Interim Agreement with Southern Waste Systems, LLC dor�(- age g j
1
MIAMBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachf.gov
Jimmy L. Morales
Tel:305-673-7010,Fax:305-673-7782
i
September 26, 2014
I _
Mr. Tony Badala, General Manager
Southern Waste Systems, LLC
2380 College Avenue
Davie, Florida 33317
i
Re: Interim Agreement between City of Miami Beach, Florida (City) and
Southern Waste Systems, LLC, a Florida limited liability corporation
(Contractor)for interim Solid Waste Collection and Disposal and Recycling
Services for multifamily residenIces and Commercial Businesses within the
City (collectively, Waste and Recycling Services or Services).
Dear Mr. Badala:
At the July 23, 2014 City Commission Meeting, the Mayor and City Commission
adopted Resolution No. 2014-28681, )accepting the recommendation of the City
Manager pertaining to the ranking of proposals pursuant to the RFQ 2013-
178SR; authorizing the Administration Ito enter into negotiations for new franchise
agreements and service agreemerits (collectively, Franchise and Service
Agreements or Agreements) with the top three (3) ranked proposers: Waste
Management Inc. of Florida, Progressive Waste Solutions of FL, Inc., and
Southern Waste Systems LLC (collectively the Franchisees), for Waste and
Recycling Services. These Franchise)and Service Agreements will include other
related public benefits to the City, which at a minimum, would contain the same
(or more favorable) business terms jthan the existing Agreements. The City
Commission further authorized the City Manager and City Clerk to execute these
Agreements, for an initial term of five years, commencing on October 1, 2014
and ending on September 30, 2019, along with a possible renewal term of up to
three (3) years, at the City Commissions sole discretion.
I
At this juncture, the Franchise and Service Agreements have not been executed.
In an effort to allow the parties the additional time needed to complete the
negotiations of these Franchise and Service Agreements and, if successful, the
execution of same, this Interim. Ag 1eement shall confirm the understanding
between the City and Contractor to provide Waste and Recyclim Services
pursuant to the Service Agreement and the Franchise Agreement, attached
i
Letter Agreement for Waste and Recycling Services
September 26 2014 '
Page 2 of 3
hereto and incorporated herein by reference as Exhibits "A" and "B", respectively,
for a period, not to exceed forty- five (45) days, commencing October 1, 20114 and
terminating on November 14, 2014 or when a Service and Franchise Agreement
is signed between the City and Contractor, whichever occurs first.
i
During the term of this Agreement, Contractor agrees to provide the Waste.and
Recycling Services pursuant to Exhibits "A" and "B". Prior to commencing
operations and prior to the City approving any permits for the performance of
these Services under the terms of said Service and Franchise Agreements,
Contractor shall provide the City with the proof of insurance required under said
Agreements.
Contractor shall indemnify, hold harmless and defend the City, its agents,.
servants and employees 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 subcontractor(s), agents, servants or employees in the
performance of services under this Agreement unless such claim, demand or
cause of action arises as a result of the City's gross negligence or willful
misconduct.
i
The City may terminate this Agreemeent, at its convenience and without cause,
upon providing the Contractor with thirty (30) days written notice. All notices
shall be sent to the parties at the address set forth in the signature block.
I '
a
This Agreement embodies the entire agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or
written with reference to the subject matter hereof that are not merged herein and
superseded hereby. No alteration, change, or modification of the terms of this
Agreement shall be valid unless amended in writing, signed by both parties hereto.
If the aforestated terms and condition's meet your approval, please acknowledge
and execute in the space provided below. Upon execution by the City, we will
forward'a fully executed copy to your office for your records.
This Agreement shall be enforceable yin Miami-Dade County, Florida, and if legal
action is necessary by any party with l respect to the enforcement of any or all of
the terms or conditions herein, exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. 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 principals of conflict of laws. The exclusive venue
for any litigation arising out of this 1 shall be Miami-Dade County,
Florida, if in State court, and the U.S. District Court, Southern District of Florida, if
in federal court. BY ENTERING I INTO THIS AGREEMENT, _CITY AND
CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
Letter Agreement for Waste and Recycling Services
September 26, 2014
Page 3 of 3
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
Sincerely,
Alberto Zamora, Public Works Sanitation Director
1 have read this Agreement and, fully understanding same, agree to be bound by
the terms and conditions contained herein. Facsimile copies of this
Agreement shall be deemed originals.
Southern Waste Systems, LLC City of Miami Beach
1700 Convention Center Dr.
Miami Beach, Florida 33139
By: Southern Waste Systems Holdings, LP
A Delaware limited partnership, as Manager
For Southern Waste Systems, LLC
Jimmy L. Morales
By: Southern Waste Holdings City Manager
Management, LLC,
A Delaware limited liability company,
As the general partner for
Southern Waste Systems Holdings, LP
By:
Charles Gusmano
As Manager for Southern Waste
Holdings Management, LLC
Letter Agreement for Waste and Recycling Services
September 26, 2014
Page 3 of 3
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
Sincerely,
Alberto Zamora, Public Works Sanitation Director
I have read this Agreement and, fully understanding same, agree to be bound by
the terms and conditions contained herein. Facsimile copies of this
Agreement shall be deemed originals.
Southern Waste Systems, LLC City of Miami Beach
1700 Conventi Center Dr.
Mia i Beach, orida 33139
By: Southern Waste Systems Holdings, LP
A Delaware limited partnership, as Manager
For Southern Waste Systems, LLC
Jim y L.Nrales
By: Southern Waste Holdings Cit Managfer
Management, LLC,
A Delaware limited liability company,
As the general partner for
Southern Waste Systems Holdings, LP
By: �� APPROVED AS TO
Charles Gusmano FORM & LANGUAGE
As Manager for Southern Waste F EX CUT ION
Holdings Management, LLC 2� C
City Attorney-_,4W Da
I
S.ERVICE AGREEMENT BY AND AMONG THE
CITY OF MIAMI BEACH.
AND
PROGRESSIVE WASTE SOLUTIONS OF FL,INC.;
SOUTHERN WASTE SYSTEMS LLC; AND
WASTE MANAGEMENT INC. OF FLORIDA.;
3
FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES,AND COLLECTION
f
OF RECYCLABLE MATERIALS AT CITY OWNED PROPERTIES,PARKS,
RIGHTS OF WAY, AND OTHER PUBLIC FACILITIES AND PROPERTY(TES)
I!
The Service Agreement (Agreement) is entered into this day of
2014, by and among the City of Miami Beach, Florida (City), and Progressive Waste Solutions
of Fl. Inc., a Texas corporation authorized to conduct business in the state of Florida; Southern
Waste Systems, LLC, a Florida limited liability company; and Waste Management Inc. of
Florida, a Florida corporation,jointly and severally(collectively, 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, Section 90-229 of the City Code provides that the City may issue up to five
(5) franchises to waste contractors for residential and commercial waste collection and disposal;
and
EXHIBIT
WHEREAS, at the October 16, 201') City Commission. Meeting, the Mayor and City
Commission. authorized the City Administration to issue a.Request for Qualifications (RFQ) for
franchise waste contractors to provide municipal solid waste (MSW) collections and disposal
services, including additional solid waste/recycling services at City-owned properties (Recycling
i
Services); and; and
WHEREAS, at the July 23, 2014. City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-25681, accepting the recommendation of the City
Manager pertaining to the ranking of proposals pursuant to the RFQ 2013-1.78SR; authorizing
the Administration to enter into negotiations for new franchise agreements with the top three (3)
F
ranked proposers: Waste Management Inc. of Florida, Progressive Waste Solutions of FL, Inc.,
and Southern Waste Systems LLC (collectively the Franchisees or Contractors), for MSW and
s
Recycling Services, including other related public benefits to the City, which at a minimum,
3
should contain the same (or more favorable)business terms than the existing services agreement;
i
and further authorizing the City Manager and City Clerk to execute the franchise agreements and
s
the additional. services Agreements, for an initial term of five years, commencing on October 1.
i
2014 and ending on September 30, 2019, along with a possible renewal term of up to three (3)
1
years, at the City Commission's sole discretion; and
i
WHEREAS, the Contractors and the City have agreed to the terns contained in this
Service Agreement, in connection with the simultaneous execution of a franchise agreement
t
i
(collectively, Service and Franchise Agreements); and
WHEREAS, the City has been induced, in part, to execute this Agreement and the
i
F
Franchise Agreement, based upon Contractor's commitment to provide the following additional �
public benefits/services to the City including,without limitation,the following:
E
f
E
2
7
__....._.............. .____._................................................................
ADDITIONAL PUBLIC BENEFITS TO BE PROVIDED
Upon. execution of this service agreement by the parties hereto, and thereafter throughout the
Tenn of the Service Agreement, Contractors shall provide the City with.the following additional i
f
services and public benefits.
�I
1. Provide MSW and Recycling Services as referenced; attached as Exhibit "A"
S.W. and Recycling pick u at City owned facilities the service provided b
(M• Y g P P Y ); p Y
each Contractor shall be determined by their current market share.
i
2. Pick-up and disposal of all City owned litter cans in the public right of way and
City Parks. Service shall be seven (7) days a week; service is to be provided
before 11AM. Exceptions will be for litter cans located on (Lincoln Road, Ocean
Drive, Washington Ave. from 5'h St to Lincoln Road, .Beach walk, South Point
Park, and Open. Space Park) This service will be provided by City crews); The
service provided by each Contractor shall be determined by their current Market
Share.
3. Pick-up and disposal of all City-owned recycling cans in the public right-of-way
and City parks (services will be provided two times per week); Exceptions will be
for Recycle cans located on (Lincoln Road, Ocean Drive, Washington Ave. fi•om
5"' St to Lincoln Road, Beach walk, South Point Park, and Open Space Park)This
service will be provided by City crews); The service provided by each Contractor
shall be determined by their current Market Share.
4. Upon its execution of this Service Agreement contractors will provide additional
support for special. events by collectively, in equal shares,providing the City with
a total of fifteen (15) 20 cubic-yard roll-off containers (five per Contractor per
year), and one hundred (100) event boxes per contractor per year. Event boxes
are to be delivered to the Sanitation Division yard. Roll off containers to be
provided will be distributed equally amongst the franchise haulers.
3
5. Upon its execution of this Service Agreement, and thereafter on October 1St of
each year during the Tenn of the Service Agreement., the Contractors shall
collectively provide funding in the amount of Thirty Thousand dollars ($30,000)
to the City for two (2) hazardous material pickup events per year, These two
events will be managed by the City, at sites to be specified and approved by the
City Manager. The proportionate amount due by each Contractor shall be
determined by their respective current Market Share. (actual cost for 2013 was
$30,000.00 for the two events)
6. Upon its execution of this Service Agreement, and thereafter on October 1" of
each year during the Term of the Service Agreement, Contractors shall
collectively provide the City with an azuival cash contribution, which sum shall be
equivalent to the latest and most current purchase price of twenty five(25) of the
urban style recycling containers utilized by the City. The proportionate amount
due by each Contractor shall be determined by their respective current Market
Share. (actual price in 2013 was $1,200.00 per can)
E
f
7. Upon its execution of this Service Agreement, and thereafter on October 1" of
each year during the Term of the Service Agreement, the Contractors shall
collectively provide fields in the total sutra of eight thousand dollars ($8,000.00)to
the City for security services that are provided at each of tl e 'Wasteful Weekend"
sites held in the City each month. The proportionate amount due by each
Contractor shall be determined by their respective current Market Share. (actual
annual cast for 2013 was $5,000.00)
8. Upon its execution of this Service agreement and thereafter each year during the
Term, Each Contractor, shall pay to the City one and one half of a percent (1.5%)
of its Gross Receipts in the City, to be used by the City to establish: a fund for
implementation. of sustainable initiatives in the City of Miami Beach (which
initiatives shall be as approved by the City Commission,in its sole and reasonable E
discretion). The contribution will be payable and due at the time of, and in E
conjunction with, Contractors' franchise fee payments to the City.
s'
1'
f:
9. Upon.its execution of this Service agreement and thereafter on October V of each
year during the Term, each Contractor shall pay collectively, in equal shares, the
sum of$75,000 ($25,000.00 per Contractor) per year, for support of educational E
programs in the City (in such time, place and manner as determined by the City
Commission, in its sole and reasonable discretion).
10. Upon its execution of this Service Agreement, and thereafter on October 1St of
each year during the Term, the Contractors shall collectively pay to the City an
amount of$400,000. The proportionate amount due by each Contractor shall be
determined by their respective current Market Share. These funds will be used to
offset costs incurred by the Sanitation Division's efforts to eradicate illegal
dumping.
1.1. Upon its execution of this Service Agreement, and therefore on October 1" of
each year during the Term, the Contractors collectively,in equal shares, shall pay
to the City the sum of twenty five thousand dollars ($25,000)per year ($8,333.34
per Contractor), for support of environmental programs in the City (the time,
place and manner or such prograYn to be determined by the City Commission, in
its sole and reasonable discretion).
i
NOW THEREFORE, City and Contractors, in consideration of the mutual covenants
i
herein contained, b agree as follows:
�
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into
f
this Agreement.
E
i
4
f
2. LIAISON BETWEEN CITY AND CONTRACTORS
All dealings, contracts, notices and payments between Contractors and the City under this
Agreement shall be directed by Contractors to the City Manager or his designee, who
j
shall be the Sanitation Division Director.
3. COWNIENCEMENT OF WORK
The work outlined herein shall commence immediately upon receipt of a Notice to
Proceed issued by the City Manager or his Authorized Representative, who may be the
City's Sanitation Division Director(but in any event no later than October 1, 20144
4. TERM
4.1 The term of the Agreement shall be for a five (5) year period coininencing
retroactively on October 1, 2014 (Commencement Date), and terminating on
September 30, 2019 (Tenn).
4.2 Notwithstanding subsection 4.1 above,this Agreement shall be subject to periodic
review by the Mayor and City Commission, with the first review period on or
about six (6) months from the Commencement Date of this Agreement, as set
forth in subsection 4.1, and thereupon on or about a date every six (6) months
thereafter throughout the term hereof. The City Commission's review shall be
discretionary, and shall assure that the terms and conditions of the Agreement are
being complied with and, particularly, that Contractors' performance pursuant to
the Agreement does not adversely impact Contractors' performance as a
franchisee, including, without limitation, its fees, rate structure, costs (i.e.
increases), in such a manner as to negatively impact its duties with "private"
customers in the City (as set forth in Contractors' respective non-exclusive
franchises for solid waste collection and disposal services). In the event that the
City Conunission, in its sole reasonable discretion, determines that there has been
5
.._...__........___................
such an adverse impact, it reserves the right to tenn.inate this Agreement for
convenience,pursuant to Section 19 hereof
5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee designated in writing by the City
Manager to represent the City in the administration and supervision of this i
Agreement. The City Managers Authorized Representative shall be the City's
t
Sanitation Division Director, unless otherwise changed, in writing, by the City
F:
1;
Mal-lager.
F:
5.2 City: City of Miami Beach,Florida, and its authorized representatives.
i
5.3 City Manager: The City .Manager of the City of Miami Beach, Florida, or his
Authorized Representative. `
f
5.4 Construction and Demolition Debris: Materials generally considered to be not
t
water soluble and .non-hazardous in nature, including, but not limited to steel,
I
i glass. brick, concrete, or as roofing material, pipe, gypsum wallboard, and
3
lumber, from the construction or destruction of a structure as part of a
construction or demolition project, and including rocks, soils, tree remains, and
other vegetative matter which normally results fi-om land clearing or land
development operation for a construction project.
5.5 Contractor(s): The person(s), fa-m(s), corporation(s), holding company(ies),
organization(s), agency(ies), or other entity(ies) with whom the City has executed
this Agreement for performance of the work or their duly authorized
representative(s). All successors to Contractors are included in this definition.
i
i
5.6 Disposal Costs: The "tipping fees" charged to Contractors for disposal of the ?
garbage and trash collected by Contractors.
6
1
5.7 Garbage: Every refiise accumulation generated of animal fruit, vegetable, or
E
organic Matter that attends the preparation,use, cooking and dealing in, or storage
of, meats, Fish, fowl, fruit or vegetables, and decay, putrefaction and the
f
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.
5.8 Garbage Can or Container: A container made of galvanized metal, durable plastic
I
or other suitable material of a capacity not less than ten (10) gallons and not to
exceed thirty (30) gallons approved for use by the City Manager or his designee.
Such Container shall have two handles upon the sides thereof, or a bail by which
it may be lifted, and shall have a tight solid top
5.9 Gross Receipts: as referred to herein shall mean the entire amount of the fees
collected by the contractor (whether wholly or partially collected.) for solid waste
collection and disposal within the City, but excluding any sales tax, or other tax,
governmental imposition, assessment, charge or expense of any kind, collected by
the Contractor from the account holder and required by law to be remitted to the
taxing or other govertunental authority, and further excluding fees from servicing
rolloff and portable containers.
5.10 Industrial Wastes: Any and all debris and waste products generated by
E
manufacturing, food processing (except restaurants), land clearing, and
E
commercial shrubbery or tree cuttings, building construction or alteration (except
do-it yourself projects) and public works type construction projects whether
performed by a government unit or by contract. s
5.11 .Landfill: Any solid waste land disposal area for which a permit, other than a
general permit, is required by Section 403.707, Florida Statutes, that receives
r
7
.. .................._,...._.....__._........._.............................................................. d
9
}
f
solid waste for disposal in or upon land other than land-spreading site, injection
f
well, or surface impoundinent.
i
5.12 Loose Refiise: Any refitse, either garbage or trash, stored in and collected from
any type of container other than a mechanical container or garbage can as
{i{
1
described in Section 5.8. Refiise which is collected from the ground is considered t
loose refuse.
5.13 Mechanical Container: Any detachable metal container designed or intended to be I
mechanically dumped into a loader/packer type of garbage truck used by the
Contractors.
5.14 Market Share: The .Market Share as referenced herein shall be determined by
taking the total amount of Gross Receipts for a particular Contractor and dividing
it by the total amount of Gross Receipts for all Contractors collectively. Market
Share for each respective Contractor shall be calculated, based upon the
aforementioned formula, and determined by the City's Sanitation Division
Director, on September 1 of each year during the Term of this Agreement.
5.15 Recyclable Materials: Those materials which are capable of being recycled and
i
which would otherwise be processed or disposed of as solid waste. Any
recyclable material mixed with solid waste shall be considered to be solid waste.
5.16 Recycling;: Any process by which solid waste or materials which otherwise
become solid waste, are collected, separated, or processed and reused or returned
to use in the form of raw materials or products.
5.17 Refiise: Both rubbish and garbage or a combination or mixture of rubbish. and
garbage, including paper, glass, metal, and other discarded matter, excluding
recyclable materials.
8 .
.__..._..._..............._....._...........................................
l
f
f
5.18 Refuse Regulations: Regulations prescribed by the City together with such
d
3
3
administrative rules, regulations; and procedures as may be established for the
purpose of carrying out or making effective the pro
��isions of the Agreement.
5.19 Remodeling and Horne Repairs Trash.:Materials accumulated during the course of
I
E
a self-performed improvement project,prepared in lengths not exceed five(5) feet
or forth(40)pounds in weight.
5.20 Roll-Off Container: A container with a minimum capacity of ten cubic yards
i
tE
designed to be transported by a motorized vehicle.
x
5.21 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse
and other discarded material.
I
5.22 Solid Waste Disposal Facility: Any solid waste management facility which is the
3
I
final resting place for solid waste, including landfills and incineration facilities
that produce ash from the process of incineration municipal solid'waste.
3 5.23 Special Waste: Solid wastes that can require special handling and management,
including, but not limited to, asbestos, whole tires, used tires, used oil, lead-acid
batteries, biological wastes, infectious waste. hazardous waste, loose refuse,
industrial wastes, and construction and demolition debris.
5.24 Specifications: Directions, provisions and requirements together with any written
contract made or to be made setting out or relating to the methods and manner for
the work to be carried out.
5.25 Waste/Solid Waste: Includes bulky waste, commercial refuse, garden trash, trash,
hazardous waste, industrial waste, residential refuse, and white goods, as these
i
words are defined in Chapter 90 of the Mianii Beach City Code, as well as other
discarded material, including; solid, liquid, semi-solid, or contained gaseous {
f
6
f
material results fiorn do2nest.ic, industrial, or commercial operations.
9
i
...................................................................
5.26 White Goods: Inoperative and discarded refrigerators, ranges, water heaters,
freezers, small air conditioning units, and other similar domestic.
5.27 Yard Trash — Regular: Vegetative matter resulting f rom yard 1 a 1 1 dsca p i g
maintenance, including materials such as tree and shrub trimmings, grass
branches -,et in
clippings, palm fronds, or small tree brai es not in excess of four (4) feet
length and four (4) inches in diameter. Such trash shall be bundled or placed on
containers which are susceptible to normal loading and collection as other
residential solid waste. No bundle or filled container shall exceed fifty (50)
pounds in weight.
Is
5.28 Yard Trash— Bulk: Large cuttings of vegetative and wood.matter which are part j�
of normal yard maintenance whi.6h cannot be cut for placement in container, bag,
of bundle due to the material exceeding the weight and size restrictions for regular
yard trash. Bulk- yard trash shall be of a type as to be readily handled by the
mechanical equipment of Contractors and bulk yard material shall not exceed six
(6) feet in length. Bulk yard trash does not include any form or matter or debris
resulting from tree removal, land clearing, land development, building demolition
or home improvement. Home improvements as defined herein would include but
n ot'be limited to carpeting, cabinets, dry wall, lumber, paneling and other. such
construction related materials. Carpeting will be picked up by Contractors if cut
to length of six (6) feet or less and bundled. Bulk and trash does not include
automobiles and automotive components,boats and internal combustion engines.
6. SOLID WASTE COLLECTION/DISPOSAL PROGRAM
6.1 Contractors shall provide solid waste collection services to City facilities, parks,
litter cans in the public right of way, and City-owned and/or other public
10
............................. ---------
property(ies) within.the City limits of Miami Beach, and as more specifically set
forth in Exhibit"A", attached and incorporated herein.
6.2 Contractors shall provide, at their own expense, all labor, insurance, supervision,
machinery and equipment, plant building, trucks and any other tools, equipment,
accessories and items necessary to maintain the standard of collections and
disposal.set forth.herein(including roll-off containers).
6.3 Protection of Adjacent Property and Utilities: Contractors shall conduct all work
(including servicing of roll-off containers)in such a manner as to avoid damage to
adjacent private or public property and shall immediately repair or pay for any
E
damage incurred through their operations. Contractors shall take cognizance of
f
all existing utilities and shall operate with due care in the vicinity of such utilities
and shall immediately repair (or have repaired), at no cost to the City, any
breakage or damage caused by their operations.
6.4 Sip llag-e: Contractors shall. not litter or cause any spillage to occur upon the
premises or the rights-of-way wherein the collection shall occur (including the
servicing of roll-off containers). In. the event of any spillage caused by
f
Contractors, clean-up of spillage shall occur within four (4) hours of notice to
Contractors from City, and if the spillage is .not picked up within four (4) hours, 3
i
the City may, at its sole discretion, pick up the spillage and bill the Contractors
3
for the pick-up, which the Contractors shall promptly pay. Notwithstanding the
f
foregoing, Contractors may refuse to collect any solid waste that has not been
placed in a garbage can or container, or tied., or enclosed so that leaking, spilling
and blowing is prevented. f
6.5 Frequency of Collection: Contractors shall collect solid waste in accordance with
the schedule provided in Exhibit"A"hereto.
11
f
i
.__._-._................__........_.........................................
6.6 Receptacle: Contractors shall be required to pick up all garbage and rubbish, as
contemplated.herein(which has been properly prepared and stored for collection)
as follows: all garbage, trash and rubbish shall be placed in a garbage can or in
such other plastic disposal bag and shall be placed at curbside on or at such other
single collection point as may be agreed upon by Contractors and the City. Non-
containerized trash shall be collected provided that it does not exceed four(4) feet
in length nor be greater than f.fty (50) pounds in weight for any piece or segment
of such materials.
6.7 Method of Collection of Garbage: As to all collections contemplated by this
Agreement (including the servicing of roll-off containers), Contractors shall-mare
collections with a minimum of noise and disturbance to the properties being
serviced and/or the surrounding neighborhood. Any garbage or trash spilled by
Contractors shall be picked up immediately by Contractors. Garbage receptacles
shall be handled carefully by Contractors, shall not be bent or otherwise abused,
and shall be thoroughly emptied and the left at the proper collection.point. Metal
cans shall be replaced upright with covers securely and properly in place, or can
e inverted with covers laced topside u on the ound next to the container.
b z d P P P �'
Plastic cans shall be inverted with covers placed topside up on the ground next to
the container. Any receptacle found in a rack, cart or enclosure of any kind shall
be turned upright in such rack, cart or enclosure and lids shall be placed securely
on top of said receptacles. In the event of damage caused by Contractors to
garbage receptacles, other than normal wear and tear, Contractors shall be
responsible for the timely repair or replacement of said receptacles within seven
(7) days of receipt of notice from the City.
12
._......w....._._,.......... _ .....................................
i
I
6.8 Schedules and Routes: Contractors shall provide the City with schedules for all
collection routes (including for servicing of roll-off containers) and keep such
I
information current at all tunes. If any change in the collection routes occurs, E
then the City shall be immediately notified in writing. All permanent changes in
I
routes or schedules that alter the day of pickup are subject to approval of the City
3
1
:Manager or his designee. The City reserves the right to deny Contractors'
vehicles access to certain streets, alleys and right of ways within the City in route
to the disposal site, when it is in the interest of the City to do so because of the
condition of the streets or bridges. The City shall not interrupt the regular
schedule or quality of service because of street closure of less than eight (8)hours
in duration. The City shall notify Contractors of street closures of longer
duration, and arrangements for service will. be made in a manner satisfactory to
1
the City.
6.9 Force Majeure: Contractors' performance and/or work hereunder may be delayed
or suspended at any time while, but only so long as, Contractor 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 Contractor;
provided, however, that if the.hindrance of prevention of performance exceeds a
period of thirty(30) days, the City may, at its sole option and discretion, cancel or
renegotiate this Agreement.
6.10 Collection Equipment: Contractors shall have on hand at all times sufficient
equipment in good working order to permit Contractors to perform their duties
f
hereunder fully, adequately, and efficiently (including servicing of roll-off
F
containers). Garbage collection equipment shall be kept clean, sanitary, neat in
appearance, and in good repair at all times. Contractors shall at all times have
13 E '
F j
8
available to them reserve equipment which can be put into service and operation
within two (2) hours of any breakdown. Such reserve equipment shall
f
substantially correspond in size and capability to the equipment normally used by
Contractors to perform their duties hereunder..
4
6.11 Refuse Quantities: Contractors represent and warrant that they have reviewed the
1
City's collection records and understand that, at certain times during the year, the
quantity of refuse to be disposed of (including roll-off containers) is materially
increased by the influx of visitors. Contractors agree that seasonal fluctuation '!
will not be justification for Contractors to fail to maintain the required collection
schedules and routes or to justify a rate increase.
6.12 Disposal at a Solid Waste Disposal Facility: Contractors hereby represent and
warrant to the Citv that all solid waste collected by them under this Agreement
( g
includin roll-of containers p
will be disposed of only at a duly licensed and
permitted solid waste disposal facility (as defined herein). The City reserves the
right to approve or disapprove said facility. In the event Contractors relocate
solid waste collected hereunder from an existing solid waste disposal facility to
another, other than a temporary basis, they will notify City in writing, within ten
(10)days, and Contractors shall also, within said ten(10) day period, provide City
with the licenses and pennits for said new facility.
7. ROLL-OFF 'WASTE CONTAINER PROGRAM.
7.1 Contractors shall place and service roll-off containers as specifically set forth in
Exhibit "A" hereto. Prior to placing any roll-off container, Contractors shall
obtain the required license(s) and permit(s) from the City Manager, as required
pursuant to Chapter 90 of the Miami Beach City Code. A copy of the current
14
_ w_ _.._...._.__._._.._...............................
permit application, as may be amended from time to time, is attached hereto and
incororated herein as Exhibit"B".
7.2 Frequency of Collection: Contractors shall service all roll-off containers, as
provided in Exhibit "A"hereto. With respect to the servicing of roll-off containers, City
and Contractors herein agree that the following subsections of the Agreement,pertaining
to the Solid Waste Collection/Disposal Program, set forth in Section 6, shall also apply to
this Section 7 and are accordingly incorporated by reference, as if fully set forth.herein:
Sections 6.2; 6.3; 6.4; 6.5; 6.6; 6.7; 6.8; 6.9; 6.10; 6.11; and 6.12.
8. COLLECTION OF RECYCLABLE MATERIALS.
8.1 Scope of Work: Contractors shall provide recycling collection services to City
facilities,parks, recycle containers in the public right of way, and City-owned and
other public ropert (t.es) within the City limits of Miami Beach, as specifically
Y
3
t
set forth in Exhibit"A"hereto.
B
8.2 Frequency of Collection: Contractors shatl service all recycling containers as
U Y 5 g
provided in Exhibit "A" hereto. With respect to the servicing of recycling
containers, City and Contractors herein agree that the following subsections of the
{
Agreement, pertaining to the Solid Waste Collection/Disposal Program set forth
3
in Section 6, shall also apply to this Section 8 and are accordingly incorporated by
reference, as if fully set forth herein: Sections 6.2; 6.3; 6.4; 6.5; 6.6; 6.7; 6.8; 6.9;
i
6.10; 6.11; and 6.12.
i
9. CONTRACTORS'PERSONNEL.
9.1 Contractors' Officer(s): Contractors shall assign a qualified person or
persons to be in charge of the operations within the Collection Area.
15 �
_....._.._..............__........__..._._._..................................
.._...._._..__..
i
F
Contractors shall give the names of these persons to the City. Information r
F
{
regarding the person's experience and qualifications shall also be furnished.
Supervisory personnel must be available for must be available for consultation
with the City Manager or his designee within a reasonable,practicable time after
E
4
notification of a request for such consultation. The supervisor(s) shall operate a
vehicle which is radio equipped.
9.2 Conduct of Employees: Contractors shall see to it that their employees serve
t h e public in a. courteous, helpful and impartial manner. No trespassing by
employees will be permitted nor crossing property of neighboring
premises unless residents or owners of both such properties shall have given
t
t
i permission in writing. Care shall be taken to prevent damage to property
3
including, without limitation, cans, carts, racks, trees, shrubs, flowers and other
plants.
Each vehicle operator shall, at all times, carry a valid driver's license for
the type of vehicle that is being driven. Contactors shall provide operation and
safety training for all personnel.
i
! No person shall be denied employment by Contractors for reasons of
race, sex, national origin, creed, age, physical handicap, sexual orientation
or religion.
9.3 Employee Uniform Regulations: Contractors' employees shall wear a
uniform or shirt bearing the company's name. Contractors shall ftimish to each
employee an identifying badge, not less than two and one-half(2 '/2") inches in
diameter, with numbers and letters at least one (F) inch high, -uniform in type.
Employees shall be required to wear such badges while on duty. Lettering
stitched on or identifying patches permanently attached to uniform shirts and
16
...........................................................
jackets will be acceptable. Contractors shall keep a record of employees names,
numbers and route assignments in a manner to allow identification of employees
at all times. Contractors shall provide their then current employee list(s) to the
City within twenty-four(24)hours of written notice from the City.
9.4 CoMpliance with State,Federal, County and City Law:
Contractors shall comply with all applicable City (including, without limitation,
Chapter 90 of the Miami Beach City Code, as amended from time to time),
Miami-Dade County, State of Florida. and Federal laws. as may be now or
hereinafter in.effect.
9.5 Fair Labor Standards Act: Contractors are required and hereby agrees, by
execution of this Agreement, to pay all employees not less than Federal minimum
wage and to abide by other requirements, as established by Congress of the
United States in the Fair Labor Standard Act. as amended from time to time.
10. CONTRACTORS' OFFICE.
Contractors shall provide, at their expense, a suitable office located within. or in close
proxitnity to, Miami-Dade County, open between 8:00 A.M. and 5:00 P.M., Monday
through Friday, with a telephone number where complaints shall be received, recorded
and handled during normal working hours of each week, and shall provide for prompt
handling of emergency complaints and all other special calls in accordance with Section
13 hereof. The office shall include recording equipment for receipt and logging of off-
hours calls.
Notification to Contractors shall notify the City, in writing about complaint
procedures,rates,regulations.
11. CONTRACTORS' PERFOIRAIAINCE.
17
........................................................................................................
Contractors' performance pursuant to this Agreement shall be supervised by the City
Manager of hi.s designee. If at any time during the term of the Agreement performance is
considered unsatisfactory by the City .Manager or his designee, Contractors shall
immediately take all steps necessary and unplement such procedures, as required to
properly perform under the Agreement, including, without limitations increasing the
workforce, tools, and equipment (as needed to properly perform under this Agreement).
I
The failure of the City Manager or his Authorized Representative to give such
notification shall not relieve Contractors of their obligation to perform. all work at the
g p i
I
time and in the:manner specified_by the Agreement.
I
Contractors shall furnish. the City Manager or his Authorized Representative any �
7'
i 3
information relating to the Agreement to ascertain whether or not the work, as performed,
is in accordance with the requirements of the Agreement.
The City .Manager may appoint qualified persons to inspect Contractors' operation and
equipment at any reasonable time, and Contractors shall admit authorized representatives
of the City to make such inspections at any reasonable time and place.
The failure of the City at any time to require performance by Contractors of any
f
t
provision herein shall in no way affect the right of the City thereafter to enforce salve,
F
nor shall waiver by the City of any breach. of provisions herein taken or held to be a
waiver of any breach of such provision or as a waiver of any provision itself.
12. COOPERATION/COORDINATION.
The City and its authorized representatives shall at all reasonable times be permitted free
access and every reasonable facility for the inspection of all work, equipment and
3
i
3
facilities of Contractors.
a
1
q
Contractors shall cooperate with authorized representatives of the City in every way in
9
order to facilitate the quality and progress of the work contemplated under this
18
i
a
F
i
Agreement. Contractors shall have at all times a competent and reliable English speaking
3
F
representative on duty authorized to receive orders and to act for Contractors in. case of
E
its absence.
13. COMPLAINTS AND COMPL:A.INT-RESOLUTION.
13.1 Complaints: Contractors shall prepare (in accordance with a format approved by
the City Manager or his Authorized Representative) and maintain a register of all f
complaints and indicate the disposition of each complaint. Complaints shall be
identified and such record shall.be available for City inspection at all times during
business hours. The form shall indicate the date and time on.which the complaint
was received and the date and time on which it was resolved. All complaints shall
be addressed within a 24 hour period, except when a complaint is received alter
12:00 noon on the day preceding a holiday, or on a Saturday or Sunday, in which
case the complaint shall be determined on the next working day. Legitimacy of
challenged complaints shall be determined on the basis of a joint inspection by the
City Manager or his Authorized Representative and a representative of
Contractors. Disputes shall be referred to the City Manager or his Authorized
Representative,whose decision shall be final.
13.2 Dispute about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractors with regard to the collection of certain items
due to disputes over interpretation of language in this Agreement. The City
Manager may from time to time notify Contractors by telephone and,'or facsimile
to remove all such refilse. Should Contractors fail. to remove the refuse within
twenty-four(24) hours from time of notification, the City may do so, and all costs
incurred by the City shall be reimbursed by Contractors. If it is determined that
s
F
i
}
19
E
..............................................
f
i
f
i
the disputed refuse did not conform to the specifications of this Agreement, the
a
Contractors shall be entitled to reimbursement.
14. SUBCONTRACTORS/ASSIGNMENT
Subcontracting or assignment of this Agreement will not be permitted, whether in whole
or in part,without the prior written consent of the City Commission.
15. INSURANCE AND INDEMNIFICATION.
15.1 Indemnification: Each Contractor hereunder agrees to indemnify and hold harmless
the City of Miami Beach, and its officers, employees and agents, fiom and against
i
any and all actions, claims, liabilities, losses, and expenses, Including, but not
3�
limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts, errors, omissions or other wrongful conduct of
said Contractor,its employees, agents, sub-contractors, or any other person or entity
acting under said Contractor's control, in connection with said Contractor's
performance of work pursuant to this Agreement and, to that extent, said Contractor
shall pay all such claims and losses:and shall pay call such costs and judgments which
may issue from any lawsuit wising from such clauns and losses, and shall pay all
costs and attorneys' fees expended by the City in the defense of such claims and
.losses,including appeals.
Each Contractor's obligation under this Section shall not include the obligation to
indemnify the City of Miami Beach and its officers,employees and agents, horn and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees
and agents. The parties each agree to give the other party prompt notice of any
20
._...._....................................................................
i
f
3
claim coming to its knowledge that in any way directly or indirectly affects the other
Pte'•
15.2 Insurance Required:
(a) Each Contractor must maintain, throughout the Term of this Agreement,
the following insurance coverage:
(1) Commercial general. liability, in the amount of$1,000,000.00 per
occurrence, for bodily injury and property damage. This policy
must include coverage for contractual liability. The City of.Miami
r:
Beach Florida must be nailed as an additional insured on this
F:
Policy.
(2) Automobile liability, in the amount of $1,000,000.00 per
occurrence, for bodily injury and property damage, covering all
vehicles owned, leased or used by the Contractor within the limits
1
3
of the City. The City of Miami Beach Florida, must be named as
an additional insured on this policy.
(3) Workers' compensation and employer's liability, as required under
Florida law.
I
b All companies providing insurance shall be authorized to do business in
� ( ) P P
the State of Florida and rated B+:VI or better by Best's Key Rating Guide,
latest edition.
(c) No change or cancellation of this insurance shall be made without thirty
(30)days' written notice to the City's Risk Manager.
3
(d) It is understood and agreed that all policies of insurance provided by the
Contractor are primary coverage to any insurance or self-insurance the
21
....._ _ .......................................................... €
I
E
City possesses that may apply to a loss resulting from the work performed
s
by Contractors pursuant to this Agreement.
P
(e) All policies issued to cover the insurance requirements under this
subsection shall provide full coverage from the first dollar of exposure. No
deductibles will be allowed in any policies issued pursuant to this section
i
i
E
unless specific safeguards have been established to assure an adequate
fund for payment of deductibles by the insured and approved by the City's
1
Risk Manager.
(f) As evidence of the above coverage, Contractors .must provide original i
s certificates of insurance to the City's Risk Manager, and these must be
approved by the Risk Manager prior-to commencement of services herein.
Contractor must submit a new certificate evidencing continuing or
replacement coverage prior to the expiration date of the insurance policies
and must submit annually certified copies of the liability Herein.
(g) Any deviation from these requirements must be approved by the City's
Risk Manager. The City reserves the right to increase the kinds and
arnounts insurance, of coverage required if the City, in its sole discretion,
deeins such increase necessary to protect the City.
16. DAMAGE TO OR DESTRUCTION OF EQUIPMENT.
If any item of equipment is damaged, destroyed, or stolen by an event which is covered
by insurance, Contractors will utilize the insurance proceeds to repair or replaces said
equipment. If the insurance proceeds are insufficient or the equipment has been damaged
or destroyed by an uninsured casualty, Contractors shall invest the additional funds
needed to repair or replace the equipment.
22
._..........................................
'17. EVENTS OF DEFAULTY BY CONTRACTORS.
Each of the following events or conditions shall constitute an event of default by
Contractors:
i
F
(a) Any material failure by Contractors to perform or comply with teens mid
conditions of this .Agreement, and said failure continues for thirty (30)
k
days after written notice to Contractors demanding that such failure be
cured.
(b) Filing by or against Contractors of a bankruptcy, receivership, assignment
for the benefit of creditors, liquidation, dissolution, composition or
reorganization petition, or other insolvency proceeding.
C) If the services work the Agreement shall be vacated or abandoned by
Contractors during the term of this Agreement for a period of seven (7)
days or more.
d) Any representations or warranties furnished by Contractors in this
Agreement are found to be false or misleading in any material respect
i
when made.
18. REMEDIES UPON DEFAULT BY CONTRACTORS.
In the event of default by Contractors,the City may, without election of remedies:
a) Without recourse to legal process, immediately terminate the Agreement
by delivery of a Notice declaring termination. (which shall become
effective upon receipt by Contractors), whereupon Contractors shall, at its
sole cost,remove the equipment;
b) Exercise all. remedies available at law or at equity or other appropriate
proceedings including bringing an action or actions from time to time for
recovery of amounts due and owing to the City, and/or for damages which
?3
.. _� _... ._._.. _._..._..._....._.....................................................................
E
pd
E
1
shall include all costs and expenses reasonably incurred in exercise of its
3
3
remedy, and/or for specific performance; and
t
c) Terminate Contractor's franchise pursuant to the provisions for
31
7
termination of same, as provided in Chapter 90 of the City Code.
19. TERMINATION FOR CONVENIENCE BY THE CITY.
THE CITY COMMISSION, IN ADDITION TO THE RIGHTS AND OPTIONS TO
TERMINATE SET FORTH IN SECTION 18 OR IN ANY OTHER PROVISION SET
FORTH INT THIS AGREEMENT, RETAINS THE RIGHT TO TERMINATE THIS
AGREEMENT, IN WHOLE OR IN PART, AT ITS SOLE OPTION AND
DISCRETION AT ANY TIME DURING THE TERM HEREIN,FOR CONVENIENCE,
1
WITHOUT CAUSE AND WITHOUT PENALTY.
F
f
Said termination for convenience shall become effective thirty (3) days following receipt
3
by Contractors of a ,vritten termination notice. Contractors herein agree that upon
termination for convenience there shall be no fiirther liability to the City, nor shall the
3
City have any further responsibilities or obligations to Contractors hereunder.
20. GOVERNLNG.LAW AND EXCLUSIVE 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
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 CONTRACTORS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
O.R.ARISING OUT OF T.HIS AGREEMENT.
24
_.............. ........................................ }
I
21. LIMITATION OF CITY'S LIABILI TY.
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
s
alleged breach by the City of this Agreement, so that its liability for any such breach
4
never exceeds the sum of$10,000.00. Contractors hereby express their willing
ness to
enter into this Agreement with recovery from the City for any damage action for breach
of contract to be limited to a maximurn amount of S 10.000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractors hereby agree that the City shall not be liable to Contractors for damages in an
amount in excess of$10,000.00 action or claim for breach of contract arising out of the
performance or non-performance or non-performance of any obligations imposed upon
i
the City by this Agreerent. Nothing contained in this paragraph 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 Section 768.28,Florida Statues.
3
22. REPRESENTATION A.ND WARRANTIES OF CONTRACTORS.
Each Contractor warrants and represents to the City that:
a} It has all requisite power, authority, licenses, permits, and franchises,
corporate or otherwise, to execute and deliver this Agreement and perform
its obligations hereunder.
b) Its execution, delivery, and performance of this Agreement 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 obligation
upon.Contractor.
25 f
� I
................................................................
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 threatening any notice of any violation of any applicable laws,
ordinances, regilations, rules, decrees, awards, pen-nits or orders which
would materially adversely affect its ability to perform hereunder.
e) It has or will have under its control as of the Commencement Date, all
equipment, machinery, manpower, and as necessary, to perform under the
Agreement.
23. COMPLIANCE WITH LAW AND STANDARD PRACTICES.
Contractors shall perform their obligations hereunder in compliance with any and all
applicable Federal, State, and local Miami-Dade County and City laws, rules, and
regulations, in accordance with sound labor and safety practices, and in compliance with
any and all rules of the City relative to the work. Contractors shall be responsible for
obtaining any and all government pen-nits, consents, and authorizations, as may be
required,to perfon-n their obligations hereunder prior to the Commencement Date.
24. TAXES,LIENS AND FEES.
At all times during the term of this Agreement Contractors 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 their operations including, without limitations, as to commercial personal
property taxes, sales taxes, and intangible taxes, and Contractors 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
26
..........................
..._........_ _ W.__..._..._--.____...........................................................................................
t
{
4F
t
the event that any lien or encumbrance of any nature relating to Contractors' equipment
or the operation or maintenance thereof is filed upon the City, Contractors shall have
thirty (30) days from the date written notice by City to have such lien or encumbrance
bonded off or discharged.
25. NOTICES AND CHANGES OF ADDRESSES.
All "Notices" to be given by either party to the other shall be in writing and must be
either delivered or mailed by registered or certified mail., return receipt requested,
addresses as follows:
To City: CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH FLORIDA 33139
ATTENTION: TIM HEMSTREET
ASSISTANT CITY MANAGER
WITH A COPY TO:
CITY OF MIAMI BEACH
SANITATION DIVISION
1700 CONVENTION CENTER DRIVE
MIAAMI BEACH, FLORIDA 33139
ATTENTION: ALBERTO ZAMORA
DIVISION DIRECTOR
To Contractors: PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
3840 NORTHWEST 37 COURT
MIAMI, FLORIDA 33142
ATTENTION: DA.MIAN RIBAR
GENERAL MANAGER
SOUTHERN WASTE SYSTEMS, LLC
2380 COLLEGE AVENUE
DAVIE, FLORIDA 33317
ATTENTION:TONY BADALA
GENERAL MANAGER
WASTE MANAGEMENT INC. OF FLORIDA
2125 NORTHWEST 10 COURT
MIAMI, FLORIDA 33127
ATTENTION: JASON NEA.L
GOVERNMENT AFFAIRS.DIRECTOR
27
............ ............... .................................................................
or such other addresses as either party may hereinafter designate by a Totice 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.
26. NO NVAIVER.
The failure of Contractors or the City to insist -upon the strict perfon-nance of the terms
and conditions hereof shall. not constitute or be construed as a waiver or relinquishment
of either party's right to thereafter enforce the same in accordance with this Agreement in
the event of a continuing or subsequent default on the part of Contractors or the City.
27. 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.
28. ASSIGNMENT.
The selection of Contractors as the service provider under this Agreement is based-upon
the Contractor's respective experience, capability, and financial ability to perform the
work- Contractors shall not assign, delegate or subcontract any of the rights or
obligations under this Agreement without the prior written consent of the City
Commission.
29. COMPLETE AGREEMENT.
This Agreement, when executed, together with all exhibits attached hereto as provided
for by this Agreement, shall constitute the entire Agreement between both parties and this
Agreement may not be amended,modified or terminated except by writing signed by the
parties hereto.
28
....................... ............................................. ............ .............. ...............
_......_._.....__.Y_._....._..........................................................................
3
3
f
30. 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.
INDEPENDEN T P ARTIES.
7
Nothing contained in this Agreement shall be deemed or construed for any purpose to
establish, between City and Contractors, a partnership or venture, a principal agent
E
relationship, or any relationship other than property owner and independent Contractors.
32. TIME OF THE ESSENCE
Time is of the essence with respect to each and every teen. and condition of this
Agreement.
j.
33. FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutess if any Contractor meets the
definition of"Contractor"as defined in Section 119.0701(1)(a), said Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by the public agency in order to perform the
service;
(b) :Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
3
otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the
City, at no City cost, all public records created,received,maintained
and/or directly related to the performance of this Agreement that are
in possession of the Contractor upon termination of this Agreement.
Upon termination of this Agreement, the Contractor shall destroy
any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records j
29
_..W........_........_..__.........................................................
6
i
i
stored electronically must be provided to the City in a format that is 3
compatible with the information technology systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
i Letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
f
f
transaction of official.business of the City.
Contractor's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Contractor does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the
City's sole discretion, avail itself of the remedies set forth under this Agreement and
available at law.
1
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 MIAiti`II BEACH,FLORIDA
ATTEST:
By:
Rafael E. Granada,City Clerk Philip Levine,Mayor
30
FOR CONTRACTOR. P.ROGRESS1N`E WASTE SOLUTIONS OF FL,INC.,
a Florida corporation
ATTEST:
By:
Thomas J.Fowler,Secretary Ke vin C.Walbridge,President
t
Corporate Seal
E
FOR CONTRACTOR.: SOUTHERN WASTE SYSTEMS, LLC, a Florida
Y
limited Liability company
By: Southern Waste Systems Holdings LP, a Florida
I limited partnership,its Manager
ATTEST: By: Southern Waste Holdings Management,LLC,the
general partner for Southern Waste Systems Holdings
LP
;1 y.
3
Witness Charles Gusmano,as the manager for Southern
Waste Holdings Management,LLC
Print.Name
E
Y
4
i
FOR CONTRACTOR: WASTE MANGEMENT INC. OF FLORIDA, a
Florida corporation
Y
ATTEST: '
By
Linda J.Smith,Secretary Timothy B. Hawkins,President
Corporate Seal
F
4(I
t
i
1
F
31
Y
NON-EXCLUSIVE FRANCHISE WASTE CONTRACTOR AGREEMENT BETMVEI N
CITY OF -kIt.- IMI BEACH, FLORIDA
AND
SOUTHERN WASTE SYS'TEIMS, LLC (FR.ANC.I-IISE.E)
FOR
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL FOR IVIULTIFANIIL1'
RESIDENCES WITH EIGHT (S) OR MORE UNITS; CONINIERCIAL SOLID WASTE
COLLECTION :AND DISPOSAL,
AS WELL AS FOR RECYCLING SERVICES FOR iN,li).'LTI-FAMILY RESIDENCES 1V1•'I11
TWO (2) OR MORE UNITS; AND FOR
CON111Jh;RC1AL PROPERTIES IN THE CITY OF NIIANII 13E.,1C:.H, I"LORIDA.
RECITALS
The City of. 1\11iulli Beach, Florida, (foes hereby find, determine alld Cleclare as fc►II(»vs;
(a) That it is in the public interest to ensure that all areas within the City I11111ts arc+
a(l�quatel} provide;d with hi�('h-gtlallty solid waste collection and disposal service.
(b) rl hat it is irr [Ile public interest to retain re�ulatc)r}� auth(�rity over solid \vaslc
c.ollc�ction and disposal, to the extent all()wcd bY law, beaulse of the o�+erri(lin
public health, safety and ka-elf�u-C consider�ltions a�sociatc(I with the provisii>n of
this se;r��ic:e.
(c) That it is in the public interest to retain Conti-01 over the use ofptlhlie right-of-"way
by solid waste; collectors to ensure against interference with the public
convenience, to promote aesthetic considerations. tend to protect tllc public
Investment III rlcyllt-of-way property.
((1) hhat It 15 rll till' pllbllc Interest to attract high-(Unlit)solid waste collectors.
(c) That it is in the publicc interest to CIISLIre th,lt high-quality solid wade collectl(:►n
tend dispostll Se""i" is maintained through it responsive complaint handlrnu,
procedure.
(f1 That it is also III the pllbllc Illtcl-cst fo" Solid waste collec[ors to offer' an(f (Iircctly
provide recycling services to their clients.
(. ) That the granting of a non-exclusive; franchise is the best Means of assuring that
the above.-described interests of tllc Cil),of•,blianli Becrlch are promoted.
11 That the October 16, 201 City C.011111lission Meeting, the Mayor and city
EXHIBIT �.'(?I111111SS1(>11 autIIOI'IZed the: C'11y .-1(Inlinistration to
ISSUC it [Zcyucst for
a
S +
FI-mrchi.a It•(r..lrr Cnrur��[ar�r :I�r�t nren�bun reel)1114-CA•llI and Sonrhern 14".�s/t .V:r./wro.
P11-c,of 1�
Quahl"icatio ns (RFQ) fbr franchise waste colleraC[OI's [O 1)rO1'Ide III UI11Cipctl solid
waste (i\,1S\V) collections and disposal services. inCluclirlg additional Solid
waste/recycling services at city-owned properties (Rer`cvclinp Services); and.
(i) That al. the ,July 2'. 2014 City Conlnlission iVlectino, the Mayor and C,'ity
Commission a(loptCCI Resolution No. 2014-2$681, accepting the recommendation
of the City Manager pertaining to the ranking of proposals pursuant to the RFQ
201 -17SSR; authorizing the Administration to enter into negotiations for rlcw
franchise agre;emellts with the top three (,) ranked proposers: Waste
Management Inc. of' Florida, Progressive Waste Solutions of' FL. Inc. and
S011thern Waste Systems LLC (Collectively the Franhisees), tier VlS\V and
ReCYCIin—� SCI'vlCCS, inClucdin'.1 other related public benefits to the City, which at a
111111111111111, should C(liltalll the S Illle (ol' more favorable:) 111ISI11CSS tCrllls thilll till'
exlstllll, service's agreement: Mid ftl.r111er alltl10I-iZlll& the City Manavel' and City'
Clerk to execute the f'.111cluse agreements and the additional services A�greernents,
161- all initial terlll of• live years, comillellcin" on October 1. 2014 and ending c)n
September �0, 2019, along \with a possible renewal term of Lip to three 3
' n ' (') years,
at the City CO1111111sslons sole discretion; and
(j) "1711(11 S(�utherll Waste Systems; LLC (`'Franchisee") has indicated to the City that
it is ready, willing, and able to provide the aforestatc(I services within tilt City of
Miami Bec-ich, in accol'dallce. Will, the 1)1'Uv1sIUl1S C011tallled 1t'IthlIl the f011o\1'111
lranlllse agreement (Franchise Aw,reement of Agreement), Chapter 90 of tile'CIt1'
Cc,(lc, CMnrl under the(arlrliti��nal) sel'vice a"I-ecment (Service A(1I-e CIllellt) (:\CCLIR-cd
simultanb-)usly herewith.
NO\V "I'llEREFORE, City M'd Franchisee. in consideration Of the I11(IRK1I Covenants hcrCin
contained, agree as follows.
SECTION L UEF1NITI.ONS
For the ptll'p()scs ofd this Apreeimilt. the t�,lli)�win<, w(>rds shelll have the Ic)llo«'ine
nit�ulin�s:
"Chapter- 90 of"the City Code" shall meall Chapter 90 of flit k iaml Beach City Co(Ie (the City
Code), as same Islay be amended fl'onl time to tilllc.
"Cirv" shall meall till; City of�Miallll Beach, Florida.
"City Commission" shall mean the elcctecl officiclls Of tile City of Miami Beach. Florida.
"City Manager- shall Mean the chief opel-atlllg office,-of the
City 01' Ills alltll0l'17_e(l deSl�Ilee.
f•rniu'Irr�rr 11".r.S.1e C thc 044)a►trl.S•uutlte►-u l irsic Svswms. L/_C
"Franchisee" shall mean SOLIthel•11 !Taste Syste111s1 LLC, which is hereby gn-antecl this Franchise
and has hereby agreed to uncleadke and perform each and every obligation as set forth ill this
�\�;recnlent.
"Gross Receipts" as referred to liei-ell, Sllall mean the cntll•C atllollllt Ot tllC fCCS Collected by the
contractor (whether wholly or partially collected) for solid waste collection and disposal within the
(;1C)l, htlt C'xcllldlllg ill!)' St11CS to\, ill' other tax, cgovenllllelltal Illlposltloll, dsSeSslliellt, (hail e C►I'
expense N any kind. collected by the Franchisee from the account holder and required by law ti+ be
remitted to the taxing or other governmental authority, xn(I further excluding fees from servicing roll
off anti portable containers.
"Service Agreement" shall lllean the certain agl'ecment betweeli the City and Franchisee for
tile provislon of additional solid waste collection and disposal and recycling sel'vlces at Certain Clty
ow ned futilities and properties. T'he Service Agreenient is intended to have a tcnll that will run
Concurrent wllh the term ui tllc franchise and this Agreemc;nt. Execution ot•the Service Agreement by
City and Franchisee is I condition of the Franchise; Agreerllent.
Alt\) other words or tt;rlllS WSW herein which are 11i►t defined in this Section shall have their
normal dICtIMMI•y 111et111111L, '111(1 C(IStO]llary LISa4IC 1Il1IeSS SIICII terllls are (lef ned 111 C11a111ei' go of,tilt-:
C'I y Code. I11 Which case they slMll Ilt1VC the lllealllm, set tortll therelll.
SECTION 2. GRANT OF FRANCHISE
hIICSIli1111 to Chapter 90 of"the City Code, which authorizes the "granting of franchises 6 r the
purposes set forth herein. Franchisee is hereby grallte(l a h'anchlse; including every right and privilec
appertaini11� thereto (except tls otherwise limited by Chapter 90 of the City Code, and/or by present or
future 1 (dcral, State told County ordinances turd laws); to operate alld mailit4aill a solid w"Iste collection
'111(1 disposill service, tend Also to IN-OViCIC such recycling serviCCs as contenlPlated in Section 90-23 1 of'
the City Code, in, (Ip011, OVC1' tlncl across the present and future streets, alleys, bridges, easements and
�
�
Franchise IyCh.n",a,C1m and avilhm, xumSvSte?muc
*�,*��/v
other public huht-n�noys, poopuny(ics). ood/or [hci|i�y(ics} "/iU�in U�c |imirs uf U�c Ciry of NJiami
Beach, Florida. [br doo puq)osu ofcoUuc/in&I und disposing o[ solid xosrc, and Knr dhupuqnoxo of'
pnovidin�grecyc|in" services os coommp|nud in 8ccdoo 0O-23! of' the City Codc, ocncn/tcd hy /hm
cibzcns, residents, in)mbitonts, buSincss eotexlrisesund udhercnddcs dhoncin. Except fbrRcoyc|ob|e
Material otherwise provided for puounnr to Chapter 80 of the CityCocc. and/or by present or [uoonc
Fcdcno|, 81a(corCountyordinances and laws, Franchisee is hereby 4.11-on/cd hUo to all of,Rich solid
v/ume ("cncrucd within Said houndorics, inao[or as the City call establish its legal right to mokc such
�u/n/ u[hUc.
SECTION 3. GEOGRAPHICAL LIMITS OF THE FRANCHISE
Thc area covered by this franchise is the c(ty |/mks n[(hc Ci|y ofM4iunii Beach, Florida, oy
�
they are now located and any aruos whioh moy oz somo b/turc time be iocorporated into the City.
Franchisee agrees that the Unnito of the hnnchisc are euhioct to expansion or rcduction byxnncxubnn
o/x] unorroui000[muniuipo| bounduhcsond that Frnnchiscc has nn vested right ill aypcci6cureil.
SECTION 4. TEA0,11
�
As x/ Frunchisee, {hu brnl ufdbiy hanchiscs|mU bodccmrd to have cnrnonenucd on Ouonhcr �
|, 2014. which ahuU be the cff'cc!ive date of this Aurcomcn/ (and may also be referred to as the
. L)onnnnex/uunent Date). The (nihu\ term of tile 6mnuhia: shall be five (5) years, commencing on dle |
|
|
Coil)nnoncelliont Date, and ahuU tenninouu oil 8optumbo' 30. 2019. uolCsm sooner mnni000d by
rovoo/hnn ofdlc huochiyc, as provided ill Chapter gOu[dhu City Codc (Initial Ton ). Prior m /he
expiration of the |nido| Tcnn of the 600cbiyu, the City Connnissioo may choose. in Its so|c
discrorion, k) rcnc* rhchunchisch)ruptounodditionu} 1hrcu(3) yuurroucwaiicmi (Ronexoillnn).
' �
Frell)chise ll"U.ile C.mill'Clool..Igyr elliew I)i'!{i-een till�..t'�j�rnld/(-(isle Mall t'villenl 1lic.DI .7orla;1
I'll�.v; j 18
SECTION 5. FRANCHISE CONSIDERATION
For a period of one year after the Commencement Date of this Franchise, the franchisee shall
Pay to tile City a franchise fee consisting of eighteen percent (18%) ofd said Franchisee's total
monthly Goss Receipts. ..(..hereafter, the City Conlnlission shall have the option ol, raising the
franchise lee, as provided in Section 90-221 of the City Code.
Gross Receipts from servicing rollollf containers Care not included under- the franchise fee due
to the City, and shall be subject to separate fees; as set Forth in Section 90-278 of the Citv Code.
Payment of the franchise Fee shall be made monthly in accordance with Section 90-22' of the
City Code.
In addition to I1lontllly payment of the franchise fee, and in accordance with Franchisee's
Proposal in response to the RFQ, the Franchisee shall (during the term herein) also pay an annual
amount equal to two percent (21"0 of its total annual Gross Receipts, to be applied by the City toward
the establishment. implementation and operation of'a public right-of- lay cleanim program, which
shall be operated tllroug.h the City's Sanitation Division. T'lle means, method and operation of this
program shall be determined and implemented in the C.'ity's sole and reasonable discretion. fhe
Franchisee shall. on or before thirty (30) clays t61lowin.: the close of its fiscal year, and in any event
no later than February 15x', o.f each year during the term of the franchise, deliver to the City's Chief
Financial Officer a statement of its annual Gross Receipts, certified by an independent certified
public accountant, reflecting Gross Receipts generated within the City for the preceding fiscal year.
Pavment of' the two percent (21yo) amount shall be made allnUally to the City's Chief Financial
Officer, concurrent with the delivery of Franchisee's certified statement of annual Gross Receipts (as
provided above).
Franchise- /mm [Ihcl`rev-11 Me CAM and Southern /�Isle SI;Stons, ur
*or»w'/x
Thuhu}nshcn:in6pootcd10 tile Franchisee. mndany |icensCs (1rnnuz rn tile. Franchisee bythe
City. ahuU not be ossigocd by the Fnxnukiscc cxcqp/ nidl thc express pj-�oroppnmvo| o[ �bc O/y
Comnmiosion, and osprovidod ill Section V0'|92(h)ofbbu City Code.
ln tile event, oFouoh assignment. Franchisee shall cause i�soss to t
, ����cc uxc�umon oCTrccncnr
ofococpLnocC, suNcct to dlc appno«u| of the {]iyDWonugnr, ovldcnuin_9 tbnt sudh uymiggncuoccop|s thc
ussiglnnunt Subject to any and uU ocons' conditions uod |irniuzhooy irnonycd hereby, ood which
� ncooptmncc shall include nn of6nnuhvc muuzmcnt evidencing yuch xsui(InCc'x inn:n, to fulfill Ulc
obligations inonoscd upnn Franchisee herein. No/wkhmunx]hlg the City's approval o[Un: nsmiunmux
and oeyignuu`y acceptance. Franchisee shx|} U'uaroukce 1he porhonnuncc o[ umyi0ncc mod suCh
osa�gnoncot shall always be with full rccoume \o Franchisee,
SECTION 7. BANKRUPITCY OR INSOLVENCY
� /[ dio Franchisee hcconca insolvent, dhis bnnchiyc xhuU terminate. If the Prnnchiycc tiles o
po i/ion Of vu|untury bmnkmptcy n« io dn: event Of 1nvo}unrury hmnkoupb:y, dds fi'unchiac shnU
tonnhnom no later than the Jmc of filing of the bankruptcy pcii\ion.
SEC'T10N 8. INDEMNIFICATION AND INSURANCE
Franchisee bmeby agrees to indemnity, hunnleau and defend the Cit v, its officers
cmp\oyucs, ugunca and contractors against uhJ assumes all liability for. any und all c|uirns` suirs,
actions, donnuggcs liabilities, expenditures, or cuuncs o[ nCbony~ OF uny kind, miuint, bnm
Franchisee's. und/ur its officers, employees, agents, and contractors, ochv and/or the usco[(hc
public streets and/or Other City property or hoht'of-vmyy. bmr the purpuscs authorized in Uilm
honuhiau and (o Chapter of the City Code, and nou|dn(Iurucuruin" fi-0111 unyoc�|itlenco oct.
nmisyion or error nfthe Fnynuhiscc and/or its officee, ugonks, employees and ounUouk)m. mokur �
1"r(m•hise I'P aqe Cu„rri,cvru :t ,ri,:,c,rr between the CalR ir„rl Smahctr„ 11,11sw sl�Iems, l..l.0
Page 7 q08
ei'
arising fi'0111 the failure of Franchisee, to comply with each and every covenant of this franchise, or
with Chapter 90 of the City Code, or with any other Federal, State, County and/or City ordinance,
law, 01- I•i 111�1tion applicable to Franchisee's activities, resulting in or relating to bodily injury, loss of
III-'e or limb, or dar»age to property sustained by any person, property; flrlll, corporation (or other
business entity). Franchisee hereby a&,rees to hold City, its officers. employees, agents and
contractors. harmless from and a(l linst all jtldo-ments, orders. decrees, attorney's fees, costs, expenses
and liabilities incurred in and about Tally such clairil. invcst.ioatioll or defense thereof; which may be
entered, incurred or assessed as a result of the foregoing.. Franchisee;shall defend, fit its sole cost and
expense, ally, leuml action. Clalill 01' I)MCUCllrlti lllstltUtcd 1)y any persoll awlinst the City, Its officers.
employees, agents or contractors, as it 1'Milt of ally claim, $lilt of Causes Of 21Ctlloll i1CCI'lllll"� fl'11111
activities authorized by this franchise, for injuries to body, limb or property as set girth above.
I'ranchise'.L ,Drees to maintain in full force and effect throu(ihout till:: entire Tenn of' the
f-I-Incllse. talc IllsllranCC; C<►veralleS scat forth in Section 90-196 of the City Code. Franchisee further
a-rees that the City Nrlanaoer may increase the kinds and amounts 01:insurance coverage required if";
in his silt; reasonable judgment arld discretion; he deems such increase necessary to protect the City.
Operation of activities by the Franchisee without the I- quired insurance shall be grounds I-or
rcvocallon of the franchise.
SECTION 9. CONIPLiANCL WITH ORDINANCES. RULES, LAN1rS
Franchise: shall be solely responsible: for keeping and maintalllino Itself fully illfoill-led with
all Federal, State, County 'clad City ordinances (Including, without limitation, Chapter 90 of the City
Code), laws. rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction
or authority, which in any mariner affect its activities and tills franchise, or which in ally wav affect
the conduct of' its work (L011cctively, the afore-stated are referred to as the Applicable Laws).
Franchisee shall at all tulles observe and comply with-all :applicable Laws. Additionally, Franchisee
Frrwchiso Rfisw C'orrtr-e!c;nr•.-l,,r,revr!enr bem-cell 11!c Cl 11),rrrrd So mher i! 11'u.ctc,.Se'.�r('u!,, I_LC
P(q,,v S 0/IS
shall be solely responsible for obtaining and nlc-lintalnln�L' cun'C-nt and in good standim, any licenses
alld perlllltS required ulldtl' Applicable Laws to conduct its belSilleSS(eS) and activities under tllc
franchise.
SECTION 10. REVOCATION OF FRANCHISE
Failure on the part of Fra.nchisce to comply in any material way with the provisions of,tills
Franchise Aareelllent, Chapter 90 of the City Code. or other Applicable Laws, shall be grounds for
revocation or termination of the franchise, which termination shall be in accordance with Section 90-
_234 of the City Code, and shrill be effective upon written notice to Franchisee.
SEC"TION 11. REPORTING. ACCOUNTING: AUDrr
Franchisee shall keep all accurate set of books and records in Accordance with general
aa:ourltin;� principles, retlectinya the Gross [receipts derived LIMICl' and put'suant to the franchise
rights ornnted herein. "File City shall havC the risllt to Audit Franchisee's hooks and records, as
provided in Section 90-224 of the City Code.
SECTION 12. COLLECTION EQUINMENT
Franchisee shall have on hand, at all times during the Term of the franchise, Sufficient
personnel and Cqulpmem t(:1 permit Franchisee to i"ully, adeCIL1,3 ly and eff lCICIltly pertOrnl its duties
hereunder. COIIe;Ctloll equipment shall be kept clean, sanitary, and neat in appearance, and in good
repair and working order at all tinges. The Franchisee shall at all times have available to it reserve
eClelipnlellt, which can be put into service and operation within two (2) hours of any breakdown.
Such reserve CC11111111lent shall substantially correspond in size and culpability to the equipment,
normally used by Fri-IncIllsec to perform its duties hereunder.
Franc:lie 17'rr.eri h.erweerr Me CAllf cmd Sowlrcrrr 61'osw Vmems. !.l_C
pail N.9 of,I S
SECTION 13. DISPOSI,
All solid waste shall be hauled to sites or facilities legally empowered to accept it for
treatment or disposal. The City reserves the right to approve or disapprove sites, taking into acccunt
all governmental regulaticlrls. routes %V ithin the fi;lncllise area, and the rules and regul<lticros Of the
governmental body llavlllg Illrlsdlctloll Over said sites or facilities
SECTION 14. COLLECTION SERVJCES AND OPERATIONS
Franchisee's procedures for collection of solid waste shall be in keeping with all provisions oi.,
Chapter 90 of the City Code and other fAppllcahle Laws.
SECTION 15. S'TORi11IS AND OTHER EMERGENCIES
In case Ot' an LillllSlially severe storm, and/or other extreme Nets of weather (i.e. including,
Without limit ltloll. tropical storm`, tropical depressions, hun'icanes, floods, tornadoes, etc.), or
disruption cilused by other emergencies not caused by Franchisee. the City Nkinager may grallt
Franchisee reasonable variance fl-0111 its rct"ular schcciules. As soon as practicable ilher such stclrm,
act of weather, or other emergency, Franchisee shall inform the City of the estimated time required
before regular schedules and routes can be resumed and, upon request of the City ,Manager mid in
such forin as determined by the City Manager, f=ranchisee. Shall provide notice of same Io its
Commercial and residential (1111.116 41111111V) CIIC lltS ill the fril11CI11Se -Irea. Ill eVellt of a stomp, act of
1vea.thcr, ol- either emergency 1-CClul M-1 IMISS CICZ111-Up operations. Franchisee Shall, llpoll direction of'
the City Manager, participate in said clean-up, to the extent directed by the City Manager.
Franchisee shall be compensated by the City, in the ,1111o1i11t of actual costs, plus twelve percent
(12%) of' said costs, and shall be e CLISCd fi-0111 conducting relrular SCI-Vices, as and to the extent
approved by the City Manager. Any expense incurred or revenue I-CCCIVed under this Section 15
shall not be 111Cluded or considered in rate base calculations.
�'IYlIIC�Il.�'� I►tl.(i' .I ll!!'t?r_'((il':ll"i:i'Ifli'lll�li'ilt't't;l!/�li:�.1`'���wid.SlJI/lhern ►-I(1.1'ic Sl'slants. 1.LC
Pa.,'i-10(1/1"IS
SECTION 16. NON- VAI[VER
The I'ililllre by the City m any tulle to require performance by the Franchisee of arly provisioll
hereof. or of Chapter 90 of the City Code, or of any other Applicable Laws, shall not in ally respect
limit, prejudice, Clllllllllsh, or constitute a waiver of any rights of the City thereafter to enforce same,
nor shall waiver by the City of any breach of ally provision of tilt Franchise Agreement. or of
Chapter 90. or of any other Applicable L.akvs, be taken or held to be a waiver of the City's rights to
enforce ()r take action against any such succeedino breach (of such prcwision), or as \V1.Iiver Of 10mv
provision itself.
SECTION 17. CONTINUED OPERATIONS DURING D[SPUTES
In the event that a dispute arises bctwcen the City and Franchisee (or any other interested
party) in arty way relating to this franchise (includinII performance or compensation 11C'I•CLIMICO the
Franchisee shrill continue to pel- ortn hereunder and to render set-vice in full compliance with ,ill
terms and conditions of the Franchise Ahreement rec,ard less of the nature of the dispute.
FrancliISCC expressly I-CCOy1117CS the paramount right and duty of the City to I)rovide.8CICCluate
waste collection and disposal services as i necessary governmental function. and further a�re es, aS
consideration for the City's approval and execution of this Franchise Agreement that, in the event of
a dispute, said Franchisee will not cerise performance or stop service during the pendency of any
suc{1 disputC.
SECTION 1.8. HANDLING OF COMPLAINTS
Franchisee shrill be bol.lnd bV Chapter 90 of the City Code with regard to handling of
Complaints fl•olll its patrolls.
/'ranchi,w 11'1 sre 1!11!1'(%(.'!1J!'A- pr''t'/11P!!!1)t.'!lt't'i'.1l the.CA18 1'l11i1 1.1_c
Awe I I of Is
SECTION 19. NONDISCRU IINATION
The franchisee a��7'ees that It has adopted and will maintain and enforce a policy Of`
nondiscrimination on the basis of !'ace„ color, national ongin. religion. sex, illtelsextlalit}', "Cliki- Idellllty,
sexual orienllllion, marital alld f1111111al st uns, and age Or disability. Said noncliscrl111111at1on policy Shall
apply to employment practices of the Franchisee and the provision of services. The Franchisee
ag►-ees that, upon written request front the City Manager, it Will pe►n111t access to its records of'
employment, employment advertisements, application forms, and other pertinent data anri records, by
the C'itV tar talc laurpoSCS Of investigation to ascertain compliance xvith the non-discrimination
provisions of this Section; provided, however, that Franchisee shall not be rcquirCd to produce for
inspection any records covering III), period of time more thlan two (2) rears prior to the effective date
of this franchise.
SECTION 20. RECYCLING SERVICES REQUiREMENTS
I. In accordance \Vltll the provisions ot'Sections 90-?31. 90-340. and 90-34 1 of the City
COCIC, dell'lil" till; Term of tills franchise, Franchisee shall Comply with the fbIlO roll recycling
1'ECllllrelllelliti:
(a) As a condition of the franchise, Each franchise waste contractor shall be
required to offer directly, or throm,h a subcontractor, who Shall be
licensed by the city and state, recycling for any and all accounts serviced
by the contractor(includirl(Ir. Without hillltation, any and all residential and
Commercial accounts).
(b) All of fi-anchisee's contracts (within the jurisdictional limits of the City of
Miami Beach) for waste collection and disposal Services (an account) For
ialultitamily residences and commercial aCCOUIlts shall also IIICIUde it
proposal to provide: recycling services. Such recycling-1. proposal slUill, to
the 1111x111111111 extent that is commercially feasible. maximize recycling
activity in the, City, and provide for sufficient flexibility in recyclable
materials container size and location, as is both necessary and Consistent
for tale' particular account.
(c) �, hether directly providcd, or subcoiltracted with a qualified recycling
contractor, etch recyclilll praposa) Shall require: Franchisee to disclose to
F)-a li,,-hisc I Pirslc C nrrlrrl(:Ir,r.l;r, nr�r�l hellivof thi,CAM wid Sowheru N ir.cle.SilSt ms. L.LC
1'r{tie 12 ol"M
the contract holder the savings offset that is anticipated as a result Of the
recyclingg and the. eonsegtlCllt recluction of solid waste disposed; provicicd,
however, that the recycling proposal (and the required savilgs offset) shall
remain within the laurview of the Franchisee and the; rllultiflillily or
COIT1111e1-CU''ll aCCOrint holder to negotiate.
(d) Pursuant to Section 90-2-31(b) of the City Code, with respect to
multifamily residences only, each of' 1=ranch1see's contracts must disclose
to an account holder that in the event that the recycling b.id and/or price
quote (Hereinafter, the offer) provided by the contractor to all account
holder who is 11 OWller, occupant. or operator or manger of an apailment
building or the rlulltifanlily residence. is deemed unfair by said owner,
OCCUpallt. Or operator or manger, then the aggrieved party may file it
protest with the City Manager, in writing within 30 days of receipt of the
offer by the aggrieved party; the protest must include a copy of-'tile offer;
and must clearly state the reasons and grounds upon which that the
a�mgrieved party consiclers the offer to be unfair.
(c) Each franchlSe waste Cotltractor must appropriately designate the recycling
collection Cc>nlairlirl'S they pr���Jicle to Ctlstonlers. The containers must
contain the appropriate signage and information, as shall be established
and approved by the City. Additionally. each franchise waste CUIItI'i1Ct111
shall assist and provide written notice to the Director Of' Public Works in
identifying multifamily accoullfs and conllnercial Accounts which clo nut
have a
recycling program or, in the alternative, which have allowed a
recycling program to lapse or expire.
11. PU1'sllallt to Section 90-3140 of the City Code, each Franchisee, w-hich provicic:s solid
waste services as a franchise \vaste contractor, shall offer those recycling services for anvmUlti-family
residence with Mille (9) or More dwelhllu units; and effective November 1, 2014, for ally 11111164,111111y
residence with t\-\-o (2) or more dwelling rllllts. as a single stream recycling process ar as a maditiecl
rec\'Cling program. r 3
I o�ram, as nlorc. p�lrticularl} sc.t forth ill Sc,ctlon 90-_x=14.
(a) Pursuant to Section 90-340(l) the recycling services fOl 111UIllfalllrll'
residences shall consist of a single stream recycling process. The sinul'
stream recycling process shall separate, fi•onl all other solid waste. the five (5)
f01101,ving recyclable materials:
I• 90-340(b)(1.) Afei,vspi-ipev Used or discarded newsprint, including any
Or inserts;
2. 90-340(b)(2) glass. Glass .jars, bottles, a11d Containers of clear, green
of amber (brow) color of any size or shape; used to store 111cUur
package food acid beverage products for human or animal
1'•ranclrise J!'irslrr t; Aoar,t:nrurr!benrtcrr llr,.r Crllb'inrrl.Srirrtlrcrr;bl�rslt 1_/_(
Pel"C 13 c.r�1 tit
COJISLIIiii)tloll, and/or used to package other products .which must be
empty and rinsed clean or residue. "(his tC IIII excludes ceramics,
window,or automobile glass, minors, and light bulbs;
�. 90-340(b)(3) llfefal fi)od and bcweU•a`�c containers. All ferrous and
nonferrous (i.e., including, but not limited to, steel, tin-plated steel,
a1U1111nL1m and blinetal) food and beverat,e coiltillllers (i.e., inclucl1110,
but not limited to , cans, platers, and trays) of any size or shape used to
store and/or package food and beverage products suitable for human or
zlninlal consumption, which must be empty and rinsecl clean or residue;
4. 90-340(b)(4) Othei-metal conte nel-s. All ether ferrous andl nonferrous
containers Used to package hi,llsehold prdlClucts including, but not
Iimited to, paint cans Land aerosol ci111S, 11']l1Cll mUS1 be e lll)tY alldl
1'111-Sed clei111 or reside. and,
5. 90-340(b)(5) Plastics. All high density Polyethylene (FIDPE) and/or
polyethylene terepht}lalate (PET) bottles, jugs, jars, cartons, tubs,
and/or other containers, and lids, of any size or shape used to package
trod. beverages, and/or other 11OLISehold products, or crankcase oil.
w-hich must be empty and rinsed clean of I-CSidUe. This term excludes
all plastic Film. plastic bags, vinyl, rigicl plastic: (i.e., toys), and plastic
Foam materials.
lll. Each Franchisee, as a franchise waste contractor, shall otter those recycling; scl -ices
10r Cl)nlc ri cI GSCfb11S17 �1IS, 1111ae stl'(-'all, 1'cc1'lalll� process, as 111oi'e particularly S(:t t01rt11 111
Section 90-3 1 of the Clty Ci)Cle, ol• its a 1110(j,
llO(II f ec, r'ec)'cl, pri)grillll, lS 11-lore particularly Set torth Ill
Section 90-344 of the City Code.
The sillule stream rccvclilio process shall sepm-atc. Front all ether solid waste, the Iollowing
recyclable nmterials:
1. 90-34/(h)(/) cardbocwd, 1nagC1-I.ne,•, ai'Jd catalogues•, tele:�phone
books uncl%
|
Frallchise«� mmi ind Sot tikv-it�/���� ur
«or/*'�/^
p]xkcs. and trays-) Of'u11\1 y(zr oryhopc uucd un sb`n: and/or package food and
ucvem�o pnnducrs suhah|c /br homon orunirno| coomuompbml, nhIch mumt hc
cn'p|yundnuscdc!ounoruyiduu;
4. 90-341(b)(4) Other Inefal omminet-s. All u(bCI- ieTrOuS and nonterl'OuS
CoMitallICTS unod to package hooychn|d pnx|u�� hmo|udin�
hn�obd Uu c110t|crux o|iomrimrood i to,cons and aerosol cans, which nnum bc cniptyond
nIdudhI') ocrop onetu|, which xbuU mcun uscd nr discarded {1coos muitnNc /c)'
recycling coosiodno Predominantly of f�nous rnc�/� m|uolinum hnmm
copper, (ead` cbm000iuno, ho` nickel oruUoys dhcrcu[ino/uding, but noL'|ionh—`
| to` bulk n�xuu/s such os hr�c mcm} fixmurcs yod opp|ionccy (indudio� wh`"
�nods nuch as woohio� moohin�� rc����o�on� eucj. but Czc|udin� Metal' '
unn|amcr uhUzcd to suorc Dnn nnublcur vo|oblcchcn icu/� uuuh uy [uu| mn
._.
5. 90-3444)(5) P/os/ics. All 111011 dunsir/ Po\ycd'y}cnc (K1JyE] and/or
po/yenhNunc n�cohd�e!o�c (�E]) hon/ca ' ' '
_ . .]u�s.]ao, cudnnx. �ub� muknrn�hcr
conmnnerm and lids, nyuny mixc or shupo uoed to
^nookag o fbod
" beverages,othorhnuaehold prnduc/s` or crankcase oU empty
hioh nu� bc und hnscddono[rcs(d �. Thu |con excludes uU pIasdc Ohn, y!umicho&s.ricTid plastic(i.e., uoy»)' mndp|usoc ,
rnam n�u\cnu}s.
6. 90-3'4111))(6) Textiles,- and.
7. 9 0-34/(1�)('72) Hlood. Clean woo(l waste u/xI/Or piuCes generated as by-
Products bnm ooaruu{�Ic|uhn� ofwnod produuy. || oxdudcm clean yon1 waste
ond c/con vvostc (i.e., nutura| vc"ouuiun all mnincro}e Suoh
x . ump� hruxh
`Nuukherg/ vhncs. trcc hrunchms. mjd osyociakxi diM, ound
tree bork` sand and rocks)` treated |unmhur wood pieouy` or particles Containing Chemical cnnpnyibon nxfin'� roofing paper, insulation, shccunck. -g/msa.
�
If this Franchisee Aprccmcnt, or ony poovision derco[ ia round to be invuhd or
uncuoah|ubonu| by nny coun of competent 'urisd/chon, and/or if Frunobiycc is pI-uvmj!cd hn/n
cxcrcisin" its huh/s horcundorbv present or [umunr Federal. 8noc nrCoun;ynnjiouoocsor |ax,S o/n]
Fruouhimec'y hdny undcr �h�s �unch/nc nro mok:rinUy impaired dhunchv, Franchisee shall huvc no
c|x/m or Cause ofaction agahis|the City therefore. �
�
�
,
l�rnrtcarr.c 11`irstc C'r;rurin_tur A rc'�rucrtt hctucr.:r:tlrc' 113 11/111 SOrNhcru 11`c vle Sv-sl nc.L LC
IS
SECTION 23. PONVER TO REGULATE STREETS
Nothing in thi: A�ree111er1t shall be COIISIrtled as surrencler by City of its right or power to
pass or(linances re�zulatirl the use of its streets, alldiol' othe►' public right of ways, and/ur public
properties or facilities.
SECTION 24. ACCEPTANCE OF FRANCHISE
This Franchise Agreement shall be tiled with the 11/liami Beach City Clerk within twenty (20)
clays after the date of approval of the franchise by the Mcuyor and City Colllillissloll and crecut'011 by
the pal-ties hereto. I�ilin� of a fully executecl Franchise Agreenielit with the City Clerk shed) be
deenled proof'of Franchisee's acceptance of the franchise.
SECTION 25. GOVERNING LAW AND EXCLUSIVE VENUE
This hrinchisee Ap-reenlent shall be ;governed 1) , and construed in accorclance with. the la��
of the Statc of"Florlda. both substantive;and 1'ellie(Ila1, \vltllotlt regard to principles of c(111flIct(-)I.,Ii111's.
The cxclusiVe venue iior any litigation arising out of this A�greenlcnt shall he Miami—Dade COMA)',
Florida, if in State ci�urt. and the U.S. District Court, Southern District of Florida, if in Federal court.
BY ENTERING INTO THIS AGREEMENT, CITY AND FRANCHISEE EXPRESSLY WAIVE
ANY RIGHTS EITHEIZ PARTY MAY HAVE TO A TRIAL BY .JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THJS AGREEI•I.ENT.
SECTION 26. NOTICE
All notices and i)111111t1IlMI tr 1 nS I writing,nu`
l-c qul' .,
d or permitted hereunder may be dclnrcrcd
personally to the representatives of the Franchisee and the City listed below or may be mailed by
retiistered mail, postage prepaid (or aimiailed if addressed to an address outside of the city of
ilispatch).
Until changed by notice in writinti, all such notices and communications shall be addressed as
tollows:
Frnffchise l)'rf,ai:CrJlft!'NCtl,71':l.r'�futtfu hi:•nr 11 the C:1ih�rucl.Snf;th��tf i!4'f.�;C 1 '�us.1.1_C.'
PC{�,�i'16 o(/,S'
TO FRANCHISEE: Southern Waste Systcllls, LLC
2.380 College Avenue
Davie, Florida 33142
Attention: Toby Badala
General ManaVer
TO CITY: City of Miami Beach
Attll: ,1111 my L. Morales, City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-70 10
11'1T1-i COPICS TO: City of!Chaim Beach
Attn: Eric Carpenter, Public Works Director
1700 Convention Center Drive
Miami Beach, Florida 3 31 19
(305) 673-7050
and
City of Vlianli Beach
Attn: Alberto Za11101-ii,Public Works Sanit,ltion Director
1 700 Convention Center Drive
Miami 13e,1c11, I"lori(1rl 33139
(305) 673-7616
Notices llereuildel-shall be effective:
11 delivered personally, oil delivery: if mailed to all address I11 the city ol�clispjitcll. oil the day fol10%vj I
the date mailed; and it'111ai1ed to all address outside the city of dispatch oil the seventh day followint,
the date mailed.
SECTION 27. FLORIDA PIJ13LIC RECORDS LANV,
Pursuant to Section 119.0701 of the Floncla Stahltes. if the FranChisee mots the defllition of
"Contractor"as defined in Section 1 1 9.0701(1)(.a), the franchisee sllal I:
(a) Keep and 111MIltaill public, records that oi-dinanly and neressarily would bey
required by the public atUency in or to perfonll the service:
(b) Pl.ovlde the public "'.101 access to public records on the s"ulle terms and
conditions that the public agency would provide the records and at a cost
that does not exceed the cost provided in this chapter or as otherwise
cr,rclrL�c: ►i elsu: Con I ruclor Amve,,,e,rr belliv c,r the C'WH and.Sor,rbern lYaste.S'i.�r r,;s.!.•%.<.'
Awe 17o1•l8
pl ovlded by law.
(c) Ensure that public records thal are exempt or confidential and exempt
fi•onl public recor(IS disclosure recluirenlents are not disclosed except as
authorized by law; and
(d) N/lent all requirements for retainill�o public records and transfer to the Cit}-;
at no City cost. all public records created, rece'Ved. lllaintained and/or
directly related to the performance of this CIreement that are in
possession of the Franchisee upon termination of this Agreement. Upon
lei-Illinatlon of this A�reetllent, the f ranchlsee shall destl-ov any duplicate
I.)Ubllc records that are exellll)t or confidential and exellll)t fr0111 I)Ublic
records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the infc►nII.-I n
technology systems Of'the City.
I°or purposes of this Article, the tool "public records"shall meals all documents, papers, letters,
maps, books, tapes, plloto,�,raphs, filins. sound recordings, data processln software., Or other material.
re ardlcss of the phvsic"tl form. characteristics, or means of trallsilllssioll. Made or received put-Sllallt to
Law or ordinance or in conncetioll with the transaction of official business ofthe City.
Franchisee's failure to comply with the public records diSCIOSllre requirement set forth in
Section 1 19.0701 of the Florida Statutes shall be a hreach of this Aoreemellt.
IIi the event the Franchisee does not Colllply with the public records disclosure requil•clllcnt set
forth in Section 119.0701 ol'the Florida SUIRlIeS, the City may, r11 the City's sole discretion, j,v,til itself'
Of rile I-ClIledies set Barth Under this Agreement and ava.ilahle at law.
iREINIAll-NDE.R Of T 11-11S PAGE LEFT INTEINTIONALLV 6LANKI
' I
Franchise I!ir.rle°t:nutriri:lnr.I.�rec nr,�ru henrven!lre CA 1B(Met Southern II•'rrsre St.-stems. LLC
-i.'
IN WITNESS WHEREOF, the parties hereto have caused this Franchisee Adn-ecment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAA'il BEACH,FLORIDA
ATTEST:
By:
Rafael E. Granado, City Cierl: Philip Levine, 1•layor
FOR FRANCHISEE: SOUTHERN WASTE SYSTEINIS, LLC, a Florida
limited Liability company
By: Southern Waste Systems Holdings LP, a Florida
limited partnership, its 1 Ianager
ATTEST: By: Southern Waste Holdings Management, LLC, the
general partner for Southern Waste Systems I-Ioldin s
LP
By:
k s Charles Gusmano,as the manager for Southern
i- k4VN�1 Waste Holdings klanagernent, LLC
Print Name
i
i
EXHIBITIA
Ili-Kind Service
Facility Location 4 .1 Container Freq Service
Desei.-Jption Provider
555 B.1 c1c, 555 17"' St. go r4a] I\'.TC I times/wk P\Nls
ZZ
555
Bldg;
. -) 17" St. 90 (-,a] totes 5 times/wk PWS
Bass 'IVILISeUtIl 2121 Park Ave. go (-Yal totes 7 times/wk PWS
7 times/wk PWS
Bass TAuscuin 121 Park Ave. 6 call
Bass I')I Park Ave. 2 90 aal RCT 2 times/wk PWS
1 Musetim I" -
Botanical Gai•den 2000 Convention Cir. Dr. 1 95 g I RCT I time/ wk MIS
C I-P 777 17�'St. 3 90Lal RUF I time/wk WIM
City Ha I 1 1700 Convention Ctr, Di. I I 4\d call 5 finles/wk pws
Cit-\, Hall 1700 Convention Ctn Dr. I ')vd can I times/wk WIM
_C11-V Hall 1700 Convention Ctr. Dr. 10 .5 aal RCT 2 times/wki\VM
Fire Station:`1 1051 Jefferson Ave. 4 95 i totes N/I WF j 1)�N"'S
Fire Station 111 1051 Jefferson Ave. 1 90 gal RCT I timeAvk PWS
Fire Station =r2 2300 Pinetree Dr. 90 !aal RM I time/wk P\\/S
')'00 Phieti-ee DI.. I 4yd RCT I time/wk %V\111
F1
Fire Station
2300 Plileti-e-e Dr. I 4yd can I time/wk. WIM
Fire Statioll
Fffe Station fr2 ?300 Plneti-ee.Di. 95 gal totes MW'F PWS
—
File Station z3 _5303) Collins Ave. 4 95 gal totes j N/I kNiF P\\/S
F•11e Station r3 5303 Collins Ave. 1'_ecvcIliL
TBD
jl,
Fire Station rr-) 5303 Collins Ave. I -1 90 _al totes I time/wk PWS
Fire Station--'r4 6860 Indian Creek Dr. 95 gal totes N4WF I)WS
I—Fire Station 44 1 6860 Indian Creek Di-. I Recycling TBD
a
Flamingo Park 9 l St.99 11 Recvclimo, 2 time/wk- 1\1
Garden Ctr. Conseiw 2000 Convention Cti-. Di-. I I ycl can 5 umes/wk PWS
Green Waste Facility noo Meridlati Ave. I 20yd i-oll-aff 6 tinges/wk PA/S
Given Waste Facility 1 2800 Meridian Ave. 20vd roll-off 3 tlimes/wk I PWS
Log Cabin 8 128 Collins Ave. I 24d can j 5 times/wk \\/T\l
N11B Golf Course 2301 Alton RCI. I 6\1(1 can 7 tirnes/wk WN/I
MB Golf'Cow-se 2301 Alton Rd. 4 90Qal RTC 2 ti.mes/wk PWS
%,IB Ocean Rescue 1 7940 Collins Ave. 4 95 dal totes \,MIF P\\IS
N _P C
4PN/I Garage Stru t 1 Back ot'City Flall 4 90 aal I time/wk j PWS
N. Shore Open Space- Collins Ave. (350 1 2yd can 6 times/wk I WIM
Park i 73)"St.
N. Shore Tennis Ctr. 73`( St. & Flat-dint,Ave. 1 1 3)yd can 6 fimesAvk %V.I _j
rd
N. Shore Tennis Ctr. 7.) St. &, Harding Ave. 4 90 gal totes 5 tuilies/wk P%NI S
N. Shore Tennis C[i•. j 73 d St. &, Hai-chiw, Ave. 2 90 gal totes 2 timcs,/\.,vk I NVIN/I
Open Space f9 'St&Collins Ave _12 Oy'd can 7 times/wk WIM
Normandy Shore 1 2401 Blan-Itz Di-. 1 20Yd roll-off 3 tlmesA W'N/I
Golf'
Ocean & F07'-'Tt- 10"& Occan Di-. Hard pack I ')'Ovd roll-off 7 times/wk PWS
r -
Old City Hall 1130 Washington Ave. 2 1 90 _gal RTC I time/wk VVI
_T W M
-Old City Hall 1130 Washington Ave. Baas 5 times/wk
I Rec yc!i�ii
.PAL 999 11",St. Q TBD
Pat•king Dept 18')3)-3 37 Bay Rd. I 20\,d roll-off Oil Call
I -ag -,al totes 7 times/wk NNIS
Parking, Gat le
1 7h St.8,, Collins Ave. 4 90,_
Parkina Gai-a,,,c 17" St. & Penn .-Ave (640 1 SN"(1 can 7 times/wk W N4 i
17"'St.)
Park's, Division 2100 .,Meii(fian Ave. can j 5 miles k
Parks Division ?100 ��leridian Ave. j 1 'Oycl roll-off 3 times/wk IM!S j
21'' St. Rec. Ctr. j 2100 Washington Ave. j ? j 90('Jal RTC j l time/wk .P\l!S
21'` St. Rec. Ctr. 2 100 Washington Ave. j 4 90(_gal totes 5 times/\vk i I'NN!S
Police Station j 1 100 Washington Ave.. 7 j .5 totes 7 times/wk WSI
Police Station j 1 100 Washington Ave. j 4 ! .5 <7al RTC_ 2 times/wk J PWS_- _
Police Station 7030 TroUyille Esplanade j I ' 2vd can times/wk P\k/S
PI)N. SUb-Station 6540 [ndi.tn Crec°k Dr. j 1 , 9� dal RTC j 1 tirn��/��k j PWS
PD N. Sub-Station j 6840 Indian Creek Dr. 1 ( 2yd can 4 times/wk \V NM j
Property Mgmt j 1245 Michigan Ave. j 1 j 2yd can _ j 5 times/wk j WN/I j
Pro eny Mgmt. 1245-55 Michigan Ave. I j 4yd can 5 times/wk k%!M j
Pro pei-ty M,gmt 1245 Michigan Ave. 1 j 20yd roll-off On Call Pws
Property Mcnnt 1245 Mic.hiean Ave. 2 j .5 Ual RTC 2 times/wk N ISI___
Public Works Yard=51 Dade Blvd 1 4yd can — 5 tides/A W\14 j
i I &I time/wk
1 ublic Wor Yard and 451 Dade Blvd 1 ) }
0 yd r ff oll-o ? on call Will
as needed
Public Works Yard 451 Dade Blvd Recyclina TBD _
Sanitation Yard j 140 MacArthur Causeway �l _ j 20ycl roll-off j � times/wk l'��'S
Sanitmllon Yal•d ` 140 MacArthur Catisenwa}. j 1 1 4N-ld can 5 times/wk P1yWS
Sanitation Yarc1 140 LlacArthur CausMay 4 _ 90 gal R"I-C 1 time/wk MIS j
S. Shore Con1111 Cti-. 8-3J 6"St. j 1 1 4yd can i\�iWFS NVN"I
Slash Site 7986 Collins Awl. 1 i 6yd can 7 tunes/wk NVN/I
�kl'asleful Weekend j 75" St. & Dickens Ave. I I 20vd roll-oft' 1 n10 WN11 j
j Wasteful Weekend 6" St. & Meridian Ave. --12 j 20vd roll-off 1 1no _j PWSS_
j Youth CIT. N. Sh_nre ! 2700 Sheridan Ave. I 1 j 4yd can 5 times/wk F��!M
j Youth Or N. Short j 2700 Sheridan Ave. 6 —� 90 dal RTC. j 2 times/wk
j ECONTB j 201 2 n,St. 2 L90,-,al RTC \liondav w.m
FlaminLIo Tennis Ctr l )45 NVfichigan Ave. ( 2 j 90gal RTC Mondav
1755 Mci idian Ave. I 1755 Vlenclian Ave. j 1 , 4yd can f 5 times/wk , l'kVS
1755 tMe6dicin Ave. j 1 755 IMendian Ave. 90 gil RTC j 2 times/xwk j \tr,-1 J
Litter Can Routes City Wide
Area Direction 4 Container Freq Service
Description_ Provider•
North Beach 631-d Street to City Limits 196~ Litter Coins i 7 times/«-k _j i)\,\"S_
Mid Beaach i Dade Blvd to 6)` St. j 218 Litter Calls 77 times,"wk PNNIS
uth .Beach `j S. Point to Dade Blvd. 521 j Litter Cans--_-1 7 dines/wk _��'N,1
Service Providers:
Pt\!S=Progressive Waste Solutions
W M= Waste Manauement
RGr=Recyclirl(j Totes
EXHIBIT
-4H
\A A "A,! BWE-/6,Ix
City of Miami Beach, 1700 Conven;ion Cewor Drrve, Mic:.ni 2,ecc!,,F!o:ida 33 134',wtvw.rnie;»i�,r,c hi!.g�.
PUBLIC WORKS Sor-itotion Division
'e!.305-673-7616,Fax: 305-673.7627
PERMIT APPLICATION FOR PRIVATE GARBAGE& RECYCLING COLLECTION
DATE
LOCATION : OCCUPATIONAL LICENSE
NAME OF BUILDING:
TYPE OF BUILDING: APTS. # / HOTEL #OF ROOMS
COMMERCIAL: SQ.FT / RESTAURANT #OF CHAIRS
OWNER/AGENT/MANAGER: PHONE
ADDRESS:
CONTRACTOR: LICENSE#RL
ADDRESS: PHONE
GARBAGE SERVICE: C.YDS. EXACT LOCATION:
TIMES PER WEEK./DAYS OF WEEK
S M T W TH F SA
RECYCLING SERVICE: C.YDS. EXACT LOCATION:
TIMES PER WEEK./ DAYS OF WEEK
S M T W TH F SA
TERMS AND CONDITIONS FOR PRIVATE GARBAGE COLLECTION
PER CHAPTER 90 OF THE CODE OF THE CITY OF MIAMI BEACH
A permit for Private Garbage& Recycling Collections will be issued after the provisions of Chapter
90 of the Code of the City of Miami Beach, Dade County, Florida have been complied and after
verification of no outstanding debts with the Billing Division of the City of Miami Beach, Florida.
The City of Miami Beach reserves the right to continue the Billing for Waste Service until the
permit is issued.
Dumpster(s)shall be placed and kept on the location approved by the office of the Sanitation
Director who will forward to the applicants,all the information regarding this application.
The Contractor shall not deliver and place dumpster(s) for service prior to the issuance of such
permit per Section 90-193 of the Code of the City of Miami Beach, Florida.
Any change in the container's location or service requires the submission of a new Private
Garbage or Recycling Permit Application.
NOTE: Persons or firms who violate the above provisions shall be subject to penalties and may
be fined.
WE HEREBY AGREE to all the above terms under this application.
APPLICANT HAULER
PRINT NAME PRINT NAME