Amendment 2 Waste Mngmt - Choice Environmental & Waste Services 2ooff- Z69Z3
AMENDMENT NO. 2 TO THE SERVICE AGREEMENT
M
BY AND AMONG
CITY OF MIAMI BEACH, FLORIDA
AND
WASTE MANAGEMENT INC. OF FLORIDA;
CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.; AND
WASTE SERVICES INC. OF FLORIDA
FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES, AND COLLECTION OF
RECYCLING MATERIALS AT CITY OWNED
PROPERTIES, PARKS, RIGHTS OF WAY, AND OTHER PUBLIC FACILITIES AND
PROPERTY(IES)
AMENDMENT NO. 2 TO THE SERVICE AGREEMENT BY AND AMONG THE CITY
OF MIAMI BEACH AND WASTE MANAGEMENT INC. OF FLORIDA.; CHOICE
ENVIRONMENTAL SERVICES OF MIAMI, INC.; AND WASTE SERVICES INC. OF
FLORIDA; FOR ADDITIONAL SOLID WASTE COLLECTION SERVICES, AND
COLLECTION OF RECYCLING MAT12RIALS AT CITY OWNED PROPERTIES,
PARKS, RIGHTS OF WAY, AND OTHER PUBLIC FACILITIES AND PROPERTY(IES)
This Amendment No. 2 is made as of this allday of� Not , 2013, by and
between the CITY OF MIAMI BEACH, FLORIDA (City), a municipal rporation having
its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City),
and WASTE MANAGEMENT INC. OF FLORIDA, CHOICE ENVIRONMENTAL
SERVICES OF MIAMI, INC., AND WASTE SERVICES INC. OF FLORIDA, jointly and
severally (collectively the Contractors), for the purpose of providing additional solid
waste collection services and collection of recyclable materials at City facilities, parks,
rights of way and other City-owned property(ies) within the City of Miami Beach city
limits (collectively, the Collection Area), and such other services as may be required by
the City, and as more particularly set forth herein.
RECITALS:
WHEREAS, Chapter 90 of the City Code is the City's Solid Waste Ordinance (the
Solid Waste Ordinance or the Ordinance); and
WHEREAS, one of the City's solid waste hauler franchisee, General Hauling
Services, Inc., was acquired by another City Franchisee, Waste Management Inc. of
Florida, Inc., leaving the City with three (3) remaining solid waste franchise contractors;
and
WHEREAS, at the July 13, 2011 City Commission Meeting, the City
Administration requested approval to issue a Request For Qualifications (RFQ) for a
fourth solid waste franchise contractor to provide residential and commercial solid waste
collections and disposal services; and
WHEREAS, the City Commission referred the item to the Finance and Citywide
Projects Committee (F&CWPC); and
WHEREAS, at its January 19, 2012 meeting, the. F&CWPC recommended that
the issue be brought back to the Committee at the same time as the City's proposed
Recycling Ordinance; and .
WHEREAS, since then, the three (3) existing franchise waste contractors, Waste
Management Inc. of Florida, Choice Environmental, and Waste Services Inc. Of Florida,
have requested that the City not proceed with the issuance of an RFQ for a fourth waste
hauler; and
WHEREAS, the City Administration has been meeting with the three existing
franchise waste contractors to discuss potential additional benefits and/or contributions
to the City; and
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WHEREAS, the franchisees' best and final offer is premised upon the City
Commission's agreement not to issue an RFQ for a fourth franchise waste contractor
and, further, the City's agreement to exercise the renewal term in each of the franchise
agreements; and
WHEREAS, at the May 9, 2012 City Commission meeting, the City Commission
determined that, premised upon the contractors' agreement to provide the City with
certain additional contributions, which could be allocated by the City toward additional
public waste collection and disposal, recycling, and sustainability initiatives, as well as to
support additional environmental programs, and it would be in the City's best interest to
not issue the RFQ for a fourth hauler and, in the alternative, renew the three (3) existing
franchises for an additional one year term, (with such renewal term commencing on
October 1, 2014, and ending on September 30, 2015) and, further, condition such
renewal upon the successful negoiation of an amendment to the existing Service
Agreeement by and among the City and the three (3) franchisees, to provide for
additional public benefits (in addition to what is already being provided under such
agreement); including, w/o limitations additional monetary contributions to the City, in the
amount of $390,000 per year, and $25,000 per year) for the support of environmental
programs.
WHEREAS, the franchise waste contractors have agreed to the City's terms and,
accordingly, the parties have negotiated the following Amendment No. 2 to the Service
Agreement, dated October 1, 2014, by and among the City and the three (3) remaining
franchise waste contractors, for Additional Solid Waste Collection Services, and
Collection of Recycling Materials at City-owned Properties, Parks, Rights-of-Way, and
Other Public Facilities and Property(ies) (Service Agreement, or the Agreement).
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration received, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The aforestated recitals are true and correct and incorporated by reference
herein.
2. Section 4.1 of the Service Agreement, entitled "Term," is amended to read as
follows:
4.1 The term of the Agreement shall be for a five k5 six 6 year period, and
shall be deemed to have commenced on GGMmenG_IR-,,, as to the
GGRtFaGtGF6 Waste Management Ini+ of Florida October 1, 2009
(Commencement Date), and shall terminate on September 30, 2014
2015.
3. Exhibit "B" of the Service Agreement is amended to add Exhibit "13-2," attached
hereto, which exhibit shall delineate the additional services and public benefits
Contractors have agreed to provide pursuant to this Amendment No. 2.
4. No Further Modifications. Except as provided in this Amendment No. 2, the
Service Agreement remains unmodified and in full force and effect.
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Exhibit "B-2"
ADDITIONAL PUBLIC BENEFITS TO BE PROVIDED
Upon execution of this Amendment No. 2 by the parties hereto, and thereafter
throughout the Term of the Service Agreement, Contractors shall provide the City with
the following additional public benefits (which benefits shall be in addition to those being
currently provided by Contractors pursuant to the existing Exhibit "B" and Exhibit "B-1"of
the Service Agreement)
1) Upon their execution of this Amendment No. 2, and thereafter on October 1" of
each year during the Term, the Contractors collectively shall pay to the City an
amount of $390,000. The amount due by each Contractor shall be determined
by their current market share
2) Upon execution of this Amendment No 2, and therefore on October 1St of each
year during the Term, the Contractors collectively shall pay to the City $25,000
per year, for support of environmental programs in the City (the time, place, and
manner or such programs to be determined by the City Commission, in its sole
and reasonable discretion).
[SIGNATURE PAGES TO FOLLOW]
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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: CITY OF M VM BEACH,FLORIDA
ATTEST:
By:
City Jerk �� M afcr
=.INCORP ORATED=
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A ROVED AS TO
FORM & LANGUAGE
& FO ELUTION
1 3 Q i z
Attorn Date
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FOR CONTRACTOR: CHOICE ENVIRONMENTAL SERVICES
OF MIAMI,INC.
ATTEST:
By:
Secretary resident
Corporate Seal
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FOR CONTRACTOR: WASTE SERVICES INC. OF FLORIDA
ATTEST:
By:
Secretary President
Corporate Seal
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FOR CONTRACTOR: WASTE MANAGEMENT INC. OF FLORIDA
ATTEST:
By: C
Secre Presi en
Corporate Seal
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