97-22337 RESO
RESOLUTION NO. 97-22337
A RESOLUTION ACCEPTING THE RANKING OF
PROPOSALS RECEIVED AND AUTHORIZING THE
ADMINISTRATION TO ENTER INTO A CONTRACT WITH
THE NUMBER-ONE RANKED FIRM, BFI INDUSTRIES,
PURSUANT TO REQUEST FOR PROPOSALS NO. 63-96/98,
FOR CITY OF MIAMI BEACH RESIDENTIAL SOLID
WASTE AND YARD TRASH COLLECTION AND DISPOSAL.
WHEREAS, the City issued Request for Proposals (RFP) No. 63-96/97 to proyid,:
residential solid waste and yard trash collection and disposal services for the City of Miami Be::,ch ;
and
WHEREAS, specification packages for RFP No. 63-96/98 were issued Ol
February 20, 1997, resulting in the receipt of six (6) responsive proposals; and
WHEREAS, an Evaluation Committee recommended by the City Manager met 0 l
March 17, 1997, and recommended the firm of BPI Industries as the top-ranked respondent; and
WHEREAS, the City Manager has reviewed the responses and the recommendation of th.~
Evaluation Committee and concurs with the Evaluation Committee's recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClT'"
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Cit r
Commission herein authorize the Administration to enter into contract with the number-one ranke 1
firm, BPI Industries pursuant to RFP No. 63-96/98, for City of Miami Beach residential s)li 1
waste and yard trash collection and disposal.
PASSED AND ADOPTED THIS 19TH DAY OF MARCH, 1997.
ATTEST:
-1uu~'P~
City Clerk
~f1
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~ /f!JIdL 1l-/"1/1d
Ify may D~!'k
ITV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
ctp:\\cLmiami-beach. fI.us
-
~~:.-:-'
; I T Y 0 F M I A M I 8 E.A C H
COMMISSION MEMORANDUM NO. :z 0 I-q 1
TO:
Mayor Seymour Gelber and - DATE: March 19, 1~197
Members of the City Commission
Jose Garcia-pedrosa.iAl~
City Manager ,t~/
Request to ACC'ept the Ranking of Proposals Received and to Authorize the
Administration to Enter into a Contract with the Number-One Ranked Firm,
(To be Named), Pursuant to Request For Proposals No. 63-96/98 for City of
Miami Beach Residential Solid Waste and Yard Trash Collection and Dispo!..al
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
To accept the ranking of proposals and approve the resolution.
BACKGROUND:
Request for Proposals No. 63-96/98, soliciting proposals for providing residential solid waste and
yard trash collection and disposal services for the City of Miami Beach, was approved by the City
Commission on February 19, 1997 and issued on February 20, 1997.
The specifications were distributed to twenty-two prospective proposers, and a Pre-Proposal
conference was held on March 3, 1997 so that the City Administration could respond to any
questions or requests for clarification. The responses to this Request for Proposals are due no later
than 2:00 p.m. on Friday, March 14, 1997, and an Evaluation Committee will meet on Monday,
March 17, 1997 at 10:00 a.m., to review all proposals and make a recommendation for award.
Because the City's existing contract for residential solid waste and yard trash collection and disposal
expired on January 31,1997, and has been extended until April 13, 1997, the award of this new
contract must be approved on March 19, 1997. A blank draft Service Agreement has been provid~:d
in the Agenda Package for review, and a completed Agreement will be issued in an Addendum bas~':d
on the recommendation of the Evaluation Committee.
CONCLUSION:
The Commission should accept the ranking recommended by the Evaluation Committee ard
authorize the Administration to execute the Service Agreement substantially in the form attached
with the top-ranked firm (To be named).
JGP:JP:RT:jf
AGENDA ITEM
R Ii:~
3-t q -~ '7
368
DATE
C j T Y ,0 ,F M I A M I B E A C H
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
-
COMMISSION MEMORANDUM NO. A 0 I-q 1
TO:
Mayor Seymour Gelber and DATE: March 19, 199'7
Members of the City Commission
Jose Garcia-Pedrosa d/ll.l
City Managerf If
Request to Ac~pt the Ranking of Proposals Received and to Authorize th e
Administration to Enter into a Contract with the Number-One Ranked Firn ,
(To be Named), Pursuant to Request For Proposals No. 63-96/98 for Cit;lf of
Miami Beach Residential Solid Waste and Yard Trash Collection and Dispos~d
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
To accept the ranking of proposals and approve the resolution.
BACKGROUND:
Request for Proposals No. 63-96/98, soliciting proposals for providing residential solid waste an 1
yard trash collection and disposal services for the City of Miami Beach, was approved by the Cit I
Commission on February 19, 1997 and issued on February 20, 1997.
The specifications were distributed to twenty-two prospective proposers, and a Pre-Propose I
conference was held on March 3, 1997 so that the City Administration could respond to an'
questions or requests for clarification. The responses to this Request for Proposals are due no late-
than 2:00 p.m. on Friday, March 14, 1997, and an Evaluation Committee will meet on Monda) ,
March 17, 1997 at 10:00 a.m., to review all proposals and make a recommendation for award.
Because the City's existing contract for residential solid waste and yard trash collection and displ )sa I
expired on January 31, 1997, and has been extended until April 13, 1997, the award of this ne"
contract must be approved on March 19, 1997. A blank draft Service Agreement has been providel I
in the Agenda Package for review, and a completed Agreement will be issued in an Addendum basel I
on the recommendation of the Evaluation Committee.
CONCLUSION:
The Commission should accept the ranking recommended by the Evaluation Committee :lnd
authorize the Administration to execute the Service Agreement substantially in the form attached
with the top-ranked firm (To be named).
JGP:JP:RT:jf
AGENDA ITEM
R1i~
3-l9 -~1"7
DATE
IT Y 0 F M I A M I 8 E.A C H
Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
':\\ci. miami-beach. fl. us
-~;...:.'
COMMISSION MEMORANDUM NO. ~ 0 J -q 7
.
TO:
Mayor Seymour Gelber and - DATE: March 19, 19 n
Members of the City Commission
Jose Garcia-Pedrosa fr. .l
!. . v/
City Manager . I.
Request to Accept the Ranking of Proposals Received and to Authorize the
Administration to Enter into a Contract with the Number-One Ranked Firm,
(To be Named), Pursuant to Request For Proposals No. 63-96/98 for City uf
Miami Beach Residential Solid Waste and Yard Trash Collection and Disposal
FROM:
SUBJECT:
AD MINIS TRA TION RECOMMENDATION:
To accept the ranking of proposals and approve the resolution.
BACKGROUND:
Request for Proposals No. 63-96/98, soliciting proposals for providing residential solid waste and
yard trash collection and disposal services for the City of Miami Beach, waS approved by the Cit:r
Commission on February 19, 1997 and issued on February 20, 1997.
The specifications were distributed to twenty-two prospective proposers, and a Pre-Proposal
conference was held on March 3, 1997 so that the City Administration could respond to an)'
questions or requests for clarification. The responses to this Request for Proposals are due no later
than 2:00 p.m. on Friday, March 14, 1997, and an Evaluation Committee will meet on Monday,
March 17, 1997 at 10:00 a.m., to review all proposals and make a recommendation for award.
Because the City's existing contract for residential solid waste and yard trash collection and disposal
expired on January 31, 1997, and has been extended until April 13, 1997, the award of this new
contract must be approved on March 19, 1997. A blank draft Service Agreement has been provided
in the Agenda Package for review, and a completed Agreement will be issued in an Addendum based
on the recommendation of the Evaluation Committee.
CONCLUSION:
The Commission should accept the ranking recommended by the Evaluation Committee and
authorize the Administration to execute the Service Agreement substantially in the form attached
with the top-ranked firm (To be named).
JGP:JP:RT:jf
AGENDA ITEM
RLC
3-lCf-CZ]
368
DATE
SERVICE AGREEMENT
BETWEEN
THE CITY 0 F IVIIA..i\1I BEACH
A1~l)
BROWNING-FERRIS INDUSTRIES OF FLORIDA. INC.
FOR
CITY OF MIA.MI BEACH RESIDENTIAL SOLID WASTE COLLECTION
AN"]) YARD TR<\SH COLLECTION
TABLE OF CONTENTS
1.
RECITALS ................,...........................................]
2.
LIAISON BETW"EEN CITY AJ'\jD CONTRACTOR... .. .... . . . . . . . . . .. . . . . "" =
..,
.).
COMMENCEMENT OF WORK...........................................:
4.
TER..M. .............................,...........,.....................:
4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,,!.
4.2 ................................................. .................:.
5.
DEFINITION OF TERMS ........................,....................... 3
5.1 Authorized Representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .., . . . . . . . .. .3
5.2 Biohazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.3 Biological Waste ................................................. .3
5.4 City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " .3
5.5 City Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.6 Construction and Demolition Debris. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .3
5.7 Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . .. .4
5.8 Disposal Costs ................................................... .4
5.9 Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.10 Garbage Can or Container . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.11 Hazardous Waste ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.12 Household Furniture .............................................. .5
5.13 Household Trash ................................................. .5
5.14 Industrial Wastes ................................................. .5
5.15 Infectious Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .5
5.16 Landfill........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.17 Loose Refuse .......:............................................ .6
5.18 Mechanical Container ............................................. .6
5.19 Multiple Dwelling Units ........................................... .6
5.20 Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " .6
5.21 Recyclable Materials .............................................. .6
5.22 Recycling... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.23 Residential Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.24 Residence (Single Family) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.25 Refuse.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.26 Refuse Regulations ............................................... .7
5.27 Remodeling and Home Repairs Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.28 Residential Service ............................................... .7
5.29 Solid Waste ..................................................... .7
i
5.30
5.31
- ...;
)..J_
5.33
Solid Waste Disposal Facility ....................................... .8
Special Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
White Goods ..................................,.....,........... .8
Yard Trash - Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
y ard Trash - Bulk ..............................................., .8
Special Pick-Up .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .9
5.34
5.35
5.36
6. SPECIAL CONDITIONS ................................................ .9
6.1 Pre-Start Route Familiarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .9
6.2 Comprehensive Notification ............,....................,..... .lO
7. DESCRlPTION OF WORK - SOLID WASTE PROGR.<\lvf ....... ..... . ........ lO
7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lO
7.2 .................................................. .............. lO
7.3 Protection of Adjacent Property and Utilities ........................... lO
7.4 Spillage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lO
7.5 Residential Collection Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
7.6 Frequency of Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l1
7.7 Hours of Collection ............................................... II
7.8 Point of Pickup of Residential Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~2
7.9 Receptacle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .2
7.10 Methods of Collection of Residential Garbage. . . . . . . . . . . . . . . . . . . . . . . . . ..2
7.11 Schedules and Routes ............................................ .,3
7.12 Storms.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ,4
7.13 Force Majeure ....................................................,4
7.14 Collection Equipment ............................................. :,5
7.15 Refuse Quantities ................................................: 5
7.16 Disposal at a Solid Waste Disposal Facility ............................ :,6
8. DESCRlPTION OF WORK: Y f\RD TR.A..SH PROGR.Aiv1 ...................... ] 6
8.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . ] 6
8.2 Point of Pickup of Yard Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] 6
8.3 Frequency of Yard Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] 6
8.4 Hours of Collection ............................................... ] 6
8.5 Preparation of Yard Trash for Collection ..............................] 7
8.6 Method of Collection of Yard Trash .................................. ] 7
8.7 Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] 8
9. CONTRA.CTOR'S PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9.1 Contractor's Officer(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9.2 Conduct of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9.3 Employee Uniform Regulations ..................................... 19
ii
9.4 Compliance with State, Federal and Municipal Law. . . . . . . . . . . . . . . . . . . . . .15
9.5 Fair Labor Standards Act. . . . . . . . . . . . , . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 2C
9.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2C
9.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2C
9.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . 2C
9.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . .2C
10. CONTRACTOR'S OFFICE ....................................,......... 2C
10.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . 2C
10.2 Notification to Customers ...................,...................... 21
11. PA Th1ENT AND BILLING. .. . .. ... . . ...... .....,... . ... . . . . . .. . . . . . ... .21
11.1 Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11.2 Billing Procedures ................................................ 21
11.3 Adjustments in Disposal Costs ............,.......................... 2::
llA Unusual Changes or Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12. CONTRA.CT PERFOR.Tv1ANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
12.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
12.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
12.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
12.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
13. COOPERATION/COORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
13.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
13.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14. COMPLAINTS AND COMPLAINT RESOLUTION ..........................24
14.1 Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14.2 Complaint Resolution ............................................. 25
14.3 Dispute about Collection of Certain Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
15. SUBCONlUCTORS.................................................. 26
16. PERFOR.\1ANCE BOND ................................. . . . . . . . . . . . . . . . 26
16.1 Amount of Bond ................................................. 26
16.2 Form of Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
16.3 Qualification of Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
17. INSURAJ.'fCE AND INDE1v1NIFICATION ..................................27
17.1 ............................................................... 27
18. DAMAGE TO OR DESTRUCTION OF EQUIPNfENT ........................27
iii
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
.....,
.J_.
......
.J.J .
34.
35.
36.
19.
EVENTS OF DEFAULT BY CONTRi\CTOR ...........,..................,2'.
20.
REMEDIES UPON DEFAlJL T BY CONTRA.CTOR .......,............ . . . . . . 2:
TERMlNA TION FOR CONVENIENCE BY THE CITY ....................... 2' I
21.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 2' I
21.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , 2( I
VENlJE .......................,..............................,....... 2( I
LIMITATION OF LIABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 2( I
REPRESENTATION AATI W ARR.AL'\J'TIES OF CONTRi\CTOR . . . . . . . . . . . . . . . . 3( I
APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
COMPLIAJ."l'CE WITH LAW AND STAl'IDARD PRA.CTICES . . . . . . . . . . . . . . . . . . 3
TAXES, LIENS AND FEES.............................................. 3
NOTICES AL'ID CHANGES OF ADDRESSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:,
NO W AlVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:
SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:
ASSIGN11ENT ........................................................ 3:
COlvfPLETE AGREEMENT.............................................. 3:
RFP AL'ID AGREEMENT INCORPORA. TED BY REFERENCE. . . . . . . . . . . . . . . . . 3.
FURTHER DOCUMENTS ............................................... 34
INDEPE1\j1)ENT PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,;
TIME OF THE ESSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,;
A TT ACHNfENTS
EXHIBIT A
EXffiBIT B
LISTING OF EQUIPMENT
COlvfPLAINT REGISTER FORMt\ T
iv
SERVICE AGREEMENT FOR
THE CITY OF MIAMI BEACH
FOR RESIDENTIAL SOLID WASTE COLLECTION AND YARD TRASH
COLLECTION
IN THE CITY OF MIAl'VlI BEACH
This Service Agreement for Residential Solid Waste Collection and Yard Trash CoUection
(Agreement), is entered into this
day of
, 1997 by and betwcen
Browning-Ferris Industries of Florida, Inc. (EFT) (Contractor), and the City of Miami Beach, Flor,da
(City), for the purpose of solid waste collection and yard trash coUection within the City of Miami
Beach city limits (Collection Area), and other such services from the CoUection .A.rea as required by
the City and as more particularly set forth herein.
REcrT ALS:
WHEREAS, the City's contract for residential solid waste and yard trash collection and
disposal expired on January 31, 1997; and
WHEREAS, the City extended said contract until April 13, 1997, while it solicited proposlls
for a new contract; and
'NHEREAS, on February 19, 1997, the City issued Request for Proposals No. 63-97/98
entitled, "Residential Solid Waste and Yard Trash Collection and Disposal"; and
WHEREAS, at their regular meeting on March 19,1997, pursuant to the recommendati::m
of the City Manager, the Mayor and City Commission selected BFT as the fIrst-ranked proposer; and
\VHEREAS, the City and 8FI have negotiated the foregoing Agreement to provide
residential solid waste collection and yard trash collection, as more fully set forth herein.
1
GENERAL INFORMATION
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into thi~
Agreement.
2. LIAISON BETWEEN CITY AND CONTR.ACTOR
All dealings, contracts, notices and payments between Contractor and the City under t1i~
Agreement shall be directed by Contractor to the City Manager or his designee.
3. COMNfENCEMENT OF WORK
The work outlined herein shall commence immediately upon receipt of a Notice to Procel~d,
but no later than April 14, 1997.
4. TERM
4.1 The initial term of the Agreement shall be for that period beginning on April A,
1997, and terminating on October 18,1998.
4.2 The City shall have the option at its sole discretion, to renew the Agreement subjl~ct
to the terms and conditions set forth herein, including the same costs to the City as
set forth herein, for one approximately two (2) year term, said renewal tem
commencing on October 19, 1998, and ending on April 13, 2000, by giving
Contractor written notice of such renewal at least sixty (60) days prior to the end of
the initial term, as same is set forth in subsection 4.1 above.
2
5. DEFINITION OF TERMS
5.1 Authorized Reoresentative: The employee or employees designated in 'Nriting by t1e
City Manager to represent the City in the administration and supervision of tbs
Agreement.
- ')
).-
Biohazardous Waste: Any solid waste or liquid waste which may present a threat of
infection to humans. The term includes. but is not limited to, non-liquid human
tissue and body parts; laboratory and veterinary waste which contain human-disease-
causing agents; used disposable sharps, humap blood, and hwnan blood products any
body fluids; and other materials which in the opinion of the Florida Department of
Health represent a significant risk of infection to persons outside of the generating
facility.
5.3 Biological Waste: Solid waste that causes or has the capability of causing disease
or infection and includes, but is not limited to, biohazardous waste, diseased or dead
animals, and other waste capable of transmitting pathogens to humans or animal~j.
5.4 City: The City of Miami Beach, Florida, and its authorized representatives.
5.5 City Manager: The City Manager of the City of Miami Beach, Florida, or a designee
appointed by the City Manager.
5.6 Construction and Demolition Debris: Materials generally considered to be not wat~r
soluble and nonhazardous in naMe, including, but not limited to, steel, glass, bric <,
concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a construction or demolitic n
project, and including rocks, soils, tree remains, and other vegetative matter which
3
normally results from land clearing or land development operations for a construct,.or
project.
5.7 Contractor: The person, firm, corporation, holding company, organization, agen,:y
or other entity with whom the City has executed this Agreement for performance oj
the work or supply of equipment or materials, or its duly authorized representative,
All successors to Contractor are included in this definition.
5.8 Disposal Costs: The "tipping fees" charged to Contractor for disposal of the garbcge
and trash collected by Contractor.
5.9 Garba!?e: Every refuse accumulation of animal, fruit, vegetable, or organic matter
that attends the preparation, use, cooking and dealing in, or storage of, meats, fi,;h,
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.
S.lO Garba!Ze Can or Container: A container made of galvanized metal, durable plastic 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. Su:h
container shall have two handles upon the sides thereof, or a bail by which it may be
lifted, and shall have a tight fitting solid top.
S .11 Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of
its quantity, concentration, or physical, chemical, or infectious characteristics, ID3.Y
cause, or significantly contribute to an increase in mortality or an increase in serio us
irreversible or incapacitating reversible illness or may pose a substantial present or
4
potential hazard to hwnan health or the environment when improperly transported,
disposed of, stored, treated, or otherwise managed.
5.12 Household Fumimre: All movable compactible articles or apparatus, such as chairs,
tables, sofas, mattresses, etc., for equipping a house.
5.13 Household Trash: Accwnulations of paper, magazines, packaging, contamers,
sweepings, and all other accwnulations of a narure other than garbage or la\VIl trash,
which are usual to housekeeping and to the operation of stores, offices and odler
business places. Household trash s4all include, but not be limited to, all small
appliances, small furniture, yard toys, and building material waste from residential
do-it-yourself projects. Waste generated by building contractors or subcontractors
is not household trash.
5.14 Industrial Wastes: Any and all debris and waste products generated JY
manufacturing, food processing (except restaurants), land clearing, any commerc ,al
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. Industrial wastes are not included in the scope of
this Agreement.
5.15 Infectious Waste: Those wastes which may cause disease or may reasonably Je
suspected of harboring pathogenic organisms. Included are wastes which may
consist of, but are not limited to, diseased human and animal parts, contaminati:d
bandages, pathological specimens, hypodermic needles, contaminated clothing, and
surgical gloves.
5
5.16 Landfill: Any solid waste land disposal area for which a permit, other than a gene~al
permit, is required by s.403.707, Florida Statutes, that receives solid waste for
disposal in or upon land other than a land-spreading site, injection well, or a surface
impoundment.
S .17 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 as described in
subsection 5.1 O. Refuse which is collected from the ground is considered loc se
refuse.
5.18 Mechanical Container: Any detachable metal container designed or intended to be
mechanically dumped into a loader/packer type of garbage truck used by the
Contractor.
5.19 Multiple Dwellin!Z Units: .Any building containing t\Vo (2) but not more than ei!;:ht
(8) permanent living units, not including motels and hotels. Buildings containi:lg
over eight (8) living units are classified as commercial accounts unless service 0: a
different nature is approved by the City Manager or his designee.
5.20 Performance Bond: The form of security approved by the City and furnishedJY
Contractor as required under the Agreement as a guarantee that Contractor will
execute the work in accordance YVith the terms set forth herein and YVill pay al1la'.N'1Ul
claims.
5.21 Recvclable Materials: Those materials which are capable of being recycled and
which would othenvise be processed or disposed of as solid waste.
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5.22 Recycling: .Any process by which solid waste or materials which otheJ:Vlise becom
solid waste, are collected, separated, or processed and reused or returned to use in:he
form of raw materials or products.
5.23 Residential Solid Waste: A mixture of garbage and trash resulting from the nonna]
housekeeping activities of a residence.
5.24 Residence (Sin~le Family): A detached building designed for or occupied exclusiydy
by one family.
5.25 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.
5.26 Refuse Re~ulations: 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.
5.27 Remodeling and Horne Reoairs Trash: Materials accumulated by the homeovmer or
tenant during the course of a self-performed improvement project, prepared in
lengths not'exceed five (5) feet or forty (40) pounds in weight.
5.28 Residential Service: The refuse collection service provided to persons occUpyi:lg
residential dwelling units within the designated area, who are not receivLlg
commercial service.
5.29 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse and
other discarded material.
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5.30 Solid Waste Disposal Facility: Any solid waste management facility which is t1e
final resting place for solid waste, including landfills and incineration facilities trat
produce ash from the process of incinerating municipal solid waste.
5.31 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, and biological wastes.
5.32 Specifications: Directions, provisions and requirements contained in the Request for
Proposals, together with any \.Vritten contract made or to be made setting out or
relating to the methods and manner for the work to be carried out.
5.33 Vlhite Goods: Inoperative and discarded refrigerators, ranges, water heaters, freeze:s,
small air conditioning units, and other similar domestic and commercial lar~e
appliances.
5.34 Yard Trash - Re!?ular: Vegetative matter resulting from yard and landscaping
maintenance, including materials such as tree and shrub trimmings, grass clippings,
palm fonds, or small tree branches not in excess of four (4) feet in length and four ( 4)
'inches in di~eter. Such trash shall be bundled or placed in 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.
5.35 Yard Trash - Bulk: Large cuttings of vegetative and wood matter which are part :)f
normal yard maintenance which cannot be cut for placement in a container, bag, :)r
bundle due to the material exceeding the weight and size restrictions for regular ya:d
trash. Bulk yard trash shall be of a type as to be readily handled by the mechanical
8
equipment of the Contractor and bulk yard material shall not exceed six (6) fee: ir
length. Bulk yard trash does not include any form or matter or debris resulting fnIT
tree removal, land clearing, land developmem. building demolition or homt
improvement. Home improvemems as defined herein would include but not bt
limited to carpeting, cabinets, dry wall, lumber, paneling, and other such construcrlor
related materials. Carpeting will be picked up by the Contractor if cut to length~ o'
six (6) feet or less and bundled. Bulk yard trash does not include automobiles anc
automotive components, boats and internal combustion engines. This must bl
scheduled by the Contractor sb:: times per year (every other month).
5.36 Special Pick-Uo: Garden trash, tree and shrubbery trash, and any other househ)lc
debris which is not ready to be picked up on the scheduled bulk trash pick up day
or the second scheduled garbage pick up day per week, can be picked up at:he
owners/occupant's expense by calling Contractor for a special pick up. Contracto]
shall quote price for special pick ups and collect fee from owner.
6. SPECIAL CONDITIONS:
6.1 Pre-Start Route Familiarization: Contractor shall effect a pre-start rOlte
familiarization program in conjunction with the City to help route drivers becone
aware of and familiar with the collection points currently being provided. This ""ill
include a "hands-on effort" with drivers and key personnel becoming totally familiar
with City routes and points of service. The Contractor shall cenify to the City in
writing that it is completely prepared to assume collection, no later than April, 4,
1997.
9
6.2 Comprehensive Notification: Contractor shall provide comprehensive notification to
all residential customers being provided service hereunder, including notice of stan,
description of services and any time a route changes; said notification program to be
approved by the City at least two (2) weeks prior to commencement of work.
7. DESCRiPTION OF WORK - SOLID WASTE PROGRAM.
7.1 Contractor shall provide residential solid waste collection services within the C it)'
limits of Miami Beach, and as specifically set forth in RFP No. 63-96/98, daled
February 19, 1997. The City will be responsible for the billing and collection of
solid waste fees from residential customers.
7.2 Contractor shall provide, at its own expense, all labor, insurance, supervlSlon,
machinery and equipment, plant building, trucks and any other tools, equipme1t,
accessories and items necessary to maintain the standard of collections and dispo:;al
set forth herein.
7.3 Protection of Adiacent Prooertv and Utilities: Contractor shall conduct its work in
such a manner as to avoid damage to adjacent private or public property and shlll
immediately repair or pay for any damage incurred through its operations.
Contractor shall take cognizance of all existing utilities and it shall operate with due
care in the vicinity of such utilities and shall immediately repair or have repaired at
no cost to the O\V!1er any breakage or damage caused by its operation.
7.4 Soi1lage: Contractor 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 spilla,~e
caused by Contractor, clean up of spillage shall occur within four (4) hours of noti::e
10
to Contractor from City and if the spillage is not picked up within four (4) hour:;, t le
City may, at its sole discretion, pick up the spillage and bill the Contractor fc r t le
pick-up, which the Contractor shall promptly pay. Notwithstanding the forepir g,
Contractor may refuse to collect any solid waste that has not been placed in a
receptacle, as provided herein. During hauling, all solid waste shall be comaim d,
tied, or enclosed so that leaking, spilling and blowing is prevented.
7.5 Residential Col1ection Service: Contractor shall collect and dispose of all garlJa~ e,
yard trash and solid waste (except special waste. as defined in subsection 5.3 1) Ere m
all single family houses, multi-family units of eight (8) or fewer units under corrm m
ownership, as identified for servicing by the City. The Contractor shall also rerno Ie
debris such as fallen branches from the swale areas during regular pick ups.
7.6 Freauencv of Col1ection: Contractor shall collect solid waste from places )f
residence within the Agreement collection area at least two (2) times per week, wi:h
collections at least three (3) days apart. Contractor shall collect yard trash at curbsi ie
every second scheduled garbage pick up day per week.
7.7 Hours of Collection: Collection shall begin no earlier than 7:00 A.M., and shall c:ea.5e
no later than 7:00 P.M. In the case of an emergency, collection may be permin;:d at
times not allowed by this subsection, provided Contractor has received prior appro\ a1
from the City Manager or his designee, to be later evidenced by a v,1inl:n
memorandum confirming the approval. Should the Contractor not confirm aJ ,d
obtain in the approval and operate on an emergency basis, it shall be conclusive y
presumed that Contractor had not obtained such approval.
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7.8 Point of Pickup of Residential Garbage: Collections of residential garbage and
rubbish shall be at the house (backyard/sideyard), for collection at ground level.
7.9 Receptacle: Contractor shall be required to pick up all garbage and rubbish::ro:n
residential units which have been properly prepared and stored for collectic n ~
follows: all garbage, trash and rubbish shall be placed in a garbage can or in su:h
other plastic disposal bag and shall be placed at curbside on or at such other sing Ie
collection point as may be agreed upon by the Contractor and the customer. lJs'Lal
household trash shall either be placed in containers where it shall be collected in tIe
same manner as garbage at curbside. Non-containerized trash shall be colkctl:d
providing that it does not exceed four (4) feet in length nor be greater than fifty (5 ))
pounds in weight for any piece or segment of such materials.
7.1 0 Method of Collection of Residential Garbage: Contractor shall make collections wih
a minimum of noise and disturbance to the residential customer and tlle
neighborhood. .Any garbage or trash spilled by Contractor shall be picked lp
immediaTely by Contractor. Garbage receptacles shall be handled carefull:r 1 y
Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptie d
and then left at the proper point of collection. Metal cans shall be replaced uprig 1t
with covers securely and properly in place, or can be inverted with covers plaCf d
topside up on the ground next to the container. Plastic cans shall be inverted ';vi' h
covers placed topside up on the ground next to the container. July type receptac e
found in a rack, cart or enclosure of any kind shall be turned upright in such rack, ca:1
or enclosure of any kind and lids shall be placed securely on top of said receptacle;.
12
In the event of damage caused by Contractor to garbage receptacles, other th ill
normal wear and tear, Contractor shall be responsible for the timely repair :>r
replacement of said receptacles within seven (7) days of receiving a complaint fre m
the residential customer.
7.11 Schedules and Routes: Contractor shall provide the City with schedules f(lf III
collection routes and keep such information current at all times. If any change in t le
collection routes occurs, then the City shall be immediately notified in writing ill
permanent changes in routes or schedules that alter the day of pickup are subje::t to
approval of the City Manager or his designee. Upon approval by the City Man3.gl :r,
Contractor shall publish notice in a newspaper of general circulation in Dade Co.m y,
at least seven (7) days prior to the effective date, of such route or schedule chan~ e.
The cost of publication shall be borne solely by Contractor. The City reserves t le
right to deny Contractor's vehicles access to certain streets, alleys and public 'Na /s
inside the City in route to the disposal site where it is in the interest of the City 10 110
so because of the condition of the streets or bridges. The City shall not interru~ t t Ie
regular schedule or quality of service because' of street closure less than eigtt (n
hours in duration. The City shall notify Contractor of street closures of lcng~r
duration, and arrangements for service will be made in a manner satisfacto:-y :0
Contractor and City. Customers under the Agreement shall receive reasoLa1:: Ie
notification of the schedules prior to commencement of service. Such notificatiol,
material, methods, and frequency of delivery shall be approved by the City. On y
13
local truck routes shall be used in transit, unless specifically for the purpo~;e )f
collection.
7.12 Storms: In case of storm, the City Manager or his designee may grant Contract)r
reasonable variance from regular schedules and routes. As soon as practicable aft ~r
such storm, Contractor shall advise the City Manager and the customers o:~ tIle
estimated time required before regular schedules and routes can be resumed. III tIle
case of a storm where it is necessary for Contractor and the City to acqui-e
additional equipment and to hire eXtra crews to clean the City of debris and re fu ;e
resulting from the storm, Contractor shall be required to work with the City in ~ 11
possible ways, on a priority basis, for the efficient and rapid clean-up of the C:it {.
Contractor shall receive extra compensation above that set forth herein for additi onli
manpower, overtime, and costs of rental equipment, provided Contractor has fu 5t
secured prior written authorization from the City Manager or his designee. The totll
charges for such services shall be based on rates jointly agreed to by the Ci y
Manager or his designee and Contractor.
7.13 Force Mai eure: The performance of any act by the City or Contractor hereunder m. y
be delayed or suspended at any time while, but only so long as, either pary.s
hindered in or prevented from performance by acts of God, the elements, W2ir,
rebellion, strikes, lockouts or any other cause beyond the reasonable control of :;uc h
party; provided, however, that if the hindrance of prevention of performance exc:~ec.s
a period of thirty (30) days, the City may at its sole option and discretion, cancel (,r
renegotiate this Agreement.
14
7.14 Collection Equipment: Contractor shall have on hand at all times and in gc:>d
working order such equipment as shall permit Contractor to adequately a.nd
efficiently perform its contractual duties. Equipment shall be obtained fre m
nationally known and recognized manufacturers of garbage collection and disJO ;al
equipment. For residential collections, equipment shall be of the enclosed loacer
packer type, and all equipment shall be kept in good repair, appearance, anc. i1 a
reasonably sanitary and clean condition at all times. Contractor shall have availal i!e
reserve equipment which can .be put into service within two (2) hours of a1Y
breakdown. Such reserve equipment shall correspond in size and capacity tJ t 1e
equipment used by Contractor to perform the contractual duties. A Ii;t of
Contractor's equipment shall be given to the City annually (Exhibit A - Li st of
Equipment). Equipment is to be painted uniformly with the name of Contn,ctl lr,
business telephone nwnber and the nwnber of the vehicle in letters not less thar fi Ie
(5) inches high on each side of the vehicle. All vehicles shall be nwnbered aIlC a
record kept of the vehicle as to which each number is assigned. No advertising shill
be permitted on vehicles, except for events appn3ved between City and Contract( Ir,
except of events sponsored by the City.
7.15 Refuse Ouantities: Contractor represents and warrants that it has reviewed the C it) , s
collection records and understands that at certain times during the year, the quanti '-:'1
of refuse to be disposed of is materially increased by the influx of visitOl s.
Contractor agrees that seasonal fluctuation will not be justification for ContractJr :0
15
fail to maintain the required collection schedules and routes or to justify a 1 ate
increase.
7.16 Disposal at a Solid Waste Disposal Facilitv: Contractor hereby represents lnd
warrants to the City that all solid waste collected by it under this Agreement will be
disposed of only at a duly licensed and permitted solid waste disposal facil it) as
defined herein, and as specifically set forth in RFP No. 63-96/98, dated February 19,
1997. In the event Contractor relocates solid waste collected hereunder from an
existing solid waste disposal facility to another, other than a temporary basis,t ,rill
notify City in writing within ten (10) days, and Contractor shall also, within said :en
(10) day period, provide City with the licenses and permits for said new facility
8. DESCRIPTION OF WORK: YARD TRASH PROGRAM.
8.1 Contractor shall collect all yard trash as defined herein from all single-family h::>rr es,
multi-family units of eight (8) or fewer units under common ownership, as identif ,ed
for servicing by the City.
8.2 Point of Pickup of Yard Trash: Collection of yard trash shall be at curbside.
8.3 Frequencv of Collection: Contractor shall pick up all yard trash as defined her ~in
from residences and multi-family units of eight (8) or fewer units within the Sf:rv ce
area at least once a week, on the second scheduled pick-up day of each week. 'Wl: ite
goods and bulk items shall be collected on a pre-arranged basis. Contractor sh:tll be
responsible for establishing such' programs and public information for same.
8.4 Hours of Collection: Collection shall begin no earlier than 7:00 A.M. and shall ce:,'se
no later than 7:00 P.M., provided that in the event of an emergency or unfon~seen
16
circumstances, collection may be permitted at a time not allowed by this subse,:;til In,
following approval by the City Manager.
8.5 Preparation of Yard Trash for Collection: The Contractor shall pick up all yard tnsh
generated from residential units and multi-family units of eight (8) or fewer UI its
which has been properly prepared and stored for collection as follows:
Garden and Yard Trash - Regular placed adjacent to the pavement or traveled ",ay
of the street in containers or bundles less than fifty (50) pounds each with no
dimension over four (4) feet each, or limbslbranches not greater than four (4) incles
in diameter, shall be collected at least one day per week. Palm fronds and bulky tee
debris from trees on the swales, in accordance with the dimensions set forth a)o' re,
shall be picked up as is. Non-containerized Yard Trash and Yard Trash-Bulk ",ill be
collected by the Contractor on a scheduled basis at no additional charge. 81.::h
service shall be provided at least six times per year (every other month). In the~vl:nt
of a dispute between Contractor and a customer as to what constitutes bulk)' y, rd
trash, the situation will be reviewed and decided by the City Manager an:! his
designee whose decision will be [mal.
8.6 Method of Collection of Yard Trash: The Contractor shall make collections witl a
minimum of noise and disturbance to the householder. Any yard trash spilled ty tle
Contractor shall be picked up immediately by the Contractor. Garbage receptacJ ~s
shall be handled carefully by the Contractor, shall not be bent or otherwise abuse, d,
and shall be thoroughly emptied and then left at the proper point of collection. Meal
cans are to replaced upright with covers securely and properly in place on the Gars.
Plastic cans shall be inverted with covers placed topside up on the ground next t:> t Ie
17
container. Any type receptacle found in a rack, cart or enclosure of any kind sh 111
"
"-
be turned uprigh~ such rack, cart or enclosure, and lids shall be placed securely 2 nd
properly on the top of said receptacles.
8.7 Equipment: The Contractor shall have on hand at all times and in good working :m ,er
such equipment as shall permit the ContractOr adequately and efficiently to perro m
its contractual duties. Equipment shall be obtained from nationally knowr, ald
recogni7ed manufacturers of garbage collection and disposal equipment. Colle::tim
vehicles shall be of the enclosed loader packer type or other vehicle design.~d to
allow for efficient collection of yard trash. The equipment shall be kept in~o )d
repair, appearance, and in a sanitary and clean condition at all times. ..oJl replace me nt
and additional vehicles shall be new equipment unless otherwise agreed by the :::i:y.
The Contractor shall have available reserve equipment which can be put into se:"Vi:e
within two (2) hours of any breakdo'WD. Such reserve equipment shall correspolld
in size and capacity to the equipment used by the Contractor to perfom t: le
contractual duties. A list of the Contractor's equipment shall be given to the City 3.t
the time of each annual audit (Exhibit A).
9. CONTRACTOR'S PERSONNEL.
9.1 Contractor's Officer(s): Contractor shall assign a qualified person or persons to be
in charge of the operations within the service area. Contractor shall give the n2ml:S
of these persons to the City. Information regarding the person's experience ar d
qualificat:,)ns shall also be furnished. Supervisory personnel must be availabk f( 'r
consultation with the City Manager or his designee and/or customers withm a
18
reasonable, practicable time after notification of a request for such consultation. 1 he
supervisor(s) shall operate a vehicle which is radio equipped.
9.2 Conduct of Emplovees: Comractor shall see to it that its employees serve the Ful: lic
in a couneous, helpful and impartial manner. Contractor's collection employees v ill
be required to follow the regular walk for pedestrians while on private property. ] ~o
trespassing by employees will be permined, nor crossing property of neighb)ri 19
premises unless residents or owners of both such properties shall have gi'V::n
permission in writing. Care shall be taken to prevent damage to property inc1udi 19
cans, carts, racks, trees, shrubs, flowers and other plants.
9.3 Emplovee Uniform Regulations: Conn-actor's solid waste collection employees shill
wear a uniform or shirt bearing the company's name. Contractor shall furnish to
each employee an identifying badge, not less than two and one-half (2 W') inches in
diameter, with numbers and leners at least one (1 ") inch high, uniform in:YI e.
Employees shall be required to wear such badges while on duty. Lenering stitch:d
on or identifying patches permanently anached to uniform shirts and jackets wi 11 )e
acceptable. Conn-actor shall keep a record of employees' names, numbers and rot: te
assigmnents in a manner to allow identification of employees at all times. Contract)[
shall provide its then current employee list to City within twenty-four (24) hours )f
wrinen notice form the City.
9.4 Compliance with State. Federal and Municipal Law: Contractor shall comply wi b
all applicable City, State and Federal laws relating to wages, hours, and all oth:r
19
applicable laws, rules and regulations including but not limited to those relating to
the employment or protection of employees, now or hereafter in effect.
9.5 Fair Labor Standards Act: Contractor is required and hereby agrees by executi:m of
this Agreement, to pay all employees not less than the Federal minimum wag~ ald
to abide by other requirements as established by the Congress of the United ~:ta' es
in the Fair Labor Standard Act as amended from time to time.
9.6 Each vehicle operator shall, at all times, carry a valid driv~r's license for the type of
vehicle that is being driven.
9.7 Contractor shall provide operating and safety training for all personnel.
9.8 Conrractor shall, wherever possible, employ its personnel from residents of the Ci'y.
9.9 No person shall be denied employment by Contractor for reasons of race, Sf: x,
national origin, creed, age, physical handicap, sexual orientation or religion.
10. CONTRACTOR'S OFFICE.
10.1 Contractor shall provide, at its expense, a suitable office located within or in do;e
proximity to Dade County, open between 8:00 A.M. and 5:00 P.M., Monday thr)u:;h
Friday, with a telephone nwnber dedicated solely for Miami Beach residents whe~e
complaints shall be received, recorded and handled during normal working hours )f
each week and shall provide for prompt handling of emergency complaints and ,11
other special calls in accordance with Section 14. The office shall include recordiI,g
equipment for receipt and logging of off-hours calls. Said calls to be responded 0
the following working day.
20
10.2 Notification to Customers: The Contractor shall notify all customers, ,in witing,
about complaint procedures, rates, regulations, and the days of collectiol :.nd
procedures for special pick-ups, including white goods and bulk items.
11. PA YMENT AND BILLING.
11.1 Compensation: The City shall pay Contractor compensation for the performa:nc~ of
this Agreement, the sums due based on the unit prices submitted in Contr2ctur's
response to RFP No. 63-96/98 dated February 19, 1997, subject to any condition~ or
deductions as provided. Contractor's Unit Price Schedule for solid waste anc YlId
trash collection shall include disposal costs and all costs for services to be pro i'ic ed
herein, except where additional fees, increases or services are specifically proi'ic ed
herein. Contractor shall submit an invoice by the 10th of each month ror servil:es
rendered during the preceding month, and payments 'Will be made to Contractor :m
or before the 20th day of each calendar month upon verification of the in'\!O ce
submitted.
11.2 Billin!? Procedures: On the first day of each month the contract payment(~) : or
Residential Solid Waste Collection and Yard Trash Collection shall be adjusted to
correspond 'With the occupancy of existing or new buildings and the demolition (If ( Id
buildings. Tne adjustment made on the first day of each month shall be for buildiI15s
either occupied or demolished during the second month preceding the adjustI1e:lt;
for example, any change which is made on June 1 of any year 'Will be for buildin~s
occupied or demolished in April of the subject year. A.ny existing unit shall )e
considered unoccupied whenever the City has temporarily terminated water servic e,
21
at the customer's request only. Any new unit shall be considered to be occ'.lpied
when a certificate of occupancy has been issued and water service has been provic ed
to the unit's occupant(s). Proof of demolition shall be demolition permits issu.~d :>y
the Building Department. The Contract adjustments will be based on unit co ;ts
included in the Contractor's original bid. The City will notify the Contractor of a 1Y
existing unit that is considered tllloccupied and of any new unit that is consideI ed to
be occupied.
11.3 Adlustments in Disposal Costs: The parties acknowledge that the contract is has~d
on the current Dade COtlllty Tipping Fee at time of award. However, it is recog:1i2~d
that, from time to time, the actual cost charged to the Contractor by a disposal a~:en ,-;y
for disposal of refuse at the disposal site may change.
In the event of such change in the tipping fee, Contractor may request, and the e ty
upon submission of sufficient proof of such change, shall grant such increase in
contract price for the disposal cost as will compensate for the actual change )f
disposal cost. Decreases in disposal costs shall be cause for a like decrea;e in
contract price.
11.4 Unusual Changes or Costs: Contractor may petition the City for rate adjustments at
reasonable times on the basis of tlllusual changes in its cost of doing business, sUI:h
as revised laws, ordinances or regulations, or changes in location of disposal ~:ite s,
and such requests shall not be unreasonably refused. Prior to allowing any increas ~,
the Contractor must submit all records and information reasonably requested by tIe
City as would support the requested increase, which request shall be submitted to tl,e
22
City of Miami Beach Commission for its consideration. Any of the aforesj,id
changes or any other conditions which occur that substantially reduce Contracto "s
cost shall entitle the City to receive a unit rate decrease in proportion to the decre:: se
in Contractor's cost.
12. CONTRACT PERFORMANCE.
12.1 Contractor's performance pursuant to this Agreement shall be supervised by the C: ty
Manager or his designee. If at any time during the life of the AgreeI1e:lt,
performance is considered unsatisfactory by the City Manager or his desigm e,
Contractor shall immediately take all steps necessary and procedures to propel ly
perform under the Agreement, including but not limited to increasing the worlcD)rc e,
tools and equipment as needed to properly perform this Agreement. The failure )f
the City Manager or his designee to give such notification shall not reEe' 'e
Contractor of its obligation to perform the work at the time and in the mann~r
specified by the Agreement.
12.2 Contractor shall furnish the City Manager or his designee any information relc:.tir g
to the Agreement to ascertain whether or not the work, as performed, is in accord me e
with the requirements of the Agreement.
12.3 The City Manager may appoint qualified persons to inspect Contractor's operatioJ
and equipment at any reasonable time, and Contractor shall admit author..ze i
representatives of the City to make such inspections at any reasonable time and placl..
12.4 The failure of the City at any time to require performance by Contractor of an!
provision thereof shall in no way affect the right of the City thereafter to enfore.~
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same, nor shall waiver by the City of any breach of provisions hereof taken or hc.ld
to be a waiver of any breach of such provision or as a waiver of any provision i tse If.
13. COOPERA. TION/COORDINA TION.
13.1 The City and its authorized representatives shall at all reasonable times be pemjtt~d
free access and every reasonable facility for the inspection of all work, equip:m nt
and facilities of Contractor.
13.2 Contractor shall cooperate with authorized representatives of the City in every w ty
in order to facilitate the quality and progress of the work contemplated under tl is
Agreement. Contractor shall have at all times a competent and reliable En:;li:h
speaking representative on duty authorized to receive orders and to act for Contrd,ct )r
in the case of its absence.
14. COMPLIUNTS AND COMPLAINT RESOLUTION.
14.1 Complaints: Contractor shall prepare, in accordance with the format approved b:i the
City, and maintain a register of all complaints and indicate the disposition of I~a( h
complaint. Complaints shall be identified and such record shall be available for Ci y
inspection at all times during business hours. (See Exhibit B for Complaint Regist,:r
Format). The form shall indicate the date and time on which the complaint w"s
received and the date and time on which it was resolved. All complaints shall t e
addressed \.Vithin a 24 hour period, except when a complaint is received after I:~:O)
noon on the day preceding a holiday, or on a Saturday, in which case the complaiI t
shall be resolved not later than the next working day. A monthly listing of all th~
complaints filed and of their disposition shall be mailed monthly to the City Manager
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or his designee, no later than five (5) working days after the end of each m:mh.
Legitimacy of challenged complaints shall be determined on the basis of a jo nt
inspection by the City Manager and a representative of Contractor. Disputes sh ill
be referred to the City Manager or his designee, whose decision shall be fmal.
14.2 Complaint Resolution: The following events shall be considered Events ofDefaHlt
for the purposes of subsection 19 of the Agreement:
1) Complaints in any calendar month in excess of 0.25% of tIe
residential customers serviced per month. .
2) Not resolving complaints of missed services within twenty-four (2 t)
hours six (6) times in any calendar month.
3) Not meeting the criteria established in a response approved b~' the
City Manager for handling customer complaints; said process 10 l,e
submitted within one (1) week of the City Commission approvl1i)f
this Agreement.
14.3 Dispute about Collection of Certain Items: It is recognized that disputes may ari~ e
between the City and Contractor with regard to the collection of certain items dl,:e 10
disputes over the specific language of the Agreement. The City Manager may fr0l1
time to time notify Contractor by telephone to remove all such refuse. Shoul j
Contractor fail to remove the refuse within twenty-four (24) hours from tim~ c f
notification, the City may do so, and all costs incurred by the City shall be deductei
from compensation due Contractor. Notice of the amount deducted shall be give 1
to Contractor. If it is determined that the disputed refuse did not conform to th,~
25
specifications of this Agreement, the Contractor shall be entitled to reimbursem ~nt
of the deduction.
15. SUBCONTRACTORS.
Subcontractors will not be permitted under the terms of this Agreement without the pI ior
written consent of the City, which consent shall not be unreasonable withheld.
16. PERFORMANCE BOND.
16.1 Amount of Bond: Contractor shall, upon execution of this Agreement by both 1= art tes
and prior to the commencement of the services under the Agreement, furnish:o ' he
City a Performance Bond in the penal sum as stated below for the payment of wh ch
Contractor shall bind itself for the faithful performance of the terms and condltic ns
of this Agreement:
Said performance bond will be fifty percent (50%) of the Agreement amoult, as
calculated in Contractor's response to RFP No. 63-96/98, dated February 19,19~7,
and as adjusted annually on the anniversary date of the Agreement.
16.2 Form of Bond: The form of the Performance Bond shall be as set forth in RFP } o.
63-96/98, dated February 19, 1997, and shall continue in full force and effect
throughout the term of this Agreement, and any e:x.1:ensions thereof.
16.3 Oualification of Suretv: Th~ Performance Bond must be executed by a Sun ty
Company of recognized standing, authorized to do business in the State of Florila
and having a resident agent in Dade County. The Surety Company shall hold a
current Certificate of Authority as acceptable surety on Federal Bonds, in accordan~e
with U.S. Department of Treasury Circular 570, in Current Revision. The
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Performance Bond will not be accepted unless it is within the limits set forth in :he
Certificate of Authority from the Department of Treasury.
17. INSURANCE AND INDEMNIFICATION.
17.1 At all times during the term of this Agreement, Contractor shall maintain in full fo 'ce
and effect, at its sole cost, the insurance and indemnity provisions set forth ir R::'P
No. 63-96/98, dated February 19, 1997.
18. DAMAGE TO OR DESTRUCTION OF EQUIPMENT.
If any item of equipment is damaged, destroyed, or stolen by an event which is coverf~d ::>y
insurance, Contractor will utilize the insurance proceeds to repair or replace said equipme 1t.
If the insurance proceeds are insufficient or the equipment has been damaged or destroy ~d
by an uninsured casualty, Contractor shall invest the additional funds needed to repair or
replace the equipment.
19. EVENTS OF DEFAULT BY CONTMCTOR
Each of the following events or conditions shall constitute an event of default by Contrc"ctl. Ir:
a) Any material failure by Contractor to perform or comply with the term~; a:,ld
conditions of this Agreement, including the failure of Contractor to meet t.le
standards of performance as defmed in Section 12 herein, and said failu~e
continues for thirty (30) days after Notice to Contractor demanding that sUi:h
failure be cured.
b) Filing by or against Contractor or the Performance Bond surety :>f a
bankruptcy, receivership, assignment for the benefit of creditors, liquida':io 1,
27
dissolution, composition or reorganization petition, or other insolveI cy
proceeding.
c) If the services under the Agreement shall be vacated or abandoned by
Contractor during the term of this Agreement for a period of seven (7) d;ys
or more.
d) Any representation or warranty furnished by Contractor in this Agreemen: is
found to be false or misleading in any material respect when made.
e) Failure to abide by the complaint resolution standards set forth in subsecti:m
14.3.
20. REMEDIES UPON DEFAULT BY CONTRACTOR
In the event of default by Contractor, the City may, without election of remedies:
a) Without recourse to legal process, immediately terminate the AgreementJY
delivery of a Notice declaring termination (which shall become effe cti ve
upon receipt by Contractor), whereupon Contractor shall, at its sole C05t,
remove the equipment.
b) Seek recovery on the Performance Bond.
c) Exercise all remedies available at law or at equity or other appropri, te
proceedings including bringing an action or actions from time to time j:>r
recovery of amounts due and owing to the City, and/or for damages whi:h
shall include all costs and expenses reasonably incurred in exercise of ts
remedy, and/or for specific performance.
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21. TERMrNA TION FOR CONVENIENCE BY THE CITY
21.1 THE CITY, IN ADDITION TO THE RIGHTS AND OPTIONS TO
TERMINATE SET FORTH IN SECTIONS 19 AND 20, OR IN AJ'fY OTHER
PROVISIONS SET FORTH IN TillS AGREEMENT, RETAINS THE RlGET
TO TERMINATE THIS AGREEMENT AT ITS SOLE OPTION AT iu'\Y
TIME FOR CONVENIENCE, WITHOUT CAUSE AND WITHOIT
PENALTY, WHEN IN ITS SOLE DISCRETION IT DEEMS SlJCH
TERMINA TION IS IN THE BEST INTEREST OF THE CITY. .
21.2 Said termination for convenience shall become effective thirty (30) days follo',vll.g
receipt by Contractor of a wrinen termination notice. In that event, the City ,;hdl
compensate Contractor in accordance with the Agreement for all services acmal y
performed by Contractor. Such payment shall be the total extent of the (it) 's
liability to Contractor upon a termination as provided in this Section.
22. VENUE
This Agreement shall be enforceable in Dade County, Florida, and iflegal action is necessaJY
by either party with respect to the er:Uorcement of any and all tHe terms or conditions hereil,
exclusive venue for the enforcement of same shall lie in Dade County, Florida.
j'"
_.J.
LIMIT..; TION OF LIABILITY.
The City desires to enter into this Agreement only if in so doing the City can place a Em .t
on the City's maximum liability for any cause of action for money damages due to an alkge:i
breach by the City of this Agreement, so that its liability for any such breach never exceec s
a maximum of two hundred thousand ($200,000.00) dollars. Contractor hereby expre:;se 3
29
its willingness to enter into this Agreement with recovery from the City for any daI1a: ~e
action for breach of contract to be its actual damages but in not event to exceed a maximu n
two hundred thousand ($200,000.00) dollars. Accordingly, and notwithstanding any ()th~r
term or condition of this Agreement, Contractor hereby agrees that the City shall not: le
liable to Contractor for damages in an amount in excess of !\VO hundred thOU5aJ ,d
($200,000.00) dollars pursuant to this Agreement, for any action or claim for breach )f
contract arising out of the performance or non-performance of any obligations imposed np< ,n
the City by this Agreement. Nothing contained in this subparagraph or elsewhere in tl: is
Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Statutes, Section 768.28.
24. REPRESENT A TION AND W ARRA.NTIES OF CONTRA.CTOR
Contractor warrants and represents to the City that:
a) It has all requisite power, authority, licenses, permits, and franchise s,
corporate or otherwise, to execute and deliver this Agreement and pen'or n
its obligations hereunder.
b) Its execution, delivery, and performance of this Agreement have been iu y
authorized by, or is in accordance with, its organic instruments, th,s
Agreement has been duly executed and delivered for it by the signatorifs ~ 0
authorized, and it constitutes its legal, valid and binding obligations.
c) Its execution, delivery, and performance of this Agreement will not result: n
a breach of violation of, or constitute a default under, any agreement, l~~ e
30
or instrument to which it is a pany 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 th :re
pending or threatening any notice, or any violation of any applicable la'I"s,
ordinances, regulations, rules, decrees, awards, permits or orders wh ch
would materially adversely affect its ability to perform hereunder.
e) It has, or will have under its conn-ol at the date of commencement of selviles
under this Agreement, all equipment, machinery, manpower and solid 'f.,Ta;te
disposal facility necessary to perform under the Agreement.
25. APPLICABLE LAW.
This Agreement and the construction and enforceability thereof shall be interpreted unc er
the laws of the State of Florida.
26. COMPLIANCE "WITH LA W AND STANDARD PRACTICES.
Contractor shall perform its obligations hereunder in compliance with any and all applicat Ie
Federal, State, and Local laws, rules, and regulations, in accordance with sound engine::ri: Ig
and safety practices, and in compliance with any and all rules of the City relative tc t Ie
service. Contractor shall be responsible for obtaining all governmental permits, cons::n s,
and authorizations as may be required to perform its obligations hereunder prior to begirmiJ,g
of providing service.
27. TAXES. LIENS AND FEES,
At all times during the existence of this Agreement, Contractor shall pay on or before the dl,e
date all taxes, fees, and assessments which may be levied upon or in respect of tl e
31
equipment, or its operation, including but not limited to commercial personal property lax~s,
sales taxes, and intangible taxes, and Contractor shall pay on or before the due date any otl .er
charge of any character which may be imposed or incurred by any public authority as ,;m
incident to title to, ownership of, or operation of the equipment. In the event that any lj~n
or encumbrance of any nature relating to Contractor's equipment or the operation of
maintenance thereof is filed upon the City, Contractor shall have thirty (30) days from 11e
date of written notice by City to have such lien or encumbrance bonded off or discha:.ge i.
28. NOTICES AND CHANGES OF ADDRESSES.
All "Notices" to be given by either party to the other shall be in writing and must be eitl er
delivered or mailed by registered or certified mail, return receipt requested, addresses as
follows:
To the City:
CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: JOE PINON, ASSISTANT CITY MANAGER
'WITH A COpy TO:
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MURRAY H. DUBBIN, CITY ATTORNEY
To Contractor:
BROWNING-FERRIS INDUSTRIES OF FLORIDA, INe. (BFI:
3840 N.W. 37TH COURT
MIAMI, FLORIDA 33142
_ ATTENTION: ROSS JOHNSTON / JOHN CASAGRPJIDE
32
or such other addresses as either party may hereinafter designate by aNotice to the oth~r.
Notices are deemed delivered or given and become effective upon mailing if mailed as
aforesaid and upon actual receipt if othenvise delivered.
29. NO WAIVER.
The failure of Contractor or the City to insist upon the strict performance of the term:; a ld
conditions hereof shall not constitute or be construed as a waiver or relinquishment of fiu er
party's rights to thereafter enforce the same in accordance with this Agreement in the eve nt
of a continuing or subsequent default.on the part of Contractor or the City.
30. SEVERABILITY.
In the event that any clause or provision of this Agreement or any pan thereof shall )e
declared invalid, void or unenforceable by any court having jurisdiction, such invalidity sh d.l
not affect the validity or enforceability of the remaining portions of this Agreement.
31. ASSIGN1vfENT.
The selection of Contractor as the service provider under this Agreement is based upc n : ts
experience, capability financial ability to perform the work. Contractor shall not as:;ig 1,
delegate or subcontract any of the rights or obligations under this Agreement withou: tJ Ie
prior vmtten consent of the City.
...,..,
::J_.
C01'vfPLETE AGREEMENT.
This Agreement, when executed, together with all Exhibits attached hereto as provided fi lr
by this Agreement, shall constitute the entire Agreement between both panies and th s
Agreement may not be amended, modified or terminated except by vmting signed b) t1: e
parties hereto.
33
33. RFP AND AGREEMENT INCORPORA TED BY REFERENCE.
RFP No. 63-96/98, dated February 19, 1997, together with all amendments thereto, a ld
Contractor's proposal in response thereto are hereby incorporated by reference into tl tis
Agreement. In construing the rights and obligations between the parties, the order of pr.,ony
in case of conflict between the documents shall be as follows:
(1) This Agreement
(2) The other Exhibits to this Agreement.
(3) RFP No. 63-96/98, together with all amendments thereto.
(4) Contractor's proposal in response to RFP No. 63-96/98.
34. FURTHER DOCUMENTS.
The parties shall execute and deliver all documents and perform all further acts that m"y )e
reasonably necessary to effectuate the provisions of this Agreement.
35. INDEPENDENT PARTIES.
Nothing contained in this Agreement shall be deemed or construed for any purpO~ie :0
establish, between City and Contractor, a partnership or venmre, a principal agelt
relatioRShip, or any relationship other than property owner and independent contracto:~.
36. TIME OF THE ESSENCE.
Time is of the essence with respect to each and every term and condition of this Agreemert.
34
IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto subscribe their
names to this instrument on the date first above written.
Signed, Sealed and Delivered
in the presence of:
ATTEST:
BROWNING-FERRlS INDUSTRIES
OF FLORIDA, lNe.
(,re- ('I'
~J. &&-----/
ce President
!
'-../
_~o(,LLtcJ ? OAC~
City Clerk
ATTEST:
........
'M.'t'J"[MOUaYt.0&IDCN'1'n~8I1
APPROVED AS TO
FORM & lANGUAGE
& FOR execunON
1fe!/I!J '
~~,~
35