 Landfill: Any land disposal facility, for which a permit (other than a general permit) is
required pursuant to Section 403. 707, Florida Statutes (as same may be amended from time to
time), that receives solid waste for disposal in or upon the land, other than gland-spreading site,
injection well, or surface impoundment.
5.17 Loose Refuse: Any refuse stored in and collected from any type of container other than a
mechanical container or garbage can or container. Refuse which is also collected from the
ground is considered loose refuse.
5.18 Mechanical Container: Any detachable metal container designed or intended to be
mechanically dumped into aloader/packer type of garbage truck.
5.19 Multiple Dwelling Units: Any building containing two (2), but not more than eight (8),
permanent living units, but not including hotels and motels. Buildings containing over eight (8)
living units are classified as commercial accounts and are not included in the scope of services
for this Agreement.
5.20 Performance Bond: The form of security furnished by Contractor, and approved by the
City, as a guarantee that Contractor will execute the Services in accordance with the terms of this
Agreement.
5.21 Proposal Documents: City Request for Proposals No. 68-08/09, any addendums and
exhibits thereto, and Contractor's proposal in response thereto.
5.22 Recyclable Materials: Those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
5.23 Rec, cy ling: Any process by which recyclable materials are collected, separated, or
processed and re-used or returned to use in the form of raw materials or products.
5.24 (Single Family) Residence: A detached building designed for or occupied exclusively by
one person or family.
5.25 Refuse: All garbage and trash including, without limitation, paper, glass, metal, and
other discarded matter, but excluding recyclable materials.
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5.26 Refuse Regulations: Those administrative rules, regulations, and procedures as may be
established from time to time, including those prescribed by the City from time to time, for the
purpose of carrying out or effectuating the provisions of this Agreement.
5.27 Remodeling_and Home Repairs Trash: Waste materials accumulated by a homeowner,
tenant, or occupant during the course of aself-performed home improvement project including,
without limitation, carpeting, cabinets, drywall, lumber, paneling, and other construction related
materials. Such materials shall be prepared for collection in lengths not to exceed five (5) feet or
fifty (50) pounds in weight. Carpeting will only be picked up if cut to lengths of six (6) feet or
less, and bundled.
5.28 Residential Service: The solid waste collection and disposal service provided to
residences and multiple dwelling units within the Collection Area which are not receiving
commercial service.
5.29 Solid Waste: Garbage, bulky waste, construction & demolition debris, special waste,
white goods, yard trash (regular and bulk), household furniture, household trash, refuse,
remodeling and home repairs trash, and any and all other discarded materials the which
Contractor is (or may be) required to collect and dispose of pursuant to the terms of this
Agreement.
5.30 Solid Waste Disposal Facility: Any facility which is the final resting place for solid
waste, including landfills and incineration facilities.
5.31 Special Pick-Up: Garden trash, tree and shrubbery trash, and any other household debris
which is not ready to be picked up on the scheduled bulk trash pick up day, or the second
scheduled garbage pick up day, per week. Special pick-ups shall be at the customer's expense,
and shall be scheduled between the customer and Contractor. Contractor shall collect any fees
for special pick-ups directly from the customer.
5.32 Special Waste: Waste that can require special handling and management, including,
without limitation, asbestos, whole tires, used tires, used oil, lead-acid batteries, biological waste,
infectious waste, hazardous waste, loose refuse, industrial waste, and construction and
demolition debris.
5.33 [Intentionally Omitted]
5.34 White Goods: Discarded refrigerators, ranges, water heaters, freezers, small air
conditioning units, and other similar large domestic appliances.
5.35 Yard Trash -Regular: Any and all accumulations of grass, palm fronds, leaves,
branches, shrubs, vines, trees, tree stumps, and other similar items generated by the maintenance
of yards and gardens, and by landscaping. Such trash shall be bundled or placed in containers
which are susceptible to normal loading and collection in the same manner as other residential
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solid waste. No yard trash shall be in excess of four (4) feet in length or four (4) inches in
diameter. No bundle or filled container shall exceed fifty (50) pounds in weight.
5.36 Yazd Trash -Bulk: Large cuttings of vegetative and wood matter which are part of
normal yard maintenance and landscaping and which cannot be cut for placement in a container,
or bundled due to the materials exceeding the weight and size restrictions for regulaz yazd trash.
Bulk yard trash shall be of a type so as to be readily handled by the mechanical equipment of the
Contractor. Bulk yazd trash shall not exceed six (6) feet in length. Bulk Yazd trash shall not
include any form of matter or debris resulting from tree removal, land clearing, land
development, building demolition, or home remodeling and/or repairs, and shall also not include
automobiles and automotive components, boats, and internal combustion engines.
6. GENERAL CONDITIONS
6.1 Pre-Start Route Familiarization: The Contractor hereby certifies to the City that it shall
be completely prepazed to start collection, and any and all other Services required under this
Agreement, no later than the Commencement Date. Prior to the Commencement Date,
Contractor shall meet with the Authorized Representative for the purpose of familiarizing
Contractor and, without limitation, Contractor's drivers, collectors, and other key personnel, with
City routes, collection points, and any other points of service in the Collection Area.
6.2 Comprehensive Notification: Prior to the Commencement Date, and thereafter, at least
annually during the Term of this Agreement, on the anniversary of the Commencement Date (or
such other date as may first be approved, in writing, by the City Manger), Contractor shall
provide comprehensive, written notice to all customers within the Collection Area; which notice
shall include, without limitation, notice of start date, routes and schedules, description of
services, customer service numbers, and any changes to collection schedules and/or routes. The
form of any and all notices required under this subsection must be approved, in writing, by the
Authorized Representative, at least two (2) weeks prior to the required date of issuance for same.
6.3 Resources: The Contractor shall provide, at its sole cost and expense, all labor, and
equipment (including, without limitation, collection trucks and any other vehicles) and any other
items, as necessary, to perform the Services in accordance with, and compazable to, first-class
standazds for collection and disposal of solid waste, as contemplated under this Agreement.
6.4 Protection of Adjacent Property and Utilities: The Contractor shall diligently prosecute
the Services and conduct all work and services related thereto in such a manner so as to avoid
damage to private or public property(ies) in the Collection Area, Contractor shall be solely
responsible for any damage or destruction to such property(ies) which is caused by Contractor's
operations. Contractor shall immediately repair (or pay for repair of) damage incurred as a result
of its operations. Without limiting the generality of the foregoing, the Contractor shall take
cognizance of all existing utilities; shall operate with due care in the vicinity of such utilities; and
shall immediately repair (or pay for repair of) any utility(ies) breakage or damage caused by its
operations.
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6.5 Sip llage: The Contractor shall not litter or cause any spillage to occur on any private or
public property(ies) including, without limitation, any rights-of--way, in the Collection Area.
During hauling, all solid waste shall be contained, tied, or enclosed so that spillage is prevented.
The Contractor shall immediately clean up any spillage. If the Contractor fails to promptly clean
up any spillage, the City may, at its sole option and discretion, but not its obligation, clean-up
such spillage, and bill the Contractor for the cost for same.
6.6 Method of Collection: Contractor shall make collections with a minimum of noise and
disturbance to the customer and the neighborhood.
Staging will not be permitted. "Staging" is defined as placing cans or containers, bags,
and yard trash at one location ahead of the servicing truck.
Garbage cans or containers shall be handled carefully; shall not be bent or otherwise
abused; shall be thoroughly emptied; and then left at the point of collection. Metal cans shall be
replaced upright with covers securely and properly in place, or inverted with covers placed
topside on the ground, next to the container. Plastic cans shall be inverted with covers placed
topside on the ground, next to the container. Any receptacle found in a rack, cart, or enclosure of
any kind shall have the lid securely placed on top of said receptacle.
In the event of damage to garbage receptacles caused by Contractor, other than normal
wear and tear, Contractor shall be solely responsible for the prompt repair or replacement of said
receptacles, which, in any event, shall be no later than seven (7) days from Contractor's receipt
of notice (whether verbal or written) from customer and/or Authorized Representative (as the
case may be).
6.7 The City Manager reserves the right to deny Contractor's trucks/vehicles access to any
streets, bridges, alleys, or other rights of way in the Collection Area, in the event that the
Manager determines, in his/her sole and reasonable judgment and discretion, that it is in the best
interest of the City to do so because of the condition of the affected street, bridge, etc.
The Authorized Representative shall use reasonable efforts to notify Contractor of street
closures. If a street closure impacts, or could potentially impact, a route or schedule within the
Collection Area, Contractor shall be responsible for immediately notifying the Authorized
Representative, so that (if required) alternate arrangements for service may be made in such
manner as shall cause the least disruption to customers. Notwithstanding the preceding, no
collection route and/or schedule shall be changed (from the regular schedule) because of street
closures of less than eight (8) hours in duration.
6.8 Contractor hereby acknowledges that the City has embarked on an aggressive, City-wide
Capital Improvements Program (CIP) which includes, without limitation, extensive roadway and
streetscape, water and sewer, and stormwater and drainage improvements. The Authorized
Representative shall use reasonable efforts to notify Contractor of all CIP construction activities
within the Collection Area.
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6.9 Notwithstanding anything in this Agreement, including, without limitation, subsections
6.7 and 6.8 hereof, it shall be Contractor's sole and exclusive obligation and responsibility to
ensure that the regular collection schedule and routes, and quality of the Services is not
interrupted, and is provided in accordance with the first-class standards contemplated under this
Agreement.
6.10 Holidays: Contractor shall not be required to provide collection services on Christmas
day. For those customers whose service was missed, regular waste collection services will
resume on the next regularly scheduled pick-up day. Should Christmas day fall on a Saturday or
Sunday, the Contractor is expected to work as regularly scheduled, Monday through Friday.
6.11 Storms: In case of a storm, the Manager may, in his/her sole and reasonable judgment
and discretion, grant Contractor a temporary variance from the regular collection routes and
schedules. Notwithstanding the preceding, Contractor must make all such requests to the City
Manager, in writing; and the Manager shall have the sole and exclusive discretion to determine
whether a variance will be granted (and whether same is reasonable under the circumstances). If
granted the aforestated variance, the Contractor shall advise the City and customers in the
Collection Area of the estimated time before regular collection routes and schedules can be
resumed.
The City Manager, in his/her sole and reasonable judgment and discretion, may require
Contractor to provide additional services following a storm, which may require additional
equipment and/or hiring of extra crews, in order to effectuate the efficient and rapid clean-up of
the City. In such cases, Contractor shall be entitled to additional compensation, as set forth in
Ez6ibit "A" hereto; provided that the City Manager has authorized Contractor to proceed with
such additional services and, accordingly, Contractor has first obtained the prior written
authorization of the Manager.
6.12 Collection Equipment: All equipment shall be obtained from nationally known and
recognized manufacturers of garbage collection and disposal equipment. Trucks shall be of the
enclosed loader/packer type. All equipment shall at all times be maintained in good repair,
working order, and appearance; kept in sanitary and clean condition; and be operated in
accordance with the highest levels of safety and caution.
Trucks/vehicles are to be uniformly painted with the name of the Contractor, business
telephone number, and the number of the truck/vehicle in letters not less than five (5) inches high
on each side of the truck/vehicle. All trucks and vehicles shall be numbered and a record kept of
the truck/vehicle to which each number is assigned. The City's logo shall be displayed on all
trucks/vehicles. No advertising shall be permitted on trucks/vehicles, except as provided in
Section 11.3 hereof.
The Contractor shall have available reserve equipment which can be put into service
within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment regularly used by the Contractor to perform the Services.
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A list of the Contractor's equipment shall be provided to the Authorized Representative
within thirty (30) days following the Commencement Date and, thereafter, an updated list shall
be provided each year during the Term, at the time of each annual audit.
As additional consideration for the City to enter into this Agreement, Contractor agrees to
provide four (4) new trucks; which trucks shall be provided and deployed within the Collection
Area no later than ninety (90) days from the Commencement Date. In the event that any of the
aforestated trucks are replaced during the initial term of the Agreement, Contractor shall replace
it with a "Compressed Natural Gas" (CNG) fueled truck.
All Contractor's equipment, including replacement equipment, will be located in the
Contractor's facility in Opa Locka.
6.13 Refuse Quantities: Contractor hereby represents and warrants to the City that it has
reviewed the City's waste collection and disposal records and understands that, at certain times
during the year, the quantity of waste to be disposed of is materially increased by such factors
including, without limitation, the influx of visitors, special events, acts of weather due to
seasonal changes, etc. Contractor hereby agrees that these fluctuations will not be justification
for Contractor to fail to maintain the regular collection schedules and routes; justify a rate
increase; or otherwise result in Contractor's failure to provide the Services, in accordance with
the first-class standards contemplated under this Agreement.
6.14 Disposal at a Miami-Dade County Solid Waste Disposal Facility: Contractor hereby
represents and warrants to the City that all solid waste collected by it pursuant to this Agreement
will only be disposed of at an approved Miami-Dade County Department Solid Waste disposal
facility. In the event Contractor desires to dispose of and/or relocate solid waste collected
hereunder from a Miami Dade County Solid Waste disposal facility to another facility, it must
notify the Authorized Representative, in writing, prior to doing so, and, further, must obtain the
prior written approval of the Authorized Representative.
7. RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES
7.1 Services: Contractor shall provide residential solid waste collection and disposal services
to all single family residences and multiple dwelling units within the Collection Area.
In the event the Contractor is unable to provide any collection service(s), as required in
this Section 7, it shall leave a written notice, in the form of a "door hanger," on the particular
single family residence or multiple dwelling unit, explaining why the service(s) could not be
provided.
Contractor shall also, during regular pick-ups, clean swale and median areas within the
Collection Area, of all accumulated palm fronds and fallen branches.
As the Contractor's trucks make their service routes throughout the City, the Contractor
will notify the Authorized Representative of any suspected illegal dumping.
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Residential routing shall be conducted at such times so as to not impact traffic flow on
major arteries during peak times.
7.2 [Intentionally Omitted]
7.3 Frequency of Collection: Contractor shall collect solid waste from residences (single
family and multiple dwelling units) within the Collection Area at least two (2) days per week,
with collections at least three (3) days apart.
Contractor shall collect Regular Yard Trash at curbside on every scheduled garbage pick
up day of the week.
7.4 Hours of Collection: Collection hours shall begin no earlier than 7:00 A.M., and shall
cease no later than 7:00 P.M.
In the case of an emergency, collection may be permitted outside of the collection hours
set forth above, subject to the prior written or verbal approval of the Authorized Representative.
Verbal approval must be confirmed by written approval (as soon as practicable thereafter).
Should the Contractor not obtain (and, in the case of verbal approval, confirm) the required City
approval, it shall be conclusively presumed that such approval has not been given.
7.5 Point of Pick-up: Collection shall be at the residence (backyard or side yard), at ground
level, or curbside (but, as to the latter, only if placed there by the customer).
7.6 Receptacle: Contractor shall be required to pick up all solid waste which has been
properly containerized (or bundled, as the case may be) and placed for collection as follows: All
garbage, trash, and other refuse shall be placed in a garbage can or container or plastic disposal
bag, and shall be placed in the backyard, side yard, or at curbside. Household trash shall also be
placed in containers. Non-containerized trash shall be collected provided that it does not exceed
four (4) feet in length, nor be greater than fifty (50) pounds in weight for any piece or segment of
materials; is appropriately tied and bundled; and placed at curbside.
7.7 Routes and Schedules: As part of Contractor's pre-start route familiarization, as required
pursuant to subsection 6.1 hereof, the City shall provide Contractor with schedules for all
collection routes and schedules within the Collection Area. Thereafter, it shall be Contractor's
sole responsibility and obligation to maintain such information current at all times during the
Term.
As required in subsection 6.2 hereof, Contractor shall provide customers in the Collection
Area with written notice of routes and schedules prior to the Commencement Date, and,
thereafter, annually on the anniversary date of the Commencement Date.. Contractor shall also
be required to provide customers with written notice advising of any schedule and/or route
changes, prior to the implementation of same.
Notwithstanding the preceding paragraph, prior to any change in collection routes or
schedules, Contractor must obtain the Authorized Representative's prior written approval. Any
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and all changes (in routes or schedules) that alter apick-up day are also subject to the .prior
written approval of the Authorized Representative.
If approved (and in addition to the required individual notice to customers), Contractor
shall publish notice of any changes to routes and schedules, at its sole cost, in a newspaper of
general circulation in Miami-Dade County, at least seven (7) days prior to the effective date of
any such route or schedule change.
8. YARD TRASH (REGULAR AND BULK) COLLECTION SERVICES
8.1 Services: The Contractor shall collect all Regular Yard Trash and Bulk Yard Trash from
single family residences and multiple dwelling units within the Collection Area.
8.2 Frequency of Collection/Point of Pick-Up: The Contractor shall collect Regular Yard
Trash on the scheduled pick-up day, but at least two (2) days per week.
Contractor shall pick up all Yard Trash which has been properly prepared and placed for
collection as follows:
a) Regular Yard Trash will be collected two (2) days per week; shall be placed
adjacent to the pavement or travel way of the street; in containers or bundles (less
than fifty (50) pounds each and with dimension over four (4) feet each;
limbs/braches not greater than four (4) inches in diameter).
b) Bulk Yard Trash will be collected on a scheduled basis, at no additional charge.
Such service shall be provided up to four (4) times per year on dates scheduled
between the customer and Contractor. In the event of a dispute between
Contractor and a customer as to what constitutes Bulk Yard Trash, the dispute
will be reviewed and decided by the Authorized Representative, whose decision
will be final and binding upon all parties.
c) The Contractor shall clean swale and median areas adjacent to the Collection Area
of all accumulated palm fronds and bulky tree debris.
In the event Contractor is unable to provide any such collection services as required in
this Section 8, it shall leave a written notice, in the form of a "door hanger," on the particular
single family residence or multiple dwelling unit, explaining why the service(s) could not be
provided.
8.3 Within thirty (30) days of the Commencement Date, the Contractor shall establish a
public information program that will provide a broad and extensive understanding of the services
provided pursuant to this Section 8.
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9. BULK WASTE PICK-UP SERVICES
9.1 Services: Contractor shall collect from all single family residences and multiple dwelling
units in the Collection Area all household furniture, household trash, remodeling & home repair
trash, white goods, and/or other waste which cannot be cut for placement into a can or container
or plastic bag, or bundled, due to the material exceeding the weight and size restrictions for
regular trash collection (collectively, for purposes of this Section 9, all of the aforestated shall be
referred to as "Bulk Waste").
9.2 Frequency of Collection: The Contractor shall collect Bulk Waste only on dates
scheduled by Contractor directly with the customer. Contractor shall have a designated
telephone line to allow customers to schedule appointments for Bulk Waste pick-ups.
Notwithstanding the preceding paragraph, Contractor shall collect Bulk Waste a
maximum of four (4) times per calendar year, and up to twenty five (25) cubic yards, per pick-
up, for each customer. In the event that a customer presents more than 25 cubic yards of Bulk
Waste for collection in any scheduled pick-up, it shall be counted as an additional pick-up (for
every additional 25 cubic yards of waste material collected), as provided in the proceeding
paragraph.
In the event that a customer requests more than four (4) Bulk Waste pick-ups during any
calendar year, the Contractor shall schedule a special pick-up, and may charge the customer $20
per cubic yard for this service. Contractor shall charge customers directly. At no time shall the
City be responsible for any charge by Contractor to customers for additional Bulk Waste pick-
ups.
9.3 Collection Schedule: Contractor shall make the Bulk Waste pick-up within five (5)
business days from the date of receipt of an appointment request from the customer. Pick-ups
shall be completed on the appointment day; not before or after. Failure on the part of the
Contractor to effect apick-up on the scheduled date shall result in the assessment of a fine
against Contractor, as provided in Exhibit "B" hereto, unless otherwise excused, in writing, at
the sole discretion of the Authorized Representative.
Pick-ups will be scheduled as follows: South Beach on Mondays; Mid-Beach on
Tuesdays and Wednesdays; and North Beach on Thursdays and Fridays.
Contractor shall prepare and maintain, in accordance with a format approved by the
Authorized Representative, aregister of all Bulk Waste pick-ups. The register shall indicate the
date and time on which the pick-up request was received; the name and address of the customer
requesting the pick-up; the date of the scheduled pick-up; the schedule number assigned to the
pick-up; and confirmation of the completion of the pick-up. A copy of Contractor's daily Bulk
Waste pick-up register shall be provided (whether by fax or a-mail) to the Authorized
Representative at the end of each business day.
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In the event of a dispute between Contractor and a customer as to what constitutes Bulk
Waste, the dispute will be reviewed and decided by the Authorized Representative, whose
decision will be final and binding upon all parties.
10. OPERATION AND MANAGEMENT OF THE CITY'S GREEN WASTE
FACILITY
10.1 Location: The City's Green Waste Facility is located at 2800 Meridian Avenue, adjacent
to the Miami Beach Golf Course (the "Facility").
10.2 Description of Work: The Contractor shall be responsible for operating and maintaining
the Facility, at its sole cost and expense, including, without limitation, providing all necessary
manpower and equipment to collect dumping fees and to receive, control, secure, and dispose of
all Acceptable Materials (which, for purposes of this Section 10, is defined as only Clean Yard
Trash).
10.3 Hours of Operation: The Facility shall be open six (6) days per week, Monday through
Saturday, from 7:00 a.m. to 5:00 p.m. The Facility shall be closed on Thanksgiving, Christmas
Day, New Years Day, July 4th, and Labor Day. The Contractor will post the preceding
days/hours of operation (including days the Facility is closed) in a readily visible place at the
entrance of the Facility.
Days/hours of operation shall not otherwise be extended or shortened without the prior
written consent of the Authorized Representative. In the event that revised days/hours of
operation for the Facility are approved, the Contractor will be responsible for notifying all
customers within the Collection Area, in writing, at least two (2) weeks before such revised
hours of operation commence.
10.4 Eligible Users: The Facility shall be accessible to residents of the City of Miami Beach,
and landscape firms performing work within the city limits of the City of Miami Beach.
10.5 Personnel: At least one (1) designated employee of Contractor shall be on site at all
times to oversee the day-to-day operation and maintenance of the Facility. Without limitation,
the designated employee's duties shall include collection of dumping fees, and directing traffic to
where loads should be dropped, etc.
10.6 Records: The Contractor shall keep records, in such form and manner as shall be
mutually agreed upon by' Contractor and the Authorized Representative, of all ingoing and
outgoing Facility traffic.
10.7 Operations: The Contractor shall containerize all materials delivered to the Facility; shall
conduct a neat and orderly operation at all times; and shall be solely responsible for the
necessary housekeeping services to properly keep and maintain the Facility, and any equipment
and facilities thereon, in good working order and in clean, sanitary, and safe condition.
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No signs (other than the entrance sign described herein) shall be placed on the Facility
premises unless first approved, in writing, by the Authorized Representative. All signage shall
comply with the City's established signage criteria (as same may be amended from time to time).
10.8 The Contractor shall use its best efforts to assure that its operation of the Facility does not
interfere with the existing character of the surrounding residential neighborhood.
The Facility shall not be used as a storage for any other equipment or materials other than
what is required to operate the Facility.
10.9 Permits: The City has an operating permit from Miami-Dade County, Department of
Environmental Resources Management, provided as Exhibit "C" hereto. The Contractor shall
be responsible for full compliance with all the requirements of the operating permit.
10.10 Fee Schedule: The Contractor shall adhere to the following fee schedule:
Charge to Residents:
Cars (2 or 4 doors)
Pickups and SUVs
Van or Trailer
Charges to Landscape Finms:
Pickups
Van or Trailer
FREE
FREE
FREE
$12.00 per cubic yard
$12.00 per cubic yard
10.11 Adjustments: Upon thirty (30) days prior written notice to the City Manager, the fees set
forth in subsection 10.10 may be adjusted annually, on the anniversary date of the
Commencement Date, according to increases or decreases in the Consumer Price Index, All
Urban Areas (CPI-U), but, in the case of an increase, with an annual maximum adjustment not to
exceed three percent (3%).
10.12 All disposal shall be in accordance with current City, County, State and Federal laws and
regulations.
10.13 Indemnification: Contractor shall indemnify, defend and save the City harmless from
and against any and all claims or causes of action (whether groundless or otherwise), damage
injury, liability, cost and expense, of whatsoever kind of nature (including, but not by way of
limitation, attorney fees and court costs), by or on behalf of any person, firm or corporation, for
personal injury (including death) or property damage, or other, occurring on the Facility, or in
connection with Contractor's operation, management, maintenance, and/or any other activities
on or upon the Facility, occasioned in whole or in part by any of the following:
a) any act of omission on the part of the Contractor or any of its employees, contractors,
agents, invitees, or guests;
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b) any misuse, neglect, or unlawful use of the Facility by the Contractor, or any of its
employees, contractors, agents, invitees, or guests; and
c) any breach, violation, or non-performance of any undertaking by the Contractor, or
any of its employees, contractors, or agents, invitees, or guests under this Agreement.
Contractor further agrees to pay and for all damage to the Facility caused by the
Contractor or any employees, contractors, agents, guests or invitees.
Contractor shall have no obligation to indemnify, defend and hold harmless the City from
claims or causes of action, damage, injury, liability, cost and expense of whatsoever kind or
nature (including, but not by way of limitation, attorney fees and court costs) arising out of injury
to persons (including death), damage to property, or environmental contamination related to
operation of the Facility prior to the Commencement Date.
The provisions of this Section 10.13 shall survive the termination and/or expiration of
this Agreement.
11. OTHER SERVICES
11.1 Neighborhood Pride Weekend: On the first weekend of every month during the Term,
the Contractor will place four (4), twenty (20) yard roll off containers at such location or
locations in the City, as designated by the Authorized Representative. These containers shall be
provided for residents to bring Bulk Waste to the container placement locations for free disposal.
Containers must be delivered prior to 9:00 a.m. on Saturday, and picked up prior to 9:00 a.m. on
Monday. The Contractor will partner with the City to advertise the Neighborhood Pride
Weekends. There will be no additional cost to the City for this service.
11.2 Promotional Material: Within sixty (60) days from the Commencement Date, the
Contractor will provide corporate literature and promotional materials to assist the City with its
anti-litter program.
11.3 Public Advertisements: As directed by the City Manager, the Contractor will, at its sole
cost and expense, place City-approved, public advertisements on its collection trucks.
Contractor shall (also at its sole cost and expense) replace any such public advertisements with
new ones, every six (6) months during the Term.
11.4 Educational Contribution: Within thirty (30) days of the Commencement Date, and
thereafter in each year of the Term (on the anniversary of the Commencement Date), the
Contractor shall remit a $15,000 cash contribution to the City, to be used by the City for
expenses associated with the City's support of the International Baccalaureate Program.
11.5 Citywide Litter Cans: The Contractor will provide funding, in the amount of $20,000, for
the City to purchase litter cans as follows:
$10,400 by December 1, 2010;
$4,800 by December 1, 2011; and
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$4,800 by December 1, 2012.
11.6 Sustainabili~ and Green Initiatives: Contractor hereby agrees and acknowledges that the
City's consideration of, and reliance upon, Contractor's proposed Sustainability and Green
Initiatives, as attached and incorporated as Exhibit "E" hereto, was an important consideration
and incentive to City in the award and execution of this Agreement. Accordingly, commencing
on the Commencement Date and, thereafter, throughout the Term of this Agreement, Contractor
hereby .covenants and agrees that it shall implement and provide the Sustainability and Green
Initiatives set forth in Exhibit "E" including, in particular, those initiatives and measures set forth
in Section II of Exhibit "E," which delineate the "Miami Beach Specific Green Initiatives and
Measures," and which Contractor herein represents to City "... are specifically for the Ciry of
Miami Beach, not initiatives done in other parts of the State or Nation. These measures will
directly affect the quality of life for the residents of Miami Beach. They are sustainable and
attainable goals which Choice Environmental can track and report f rm results from these
efforts." (See Exhibit "E," Section II, paragraph 1).
12. QUALITY OF SERVICES.
12.1 Contractor's Representative: Prior to the Commencement Date, Contractor shall assign a
qualified person, who shall be subject to the prior written approved of the City Manager, such
approval not to be unreasonably withheld, to serve as Contractor's representative under this
Agreement (Contractor's Representative).
Contractor's Representative shall be authorized and responsible to act on behalf of
Contractor with respect to directing, coordinating, and administering all aspects of the Services
and of Contractor's obligations under this Agreement. Replacement (including re-assignment) of
an approved Contractor's Representative shall not be made without the prior written consent of
the City Manager.
Notwithstanding the preceding, Contractor also agrees, upon fifteen (15) days of receipt
of notice from the City Manager (which notice shall state the cause therefore), to promptly
remove and replace a Contractor's Representative. Any replacement shall also be subject to the
prior written approval of the City Manager, which approval shall not be unreasonably withheld.
In addition to Contractor's Representative, Contractor's supervisory personnel shall also
be available for consultation with the City Manager or Authorized Representative, upon
reasonable notice.
Contractor's Representative and supervisor(s) shall operate vehicles which are radio
equipped.
12.2 Customer Service Representative: Contractor shall specifically assign a primary and an
alternate person (Customer Service Representative) to handle customer service issues under this
Agreement including, without limitation, ensuring the prompt and satisfactory resolution of
customer complaints; handling customer inquiries and requests for information; and any other
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customer service related issues that may arise during the course of providing the Services
contemplated in this Agreement.
The Customer Service Representative shall also be responsible for faxing (or e-mailing)
the Bulk Waste pick-up and Customer Complaint registers to the Authorized Representative.
All complaints received by the City will also be forwarded to the designated Customer
Service Representative.
12.3 Conduct of Employees: Contractor shall keep a record of all employees' names,
numbers, and route assignments, so as to readily allow identification of employees at all times.
Contractor shall provide its list of current employees to the Authorized Representative, within
twenty-four (24) hours of a written request for same.
Contractor shall select, train and employ such number of employees as is necessary or
appropriate for Contractor to satisfy its responsibilities hereunder, and as required to perform the
Services in accordance with the first class standards contemplated under this Agreement.
Contractor shall recruit employees consistent with standards employed by comparable first class
operations. Contractor shall have authority to hire, terminate and discipline any and all
personnel employed by Contractor.
Contractor shall ensure that its collection employees serve the customers within the
Collection Area, and the general public, in a courteous, helpful, and impartial manner.
Contractor's collection employees will be required to follow and keep to the regulaz walkways
(or other pedestrian paths) while on private property. No trespassing by employees will be
permitted, nor will crossing properties of neighboring premises (unless the occupant of both such
properties shall have given Contractor prior written permission). Care shall be taken to prevent
damage to private and public property within the Collection Area (including, without limitation,
cans and containers, carts, racks, structures, fences, gates, trees and landscaping, etc).
12.4 Employee Uniform Regulations: Contractor's collection employees shall weaz a uniform
or shirt bearing the company's name. Contractor shall furnish to each employee an identifying
badge, with uniform type, not less than two and one-half (2 %Z) inches in diameter, with numbers
and letters at least one (1) inch high. All employees shall be required to weaz such badges while
on duty. Lettering stitched on, or identifying patches permanently attached to, uniform shirts and
jackets is also acceptable.
12.5 Vehicle Operator License: Each vehicle operator shall, at all times, carry a valid driver's
license for the type of vehicle that is being driven.
12.6 Safety Training: Contractor shall provide operating and safety training for all personnel
so as to ensure that the Services at all times aze provided in accordance with the highest
standazds for safety and caution.
12.7 Residencv: Contractor shall make reasonable efforts to, whenever practical in its hiring
policies, employ personnel from among residents of the City of Miami Beach.
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12.8 Non-Discrimination Contractor agrees that there shall be no discrimination as to race,
sex, sexual orientation, color, creed, national origin, familial status, religion or handicap, in its
employment practice or in the operations referred to by this Agreement. All facilities and
services offered shall be made available to the public.
12.9 Compliance with Federal, State, County, and Municipal Law: Contractor shall comply
with all applicable Federal, State, County and City laws, ordinances, rules and regulations
including, without limitation, those relating to employment, protection of the environment, and
safety; whether now or hereafter in effect.
12.10 -City of Miami Beach Living Wage Ordinance Requirements:
This Agreement is subject to, and Contractor shall be required to comply with, the
provisions of the City's Living Wage requirements, as codified in Sections 2-407 through 2-410
of the City Code (as same may be amended from time to time).
CONTRACTOR, BY ITS EXECUTION OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE
CITY'S LIVING WAGE ORDINANCE, AS SAME MAY BE AMENDED FROM TIME
TO TIME.
12.11 City of Miami Beach Equal Benefits Ordinance Requirements:
Contractor, by its execution of this Agreement, acknowledges that it is required to
comply with all applicable provisions of City Ordinance No. 2005-3494, as same may be
amended from time to time, which requires Contractor to provide equal benefits for domestic
partners (the Ordinance). This Ordinance applies to all employees of Contractor who work
within the City limits of the City of Miami Beach, Florida, and the Contractor's employees
located in the United States, but outside of the City of Miami Beach limits, which are directly
performing work on a contract within the City of Miami Beach.
CONTRACTOR, BY ITS EXECUTION OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE
ORDINANCE, AS SAME MAY BE AMENDED FROM TIME TO TIME.
13. CONTRACTOR'S OFFICE
13.1 General Conditions: Contractor shall provide and maintain throughout the Term, at its
sole cost and expense, a suitable office located within Miami-Dade County, with adequate staff,
to include, at a minimum, Contractor's Representative and the Customer Service Representative,
and telephone service (including a telephone number dedicated solely for handling and
disposition of Miami Beach customer service issues including, but not limited to, incoming
complaints, requests for information, etc). The office shall be the main office for Contractor's
Representative and the Customer Service Representative, and shall be open between 8:00 A.M.
and 5:00 P.M., Monday through Friday, excluding nationally recognized holidays. Between the
18
hours of 5:00 P.M. and 8:00 A.M., Monday through Friday, all day on Saturday and Sunday, and
on nationally recognized holidays, Contractor shall provide and maintain voice-mail, answering
machine, or answering service to receive all incoming calls and complaints. All calls received
by voice-mail, answering machine, or service shall be responded to on the following working
day.
14. PAYMENT AND BILLING
14.1 Compensation: In consideration of the Services to be provided by Contractor pursuant to
this Agreement the City shall pay Contractor, the sum of $23.99, per unit (the Unit Price). The
Unit Price is inclusive of all costs for the Services to be provided herein, except where the
Agreement expressly provides for the payment of additional fees. Contractor further
acknowledges and agrees that the payment of any such additional fees are subject to the prior
written authorization and approval of the City Manager.
14.2 Billing Procedures: Contractor shall submit an invoice by the 10th of each month for
work/services rendered during the preceding month. Payments will be made to Contractor on or
before the 20`}' day of each calendar month upon verification of the invoice submitted.
Invoices shall be submitted to: City of Miami Beach, Florida
Sanitation Division
140 MacArthur Causeway
Miami Beach, Florida 33139
Attn: Alberto Zamora, Director of Sanitation
On the first day of each month, payment(s) may be adjusted to correspond with the
occupancy of existing or new buildings, and the demolition of old buildings. The adjustment
shall be for buildings either occupied or demolished during the second month preceding the
adjustment (For example, any adjustment which is made on June 1 of a contract year would be
for buildings occupied or demolished in April of the subject year). Any existing unit shall be
considered unoccupied whenever the City has temporarily terminated water service, at the
customer's request. Any new unit shall be considered to be occupied when a Certificate of
Occupancy (CO) has been issued by the City, and water service has been provided to the
occupant(s). Demolition permits issued by the City's Building Department shall be proof of
demolition. The City will notify the Contractor of any existing unit that is considered
unoccupied and of any new unit that is considered to be occupied.
14.3 Adjustments in Disposal Costs: The parties acknowledge that the Unit Price is
calculated, in part, by taking into consideration the Miami-Dade County tipping fee, in effect as
of the Commencement Date. However, it is recognized that, from time to time during the Term,
the disposal cost (tipping fee) may change. In the event of such change in the tipping fee, the
Contractor may make a request, in writing (accompanied by any substantiating documentation),
to the City Manager for an increase in the Unit Price (due to an increase in the tipping fee). The
City Manager shall consider the request; may request any additional information as he/she deems
necessary; and shall forward his recommendation to the City Commission. Any increase in the
Unit Price requested pursuant to this Section 14.3 shall be subject to the prior approval of the
19
City Commission which approval, if given at all, shall be at the Commission's discretion, but
shall not be unreasonably withheld. Any increase granted by the City Commission pursuant to
this subsection, at maximum, shall only be in proportion to the actual increase in the tipping fee.
Notwithstanding the preceding, decreases in disposal costs shall entitle the City to receive
an automatic decrease in the Unit Price (in proportion to the actual decrease in the fee).
14.4 Unusual Changes or Costs: Contractor may request a rate adjustment, by written request
(with supporting documentation} to the City Manager, on the basis of unusual changes in its cost
of doing business; change in laws; or changes in location of disposal sites. The City Manager
shall then submit the request(and his/her recommendation) to the City Commission for its
consideration and approval, which approval, if given at all, shall be at the Commission's sole
discretion, but shall not be unreasonably withheld.
Notwithstanding the preceding, any changes or any other conditions which occur that
reduce Contractor's costs shall entitle the City to receive an automatic Unit Price decrease (in
proportion to the decrease in Contractor's costs).
14.5 Penalties: Any monetary penalties, as listed in Exhibit "B," attached hereto and
incorporated herein, assessed against Contractor shall be deducted from the monthly billing to
the Contractor (without liability to the City).
15. CONSUMER PRICE INDEX
15.1 Consumer Price Index, All Urban Areas (CPI-U}: On September 1, 2013, and on
September 1St of each subsequent contract year during the Term, the compensation paid by the
City to the Contractor pursuant to this Agreement shall be adjusted, upwards or downwards, as
the case may be, according to increases or decreases in the Consumer Price Index, All Urban
Areas (CPI-U), for the 12-month average on which the adjustment shall take place, with an
annual maximum adjustment not to exceed three percent (3%).
Notwithstanding the preceding, or any other term or condition of this Agreement,
there shall be no increase in Contractor's compensation' for the period from the
Commencement Date, through August 31, 2013.
16. CONTRACTOR'S PERFORMANCE
16.1 Agreement Administration: If at any time during the Term, Contractor's performance
of the Services is deemed unsatisfactory, in the reasonable judgment and discretion of the City
Manager, Contractor shall immediately take any and all such actions, as may be reasonably
required by the City Manager, to satisfactorily correct any such deficiency(ies); including,
without limitation, increasing its workforce and equipment, or take such other actions as
necessary so that Contractor is able to perform (or continue to perform) the Services in
accordance with the first-class standards contemplated in this Agreement.
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If the Contractor neglects or fails to correct any deficiency(ies), and/or immediately
restore performance to a satisfactory level, the City Manager may, at his/her sole discretion, and
after giving Contractor three (3) business days written notice, take such additional steps as he/she
deems necessary including, without limitation, undertaking performance, to correct such
deficiency. This shall be without prejudice to any other remedy City may have. In the case of
bona fide emergencies, as determined by the City Manager in his/her sole and reasonable
discretion, involving public health or public safety or to protect against loss or damage or to
prevent or minimize serious disruption of .the Services, the City may cause such work and/or
services as is necessary to be performed without prior notice to Contractor.
The City, at its discretion, may draw down from the Bond or may deduct from the
compensation to be made to Contractor, the amount of any and all costs incurred in correcting
deficiencies made necessary be such neglect or failure. If the amount of the Bond, or if such
payments to be made to Contractor are not sufficient to cover such amount, the Contractor shall
be liable in such amount to the City.
Notwithstanding the preceding, the failure of the City Manager to give such
notification(s) shall not relieve nor excuse Contractor of its obligation to perform any work
and/or services required by this Agreement, in accordance with the first-class standards
contemplated herein.
16.2 .Agreement Information: Upon reasonable notice from the City Manager or Authorized
Representative, Contractor shall furnish any and all information and/or supporting
documentation to ascertain whether or not the Services are being performed, in accordance with
the requirements of this Agreement, and in accordance with the first class standards
contemplated herein.
16.3 Inspections: The City Manager may appoint such person or persons, as the City
Manager may deem qualified, in his/her sole judgment and discretion, to inspect Contractor's
operations, including its workforce and equipment, at any time during the Term, upon reasonable
notice to Contractor.
16.4 Access: The City Manager, and/or his/her authorized representatives, shall, during all
reasonable times, and upon reasonable notice, be permitted free and open access to Contractor's
facilities (including the Facility), workforce, and equipment, for the purpose of inspecting
Contractor's performance of the Services.
16.5 Representative: Contractor shall cooperate with authorized representatives of the City in
every way in order to facilitate any City inspections related to Contractor's facilities, equipment,
workforce, and/or to the quality, performance and progress of the Services. Contractor shall at
all times have a competent and reliable, English speaking representative on duty, who is
authorized to receive orders and to act for Contractor on any operational matters related to this
Agreement.
16.6 Records and Audits: Contractor shall keep full and accurate accounting records relating
to the Services, in accordance with generally accepted accounting principles. Contractor shall
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maintain a system of bookkeeping adequate for its operations hereunder. Contractor shall give
the City Manager and/or his/her authorized representatives access to such books and records,
during reasonable business hours and upon reasonable advance notice. Contractor shall keep and
preserve the aforestated records for at least three (3) years following each contract year during
the Tenn herein, or for as long as such records are required to be retained pursuant to Florida
Public Records Law (whichever is longer). In addition and notwithstanding the preceding, the
City Manager shall, have the right, at any time (and from time to time), to cause nationally
recognized independent auditors to audit all of the books of Contractor relating to the Services.
The City shall be responsible for the costs incurred by it in conducting such audit.
16.7 Failure to Enforce: The failure of the City at any time to require performance by
Contractor of any provision(s) hereof shall in no way affect the right of the City thereafter to
enforce same, nor shall such failure be construed as a waiver by the City of the breach of any
provision(s) herein; or held to be a waiver of any breach of such provision(s), or as a waiver of
the provision(s) itself.
17. [Intentionally Omitted]
18. COMPLAINTS AND COMPLAINT RESOLUTION
18.1 Complaints: Contractor shall prepare and maintain, in accordance with a format
approved by the Authorized Representative, aregister of all customer (or City) complaints,
which shall, at a minimum, indicate the date and time when the complaint was received, and how
and when it was resolved. Such records shall be available for City inspection at all times during
reasonable hours and upon reasonable notice.
At a minimum, Contractor shall adhere to the following schedule in the
handling/resolution of complaints:
a) any complaints received by the Contractor before 12:00 noon shall be resolved
before 4:00 p.m. of the same day;
b) complaints received after 12:00 noon, but before 12:00 midnight, shall be
resolved before 12:00 noon of the following day;
c) complaints received after 12:00 midnight, but before 8:00 a.m, shall be resolved
before 12:00 noon of the same day; and
d) complaints received after 12:00 noon on the day preceding a holiday, or on a
Saturday or Sunday; shall be resolved no later than the next working day.
A daily listing of all complaints filed, and of their disposition, shall be provided to the
Authorized Representative at the end of each business day (by fax or e-mail). Legitimacy of
challenged complaints shall be determined on the basis of a joint inspection by the Authorized
Representative and a representative of the Contractor. Disputes shall be referred to the City
Manager, whose decision shall be final and binding on all parties.
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The City's auditors may communicate directly with customers, for the purpose of
confirming Contractor's compliance with complaint handling/resolution.
18.2 Disputes about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractor, and between Contractor and customers, with regard to the
collection of certain waste (disputed waste). The City Manager or Authorized Representative
may, from time to time, require Contractor to remove any such disputed waste; irrespective of a
pending or actual dispute with regard to whether or not the type of disputed waste which is being
requested for removal is within the scope of this Agreement. Should the Contractor fail to
remove disputed waste within twenty-four (24) hours from receipt of notification by the City, the
City, at its sole option, but not its obligation, may do so, and all costs incurred by the City shall
be deducted from the monthly compensation due the Contractor.
18.3 Penalties: Contractor acknowledges that it is the intent of the City to ensure that the
Contractor provide the highest quality level of service pursuant to this Agreement. To further
ensure Contractor's continuous performance of the Services in accordance with the first-class
standards contemplated under this Agreement, Contractor shall use its best efforts to handle and
resolve complaints, in a prompt and efficient manner, and to the reasonable satisfaction of the
City Manager and the Authorized Representative.
Failure to resolve any and all complaints may result in Contractor being assessed
monetary penalties in Exhibit "B" hereto. Any monetary penalties assessed to Contractor
(pursuant to Exhibit "B") shall be deducted from the monthly compensation due to Contractor
(without liability to the City).
19. [Intentionally Omitted]
20. PERFORMANCE BOND
20.1 Amount of Bond: Contractor shall, upon execution of this Agreement but in any event
prior to the Commencement Date, furnish to the City a Performance Bond (the Bond), in the
penal sum as stated below, for the payment of which Contractor shall bind itself for the faithful
performance of the terms and conditions of this Agreement:
The amount of the Bond will be fifty percent (50%) of the annual compensation to
be paid to Contractor, as calculated in Contractor's response to RFP No. 60-08/09.
The Bond shall be maintained in full force and effect throughout the Term.
20.2- City's Rights: The City may "draw down" upon all or any portion of the Bond in the
event that Contractor fails to comply with its obligations under the Agreement. Contractor shall
pay for any/all outside legal fees that may be incurred by the City in prevailing in any action to
collect on the Bond. If payment of any amount claimed against the Bond is not received within
thirty (30) days of submission of a claim, the Contractor shall also be responsible for interest, at
the greater of the statutory rate in Florida or the prime rate, to be paid on the amount claimed
23
against the Bond. In the event the City "draws down" against all or any portion of the Bond at
any time during the Term, Contractor shall immediately replenish the amount so drawn, so that
the Bond is maintained in the full required amount at all times during the Term of this
Agreement.
20.3 Form of Bond: The form of the Performance Bond is subject to approval by the City's
Chief Financial Officer, which. approval shall not be unreasonably withheld.
20.4 Qualified 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 Miami-Dade County. The Surety Company shall hold a current Certificate of Authority as
acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular
570, in Current Revision.
21. INSURANCE AND INDEMINIFICATION
21.1 Insurance: At all times during the Tenn, Contractor shall comply with (and, in the
case of insurance coverage, maintain in full force and effect) the insurance provisions set forth in
RFP No. 48-03/04; and attached and incorporated as Exhibit "D" hereto.
All insurance provided for in this subsection 21.1 and Exhibit "C" hereto shall be in such
form and shall be issued by such responsible insurance companies licensed to do business in the
State of Florida with companies having a rating of B+:V1 or better in Best's Insurance Guide, as
published by A.M. Best and Company. Upon execution of this Agreement and, thereafter, not
less than thirty (30) days prior to the expiration dates of the policies required pursuant to
subsection 21.1 and Exhibit "C," originals of the policies or certificates, or renewal certificates,
as the case may be, bearing notations evidencing the payment of premiums or accompanied by
other evidence reasonably satisfactory to the City of such payment, shall be delivered by
Contractor to the City's Risk Manager at 1700 Convention Center Drive, Third Floor, Miami
Beach, Florida 33139.
Each policy of insurance required to be carried pursuant to subsection 21.1 and Exhibit
"C" hereto shall contain (i) a provision covering the indemnification obligations in subsection
21.2 hereof; (ii) a provision that no act or omission of City or Contractor shall affect or limit the
obligation of the insurance company to pay the amount of any loss sustained; (iii) an agreement
by the insurer that such policy shall not be cancelled, modified or denied renewal without at least
thirty (30) days prior written notice to the City Manager (with copies to the City's Risk Manager
at the address provided in this subsection); (iv) a waiver of subrogation by the insurer; and (v)
deductibles which do not exceed deductions for similar operations/work/services. All insurance
procured by Contractor in accordance with the requirements of this subsection 21.1 and Exhibit
"C" shall be primary over any insurance carried by the City and not require contribution by the
City. In addition, if Contractor enters into any agreements during the Term herein with any
subcontractors and/or independent contractors for the provision of any work and/or services
hereunder, Contractor shall require such contractors to name the City as an additional insured
under any insurance required by Contractor thereunder, and to deliver to the City's Risk
24
Manager, prior to performance of such work and/or services, a certificate evidencing the
existence thereof.
21.2 Indemnification:
21.2.1 In consideration of a separate and specific consideration of Ten ($10.00) Dollars
and other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Contractor shall indemnify, hold harmless and defend the City, its officers,
employees, contractors, agents or servants, from and against any claim, demand or cause of
action of whatsoever kind or nature arising out of error, omission, or negligent act of Contractor,
its officers, employees, contractors, agents or servants, in connection with its operations and/or
the performance of the Services contemplated under this Agreement.
21.2.2 In addition, and in consideration of a separate and specific consideration of Ten
($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, Contractor shall indemnify, hold harmless and defend the City, its
officers, employees, contractors, agents or servants, from and against any claim, demand or
cause of action of whatever kind or nature arising out of any misconduct of Contractor, its
officers, employees, contractors, agents or servants, not included in subsection 21.2.1 herein and
for which the City, its officers, employees, contractors, agents or servants are alleged to be liable.
21.2.3 The indemnifications in subsections 21.2.1 and 21.2.2 shall not be limited in any
way by the type or amount of insurance carried by the Contractor.
21.2.4 Subsections 21.2.1, 21.2.2, and 21.2.3 shall survive the termination or expiration
of this Agreement. Subsections 21.2.1 and 21.2.2 shall not apply, however, to any such liability,
that arises as a result of the willful misconduct or gross negligence of the City, its officers,
employees, contractors, agents or servants.
22. DAMAGE TO OR DESTRUCTION OF EQUIPMENT
If any of Contractor's equipment is damaged, destroyed, or stolen by an event which is covered
by Contractor's insurance, Contractor must utilize the insurance proceeds to immediately repair
or replace the equipment with similar equipment of at least equal (or, where possible, better)
quality. If the insurance proceeds are insufficient, or the equipment has been damaged or
destroyed by an uninsured casualty, Contractor shall be solely responsible for providing the
additional funds, as needed to immediately repair or replace the equipment in accordance with
the standard required by this Section 22.
23. EVENTS OF DEFAULT BY CONTRACTOR
Each of the following events or conditions shall constitute an even of default by Contractor:
a) any failure by Contractor to perform or comply with the terms and conditions of this
Agreement, and said failure continues for fifteen (15) days after written notice to
Contractor demanding that such failure be cured;
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b) filing by or against Contractor (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 any work or services required under the Agreement shall be vacated or abandoned
by Contractor during the Term for a consecutive period of seven (7) days or more;
d) any representation or warranty furnished by Contractor under this Agreement is found
to be false or misleading in any material respect when made;
e) failure to comply with the complaint handling/resolution procedures set forth in
Section 18 hereof ;
f J in excess of twenty (20) complaints in any calendar month during the Term; and
g) not resolving complaints of missed service (within twenty four (24) hours) in excess
of five (5) times in any calendar month during the Term.
24. REMEDIES UPON DEFAULT BY CONTRACTOR
24.1 In the event of default by Contractor, the City may, through the City Manager and
without election of remedies:
a) immediately terminate the Agreement (without any legal action required) by delivery
of a written notice to Contractor, in which use, the termination shall become effective as
of the date set forth in the City's notice. Contractor shall, at its sole cost, remove any and
all personnel and equipment from the Collection Area, and relinquish the Facility, and the
City may immediately contract with another firm or firms to provide the work/services
contemplated hereunder to the City;
b) withhold all or any part of Contractor's compensation hereunder;
c) seek recovery on the, Performance Bond; and/or
c) exercise any and all remedies available, at law or in equity, including bringing an
action or actions against Contractor for recovery of amounts due and owing to the City,
and/or for damages (which shall include all costs and expenses reasonably incurred by
the City in exercise of its remedy), and/or for specific performance, injunctive relief or
any other appropriate equitable remedy.
If City considers it to be in its best interests, it may elect not to declare default or to
terminate this Agreement. The parties acknowledge that this provision is solely for the benefit of
City and that if City permits Contractor to continue to perform the Services (or any portion
thereof] despite one or more events of default, Contractor shall in no way be relieved of any of
26
its responsibilities, duties, or obligations under this Agreement, nor shall the City waive or
relinquish any or its rights.
The remedies available to the City under the terms of this Agreement are not intended to
be exclusive of any other remedies provided, but each and every such remedy shall be
cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in
equity or by statute. No delay or omission by the City to exercise any right or power accruing
upon an event of default by Contractor shall impair such right to power, nor shall it be construed
as a waiver of any event of default or acquiescence therein, and every such right and power may
be exercised by the City from time to time and as often as may be deemed appropriate and/or
expedient.
24.2 Right to Offset: Any additional costs incurred by the City in the event of
termination of this Agreement for default, or otherwise resulting from Contractor's performance
or non-performance under this Agreement, including (without limitation) the exercise by the City
of any of the remedies available to it under subsection 24.1 hereof, and any credits due to or
overpayments made by the City, may be offset by use of any payment due for the Services
completed before the termination for default or before the exercise of any remedies. If such
amount offset is insufficient to cover such excess costs, the Contractor shall be liable for and
promptly remit to City the difference upon written demand therefore. This right to offset is in
addition to and not a limitation of any other remedies available to City.
25. TERMINATION FOR CONVENIENCE BY THE CITY
The City Commission, in addition to the City's rights and options to terminate set forth in
Section 24 hereof, or any other provisions set forth in this Agreement, retains the right to
terminate this Agreement at its sole option, at any time, for convenience, without cause and
without penalty, when in its sole discretion it deems such termination is in the best interest of the
City. Said termination for convenience shall become effective thirty (30) days following receipt
by Contractor of the written termination notice. In that event, the City shall only be required to
compensate Contractor for all work/services satisfactorily performed by Contractor up to the
termination date, and such payment shall be the total extent of the City's liability to Contractor
under the Agreement.
26. VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be in Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal
court. BY ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR,
EXPRESSLY WAIVE ANY RIGHTS IETHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITGATION RELATED TO, OR ARISIN OUT OF, THIS AGREEMENT.
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27. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's maximum liability for any cause of action for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds a maximum of
one hundred thousand ($100,000.00) dollars. Contractor hereby expresses its willingness to
enter into this Agreement with recovery form the City for any damage action for breach of
Agreement to be its actual damages but in not event to exceed a maximum one hundred thousand
($100,000.00) dollars. Accordingly, and notwithstanding any other term or condition of this
Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages
in an amount in excess of one hundred thousand ($100,000.00) dollars pursuant to this
Agreement, for any action or claim for breach of Agreement 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.
28. REPRESENTATION AND WARRANTIES OF CONTRACTOR
Contractor warrants and represents to the City, as an inducement to City to execute this
Agreement, which representation and warranties shall survive this Agreement, that:
a) That it is authorized to do business in the State of Florida and is properly licensed by,
and has all necessary permits from, all necessary and required governmental and public
and quasi-public authorities having jurisdiction over it and over the Services;
b) Its execution, delivery, and performance of this Agreement has been duly authorized
by, or is in accordance with, its organic instruments; this Agreement has been duly
executed and delivered for it by the signatories so authorized; and it constitutes its legal,
valid and binding obligations;
c) Its execution, delivery, and performance 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;
d) It has not received any notice, nor to the best of its knowledge is there pending or
threatened 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; and
e) It has, or will have under its control on the Commencement Date, all equipment,
machinery, manpower, as necessary and required to perform its obligations under this
Agreement, and has sufficient experience and competence to do so;
f) It is financially solvent, able to pay its debts as they mature, and possessed of
sufficient working capital to perform its obligations under this Agreement;
28
g) It and each of its employees, agents, and subcontractors of any tier is competent to
perform its obligations under this Agreement; and
h) Its duly authorized representative has visited the Collection Area, familiarized itself
with the local conditions under which the Services are to be performed, and correlated its
observations with the required work and services under this Agreement.
29. GOVERNING LAW
This Agreement and the construction and enforceability thereof shall be interpreted under the
laws of the State of Florida.
30. COMPLIANCE WITH APPLICABLE LAWS
Contractor shall perform its obligations hereunder in compliance with any and all applicable
Federal, State, and local (City and County) laws, rules, regulations and codes; in accordance with
sound engineering and safety practices; and in compliance with any and all administrative rules,
regulations, and policies of the City relative to the Services. Prior to the Commencement Date,
Contractor shall be solely responsible for obtaining any and all licenses, permits, approvals, and
authorizations as may be required to perform its obligations hereunder, and shall thereafter be
required to maintain same in full force and effect and in good standing, at all times throughout
the Term. Except where expressly required by applicable laws and regulations, the City shall not
be responsible for monitoring Contractor's compliance with any laws or regulations. When the
Contractor observes conflicting regulatory requirements, it shall notify the City Manager, in
writing, immediately. If the Contractor performs any of the work or services required by the
Agreement knowing, or having reason to know, that such work and/or services are in violation of
such laws, rules and/or regulations, Contractor shall be solely responsible for all costs arising
directly therefrom.
31. TAXES, LIENS AND FEES
Contractor shall pay on or before the due date all taxes, fees, and assessments which may be
levied upon or in respect of the equipment, or its operation, including but not limited to
commercial personal property taxes, sales taxes, and intangible taxes, and Contractor shall pay
on or before the due date any other charge of any character which may be imposed or incurred by
any public authority as an incident to title to, ownership of, or operation of the equipment. In the
event that any lien or encumbrance of any nature relating to Contractor's equipment or the
operation of maintenance thereof is filed upon the City, Contractor shall have thirty (30) days
form the date of written notice by the Authorized Representative to have such lien or
encumbrance bonded off or discharged.
32. 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:
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To City: CITY OF MIAMI BEACH, FLORIDA
OFFICE OF THE CITY MANAGER
1700 CONVENTION CENTER DRIVE, 4~' FLOOR
MIAMI BEACH, FLORIDA 33139
With copies to:
CITY OF MIAMI BEACH, FLORIDA
PUBLIC WORKS DIRECTOR
PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTN: FRED H. BECKMANN, P.E.
and
DIRECTOR OF SANITATION
CITY OF MIAMI BEACH, FLORIDA
SANITATION DIVISION
140 MACARTHUR CAUSEWAY
MIAMI BEACH, FLORIDA 33139
ATTN: ALBERTO ZAMORA, DIRECTOR OF SANITATION
To Contractor: CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.
13300 NW 38TH COURT,
OPA LOCKA, FL 33054.
ATTN: NEAL W. RODRIGUE, PRESIDENT
Or such other addresses as either party may hereinafter designated 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.
33. NO WAIVER
The failure of Contractor or the City to insist upon the strict performance of the terms and
Conditions hereof shall not constitute or be construed as a waiver or relinquishment of either
party's rights to thereafter enforce the same in accordance with this Agreement in the event of an
continuing or subsequent default on the part of Contractor or the City.
34. 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.
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35. ASSIGNMENT/SUBCONTRACTING
The selection of Contractor as the service provider under this Agreement is based upon its
experience, capability and financial ability to perform the work. Contractor shall not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the prior
written consent of the City Commission, which consent shall not be unreasonably withheld.
36. BINDING UPON SUCCESSORS AND ASSIGNS; NO THIRD-PARTY
BENEFICIARIES.
36.1 This Agreement and the rights and obligations set forth herein shall inure to the benefit
of, and be binding upon, the parties hereto and each of their respective successors and
permitted assigns.
36.2 This Agreement shall not be construed as giving any person, other than the parties hereto
and their successors and permitted assigns, any legal or equitable right, remedy or claim under or
in respect of this Agreement or any of the provisions herein contained, this Agreement and all
provisions and conditions hereof being intended to be, and being, for the sole and exclusive
benefit of such parties and their successors and permitted assigns and for the benefit of no other
person or entity.
37. RFP AND AGREEMENT INCORPORATED BY REFERENCE
The Proposal Documents 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:
• This Agreement, together with any exhibits and amendments thereto
• RFP No. 60-08/09, together with and exhibits and amendments thereto.
• Contractor's proposal in response to RFP NO. 60-08/09, together with any exhibits and
amendments thereto.
38. 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.
39. INDEPENDENT PARTIES
Nothing contained in this Agreement is intended or shall be construed in any way to create or
establish the relationship of partners or a joint venture between the City and Contractor. None of
the officers, agents or employees of Contractor shall be or be deemed to be employees of the
City for any purpose whatsoever. Contractor shall be solely responsible for the acts or omissions
of its officers, employees, contractors, and agents. No person performing any of the work or
services described hereunder shall be considered an officer, servant or employee of the City, nor
shall any such person be entitled to any benefits available or granted to employees of the City.
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40. TIME OF THE ESSENCE.
Time of the essence with respect to each and every term and condition of this Agreement
41. FORCE MAJEURE.
The performance of any act by the City or Contractor hereunder may be delayed or suspended at
any time while, but only so long as, either party is hindered in or prevented from performance by
acts of God, the elements, war, rebellion, strikes, lockouts, or any other cause beyond the
reasonable control of the parties; provided, however, that if the hindrance of prevention of
performance exceeds a period of thirty (30) days, the City may, through the City Manager, and at
his/her sole option and discretion, terminate, or renegotiate the terms of, this Agreement without
liability to the City.
42. ENTIRE AGREEMENT
This Agreement, when executed, together with all exhibits attached hereto, shall constitute the
entire agreement between both parties. This Agreement may not be amended, modified or
terminated except in writing signed by the parties hereto and, where required, as approved by
the City Commission.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
F:\atto\AGUR\AGREEMEN71Solid Waste -Service Agreement for Residential Solid Waste -Choice (Clean Version 6-29-10).doc
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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:
By:
-.City Clerk
FOR CONTRACTOR:
ATTEST:
By:
J
1
Secretary
CITY OF MIAMI BEACH, FLORIDA
Mayor
CHOICE ENVIRONMENTAL
SERVICES OF MIAMI, INC.
resident
--~/~,~ lr/, /~on~r6c,~G-~
Print Name /Title
Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
.~ ~'~
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__ ~_ _
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.EXHIBIT "A" -EMERGENCY SERVICE .RATES
Labor Position or E ui ment T e Hourl Rate
Reazload Packer Truck w/ 3 man crew $275.00
210 Prentice Loader ore uivalent $165.00
Self Loading Prentice Truck 25-40 yard dump body
ore uivalent $165.00
Wheel Loader - 2 `/2 to 3 cu. Yd. $135.00
Tandem Dum Truck $95.00
Roll-off Truck with container $95.00
Tractor Trailer ty e Dum Truck 60-80 Yazds $155.00
Skid Steer Loading Bobcat or E uivalent $135.00
D6 Dozer ore uivalent $135.00
Cat 330 Excavator with debris loading grapple or
e uivalent $155.00
950 Wheel Loader ore uivalent $135.00
Chainsaw O erator with ear $50.00
Su ervisor with ick truck $60.00
Safety Mana er with icku truck $60.00
Mechanic's truck with tools $65.00
Fla en for traffic control $30.00
12-foot Morbazk Tub Grinder ore uivalent $420.00
13-foot Morbazk Tub Grinder ore uivalent $470.00
Trash Transfer Trailers 110 azd with Tractor $130.00
Mechanic's truck with tools $145.00
Clerical $37.50
Mobilization & Demobilization A Pass Thru
Notes:
1. Equipment includes operator, but not disposal fees
2. Above rates were FEMA approved in past storms
34
EXHIBIT "B" -FINE SCHEDULE
It is the intent of the City to ensure that the Contractor provides a quality of level of service, in
accordance with the first-class standards contemplated under this Agreement. Failure to comply may .
result in the following fines to Contractor (which shall be deducted from monies due to the Contractor, or
which may otherwise become due and payable by the Contractor).
Failure or neglect to address collection complaints.
$100.00 per incident
2. Failure to clean up spillage caused by the Contractor.
$100.00 per incident per location
3. Failure to repair damage to customer property caused by the Contractor or its personnel.
$100.00 per incident per location
4. Failure to maintain equipment in good working order and in a clean, safe and sanitary manner.
$100.00 per incident per day
Failure to have a vehicle(s) operator properly licensed.
$100.00 per incident per day
6. Failure to maintain office hours as required by this Agreement.
$100.00 per incident per day
7. Failure to properly cover materials in collection vehicles.
$100.00 per incident per day
8. Failure to display Contractor's name and phone number on collection vehicles.
$100.00 per day
9. Failure to comply with the hours of operation as required by this Agreement.
$100.00 per incident per day
10. Failure to provide collection services within the time of day limits provided in the Agreement.
$100.00 per incident per day
11. Failure or neglect to complete less than ninety (90) percent of each route on the regularly
scheduled collection day not completed. $100.00 per incident
12. Co-mingling Solid Waste with Recyclable materials.
$100.00 for each incident
13. Failure to provide replacement equipment within 2 hours after receipt of notification by the
Authorized Representative. $200.00/hour
[NOTE: The above One Hundred dollar ($100.00) amounts (per incident) will be raised to Two
Hundred dollars ($200.00) (per incident) after receiving more than twenty (20) complaints.]
35
EXHIBIT "C" -OPERATING PERMIT
36
EXHIBIT "D" -INSURANCE REQUIREMENTS
37
- `,
INSURANCE CHECK LIST
XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state
of Florida. •
.XY 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00
per occurrence for bodily injury property damage to include Premises! Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability
and Contractual Indemnity (Hold harmless endorsement exactly as written in
"insurance requirements" of specifications).
XXX 3, Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired
automobiles included.
4. Excess Liability - $ . 00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the (lability policies; and it
must be stated on the certificate. .
.XY. 6. Other Insurance as indicated:
_ Builders Risk completed value $ . 00
s ~ _ Liquor Liability $ • 00
_ Fire Legal Liability $ . 00
_ Protection and Indemnity $ . 00
____ Professional Liability $ .00
XXX Employee Dishonesty Bond $1.000.000. 00
XXX Theft Covering Money and/or Property
Of Others $ 100.000.00
XXX 7. Thirty (30) days written cancellati on notice required
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the RFP number and title
PROPOSER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days after Proposal opening.
~' hr~~e ~ ~~'~ >~ ~
Propos®r Signature of Proposer
Choice E~~'~~2~~mcJ~r~ s~~.~~c~~s ~,vc.
RFP No. Ba0&08
10/26/09 For the Collodion end Disposal of Realdenttel Page 152
Peggy 22 0142 Shcd Waela
EXHIBIT "E" -CHOICE ENVIRONMENTAL'S SUSTAINABILITY AND GREEN
INITIATIVES
38
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I. Choice Ertvironmer>r~l Systems SeistainabltityjGreen i3usiness Model
"Materials Recycle Facilities"
Choice owns 2 Materials Recycle Facilities (MRF}' in Miami'Dade and Broward Counties. The Miami-Dade
facility is able to sort paper, cardboard, piasda, woad, and metals and reduce the quantity of the
materials setrt to the Eanditil by 90%. The permits and licenses for the facility and the operators are
included In this presentation.
"Compressed Natural Gas Fuel"
Choice Environmental operates the only °CNG~ fueled refuse trudts in South Florida. The fuel station Is
located in Pompano Beach and provides clean natural gas as fuel forthe truck fleet that services the City
of Ft. Lauderdale. Press releases and news articles associated with this one of a kind facility are
attached, along with a testament letter from the Citybf Pt. Lauderdale.
"Miami-Dade Couniv Public Schoolsa
comprehensive recycling programs in the State of Florida. This program has allowed 36D schools and
300,OOD students to participate and Innovate in the recycling effort. A letter of appredation from the
Schoai district is attached.
il. Miami Beach Specffic Green initiatives and Measures
These uGreen initiatives and Measures'° pre specifically for the Lily of Miami Beach, not
initiatives done in other parts of the S#ate or Nation. These measures will directly affect the
quality of ltfe for the residents of Miami Beach. They are susiaincrble and attainable goals which
Choice Envlronmentol can track and report f rm results from these efforts.
"Compressed Natural Gas powered vehiefes"
Choice Environmental Services, Inc, has applied through the American Recovery and Reinvestment Act a
Grant in the amount of $36Q,OYi0. Issued by the Executive Office of the Governor and Florida Energy and
Climate Commission, Choire will use the grant to build its second compressed natural gas •(°CNQ"} plant
in the state of Florida. The proposed CNi-s plant will be located in Cho1re`s Opa-Loden, Florida facility,
and will be available for public and private use. The proposed CNG •plant will cost apptincimately $2.5
Million dollars.
The contractor for the project will be Clean Energy (Nasdaq: CWE}, the leading provider of CMG for
transportation in North America. It has a broad customer base in the refuse, transit, putts, shuttle, taxi,
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trucking, airport and municipal fleet matkets..Clean•Energy fuels more than I7,20D vehicles at 184
strategic locations throughout the United•States and Canada.
. ..
• . ' "Recvciina of Green Waste" ~ ..
•' '~ Choice will undertake a project to sort the green waste "landscape debris" from the:transfer site on
Miami Beach, ors well as the green .wasi:e picked up in the curbside bulk pickups. Once ,sorted, the •
acceptable vegetation will be turned into mulch and provided to landscape companies in•the metro-
.South Florida area. ~ •• .
`: "Recvetins orFthe Buik aickun Iterrls" ~ ..
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As the green waste is sorted from the bulk pickup stream, other items will be sorted as wed, and .
recycled at the highest level of feuse as possible. Useable furniture items wilt be donated to local
charities or disaster stricken areas, as•the need should arise. Metal Items will betaken to spedflc•mei;a1 •.
• ~ recycling specialists, and then•shipped ta, mills for reuse in the manufacSuring process..Electronirs•will be ••
separated and sent to•faeiiities that will "dernanafacture" the Items and keep harmful comppner~ts out•
of the loco( landfills and Waste to Energy burn Facilities.
• "Rearelina of enetne olt"
The fleet of refuse vehicles in the M1amhDade Division is eputpped with the °D P S "Svstem. This system .
extends the useful Life of the'oii used to Lubricate the engines of these vehicles, thereby reducing the .
waste oil that need disposal weed disposal on an annual basis. The 75 refuse vehicles in the Miami-Dade
Division 'have reduced their oi( consumption by 24,300 quarts per year, lowering the need for new oil
and keeping waste oil out of the environment. •
"C•oastai f~eanua" .
This annual event chose Choice Environmetrta[ as its only provider of pickup and disposal setices for
. Miami-Dade County in 2D09. This is a worldwJde vaiunteereffort to dean the beaches anti waterways
• - of trash and debris that is hazardous to the environment and coastal wildlife. Choice was proud to
provide oat only waste services to this effort, but for#he first time in South Florida, to provide reryding
containers as well Any materials that had the potential for recycling ware glared by the volunteers fn
special conrtainers and taken bade to one of our two "Materials Recycle Facitifiies"for sorting and reuse.
Choice !environmental was proud to provide all these services to "Coasts! Cleanup" at no charge and. we
• look forward to doing the same in 2010.
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i "Rewards for Recyclir~
A program designed to increase partic(pation In the curbside recycling iry single family homes on Miami
~ Beach. This program will be coordinated with MiamJ-Dade Courrty to bring emphasis to the residents of
the Miami Beach and connect them with merdiarrts on Miami Beach who will offer discounts and
promotions to those residents who increase the level of their parEidpatio~n. Tracking features will be
added to the recyde wntainers, with the County's approval, to allow the resident and the City of Miami
Beach to see the progress of this program. This program will need the atlministratlve approval of the
Miami-Dade County Solid Waste Department. The filrst presetrtation of this program has been made to
the senior management at that depart+nerrt.
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