98-22892 RESO
RESOLUTION NO: 98-22892
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SERVICE AGREEMENT WITH ONYX FLORIDA,
LLC, AS THE LOCAL ENTITY ESTABLISHED BY MONTENAY POWER
CORPORATION, FOR AN INITIAL TERM OF TWO YEARS, TO PROVIDE
RESIDENTIAL SOLID WASTE AND YARD AND TRASH COLLECTION AND
DISPOSAL, PURSUANT TO THE AWARD OF REQUEST FOR PROPOSAL (RFP) NO
53-97/99.
WHEREAS, the Mayor and City Commission finds it in the public interest to ensure that all areas within
the City limits are adequately provided with high-quality waste collection and disposal service; and
WHEREAS, the City's contract for residential solid waste and yard trash collection and disposal expires
on October 18, 1998; and
WHEREAS, on May 7, 1998, the City issued Request for Proposals No. 53-97/99 entitled, "Residential
Solid Waste and Yard Trash Collection and Disposal;" and
WHEREAS, at their regular meeting on July 15, 1998, the Mayor and City Commission selected
Montenay Power Corporation (Montenay) as the first-ranked proposer; and
WHEREAS, the City and Onyx Florida, LLC, as the regional entity established by Montenay, have
negotiated the attached Agreement to provide residential solid waste collection and yard trash collection.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and authorize
the Mayor and City Clerk to execute the attached Service Agreement with Onyx Florida, LLC, as the local entity
established by Montenay Power Corporation, for an initial term of two years, to provide Residential Solid Waste
and Yard and Trash Collection and Disposal, pursuant to the award of Request for Proposal (RFP) No. 53-97/99.
PASSED and ADOPTED this~day of September, 1998.
~~
MAYOR
Wt~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXeCUTION
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~~
City Attorney
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~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~ SS,L.j 8
TO:
Mayor Neisen O. Kasdin and
Members of the City Co
DATE: September 9, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
L-
A RESOLU ION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MA YOR AND CITY CLERK TO EXECUTE A SERVICE
AGREEMENT WITH ONYX FLORIDA, LLC, AS THE LOCAL ENTITY
ESTABLISHED BY MONTENAY POWER CORPORATION, FOR AN
INITIAL TERM OF TWO YEARS, TO PROVIDE RESIDENTIAL SOLID
WASTE AND YARD AND TRASH COLLECTION AND DISPOSAL,
PURSUANT TO THE AWARD OF REQUEST FOR PROPOSAL (RFP) NO
53-97/99.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On July 15, 1998, the City Commission directed the Administration to award RFP No. 53-97/99 for
Residential Solid Waste and Yard and Trash Collection to Onyx Florida, LLC, for a period of two
years. That agreement has been successfully negotiated. The approved price the City will pay for
residential solid waste and yard and trash removal from single family, townhouses and duplexes is
$11.61 per month. Multiple dwelling buildings of eight units or less will cost the City $10.44 per
month. The annual cost savings for both (over current rates with Browning Ferris Industries) is
$339,759.72.
ANALYSIS
It is important that the City Commission be aware that when the City issued an addendum to the
Residential RFP, and extended the deadline for responses, it was done with the intention of making
the successful respondent responsible for assuming all costs and responsibilities associated with the
operation of Bayshore Stash Site. The Commission Memo of July 15, 1998 and Addendum to the
RFP both speak to this issue. However, the City's annual cost associated with the operation of the
Stash Site (approximately $200,000) was not included in the Onyx response to the RFP. The other
competitive respondents, BFI and Waste Management, have confirmed that they did not include the
Stash Site costs in their respective bids either. Consequently, the annual costs associated with the
AGENDA ITEM G\ 1 M
DATE~
operation of the Stash Site will remain the City's until May of 1999 when the Bayshore Stash Site
Agreement with BFI expires, or terms are successfully agreed upon with Onyx, or until such time
as the Stash Site contract is re-bid. If the City's cost of operating the Bayshore Stash Site ($200,000)
is deducted from the cost savings of the Onyx proposal ($339,000), the City will have a net savings
of approximately $139,000 on an annual basis.
As part of our negotiations with Onyx, they have also agreed to a number of community service
projects in addition to providing City residents with quality residential waste and trash removal
services. These include, but are not limited to: provision of a quiet mulching machine at the
Bayshore Stash Site to provide mulch to the City's Parks and Landscape Division and City residents.
an annual contribution to the City's Trash Can Replacement Program (100 cans at $415 each) and
the donation of a planted landscape buffer at the entrance to the Bayshore Stash Site at the Meridian
Avenue entrance way.
CONCLUSION
Adopt the Resolution and approve the contract negotiations that award the Residential Solid Waste
and Yard and Trash Contract for a two-year period to Onyx Florida, LLC, as the local entity
established by Montenay Power Corporation.
SR:~:PW
f: \cmgr\$all\commemo. 98\montenay .com
SERVICE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
ONYX FLORIDA, LLC
FOR
CITY OF MIAMI BEACH RESIDENTIAL SOLID WASTE COLLECTION
AND YARD TRASH COLLECTION
TABLE OF CONTENTS
1. RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. LIAISON BETWEEN CITY AND CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. COMMENCEMENT OF WORK ...........................................2
4. TERM.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
4.2 ................................................................ 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
5.1 0 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 .............................................. .7
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 ..................................................... .8
i
5.30 Solid Waste Disposal Facility ....................................... .8
5.31 Special Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
5.32 Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
5.33 White Goods .................................................... .8
5.34 Yard Trash - Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .8
5.35 Yard Trash - Bulk ................................................ .8
5.36 Special Pick-Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .9
6. SPECIAL CONDITIONS ................................................ .9
6.1 Pre-Start Route Familiarization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .9
6.2 Comprehensive Notification ....................................... .10
7. DESCRIPTION OF WORK - SOLID WASTE PROGRAM..................... 10
7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
7.3 Protection of Adjacent Property and Utilities ........................... 10
7.4 Spillage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7.5 Residential Collection Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7.6 Frequency of Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7.7 Hours of Collection ............................................... 11
7.8 Point of Pickup of Residential Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7.9 Receptacle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7.10 Methods of Collection of Residential Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . 12
7.11 Schedules and Routes ............................................. 13
7.12 Storm Debris Cleanup ............................................. 14
7.13 Force Majeure ................................................... 15
7.14 Collection Equipment ............................................. 16
7.15 Refuse Quantities ................................................ 16
7.16 DisposalataSolidWasteDisposalFacility........................... .17
8. DESCRIPTION OF WORK: YARD TRASH PROGRAM ...................... 17
8.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.2 Point of Pickup of Yard Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.3 Frequency of Yard Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.4 Hours of Collection ............................................... 17
8.5 Preparation of Yard Trash for Collection .............................. 18
8.6 Method of Collection of Yard Trash .................................. 18
8.7 Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9. CONTRACTOR'S PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9.1 Contractor'sOfficer(s)............................................ .19
9.2 Conduct of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
9.3 Employee Uniform Regulations ..................................... 20
ii
9.4 Compliance with State, Federal and Municipal Law. . . . . . . . . . . . . . . . . . . . . .21
9.5 Fair Labor Standards Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
10. CONTRACTOR'S OFFICE.............................................. 21
10.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10.2 Notification to Customers .......................................... 22
11. PAYMENT AND BILLING .............................................. 22
11.1 Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
11.2 Billing Procedures ................................................ 22
11.3 Adjustments in Disposal Costs ...................................... 23
11.4 Unusual Changes or Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11.5 Consumer Price Index .............................................24
12. CONTRACT PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
12.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
12.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
12.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
12.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13. COOPERATION/COORDINATION....................................... 25
13.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
14. COMPLAINTS AND COMPLAINT RESOLUTION ..........................26
14.1 Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14.2 Complaint Resolution ............................................. 26
14.3 Dispute about Collection of Certain Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
15. SUBCONTRACTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
16. PERFORMANCE BOND ................................................27
16.1 Amount of Bond ................................................. 27
16.2 Form of Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
16.3 Qualification of Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
17. INSURANCE AND INDEMNIFICATION ..................................28
17.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
18. DAMAGE TO OR DESTRUCTION OF EQUIPMENT ........................ 28
iii
19. EVENTS OF DEFAULT BY CONTRACTOR ............................... 29
20. REMEDIES UPON DEFAULT BY CONTRACTOR ............................. 30
21. TERMINATION FOR CONVENIENCE BY THE CITY ........................30
21.1 . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 30
21.2 . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 31
22. VENUE. . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . .. . .. . . 31
23. LIMITATION OF LIABILITY. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
24. REPRESENTATION AND WARRANTIES OF CONTRACTOR . . . . . . . . . . . . . . . . 32
25. APPLICABLE LAW . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
26. COMPLIANCE WITH LAW AND STANDARD PRACTICES.................. 33
27. TAXES, LIENS AND FEES. . . . . . .. . .. . . . .. . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . .. . . 33
28. NOTICES AND CHANGES OF ADDRESSES . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
29. NO WAIVER............................................................ 35
30. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
31. ASSIGNMENT........................................................ 35
32. COMPLETE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
33. RFP AND AGREEMENT INCORPORATED BY REFERENCE. . . . . . . . . . . . . . . . . 35
34. FURTHER DOCUMENTS ............................. . . . . . . . . . . . . . . . . . . 36
35. INDEPENDENT PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
36. TIME OF THE ESSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
A TT ACHMENTS
EXHIBIT A
EXHIBIT B
LISTING OF EQUIPMENT
COMPLAINT REGISTER FORMAT
iv
SERVICE AGREEMENT FOR
THE CITY OF MIAMI BEACH
FOR RESIDENTIAL SOLID WASTE COLLECTION AND YARD TRASH
COLLECTION
IN THE CITY OF MIAMI BEACH
This Service Agreement for Residential Solid Waste Collection and Yard Trash Collection
(Agreement), is entered into this 10th day of September , 1998 by and between Onyx
Florida, LLC (Onyx) (Contractor), and the City of Miami Beach, Florida (City), for the purpose of
solid waste collection and yard trash collection within the City of Miami Beach city limits
(Collection Area), and other such services from the Collection Area as required by the City and as
more particularly set forth herein.
RECIT ALS:
WHEREAS, the City's contract for residential solid waste and yard trash collection and
disposal expires on October 18, 1998; and
WHEREAS, on May 7, 1998, the City issued Request for Proposals No. 53-97/99 entitled,
"Residential Solid Waste and Yard Trash Collection and Disposal"; and
WHEREAS, at their regular meeting on July 15, 1998, the Mayor and City Commission
selected Onyx as the first-ranked proposer; and
WHEREAS, the City and Onyx 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 this
Agreement.
2. LIAISON BETWEEN CITY AND CONTRACTOR
All dealings, contracts, notices and payments between Contractor and the City under this
Agreement shall be directed by Contractor to the City Manager or his designee.
3. COMMENCEMENT OF WORK
The work outlined herein shall commence immediately upon receipt of a Notice to Proceed,
but no later than October 12, 1998
4. TERM
4.1 The initial term of the Agreement shall be for that period beginning on
October 12, 1998 , and terminating on October 18,2000.
4.2 The City shall have the option, at its sole discretion, to renew the Agreement subject
to the terms and conditions set forth herein, including the same costs to the City as
set forth herein, for one additional two (2) year term, said renewal term commencing
on October 19,2000, and ending on October 18,2002, 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 Representative: The employee or employees designated in writing by the
City Manager to represent the City in the administration and supervision of this
Agreement.
5.2 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, human blood, and human 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 animals.
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 water
soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick,
concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a construction or demolition
project, and including rocks, soils, tree remains, and other vegetative matter which
3
normally results from land clearing or land development operations for a construction
project.
5.7 Contractor: The person, firm, corporation, holding company, organization, agency,
or other entity with whom the City has executed this Agreement for performance of
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 garbage
and trash collected by Contractor.
5.9 Garbage: Every refuse accumulation generated from a residence or multiple dwelling
unit 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.
5.10 Garbage 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. Such
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.
5.11 Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of
its quantity, concentration, or physical, chemical, or infectious characteristics, may
cause, or significantly contribute to an increase in mortality or an increase in serious
4
irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly transported,
disposed of, stored, treated, or otherwise managed.
5.12 Household Furniture: All movable compactible articles or apparatus, such as chairs,
tables, sofas, mattresses, etc., for equipping a house.
5.13 Household Trash: Accumulations of paper, magazines, packaging, containers,
sweepings, and all other accumulations of a nature other than garbage or lawn trash,
which are usual to housekeeping and to the operation of stores, offices and other
business places. Household trash shall 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 by
manufacturing, food processing (except restaurants), land clearing, any commercial
shrubbery or tree cuttings, building construction or alteration (except do-it-yourself
projects) and public works type construction projects whether performed by a
government unit or by contract. Industrial wastes are not included in the scope of
this Agreement.
5.15 Infectious Waste: Those wastes which may cause disease or may reasonably be
suspected of harboring pathogenic organisms. Included are wastes which may
consist of, but are not limited to, diseased human and animal parts, contaminated
5
bandages, pathological specimens, hypodermic needles, contaminated clothing, and
surgical gloves.
5.16 Landfill: Any solid waste land disposal area for which a permit, other than a general
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.
5.17 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 5.10. Refuse which is collected from the ground is considered loose
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 Dwelling Units: Any building containing two (2) but not more than eight
(8) permanent living units, not including motels and hotels. Buildings containing
over eight (8) living units are classified as commercial accounts unless service of 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 furnished by
Contractor as required under the Agreement as a guarantee that Contractor will
execute the work in accordance with the terms set forth herein and will pay all lawful
claims.
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5.21 Recyclable Materials: Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
5.22 Recycling: Any process by which solid waste or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the
form of raw materials or products.
5.23 Residential Solid Waste: A mixture of garbage and tras}, resulting from the normal
housekeeping activities of a residence.
5.24 Residence (Single Family): A detached building designed for or occupied exclusively
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 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.
5.27 Remodeling and Home Repairs Trash: Materials accumulated by the homeowner 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 occupying
residential dwelling units within the designated area, who are not receiving
commercial service.
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5.29 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse and
other discarded material.
5.30 Solid Waste Disposal Facility: Any solid waste management facility which is the
final resting place for solid waste, including landfills and incineration facilities that
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, biological wastes, infectious waste, hazardous waste, loose refuse,
industrial wastes, and construction and demolition debris.
5.32 Specifications: Directions, provisions and requirements contained in the Request for
Proposals, together with any written contract made or to be made setting out or
relating to the methods and manner for the work to be carried out.
5.33 White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers,
small air conditioning units, and other similar domestic.
5.34 Yard Trash - Regular: 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 diameter. 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 of
normal yard maintenance which cannot be cut for placement in a container, bag, or
8
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 the Contractor 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 be
limited to carpeting, cabinets, dry wall, lumber, paneling, and other such construction
related materials. Carpeting will be picked up by the Contractor if cut to lengths of
six (6) feet or less and bundled. Bulk yard trash does not include automobiles and
automotive components, boats and internal combustion engines.
5.36 Special Pick-Up: Garden trash, tree and shrubbery trash, yard trash-bulk, white
goods, and any other household debris which is not ready to be picked up on the
scheduled bulk trash pick up day, or the second scheduled garbage pick up day per
week, can be picked up at the owner's/occupant's expense by calling Contractor for
a special pick up. Contractor 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 route
familiarization program in conjunction with the City to help route drivers become
aware of and familiar with the collection points currently being provided. This will
include a "hands-on effort" with drivers and key personnel becoming totally familiar
with City routes and points of service. The Contractor shall certify to the City in
9
writing that it IS completely prepared to assume collection, no later than
6.2 Comprehensive Notification: Contractor shall provide comprehensive notification to
all residential customers being provided service hereunder, including notice of start,
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 City
limits of Miami Beach, and as specifically set forth in RFP No. 53-97/99, dated May
5, 1998. 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, 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.
7.3 Protection of Adiacent Property and Utilities: Contractor shall conduct its 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 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 owner any breakage or damage caused by its operation.
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7.4 Spillage: 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 spillage
caused by Contractor, clean up of spillage shall occur within four (4) hours of notice
to Contractor from City 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 Contractor for the
pick-up, which the Contractor shall promptly pay. Notwithstanding the foregoing,
Contractor may refuse to collect any solid waste that has not been placed in a garbage
can or container, or tied and bundled, as provided herein. During hauling, all solid
waste shall be contained, tied, or enclosed so that leaking, spilling and blowing is
prevented.
7.5 Residential Collection Service: Contractor shall collect and dispose of all garbage,
yard trash and solid waste (except special waste as defined in subsection 5.31) from
all single family houses, multi-family units of eight (8) or fewer units under common
ownership, as identified for servicing by the City. The Contractor shall also remove
debris such as fallen branches from the swale areas during regular pick ups.
7.6 Frequency of Collection: Contractor shall collect solid waste from places of
residence within the Agreement collection area at least two (2) times per week, with
collections at least three (3) days apart. Contractor shall collect yard-regular trash
at curbside 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 cease
no later than 7:00 P.M. In the case of an emergency, collection may be permitted at
times not allowed by this subsection, provided Contractor has received prior approval
11
from the City Manager or his designee, to be later evidenced by a written
memorandum confirming the approval. Should the Contractor not confirm and
obtain in the approval and operate on an emergency basis, it shall be conclusively
presumed that Contractor had not obtained such approval.
7.8 Point of Pickup of Residential Garba~e: 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 from
residential units which have been properly prepared and stored for collection as
follows: all garbage, trash and rubbish shall be placed in a garbage can or in such
other plastic disposal bag and shall be placed at curbside on or at such other single
collection point as may be agreed upon by the Contractor and the customer. Usual
household trash shall either be placed in containers where it shall be collected in the
same manner as garbage at curbside. Non-containerized trash shall be collected
providing that it does not exceed four (4) feet in length nor be greater than fifty (50)
pounds in weight for any piece or segment of such materials.
7.10 Method of Collection of Residential Garba~e: Contractor shall make collections with
a minimum of noise and disturbance to the residential customer and the
neighborhood. Any garbage or trash spilled by Contfactor shall be picked up
immediately by Contractor. Garbage receptacles shall be handled carefully by
Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied
and then left at the proper point of collection. Metal cans shall be replaced upright
with covers securely and properly in place, or can be inverted with covers placed
12
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 type receptacle
found in a rack, cart or enclosure of any kind shall be turned upright in such rack, cart
or enclosure of any kind and lids shall be placed securely on top of said receptacles.
In the event of damage caused by Contractor to garbage receptacles, other than
normal wear and tear, Contractor shall be responsible for the timely repair or
replacement of said receptacles within seven (7) days of receiving a complaint from
the residential customer.
7.11 Schedules and Routes: Contractor shall provide the City with schedules for all
collection routes and keep such information current at all times. If any change in the
collection routes occurs, then 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 ofthe City Manager or his designee. Upon approval by the City Manager,
Contractor shall publish notice in a newspaper of general circulation in Miami-Dade
County, at least seven (7) days prior to the effective date, of such route or schedule
change. The cost of publication shall be borne solely by Contractor. The City
reserves the right to deny Contractor's vehicles access to certain streets, alleys and
public ways inside the City in route to the disposal site where it is in the interest of
the City to do so because of the condition ofthe streets or bridges. The City shall not
interrupt the regular schedule or quality of service because of street closure less than
eight (8) hours in duration. The City shall notify Contractor of street closures of
longer duration, and arrangements for service will be made in a manner satisfactory
13
to Contractor and City. Customers under the Agreement shall receive reasonable
notification of the schedules prior to commencement of service. Such notification,
material, methods, and frequency of delivery shall be approved by the City. Only
local truck routes shall be used in transit, unless specifically for the purpose of
collection.
7.12 Storm Debris Cleanup: "Storm Debris Cleanup" as used herein shall mean pickup,
hauling, and disposal of debris caused by a storm, including, but not limited, to a
hurricane. In case of such a storm, the City Manager or his designee may grant
Contractor a reasonable variance from regular schedules and routes. As soon as
practical after such storm, Contractor shall advise the City Manager and the
customers of the estimated time required before regular schedules and routes can be
resumed. Upon receipt of Notice to Proceed from the City, Contractor shall
commence Storm Debris Cleanup on a priority basis, for the efficient and rapid
cleanup of the City. Such notice to proceed shall be titled "Notice to Proceed for
Storm Debris Cleanup" and shall describe the areas, types of debris, and estimated
amounts of debris to be cleaned up. The City may, at its sole discretion, issue to
Contractor scope increases for each Notice to Proceed for Storm Debris Cleanup.
Contractor shall utilize, at its sole discretion, some or all of the following types of
equipment in order to perform Storm Debris Cleanup:
a) wheeled pay loader
b) grapple-equipped backhoe
c) dump body truck
d) transfer tractor-trailer
e) trailer-mounted grinder
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f) trailer-mounted screen.
The City and Contractor shall mutually agree on a timetable for performing Storm
Debris Cleanup. The City shall pay Contractor for performing Storm Debris Cleanup
within 15 (fifteen) calendar days after the end of each calendar month after which
Storm Debris Cleanup work is performed. The City shall pay Contractor an amount
equal to Contractor's costs for labor, equipment, subcontracts, disposal, and other
costs associated with performance of Storm Debris Cleanup plus 15% of said costs.
For example, if said costs of performing Storm Debris Cleanup within a given
calendar month are $10,000.00, the City shall pay to Contractor the sum of
$11,500.00 for performing such work. Contractor shall provide documentation to the
City in order to allow the City to verify Contractor's costs of performing Storm
Debris Cleanup. The City's payment to Contractor for accomplishing Storm Debris
Cleanup shall be in addition to any other compensation which may be due from the
City to Contractor.
7.13 Force Maieure: The performance of any act by the City or Contractor hereunder may
be delayed or suspended at any time while, but only so long as, either party is
hindered in or prevented from performance by acts of God, the elements, war,
rebellion, strikes, lockouts or any other cause beyond the reasonable control of such
party; provided, however, that ifthe hindrance of prevention of performance exceeds
a period of thirty (30) days, the City may at its sole option and discretion, cancel or
renegotiate this Agreement.
15
7.14 Collection Equipment: Contractor shall have on hand at all times and in good
working order such equipment as shall permit Contractor to adequately and
efficiently perform its contractual duties. Equipment shall be obtained from
nationally known and recognized manufacturers of garbage collection and disposal
equipment. For residential collections, equipment shall be of the enclosed loader
packer type, and all equipment shall be kept in good repair, appearance, and in a
reasonably sanitary and clean condition at all times. Contractor shall have available
reserve equipment which can be put into service within two (2) hours of any
breakdown. Such reserve equipment shall correspond in size and capacity to the
equipment used by Contractor to perform the contractual duties. A list of
Contractor's equipment shall be given to the City annually (Exhibit A - List of
Equipment). Equipment is to be painted uniformly with the name of Contractor,
business telephone number and the number of the vehicle in letters not less than five
(5) inches high on each side of the vehicle. All vehicles shall be numbered and a
record kept of the vehicle as to which each number is assigned. No advertising shall
be permitted on vehicles, except for events approved between City and Contractor,
except of events sponsored by the City.
7.15 Refuse Quantities: Contractor represents and warrants that it has reviewed the City's
collection records and understands that at certain times during the year, the quantity
of refuse to be disposed of is materially increased by the influx of visitors.
Contractor agrees that seasonal fluctuation will not be justification for Contractor to
16
fail to maintain the required collection schedules and routes or to justify a rate
Increase.
7.16 Disposal at a Solid Waste Disposal Facility: Contractor hereby represents and
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 facility as
defined herein. In the event Contractor relocates solid waste collected hereunder
from an existing solid waste disposal facility to another, other than a temporary basis,
it will notify City in writing within ten (10) days, and Contractor shall also, within
said ten (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 homes,
multi-family units of eight (8) or fewer units under common ownership, as identified
for servicing by the City.
8.2 Point of Pickup of Yard Trash: Collection of yard trash shall be at curbside.
8.3 Frequency of Collection: Contractor shall pick up all yard-regular trash as defined
herein from residences and multi-family units of eight (8) or fewer units within the
service area at least once a week, on the second scheduled pick-up day of each week.
White goods and bulk items shall be collected on a pre-arranged special pick-up
basis. Contractor shall 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 cease
no later than 7:00 P.M., provided that in the event of an emergency or unforeseen
17
circumstances, collection may be permitted at a time not allowed by this subsection,
following approval by the City Manager.
8.5 Preparation of Yard Trash for Collection: The Contractor shall pick up all yard trash
generated from residential units and multi-family units of eight (8) or fewer units
which has been properly prepared and stored for collection as follows:
Garden and Yard Trash - Regular placed adjacent to the pavement or traveled way
of the street in containers or bundles less than fifty (50) pounds each with no
dimension over four (4) feet each, or limbs/branches not greater than four (4) inches
in diameter, shall be collected at least one day per week. Palm fronds and bulky tree
debris from trees on the swales, in accordance with the dimensions set forth above,
shall be picked up as is. Non-containerized Yard Trash-Regular and Yard Trash-
Bulk will be collected by the Contractor on a scheduled basis at no additional charge.
Such service shall be provided at least six times per year (every other month). In the
event of a dispute between Contractor and a customer as to what constitutes Yard
Trash-Bulk, the situation will be reviewed and decided by the City Manager and his
designee whose decision will be final.
8.6 Method of Collection of Yard Trash: The Contractor shall make collections with a
minimum of noise and disturbance to the householder. Any yard trash spilled by the
Contractor shall be picked up immediately by the Contractor. Garbage receptacles
shall be handled carefully by the Contractor, shall not be bent or otherwise abused,
and shall be thoroughly emptied and then left at the proper point of collection. Metal
cans shall be replaced upright with covers securely and properly in place, or can be
18
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 type receptacle found in a rack, cart or enclosure of any kind shall
be turned upright to such rack, cart or enclosure, and lids shall be placed securely and
properly on the top of said receptacles.
8.7 Equipment: The Contractor shall have on hand at all times and in good working order
such equipment as shall permit the Contractor adequately and efficiently to perform
its contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of garbage collection and disposal equipment. Collection
vehicles shall be of the enclosed loader packer type or other vehicle designed to
allow for efficient collection of yard trash. The equipment shall be kept in good
repair, appearance, and in a sanitary and clean condition at all times. All replacement
and additional vehicles shall be new equipment unless otherwise agreed by the City.
The Contractor shall have available reserve equipment which can be put into service
within two (2) hours of any breakdown. Such reserve equipment shall correspond
in size and capacity to the equipment used by the Contractor to perform the
contractual duties. A list of the Contractor's equipment shall be given to the City at
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 names
of these persons to the City. Information regarding the person's experience and
19
qualifications shall also be furnished. Supervisory personnel must be available for
consultation with the City Manager or his designee and/or customers within a
reasonable, practicable time after notification of a request for such consultation. The
supervisor(s) shall operate a vehicle which is radio equipped.
9.2 Conduct of Employees: Contractor shall see to it that its employees serve the public
in a courteous, helpful and impartial manner. Contractor's collection employees will
be required to follow the regular walk for pedestrians while on private property. No
trespassing by employees will be permitted, nor crossing property of neighboring
premises unless residents or owners of both such properties shall have given
permission in writing. Care shall be taken to prevent damage to property including
cans, carts, racks, trees, shrubs, flowers and other plants.
9.3 Employee Uniform Re~ulations: Contractor's solid waste collection employees shall
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 \12") 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. Contractor shall keep a record of employees' names, numbers and route
assignments in a manner to allow identification of employees at all times. Contractor
shall provide its then current employee list to City within twenty-four (24) hours of
written notice form the City.
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9.4 Compliance with State. Federal and Municipal Law: Contractor shall comply with
all applicable City, State and Federal laws relating to wages, hours, and all other
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 execution of
this Agreement, to pay all employees not less than the Federal minimum wage and
to abide by other requirements as established by the Congress of the United States
in the Fair Labor Standard Act as amended from time to time.
9.6 Each vehicle operator shall, at all times, carry a valid driver'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 Contractor shall, wherever possible, employ its personnel from residents of the City.
9.9 No person shall be denied employment by Contractor for reasons of race, sex,
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 close
proximity to Miami-Dade County, open between 8:00 A.M. and 5:00 P.M., Monday
through Friday, with a telephone number dedicated solely for Miami Beach residents
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. The office shall include
21
recording equipment for receipt and logging of off-hours calls. Said calls to be
responded to the following working day.
10.2 Notification to Customers: The Contractor shall notify all customers, in writing,
about complaint procedures, rates, regulations, and the days of collection and
procedures for special pick-ups, including white goods and bulk items.
11. PAYMENT AND BILLING.
11.1 Compensation: The City shall pay Contractor compensation for the performance of
this Agreement, the sums due based on the unit prices submitted in Contractor's
response to RFP No. 53-97/99 dated May 5, 1998, subject to any conditions or
deductions as provided herein. Contractor's Unit Price Schedule for solid waste and
yard trash collection shall include disposal costs and all costs for services to be
provided herein, except where additional fees, increases or services are specifically
provided herein. Contractor shall submit an invoice by the 10th of each month for
services rendered during the preceding month, and payments will be made to
Contractor on or before the 20th day of each calendar month upon verification of the
invoice submitted.
11.2 Billinli: Procedures: On the first day of each month the contract payment(s) for
Residential Solid Waste Collection and Yard Trash Collection shall be adjusted to
correspond with the occupancy of existing or new buildings and the demolition of old
buildings. The adjustment made on the first day of each month shall be for buildings
either occupied or demolished during the second month preceding the adjustment;
for example, any change which is made on June 1 of any year will be for buildings
22
occupied or demolished in April of the subject year. Any existing unit shall be
considered unoccupied whenever the City has temporarily terminated water service,
at the customer's request only. Any new unit shall be considered to be occupied
when a certificate of occupancy has been issued and water service has been provided
to the unit's occupant(s). Proof of demolition shall be demolition permits issued by
the Building Department. The Contract adjustments will be based on unit costs
included in the Contractor's original bid. The City will notify the Contractor of any
existing unit that is considered unoccupied and of any new unit that is considered to
be occupied.
11.3 Adjustments in Disposal Costs: The parties acknowledge that the contract is based
on the current Miami-Dade County Tipping Fee at time of award. However, it is
recognized that, from time to time, the actual cost charged to the Contractor by a
disposal agency 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 City
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 of
disposal cost. Decreases in disposal costs shall be cause for a like decrease in
contract price.
11.4 Unusual Changes or Costs: Contractor may petition the City for rate adjustments at
reasonable times on the basis of unusual changes in its cost of doing business, such
as revised laws, ordinances or regulations, or changes in location of disposal sites,
and such requests shall not be unreasonably refused. Prior to allowing any increase,
23
the Contractor must submit all records and information reasonably requested by the
City as would support the requested increase, which request shall be submitted to the
City of Miami Beach Commission for its consideration. Any of the aforesaid
changes or any other conditions which occur that substantially reduce Contractor's
cost shall entitle the City to receive a unit rate decrease in proportion to the decrease
in Contractor's cost.
11.5 CONSUMER PRICE INDEX.
Beginning on the anniversary date of this Agreement and upon each anniversary
thereafter, the compensation paid from the City to the Contractor pursuant to the
Agreement shall be adjusted, upwards or downwards, as the case may be, by the
percent increase or decrease, since the date of the last annual adjustment, in the
Consumer Price Index for Consumers (all items), Southeast United States, as
published by the United States Department of Labor, Bureau of Labor Statistics.
which adjustment shall not exceed 5 percent (5%) per year.
12. CONTRACT PERFORMANCE.
12.1 Contractor's performance pursuant to this Agreement shall be supervised by the City
Manager or his designee. If at any time during the life of the Agreement,
performance is considered unsatisfactory by the City Manager or his designee,
Contractor shall immediately take all steps necessary and procedures to properly
perform under the Agreement, including but not limited to increasing the workforce,
tools and equipment as needed to properly perform this Agreement. The failure of
the City Manager or his designee to give such notification shall not relieve
24
Contractor of its obligation to perform the work at the time and in the manner
specified by the Agreement
12.2 Contractor shall furnish the City Manager or his designee any information relating
to the Agreement to ascertain whether or not the work, as performed, is in accordance
with the requirements of the Agreement.
12.3 The City Manager may appoint qualified persons to inspect Contractor's operation
and equipment at any reasonable time, and Contractor shall admit authorized
representatives ofthe City to make such inspections at any reasonable time and place.
12.4 The failure of the City at any time to require performance by Contractor of any
provision thereof 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 hereof taken or held
to be a waiver of any breach of such provision or as a waiver of any provision itself.
13. COOPERATION/COORDINATION.
13.1 The City and its authorized representatives shall at all reasonable times be permitted
free access and every reasonable facility for the inspection of all work, equipment
and facilities of Contractor.
13.2 Contractor 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. Contractor shall have at all times a competent and reliable English
speaking representative on duty authorized to receive orders and to act for Contractor
in the case of its absence.
25
14. COMPLAINTS AND COMPLAINT RESOLUTION.
14.1 Complaints: Contractor shall prepare, in accordance with the format approved by the
City, 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. (See Exhibit B for Complaint Register
Format). 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 resolved not later than the next working day. A monthly listing
of all the complaints filed and of their disposition shall be mailed monthly to the City
Manager or his designee, no later than five (5) working days after the end of each
month. Legitimacy of challenged complaints shall be determined on the basis of a
joint inspection by the City Manager and a representative of Contractor. Disputes
shall be referred to the City Manager or his designee, whose decision shall be final.
14.2 Complaint Resolution: The following events shall be considered Events of Default
for the purposes of subsection 19 of the Agreement:
1) Complaints in any calendar month III excess of 0.25% of the
residential customers serviced per month.
2) Not resolving complaints of missed services within twenty-four (24)
hours six (6) times in any calendar month.
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3) Not meeting the criteria established in a response approved by the
City Manager for handling customer complaints; said process to be
submitted within one (1) week of the City Commission approval of
this Agreement.
14.3 Dispute about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractor with regard to the collection of certain items due to
disputes over the specific language of the Agreement. The City Manager may from
time to time notify Contractor by telephone and/or facsimile to remove all such
refuse. Should Contractor fail to remove the refuse within twenty-four (24) hours
from time of notification, the City may do so, and all costs incurred by the City shall
be deducted from compensation due Contractor. Notice ofthe amount deducted shall
be given to Contractor. If it is determined that the disputed refuse did not conform
to the specifications of this Agreement, the Contractor shall be entitled to
reimbursement of the deduction.
15. SUBCONTRACTORS.
Subcontractors will not be permitted under the terms of this Agreement without the prior
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 parties
and prior to the commencement of the services under the Agreement, furnish to the
City a Performance Bond in the penal sum as stated below for the payment of which
27
Contractor shall bind itself for the faithful performance of the terms and conditions
of this Agreement:
Said performance bond will be fifty percent (50%) of the Agreement amount, as
calculated in Contractor's response to RFP No. 53-97/99, dated May 5, 1998, and as
adjusted annually on the anniversary date ofthe Agreement.
16.2 Form of Bond: The form of the Performance Bond shall be as set forth in RFP No.
53-97/99, dated May 5, 1998, and shall continue in full force and effect throughout
the term of this Agreement, and any extensions thereof.
16.3 Qualification of Surety: The Performance Bond must be executed by a Surety
Company of recognized standing, authorized to do business in the State of Florida
and having a resident agent in Miami-Dade County. The Surety Company shall hold
a current Certificate of Authority as acceptable surety on Federal Bonds, in
accordance with U.S. Department of Treasury Circular 570, in Current Revision.
The Performance Bond will not be accepted unless it is within the limits set forth in
the 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 force
and effect, at its sole cost, the insurance and indemnity provisions set forth in RFP
No. 53-97/99, dated May 5, 1998.
18. DAMAGE TO OR DESTRUCTION OF EQUIPMENT.
If any item of equipment is damaged, destroyed, or stolen by an event which is covered by
insurance, Contractor will utilize the insurance proceeds to repair or replace said equipment.
28
If the insurance proceeds are insufficient or the equipment has been damaged or destroyed
by an uninsured casualty, Contractor shall invest the additional funds needed to repair or
replace the equipment.
19. EVENTS OF DEFAULT BY CONTRACTOR
Each of the following events or conditions shall constitute an event of default by Contractor:
a) Any material failure by Contractor to perform or comply with the terms and
conditions of this Agreement, including the failure of Contractor to meet the
standards of performance as defined in Section 12 herein, and said failure
continues for thirty (30) days after Notice to Contractor demanding that such
failure be cured.
b) Filing by or against Contractor or the Performance Bond surety of a
bankruptcy, receivership, assignment for the benefit of creditors, liquidation,
dissolution, composition or reorganization petition, or other insolvency
proceeding.
c) If the services under the Agreement shall be vacated or abandoned by
Contractor during the term of this Agreement for a period of seven (7) days
or more.
d) Any representation or warranty furnished by Contractor in this Agreement 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 subsection
14.3.
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20. REMEDIES UPON DEF AUL T 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 Agreement by
delivery of a Notice declaring termination (which shall become effective
upon receipt by Contractor), whereupon Contractor shall, at its sole cost,
remove the equipment.
b) Seek recovery on the Performance Bond.
c) Exercise all remedies available at law or at equity or other appropriate
proceedings including bringing an action or actions from time to time for
recovery of amounts due and owing to the City, and/or for damages which
shall include all costs and expenses reasonably incurred in exercise of its
remedy, and/or for specific performance.
21. TERMINATION FOR CONVENIENCE BY THE CITY
21.1 THE CITY COMMISSION OF THE CITY, IN ADDITION TO THE RIGHTS AND
OPTIONS TO TERMINATE SET FORTH IN SECTIONS 19 AND 20, OR IN ANY
OTHER PROVISIONS SET FORTH IN THIS AGREEMENT, RETAINS THE
RIGHT TO TERMINATE THIS AGREEMENT AT ITS SOLE OPTION AT ANY
TIME FOR CONVENIENCE DURING THE PERIOD WHICH FOLLOWS
NINETY (90) DAYS FROM THE COMMENCEMENT OF WORK HEREUNDER,
AND CONTINUING UNTIL SEPTEMBER 19, 1999, WITHOUT CAUSE AND
WITHOUT PENALTY, WHEN IN ITS SOLE DISCRETION IT DEEMS SUCH
TERMINATION IS IN THE BEST INTEREST OF THE CITY.
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21.2 Said termination for convenience shall become effective thirty (30) days following
receipt by Contractor of a written termination notice. In that event, the City shall
compensate Contractor in accordance with the Agreement for all services actually
performed by Contractor. Such payment shall be the total extent of the City's
liability to Contractor upon a termination as provided in this Section.
22. VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is
necessary by either party with respect to the enforcement of any and all the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
23. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's maximum liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
a maximum of two hundred thousand ($200,000.00) dollars. Contractor hereby expresses
its willingness to enter into this Agreement with recovery from the City for any damage
action for breach of contract to be its actual damages but in not event to exceed a maximum
two hundred thousand ($200,000.00) dollars. Accordingly, and notwithstanding any other
term or condition of this Agreement, Contractor hereby agrees that the City shall not be
liable to Contractor for damages in an amount in excess of two hundred thousand
($200,000.00) dollars pursuant to this Agreement, for any action or claim for breach of
contract arising out ofthe performance or non-performance of any obligations imposed upon
31
the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Statutes, Section 768.28.
24. REPRESENTATION AND WARRANTIES OF CONTRACTOR
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 have been duly
authorized by, or is in accordance with, its organic instruments, this
Agreement has been duly executed and delivered for it by the signatories so
authorized, and it constitutes its legal, valid and binding obligations.
c) Its execution, delivery, and performance of this Agreement will not result in
a breach of violation of, or constitute a default under, any agreement, lease
or instrument to which it is a party or by which it or its properties may be
bound or affected.
d) It has not received any notice, nor to the best of its knowledge is there
pending or threatening any notice, or any violation of any applicable laws,
ordinances, regulations, rules, decrees, awards, permits or orders which
would materially adversely affect its ability to perform hereunder.
32
e) It has, or will have under its control at the date of commencement of services
under this Agreement, all equipment, machinery, manpower and solid waste
disposal facility necessary to perform under the Agreement.
25. APPLICABLE LAW.
This Agreement and the construction and enforceability thereof shall be interpreted under
the laws of the State of Florida.
26. COMPLIANCE WITH LAW AND STANDARD PRACTICES.
Contractor shall perform its obligations hereunder in compliance with any and all applicable
Federal, State, and Local laws, rules, and regulations, in accordance with sound engineering
and safety practices, and in compliance with any and all rules of the City relative to the
service. Contractor shall be responsible for obtaining all governmental permits, consents,
and authorizations as may be required to perform its obligations hereunder prior to beginning
of providing service.
27 . TAXES. LIENS AND FEES.
At all times during the existence of this Agreement, Contractor shall pay on or before the due
date all taxes, fees, and assessments which may be levied upon or in respect of the
equipment, or its operation, including but not limited to commercial personal property taxes,
sales taxes, and intangible taxes, and Contractor shall pay on or before the due date any other
charge of any character which may be imposed or incurred by any public authority as an
incident to title to, ownership of, or operation of the equipment. In the event that any lien
or encumbrance of any nature relating to Contractor's equipment or the operation of
33
maintenance thereof is filed upon the City, Contractor shall have thirty (30) days from the
date of written notice by City to have such lien or encumbrance bonded off or discharged.
28. NOTICES AND CHANGES OF ADDRESSES.
All "Notices" to be given by either party to the other shall be in writing and must be either
delivered or mailed by registered or certified mail, return receipt requested, addresses as
follows:
To City:
CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: RONNIE SINGER, EXECUTIVE ASST. TO THE
CITY MANAGER
WITH A COpy TO:
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MURRAYH. DUBBIN, CITY ATTORNEY
To Contractor:
ONYX FLORIDA, LLC
3225 AVIATION AVENUE, 4TH FLOOR
MIAMI, FLORIDA 33133
ATTENTION: LEN ENRIQUEZ
WITH A COPY TO:
FREDRIC SKOPP, GENERAL COUNSEL
or such other addresses as either party may hereinafter designate by a Notice to the other.
Notices are deemed delivered or given and become effective upon mailing if mailed as
aforesaid and upon actual receipt if otherwise delivered.
34
29. NO WAIVER.
The failure of Contractor or the City to insist upon the strict performance of the terms and
conditions hereof shall not constitute or be construed as a waiver or relinquishment of either
party's rights to thereafter enforce the same in accordance with this Agreement in the event
of 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 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.
31. ASSIGNMENT.
The selection of Contractor as the service provider under this Agreement is based upon its
experience, capability financial ability to perform the work. Contractor shall not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the
prior written consent of the City.
32. COMPLETE AGREEMENT.
This Agreement, when executed, together with all Exhibits attached hereto as provided for
by this Agreement, shall constitute the entire Agreement between both parties and this
Agreement may not be amended, modified or terminated except by writing signed by the
parties hereto.
33. RFP AND AGREEMENT INCORPORATED BY REFERENCE.
RFP No. 53-97/99, dated May 5, 1998, together with all amendments thereto, and
Contractor's proposal in response thereto are hereby incorporated by reference into this
35
Agreement. In construing the rights and obligations between the parties, the order of priority
in case of conflict between the documents shall be as follows:
(1) This Agreement
(2) The other Exhibits to this Agreement.
(3) RFP No. 53-97/99, together with all amendments thereto.
(4) Contractor's proposal in response to RFP No. 53-97/99.
34. FURTHER DOCUMENTS.
The parties shall execute and deliver all documents and perform all further acts that may be
reasonably necessary to effectuate the provisions of this Agreement.
35. INDEPENDENT PARTIES.
Nothing contained in this Agreement shall be deemed or construed for any purpose to
establish, between City and Contractor, a partnership or venture, a principal agent
relationship, or any relationship other than property owner and independent contractor.
36. TIME OF THE ESSENCE.
Time is of the essence with respect to each and every term and condition of this Agreement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
36
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:
WITNESS:
~~.--J
AAlQ,ltt lOA..~~~
Print Name
ONYX FLORIDA, LLC
/
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Leonard N. Enriquez, General Manager
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Signature
M 11 It... /' F - M A J2.. THE :r E 1<0,(16'
Print Name
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City Clerk
CITY OF 1JIJ).I BEACH
Neisen Kasdin, Mayor
RJA\kw(f:\ATm\AOUR\AGRl'.E~Nl\PROf.SV(,\GARBC()!.L.ONX)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTlON
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ity Aitomev 0
37
UExhlblt Art to the Service Agreement
Setween the City of Miami Seach and ONYX Florida, LLC
For
City of Miami Beach R.sldential Solid Waste Collection
..
and
Yard Trash Collection
Equipment List:
· 31 Cubic Yard Rear Loader Packer Trucks (3)
. Operations Pick Up Truck (1)
...
. rJ.Q( ~t "
'.:. l 1"
ql11 "j)
Exhibit B .
ONYX FLORIDA LLC
City of Miami Beach Residential Waste Collection
Customer Complaint Register
I Received Date
IReceiVed Time
Customer
Name
I
Address
Telephone Day
Telephone Night
I Reported by
~
Complaint
Service Type
c:JGarbage Back or Side Yard
c:JGarbage Curbside
c::JYard Waste
c::JBUlky Waste
Complaint Description
Complaint Resolution
Action Taken
Date Resolved: ITme Resolved: lCOnfirmed By:
I Has Customer Been Contacted?
B~:s
.
Preventive Action Taken
To be INIIed to The CIty ofMlllml Buch
No umr TMn 5 WOItIIng ClIp Aterthe End of EecIl ManIl
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f'"-c. 1\1j~
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