Service Agreement with Progressive Waste Systems, LLC; Southern Waste Systems, LL; and Waste Management Inc. of Florida 01q-ag6 '(
SERVICE 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;
FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES AND COLLECTION
OF RECYCLABLE MATERIALS AT CITY OWNED PROPERTIES, PARKS,
RIGHTS OF WAY, AND OTHER PUBLIC FACILITIES AND PROPERTY(IES)
This Service Agreement (Agreement) is entered into this day of PeeeRi4op, y
0201,c
-2414, by and among the City of Miami Beach, Florida (City); Progressive Waste Solutions of
FL, Inc., a Delaware 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 (collectively, Contractors), for the purpose of providing additional
solid waste collection services and collection of recyclable materials (Recycling Services) 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, as more particularly set forth herein.
RECITALS:
WHEREAS, at the October 16, 2013 City Commission Meeting, the Mayor and City
Commission authorized the City Administration to issue Request for Qualifications No. 2013-
178SR for franchise waste contractors to provide municipal solid waste (MSW) collections and
disposal services, including additional solid waste/recycling services at City-owned properties
(the RFQ); and
WHEREAS, 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, and authorizing the
Administration to enter into negotiations for new franchise agreements with the Contractors, as
the top three(3) ranked proposers; and
WHEREAS,in addition to authorizing the Administration to negotiate and, if successful,
execute new Franchise Agreements with the Contractors, as a condition of the award of such
agreements, the Mayor and City Commission also authorized the Administration to negotiate
and, if successful, execute a new Service Agreement with the Contractors for MSW and
Recycling Services, including other related public benefits to the City, which, at a minimum,
should contain the same (or more favorable) business terms than the existing service agreement;
and
WHEREAS, the new Franchise Agreements and the Service Agreement shall each now
have 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 Commission's sole
discretion; and
WHEREAS, the Contractors and the City have also agreed to the terms contained in this
Service Agreement, in connection with the simultaneous execution of the Franchise Agreements;
and
WHEREAS, the City intends, and Contractors acknowledge and agree, that the Service
Agreement shall run concurrently with the term of the Franchise Agreements; and
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WHEREAS, the City has been induced, in part, to execute this Agreement and the
Franchise Agreements, based upon Contractors' commitment to provide the additional public
benefits/services to the City included in Exhibit"A"hereto.
NOW THEREFORE, City and Contractors, in consideration of the mutual covenants
herein contained, agree as follows:
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into
this Agreement.
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 the Authorized
Representative, defined herein.
3. COMMENCEMENT OF WORK AND SERVICES
The work and services outlined herein shall commence immediately upon receipt of a
Notice to Proceed issued by the City Manager or the Authorized Representative, as
hereinafter defined.
4. TERM
4.1 The initial term of the Agreement shall be for a five (5) year period, commencing
retroactively on October 1, 2014 (Commencement Date), and terminating on
September 30, 2019 (Term).
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
commencing 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
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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 franchisees, including, without limitation, their fees, rate
structure, costs (i.e. increases), in such a manner as to negatively impact their
duties to "private" customers in the City (as set forth in the Franchise
Agreements). In the event that the City Commission, in its sole reasonable
discretion, determines that there has been such an adverse impact, it reserves the
right to terminate this Agreement for convenience, pursuant to Section 20 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
Agreement. The City Manager's Authorized Representative shall be the City's
Sanitation Division Director, unless otherwise changed, in writing, by the City
Manager.
5.2 City: City of Miami Beach, Florida, and its authorized representatives.
5.3 City Manager: The City Manager of the City of Miami Beach, Florida.
5.4 Construction and Demolition Debris: Discarded material generally considered not
to be water-soluble or hazardous, including, without limitation, steel, concrete,
glass, brick, asphalt roofing material, or lumber from a construction or demolition
project. Commingling construction and demolition debris with any amount of
other types of solid waste will cause it to be classified as other than construction
and demolition debris.
5.5 Contractor(s): The person(s), firm(s), corporation(s), holding company(ies),
organization(s), agency(ies), or other entity(ics) with whom the City has executed
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this Agreement for performance of the work. All successors to Contractors are
included in this definition.
5.6 Disposal Costs: The "tipping fees" charged to Contractors for disposal of the
garbage and trash collected by Contractors.
5.7 Garbage: Every refuse accumulation of animal, fruit, vegetable or 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 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 which has been approved for use in the
City by the City Manager, made of galvanized metal, durable plastic or other
suitable material of a capacity not less than ten gallons but not to exceed 30
gallons for collection of solid waste awaiting pickup and disposal. Such can or
container shall have two handles upon the sides thereof, or a bail, by which it may
be lifted, and shall have a tightening solid top
5.9 Gross Receipts: As referred to herein, Gross Receipts shall mean the entire
amount of the fees collected by the Contractors (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 governmental authority, and
further excluding fees from servicing rolloff and portable containers.
5.10 Industrial Wastes: Any solid waste generated by construction, land cleaning,
excavating of structures, roads, streets, sidewalks or parkways, and including,
without limitation, waste collected for recycling, and oil,grease, and petroleum.
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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
solid waste for disposal in or upon land other than land-spreading site, injection
well, or surface impoundment.
5.12 Loose Refuse: Any refuse, either garbage or trash, stored in and collected from
any type of container other than a mechanical container or garbage can. Refuse
which is collected from the ground is considered loose refuse.
5.13 Mechanical Container: Any detachable metal container designed or intended to he
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 the
Authorized Representative, in his sole and reasonable discretion, 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. The Market Share
for each respective Contractor shall be calculated, by the City's Authorized
Representative, 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
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 recyclable materials are collected, separated, or
processed to be reused or returned to use in the form of raw materials or products.
5.17 Recycling Container: A container approved by the city manager for collection of
recyclable material by a recycling contractor.
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5.18 Refuse: Both rubbish and garbage or a combination or mixture of rubbish and
garbage, including paper, glass, metal, and other discarded matter, excluding
recyclable materials.
5.19 Refuse Regulations: Regulations prescribed by the City together with such
administrative rules, regulations, and procedures as may be established for the
purpose of carrying out or making effective the provisions of the Agreement.
5.20 Remodeling and Home Repairs Trash: Materials accumulated during the course of
a self-performed improvement project, prepared so as not to exceed five (5) feet
in length or forty(40) pounds in weight.
5.21 Rollotf Container: A metal container, compacted or open, approved by the city
manager or his designee, that is designed and used by rolloff contractors for the
collection and disposal of construction and demolition debris; large quantities of
trash; and/or bulky waste; but not garbage or commercial refuse.
5.22 Rubbish: Rubbish or trash means refuse accumulations of paper, excelsior, rags,
wooden or paper boxes or containers, sweepings and all other accumulations of a
nature other than garbage, which are usual to housekeeping and to the operation
of stores, offices, and other places of business; and any bottles, cans or other
containers, which, due to their ability to retain water, may serve as breeding
places for mosquitoes or other water-breeding insects. Rubbish shall not include
industrial waste.
5.23 Solid Waste: Solid waste includes bulky waste, commercial refuse, garden trash,
tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash,
hazardous waste, biohazardous waste, industrial waste, residential refuse, white
goods, or other discarded material, including solid, liquid, semisolid, or contained
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gaseous material, resulting from domestic, industrial, commercial, mining, or
agricultural operations.
5.24 Solid Waste Disposal Facility: Any solid waste management facility which is the
final resting place fir solid waste, including landfills and incineration facilities
that produce ash from the process of incinerating municipal solid waste.
5.25ecial Handling Waste: Solid wastes that can require special handling and
management, including, without limitation, white goods, furniture, mattresses,
and other bulky items of household trash; oils; whole tires; lead-acid batteries;
and hazardous and biohazardous wastes; but excluding special handling garden
trash.
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5.26 Special Handling Garden Trash: Accumulation of tree branches, tree limbs, parts
of trees, bushes, and shrubbery over ten inches in diameter; which does not
exceed four feet in length, and is too large to be containerized or bundled and tied.
5.27 Trash: Trash means the same as "rubbish."
5.28 Waste/Solid Waste: Solid waste includes bulky waste, commercial refuse, garden
trash, tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash,
hazardous waste, biohazardous waste, industrial waste, residential refuse, white
goods, or other discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from domestic, industrial, commercial, mining, or
agricultural operations.
5.29 White Goods: Discarded refrigerators, ranges, water heaters, freezers, and other
similar domestic and commercial large appliances.
5.30 Yard Trash -- Regular: Vegetative matter resulting from yard and landscaping
maintenance, including materials such as tree and shrub trimmings, grass
clippings, palm fronds, or small tree branches not in excess of four (4) feet in
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length and thur (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.
5.31 Yard Trash - Bulk: Large cuttings of vegetative and wood matter which are part
of normal yard maintenance which 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
not he 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 yard trash does not include
automobiles, automotive components, boats, and internal combustion engines.
6. GENERAL PROVISIONS FOR SOLID WASTE COLLECTION/DISPOSAL
PROGRAM, ROLLOFF WASTE CONTAINER PROGRAM, AND
COLLECTION OF RECYCLABLE MATERIALS
6.1 THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE SOLID
WASTE COLLECTION/DISPOSAL PROGRAM, AS SET FORTH IN
SECTION 7 OF THIS AGREEMENT; THE ROLLOFF WASTE
CONTAINER PROGRAM, AS SET FORTH IN SECTION 8 OF THIS
AGREEMENT; AND THE COLLECTION OF RECYCLABLE
MATERIALS, AS SET FORTH IN SECTION 9 OF THIS AGREEMENT.
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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.
6.3 Protection of Adjacent Property and Utilities: Contractors shall conduct all work
in such a manner as to avoid damage to adjacent private or public property and
shall immediately repair or pay for any damage incurred through their operations.
Contractors shall take cognizance of 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 Spillage: Contractors shall not litter or cause any spillage to occur upon the
premises or the rights-of-way wherein the collection shall occur. In the event of
any spillage caused by Contractors, clean-up of spillage shall occur within four
(4) hours of notice by City to Contractors, and if the spillage is not picked up
within four(4)hours, the City may, at its sole discretion. pick up the spillage and
bill the responsible Contractor for the pick-up, which the responsible Contractor
shall promptly pay. Notwithstanding the foregoing, Contractors may refuse to
collect any solid waste or recyclable materials that have not been placed in a
garbage can or container, or tied, or enclosed so that leaking, spilling, and
blowing are prevented.
6.5 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
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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 or fifty (50) pounds in weight for any piece or segment of such
materials. All recyclable materials shall be placed in a recycling container at
curbside on or at any such other single collection point as may be agreed upon by
Contractors and the City.
6.6 Method of Collection: As to all collections contemplated by this Agreement,
Contractors shall make collections with a minimum of noise and disturbance to
the properties being serviced and/or the surrounding neighborhood(s). Any
garbage, trash, or recyclable materials spilled by Contractors shall be picked up
immediately by Contractors. Garbage receptacles and recycling containers shall
be handled carefully by Contractors, shall not be bent or otherwise abused, and
shall be thoroughly emptied and left at the proper collection point. Metal cans
shall be replaced upright with covers securely and properly in place, or can be
inverted with covers placed topside up on the ground next to the container. 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 he
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 or recycling containers, other than normal wear and tear, Contractors
shall be responsible for the timely repair or replacement of said receptacles or
containers within seven (7) days of receipt of notice from the City.
6.7 Schedules and Routes: Contractors shall provide the City with schedules for all
collection routes (including for servicing of rolloff containers) and keep such
information current at all times. If any change in the collection routes occurs, then
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the City shall be immediately notified in writing. All permanent changes in routes
or schedules that alter the day of pickup are subject to approval of the City
Manager or his designee. The City reserves the right to deny Contractors' vehicles
access to certain streets, alleys, and rights of way within the City, en 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 a street closure of less than eight (8) hours in
duration. The City shall notify Contractors of any street closures of longer
duration, and arrangements for service will be made in a manner satisfactory to
the City.
6.8 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 or prevention of performance exceeds a
period of thirty(30) days, the City may, at its sole option and discretion, cancel or
renegotiate this Agreement.
6.9 Collection Equipment: Contractors shall have on hand at all times sufficient
equipment in good working order to permit Contractors to perform their duties
hereunder fully, adequately, and efficiently (including servicing of rolloff
containers). Garbage collection equipment and recycling collection equipment
shall be kept clean, sanitary, neat in appearance, and in good repair at all times.
Contractors shall at all times have available to them reserve equipment which can
be put into service and operation within two (2) hours of any breakdown. Such
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reserve equipment shall substantially correspond in size and capability to the
equipment normally used by Contractors to perform their duties hereunder.
6.10 Quantities of Solid Waste and Recyclable Materials: Contractors represent and
warrant that they have reviewed the City's collection records and understand that,
at certain times during the year, the quantity of refuse and recyclable materials to
be disposed of(including refuse in rolloff containers) is materially increased by
the influx of visitors. Contractors agree that seasonal fluctuation will not he
justification for Contractors to fail to maintain the required collection schedules
and routes or to justify a rate increase.
6.11 Disposal at a Solid Waste Disposal Facility: Contractors hereby represent and
warrant to the City that all solid waste collected by them under this Agreement
(including rolloff containers) shall 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 on a temporary basis, Contractors shall notify City in writing.
within ten (10) days. and Contractors shall also, within said ten (10) day period,
provide the City with the licenses and permits for said new facility.
7. SOLID WASTE COLLECTION/DISPOSAL PROGRAM
7.1 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
property(ies) within the City limits of Miami Beach, and as more specifically set
forth in Exhibit"A",attached and incorporated herein.
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S. ROLLOFF WASTE CONTAINER PROGRAM
8.1 Contractors shall place and service rolloff containers, as specifically set forth in
Exhibit"A"hereto. Prior to placing any rolloff 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 permit
application, as may be amended from time to time, is attached hereto and
incorporated herein as Exhibit "13".
8.2 Frequency of Collection: Contractors shall service all rolloff containers, as
provided in Exhibit"A"hereto.
9. COLLECTION OF RECYCLABLE MATERIALS
9.1 Scope of Work: Contractors shall provide recycling collection services to City
facilities, parks, recycling containers in the public right of way, and City-owned
and other public property(ies) within the. City limits of Miami Beach, as
specifically set forth in Exhibit"A"hereto.
9.2 Frequency of Collection: Contractors shall service all recycling containers as
provided in Exhibit "A" hereto.
10. CONTRACTORS' PERSONNEL
10.1 Contractors' Officer(s): Contractors shall each assign a qualified person or
persons to supervise the operations within the Collection Area. Contractors shall
give the names of these persons to the City. Information regarding each person's
experience and qualifications shall also be furnished. Supervisory personnel must
be available for consultation with the City Manager or the City Manager's
designee within a reasonable, practicable time, upon receiving notice of a request
for such consultation. The supervisor(s) shall operate a vehicle which is radio
equipped.
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10.2 Conduct of Employees: Contractors shall sec to it that their employees serve the
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 have given permission in writing. Care shall be
taken to prevent damage to property 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.
10.3 Nondiscrimination: Contractors and the City agree that Contractors' compliance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City
Code, as may be amended from time to time, shall be a material term of this
Agreement. Pursuant to the Human Rights Ordinance, Contractors shall not
.unlawfully discriminate against their employees, on the basis of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation,
marital and familial status, age,or disability.
10.4 Employee Uniform Regulations: Contractors' employees shall wear a uniform or
shirt bearing the company's name. Contractors shall furnish to each employee an
identifying badge, not less than two and one-half(2 1/2") inches in diameter, with
numbers and letters at least one(1") 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 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 a current employee list(s) to the City within twenty-four
(24)hours of written notice from the City.
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10.5 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.
10.6 Fair Labor Standards Act: Contractors arc required and hereby agree, by
execution of this Agreement, to pay all employees not less than the greater of the
Federal or Florida minimum wage and to abide by other requirements, as
established by the United States Congress in the Fair Labor Standards Act, as
amended from time to time.
11. CONTRACTORS' OFFICE
Contractors shall each provide, at their expense, a suitable office located within, or in
close proximity 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 14 hereof. The office shall include recording equipment for receipt and logging
of off-hours rs calls.
Notification to City: Contractors shall notify the City, in writing, about complaint
procedures,rates,and regulations.
12. CONTRACTORS' PERFORMANCE
C'ontractors' performance pursuant to this Agreement shall be supervised by the City
Manager or the Authorized Representative. If at any time during the term of the
Agreement, performance is considered unsatisfactory by the City Manager or the
Authorized Representative, Contractors shall immediately take all steps necessary and
implement such procedures as required to properly perform under the Agreement,
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including, without limitation, increasing the workforce. tools, and equipment. The failure
of the City Manager or the Authorized Representative to give such notification shall not
relieve Contractors of their obligation to perform all work at the time and in the manner
specified by the Agreement.
Contractors shall furnish the City Manager or the Authorized Representative with any
information relating to the Agreement, in order for the City 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 ally time to require performance by Contractors of any
provision herein shall in no way affect the right of the City thereafter to enforce same,
nor shall waiver by the City of any breach of provisions herein be taken as or held to be a
waiver of any breach of such provision or as a waiver of any provision itself
13. COOPERATION/COORDINATION
The City and its authorized representatives shall at all reasonable times be permitted free
access to every reasonable facility for the inspection of all work, equipment and facilities
of Contractors.
Contractors shall cooperate with authorized representatives of the City in every way in
order to facilitate the quality and progress of the work contemplated under this
Agreement. Contractors shall have at all times a competent and reliable English speaking
representative on duty authorized to receive orders and to act for Contractors in case of
their absence.
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14. COMPLAINTS AND COMPLAINT RESOLUTION
14.1 Complaints: Contractors shall prepare (in accordance with a format approved by
the City Manager or his Authorized Representative) and maintain a register of all
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 after
12:00 noon on the day preceding a holiday, or on a Saturday or Sunday, in which
case the complaint shall be addressed on the next working day. Legitimacy of
challenged complaints shall be determined on the basis of a joint inspection by the
City Manager or the Authorized Representative and a representative of
Contractor(s). Disputes shall be referred to the City Manager or his Authorized
Representative, whose decision shall be final.
14.2 Dispute about Collection of Certain Items: It is recognized that disputes may arise
the City and Contractors with regard to the collection of certain items
between h y g
due to disputes over interpretation of language in this Agreement. The City
Manager or his Authorized Representative may from time to time contact
Contractors by telephone and/or facsimile to remove such items. Should
Contractors fail to remove the items within twenty-four (24) hours from the time
of notification, the City may remove such items, and all costs incurred by the City
shall be reimbursed by Contractors. If the City determines that this Agreement
does not require Contractors to collect and remove the disputed refuse, the
Contractors shall be entitled to reimbursement.
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15. 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.
16. INSURANCE AND INDEMNIFICATION
16.1 Indemnification: Each Contractor hereunder agrees to indemnify and hold harmless
the City of Miami Beach, and its officers, employees and agents, from and against
any and all actions, claims, liabilities, losses, and expenses, including, but not
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 all such costs and judgments which
may issue from any lawsuit arising from such claims 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, from 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 or parties prompt notice of
any claim coming to its knowledge that in any way directly or indirectly affects the
other party or parties.
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16.2 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
Beach Florida must be named as an additional insured on this
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
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.
(b) All companies providing insurance shall be authorized to do business in
the State of Florida and rated B+ 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.
(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
City possesses that may apply to a loss resulting from the work performed
by Contractors pursuant to this Agreement.
20
(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
unless specific safeguards have been established to assure an adequate
fund for payment of deductibles by the insured and approved by the City's
Risk Manager.
(0 As evidence of the above coverage, Contractors must provide original
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 coverage 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
amounts of insurance coverage required if the City, in its sole discretion,
deems such increase necessary to protect the City.
17. 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 shall 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.
21
18. EVENTS OF DEFAULT BY CONTRACTORS
Each of the following events or conditions shall constitute an event of default by a
Contractor:
(a) Any material failure by such Contractor to perform or comply with terms
and conditions of this Agreement, if said failure continues for thirty (30)
days after written notice to such Contractor demanding that such failure be
cured.
(b) Filing by or against such Contractor of a bankruptcy, receivership,
assignment for the benefit of creditors, liquidation, dissolution,
composition or reorganization petition,or other insolvency proceeding.
c) Any failure by such Contractor to perform, or any abandonment by such
Contractor of, the work or services set forth in this Agreement for a period
of seven (7)days or more, during the term of this Agreement.
d) Any finding by the City that any representations or warranties furnished
by such Contractor in this Agreement are found to be false or misleading
in any material respect when made.
e) Any breach of the Franchise Agreement.
19. REMEDIES UPON DEFAULT BY CONTRACTORS
In the event of default by a Contractor,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 such Contractor), whereupon such Contractor
shall,at its sole cost,remove all 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
22
recovery of amounts due and owing to the City, and/or for damages which
shall include all costs and expenses reasonably incurred in exercise of its
remedy, and/or for specific performance; and
c) Terminate such Contractor's Franchise Agreement pursuant to the
provisions for termination of same, as provided in Chapter 90 of the City
Code.
20. TERMINATION FOR CONVENIENCE BY THE CITY
THE CITY COMMISSION, IN ADDITION TO THE RIGHTS AND OPTIONS TO
TERMINATE SET FORTH IN SECTION 19 OR IN ANY OTHER PROVISION SET
FORTH IN 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,
WITHOUT CAUSE, AND WITHOUT PENALTY.
Said termination Ior convenience shall become effective thirty (30) days following
receipt by Contractors of a written termination notice. Contractors herein agree that upon
termination for convenience there shall be no further liability to the City, nor shall the
City have any further responsibilities or obligations to Contractors hereunder.
21. GOVERNING 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
23
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,
OR ARISING OUT OF THIS AGREEMENT.
22. LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's maximum liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of $10,000.00. Contractors hereby express their willingness to
enter into this Agreement with recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of$1 0,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractors hereby agree that the City shall not he liable to Contractors for damages in an
amount in excess of$10,000.00 in any action or claim for breach of contract arising out
of the performance or non-performance of any obligations imposed upon the City by this
Agreement. 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.
23. REPRESENTATIONS AND 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
24
•
so authorized; and this Agreement constitutes its legal, valid and binding
obligation upon each Contractor.
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, regulations, rules, decrees, awards, permits or orders which
would materially or 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.
24. 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 s afet y 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 permits, consents, and authorizations, as may be
required, to perform their obligations hereunder, prior to the Commencement Date.
25. 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 them, their
equipment, or their operations, including, without limitation, any commercial personal
property taxes, sales taxes, and intangible taxes, and Contractors shall pay, on or before
25
the due date, any other charge of any character which they may incur or which may be
imposed by any public authority as an incident to title to, ownership of, or operation of
the equipment. In the event that any lien or encumbrance of any nature relating to any
Contractor's equipment or the operation or maintenance thereof is filed upon the City,
such Contractor shall have thirty (30) days from the date written notice by City to have
such lien or encumbrance bonded off or discharged.
26. NOTICES AND CHANGES OF ADDRESSES
All "Notices" to be given by any party to another party shall be in writing and must be
either delivered or mailed by registered or certified mail, return receipt requested, to the
following addresses:
To City: CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MARK TAXIS
ASSISTANT CITY MANAGER
WITH A COPY TO AUTHORIZED REPRESENTATIVE:
CITY OF MIAMI BEACH
SANITATION DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: ALBERTO ZAMORA
DIVISION DIRECTOR
To Contractors: PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
3840 NORTHWEST 37 COURT
MIAMI, FLORIDA 33142
ATTENTION: DAMIAN RIBAR
GENERAL MANAGER
SOUTHERN WASTE SYSTEMS, LLC
2380 COLLEGE AVENUE
DAVIE, FLORIDA 33317
ATTENTION:TONY BADALA
GENERAL. MANAGER
26
WASTE MANAGEMENT INC. OF FLORIDA
2125 NORTHWEST 10 COURT
MIAMI, FLORIDA 33127
ATTENTION; JASON NEAL
GOVERNMENT AFFAIRS DIRECTOR
or such other addresses as a party may hereinafter designate by a Notice to the other
parties. Notices are deemed delivered or given and become effective upon mailing if
mailed as aforesaid and upon actual receipt if otherwise delivered.
27. NO WAIVER
The failure of Contractors or the City to insist upon the strict performance of the terms
and conditions hereof shall not constitute or be construed as a waiver or relinquishment
of either party's 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.
28. 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.
29. ASSIGNMENT
The selection of Contractors as the service providers under this Agreement is based upon
each Contractor's respective experience, capability, and financial ability to perform the
work. Contractors shall not assign,� dele ate or subcontract any of the rights or obligations
under this Agreement without the prior written consent of the City Commission.
30. 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 a writing signed by
the parties hereto. Upon execution of this Agreement, the prior Service Agreement, with
27
a Commencement Date of October 1, 2008, which was authorized by Resolution No.
2009-27020, and any amendments thereto, is hereby deemed terminated and shall be of
no further force or effect, except as to those provisions under the prior Service
Agreement, which were expressly intended to survive.
31. FURTHER DOCUMENTS
The parties shall execute and deliver all documents and perform all further acts that may
he reasonably necessary to effectuate the provisions of this Agreement.
32. INDEPENDENT PARTIES
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
relationship, or any relationship other than property owner and independent contractors.
33. TIME OF THE ESSENCE
Time is of the essence with respect to each and every term and condition of this
Agreement.
34. FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if any contractor meets the
r" as defined in Section 119.0701 1 a said Contractor shall:
definition of Contracto a d O( )>
(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
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 cost to the City, all public records created, received,
28
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 stored electronically must be provided to
the City in a format that is compatible with the information
technology systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
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
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
29
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 MIAMI BEACH,FLORIDA
ATTEST:
d;
By / /"/
R. 'ael E. Granado Philip Lev' e
C. Clerk Mayor
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30
FOR CONTRACTOR: PROGRESSIVE WASTE SOLUTIONS
OF FL, INC., a Delaware corporation
authorized to conduct business in the
State of Florida
ATTEST:
By:
416L „gob=
lq • A ,b och•- :-r '4- 47:7 ! ( Thomas J. Fowler
teaKtOXY sst.Secretary S)§ , AVM Vice President
31
FOR CONTRACTOR: SOUTHERN WASTE SYSTEMS,LLC,
a Florida limited liability company
By: Southern Waste Systems Holdings,
LP, a Florida limited partnership, its
Manager
By: Southern Waste Holdings
Management, LLC, a Delaware limited
liability company, the general partner of
Southern Waste Systems Holdings,LP
ATTEST:
By:
itness axles Gusmano
Manager for Southern Waste Holdings
Management, LLC
'p i v Y 1 GA-3 AGE RY��NO-e_Print Name J
his S eve vrCv∎k-
Print Title
32
FOR CONTRACTOR: WASTE MANGEMENT INC.OF
FLORIDA,a Florida corporation
ATTEST:
By:
Ito aid .plan Titnot a i
A istant ecretary President
EXHIBIT A
ADDITIONAL PUBLIC SERVICES TO BE PROVIDED
Throughout the Term of the Service Agreement, Contractors shall provide the City with the
following additional services and public benefits.
1. Provide Municipal Solid Waste and Recycling Services as referenced (Municipal
Solid Waste and Recycling pick up at City owned facilities). The service provided
by each Contractor shall be determined by each Contractor's current Market
Share.
2. Pick-up and disposal of all City owned litter cans in the public right of way and
City parks. Contractors shall provide service seven (7) days a week; service is to
be provided before 11 AM. (Exceptions: litter cans located on or in Lincoln Road,
Ocean Drive, Washington Ave. from 5`'' St to Lincoln Road, the beach walk,
South Pointe Park, and Open Space Park. City crews shall service these litter
cans.) The service provided by each Contractor shall be determined by each
Contractor's current Market Share.
3. Pick-up and disposal of all City-owned recycling cans in the public right-of-way
and City parks (services shall be provided two times per week). (Exceptions:
Recycle cans located on or in Lincoln Road, Ocean Drive, Washington Ave. from
5th St to Lincoln Road, the beach walk, South Pointe Park, and Open Space Park.
City crews shall service these Recycle cans.) The service provided by each
Contractor shall be determined by each Contractor's current Market Share.
4. Contractors shall provide additional support for special events by collectively, in
equal shares, providing the City with a total of fifteen (15) twenty-cubic-yard
rolloff containers (five rolloff containers 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. Rolloff containers to be provided will
be distributed equally amongst the Contractors.
5. On October 1" of each year during the Term 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 shall 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 each Contractor's current Market Share.
6. On October 1`t of each year during the Term of the Service Agreement,
Contractors shall collectively provide the City with an annual 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 each
Contractor's respective current Market Share. (The actual price in 2013 was
$1,200.00 per can.)
34
7. On October 1`` of each year during the Term of the Service Agreement, the
Contractors shall collectively provide funds, in the total sum of eight thousand
dollars ($8,000.00), to the City for security services for the "Wasteful Weekend"
event at each of the sites where the event is held in the City each month. The
proportionate amount due by each Contractor shall be determined by their
respective current Market Share. (The actual annual cost for 2013 was$8,000.00)
8. During the Term, each Contractor shall pay to the City one and one half 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
discretion). This contribution will be payable and due at the time of, and in
conjunction with, Contractors' franchise fee payments to the City.
9. On October 15t of each year during the Term, the Contractors shall pay to the City,
collectively, in equal shares, the sum of$75,000 ($25,000.00 per Contractor) per
year, to support educational programs in the City. The City Commission, in its
sole and reasonable discretion, shall determine the time, place, and manner of
such programs.
10. On October 1st of each year during the Term, the Contractors shall collectively
pay to the City the amount of$400,000. The proportionate amount due by each
Contractor shall be determined by each Contractor's current Market Share. These
funds will be used to offset costs incurred by the Sanitation Division's efforts to
eradicate illegal dumping.
11. On October 151 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), to support environmental programs
in the City. The City Commission, in its sole and reasonable discretion, shall
determine the time, place, and manner of such programs.
35
In-Kind Service
Facility Location # Container Freq Service
Description Provider
555 Bldg 555 17`"St. 2 90 _al RCT 1 times/wk PWS
555 Bldg 555 17`x'St. 2 90 gal totes 5 times/wk PWS
Bass Museum 2121 Park Ave. 3 90 _al totes 7 times/wk PWS
Bass Museum 2121 Park Ave. 2 6 d can 7 times/wk PWS
Bass Museum 2121 Park Ave. 2 90 :al RCT_ 2 times/wk PWS
Botanical Garden 2000 Convention Ctr. Dr. 1 95 gal RCT 1 time/wk PWS
CIP 777 17th St. 3 90ga1 RCT 1 time/wk WM
City Hall 1700 Convention Ctr. Dr. 1 4yd can 5 times/wk PWS
City Hall 1700 Convention Ctr. Dr. 1 2yd can 1 times/wk WM
City Hall 1700 Convention Ctr. Dr. 10 .5 gal RCT 2 times/wk WM
Fire Station#1 1051 Jefferson Ave. 4 95 :al totes MWF PWS
Fire Station#1 1051 Jefferson Ave. 1 90 gal RCT 1 time/wk PWS
Fire Station#2 2300 Pine Tree Dr. 2 90 gal RCT 1 time/wk PWS
Fire Station#2 2300 Pine Tree Dr. 1 4yd RCT 1 time/wk WM
Fire Station#2 2300 Pine Tree Dr. , I 4yd can 1 time/wk WM
Fire Station#2 2300 Pine Tree Dr. 5 95 gal totes MWF PWS
Fire Station#3 5303 Collins Ave. 4 95 gal totes MWF PWS
Fire Station#3 5303 Collins Ave. Rec clin: TBD
Fire Station#3 5303 Collins Ave. 1 90 _al totes 1 time/wk PWS
Fire Station#4 6860 Indian Creek Dr. 2 95 _al totes MWF PWS
Fire Station#4 6860 Indian Creek Dr. Rec din_ - TBD
Flamingo Park 999 11th St. Recycling TBD WM
Garden Ctr. Consery 2000 Convention Ctr. Dr. 1 lyd can 5 times/wk PWS
Green Waste Facility 2800 Meridian Ave. 1 20yd rolloff 6 times/wk PWS
Green Waste Facility 2800 Meridian Ave. , 2 20yd rolloff 3 times/wk PWS
Log Cabin 8128 Collins Ave. 1 2yd can 5 times/wk WM
MB Golf Course 2301 Alton Rd. 1 6yd can 7 times/wk WM
MB Golf Course 2301 Alton Rd. 4 90gal RCT 2 times/wk PWS
MB Ocean Rescue 7940 Collins Ave. 4 95 gal totes MWF PWS
MPMP Garage Struct Back of City Hall 4 90 gal 1 time/wk PWS
N. Shore Open Space 73'd & Collins Ave. (350 1 2yd can 6 times/wk WM
Park 73`d St.
N. Shore Tennis Ctr. 73'X1 St. & Harding Ave. 1 3 d can 6 times/wk WM
N. Shore Tennis Ctr. 73 ' St. & Harding Ave. 4 90 gal totes 5 times/wk PWS
N. Shore Tennis Ctr. 73'1 St. & 1-larding Ave. Recycling TBD WM
Open Space 79th St&Collins Ave 2 6yd can 7 times/wk WM
Normandy Shore 2401 Biarritz Dr. 1 20yd rolloff 3 times/wk WM
Golf
Ocean && 10 St. 10' & Ocean Dr. Hard pack 1 30yd rolloff 7 times/wk PWS
Old City Hall 1130 Washington Ave. 2 90 gal RCT. 1 time/wk WM
Old City Hall 1130 Washington Ave. Bags 5 times/wk WM
PAL 999 11th St. Recycling _ TBD
Parkin_Dest 1833-37 Ba Rd. 1 20 d rolloff On Call PWS
Parkin_ Garage 7 St. &Collins Ave. 4 90:al totes 7 times/wk PWS
36
Parking Garage 17th St. & Penn Ave (640 1 8yd can 7 times/wk ' WM
17ti'St.)
Parks Division 2100 Meridian Ave. 1 byd can 5 times/wk WM
Parks Division 2100 Meridian Ave. 1 30yd rolloff 3 times/wk PWS
2l t St. Rec.Ctr. 2100 Washington Ave. 2 90gal RCT 1 time/wk PWS
21st St. Rec.Ctr. 2100 Washington Ave. 4 90 gal totes 5 times/wk PWS
Police Station 1100 Washington Ave. 7 .5 totes 7 times/wk WSI
Police Station ^1100 Washington Ave. 4 .5 gal RCT 2 times/wk PWS
Police Station 7030 Trouville Esplanade 1 2yd can 3 times/wk PWS
PD N. Sub-Station 6840 Indian Creek Dr. 1 95 _al RCT 1 time/wk PWS
PD N. Sub-Station _ 6840 Indian Creek Dr. 1 2yd can 4 times/wk WM
Property Mgmt 1245 Michigan Ave. 1 2yd can 5 times/wk WM
Property Mgmt _ 1245-55 Michigan Ave. 1 4yd can 5 times/wk WM
Property Mgmt 1245 Michigan Ave. 1 20yd rolloff On Call PWS
Property Mgmt 1245 Michigan Ave. 2 .5 gal RCT 2 times/wk WSI
Public Works Yard 451 Dade Blvd 1 4yd can 5 times/wk WM
1 time/wk
Public Works Yard 451 Dade Blvd 1 30yd rolloff & on call WM
as needed
Public Works Yard 451 Dade Blvd i Recycling TBD
Sanitation Yard 140 MacArthur Causeway l 20yd rolloff 3 times/wk PWS
Sanitation Yard 140 MacArthur Causeway 1 4yd can 5 times/wk PWS
Sanitation Yard 140 MacArthur Causeway 4 90 gal RCT 1 time/wk PWS
S. Shore Comm Ctr. 833 6`t'St. 1 4yd can MWFS WM
Stash Site 7986 Collins Ave. 1 6yd can 7 times/wk WM
Wasteful Weekend 75th St. &Dickens Ave. 1 20yd rolloff 1 mo WM
Wasteful Weekend 6th St. &Meridian Ave. 2 20yd rolloff 1 mo PWS
Youth Ctr. N. Shore 2700 Sheridan Ave. I 4yd can 5 times/wk WM
Youth Ctr.N. Shore 2700 Sheridan Ave. _ 6 90 gal RCT 2 timcs/wk WM
ECOMB 201 2"`j St. 2 90gal RCT Monday WM
Flamingo Tennis Ctr 1245 Michigan Ave. 2 90gal RCT Monday WM
1755 Meridian Ave. 1755 Meridian Ave. 1 4yd can 5 times/wk PWS
1755 Meridian Ave. 1755 Meridian Ave. 4 90 gal RCT 2 times/wk WM
Litter Can Routes City Wide
Area Direction # Container Freq Service
Description Provider
North Beach _ 63`d Street to City Limits 196 Litter Cans 7 times/wk PWS
Mid Beach Dade Blvd to 6P St. 218 Litter Cans 7 times/wk PWS _
South Beach S.Point to Dade Blvd. 521 Litter Cans 7 times/wk WM
Service Providers: PWS =Progressive Waste Solutions
SWS =Southern Waste Systems
WM=Waste Management
RCT=Recycling Totes
37
EXHIBIT
Ijfnn'
,V 1 /\/\I BFAciu f
City of Miami Beach, 1700 Convection Cenrer Drive,Miarni Beach, Fiorio'o 33 i 39, vnvw.rniamibeoch9 gov
PUBLIC WORKS Sanitation Division
Tel. 305-673.7616, Fox 305-673.7627
PERMIT APPLICATION FOR PRIVATE GARBAGE & RECYCLING COLLECTION
DATE
LOCATION : OCCUPATIONAL LICENSE
NAME OF BUILDING:
TYPE OF BUILDING: APTS. # I HOTEL #OF ROOMS
COMMERCIAL: SQ.FT I 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 •rovisions shall be sub'ect to •enalties and ma
be fined.
WE HEREBY AGREE to all the above terms under this application.
APPLICANT HAULER
PRINT NAME PRINT NAME