Resolution 2019-31056 RESOLUTION: 2019-31056
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 90-230(B)
OF THE CITY CODE AND CITY COMMISSION RESOLUTION NO. 2019-30982,
(1) THE RENEWAL OF THE CITY'S NON-EXCLUSIVE FRANCHISE WASTE
CONTRACTOR AGREEMENTS, WITH, RESPECTIVELY, WASTE
MANAGEMENT INC. OF FLORIDA, AND WASTE CONNECTIONS OF
FLORIDA, INC. (F/K/A PROGRESSIVE WASTE SOLUTIONS OF FL, INC.) (THE
"FRANCHISE WASTE CONTRACTORS"), FOR A PERIOD OF THREE (3)
YEARS, COMMENCING AS OF OCTOBER 1, 2019 AND EXPIRING ON
SEPTEMBER 30, 2022; AND (2) A SERVICE AGREEMENT BETWEEN THE
CITY AND THE FRANCHISE WASTE CONTRACTORS, FOR ADDITIONAL
SERVICES TO BE PROVIDED TO THE CITY, INCLUDING RECYCLING
SERVICES, FOR A PERIOD OF THREE (3) YEARS, COMMENCING AS OF
OCTOBER 1,2019 AND EXPIRING ON SEPTEMBER 30, 2022; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FOREGOING AGREEMENTS WITH THE CITY'S FRANCHISE WASTE
CONTRACTORS.
WHEREAS, in 2013, the City issued a Request for Qualifications (RFQ)for a franchise
for waste haulers;.and
WHEREAS, pursuant to Resolution No. 2014-28681, the City entered into a Non-
Exclusive Franchise Waste Contractor Agreement with (1) Waste Management Inc. of Florida,
and (2) Waste Connections of Florida, Inc. (f/k/a Progressive Waste Solutions of FI, Inc.) (the
"Franchise Waste Contractors") and further, the City entered into a separate Service Agreement
with the Franchise Waste Contractors for municipal solid waste and recycling services; and
WHEREAS, the City's Non-Exclusive Franchise Waste Contractor Agreements, and the
related Service Agreement, had an initial term of five (5) years, effective as of October 1, 2014,
and contemplated a renewal term, at the City's option, of up to three (3) years; and
WHEREAS, on July 31, 2019, the Finance and Citywide Projects Committee (FCWPC)
discussed the renewal, and recommended that the item be forwarded to the City Commission for
its consideration; and
WHEREAS, on July 31, 2019, the FCWPC further recommended that the City
Commission increase the franchise fee set forth in Section 90-221 of the City Code, from the
current franchise fee of eighteen percent (18%) to twenty percent (20%) of the franchisee's
monthly gross revenues; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30981, pursuant to Section 90-221 of the City Code, increasing the franchise fee paid
to the City by each Contractor, from eighteen percent (18%) of the Contractor's monthly gross
receipts, to twenty percent(20%) of the Contractor's monthly gross receipts, effective October 1,
2019; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30982, extending the existing Franchise Agreements on a month-to-month basis for a
maximum period of six (6) months, and providing that the renewal of the Franchise Agreement
for the remainder of the three (3) year renewal term provided under Section 90-230(b) of the City
Code, shall be subject to negotiation of mutually acceptable terms for a new Service Agreement,
with additional public benefits to be provided to the City; and
WHEREAS, the Administration recommends approval of the negotiated terms for a new
Service Agreement, with additional benefits to be provided to the City, in connection with the
simultaneous extension of the Franchise Agreements for the three (3) year renewal of the
Franchise Agreement provided under Section 90-230(b) of the City Code, with such renewal
effective as of October 1, 2019; and
WHEREAS, the form of the Non-Exclusive Franchise Waste Contractor Agreements and
the new Service Agreement, are attached as an exhibit to this Resolution.
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 hereby approve, pursuant to Section 90-230(b) of the City Code and City
Commission Resolution No. 2019-30982, (1) the renewal of the City's Non-Exclusive Franchise
Waste Contractor Agreements, with, respectively, Waste Management Inc. of Florida, and Waste
Connections of Florida, Inc. (f/k/a Progressive Waste Solutions of FL, Inc. (the "Franchise Waste
Contractors"), for a period of three (3) years, commencing as of October 1, 2019 and expiring on
September 30, 2022; and (2) a Service Agreement between the City and the Franchise Waste
Contractors, for additional services to be provided to the City, including recycling services, for a
period of three (3) years, commencing as of October 1, 2019 and expiring on September 30,
2022; and further authorizing the Mayor and City Clerk to execute the foregoing agreements with
the City's Franchise Waste Contractors.
PASSED and ADOPTED this 16th day of October, 20 '0
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Ra ael E. Granado, City Clerk
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Resolutions -R7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 90-
230(B) OF THE CITY CODE AND CITY COMMISSION RESOLUTION NO.
2019-30982, (1) THE RENEWAL OF THE CITY'S NON-EXCLUSIVE
FRANCHISE WASTE CONTRACTOR AGREEMENTS, WITH,
RESPECTIVELY, WASTE MANAGEMENT INC. OF FLORIDA,AND WASTE
CONNECTIONS OF FLORIDA, INC. (F/K/A PROGRESSIVE WASTE
SOLUTIONS OF FL, INC.) (THE "FRANCHISE WASTE CONTRACTORS"),
FOR A PERIOD OF THREE (3) YEARS, COMMENCING AS OF OCTOBER
1, 2019 AND EXPIRING ON SEPTEMBER 30, 2022; AND (2) A SERVICE
AGREEMENT BETWEEN THE CITY AND THE FRANCHISE WASTE
CONTRACTORS, FOR ADDITIONAL SERVICES TO BE PROVIDED TO
THE CITY; INCLUDING RECYCLING SERVICES, FOR A. PERIOD OF
THREE (3) YEARS, COMMENCING AS OF OCTOBER 1, 2019 AND
EXPIRING ON SEPTEMBER 30, 2022;AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FOREGOING
AGREEMENTS WITH THE CITY'S FRANCHISE WASTE CONTRACTORS.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
The City of Miami Beach has two Franchise Agreements with Waste Connections of Florida,
Inc., ("Progressive") and Waste Management Inc. of Florida ("Waste Management") for waste
collection, disposal, and recycling services.
The purpose of the Franchise Agreement is to ensure that high quality service is provided for
both waste and recycling. There is a franchise fee which has been recently increased to twenty
percent(20%)of the contractor's gross revenues.
ANALYSIS
The existing agreement with the franchise haulers expired on September 30, 2019. Prior to the
expiration of the initial term of the Franchise Agreement, the City Commission at its September
11, 2019 meeting, approved Resolution 2019-30982 to extend the City's existing Non-exclusive
Page 2616 of 2900
Franchise Waste Contractor Agreement and Service Agreement with both Waste Management
Inc. of Florida and Waste Connections of Florida, Inc., on a month-to-month basis,
. commencing on October 1, 2019, for a period not-to-exceed six (6) months (allowing the
Administration to enter into negotiations with the franchise haulers);to execute an amendment to
the foregoing agreements; to memorialize the foregoing extension and to increase the City's
franchise fee. The City Commission made a motion to adopt Resolution No. 2019-30982,
allowing Public Works to negotiate the Franchise Hauler Agreements and to come back at a
future date.
Public Works has negotiated with the contractors and the agreements have been revised.
The Non-exclusive Franchise Waste Contractor Agreement has been revised to extend the
existing term by the three (3) years renewal option originally envisioned when the agreement
was entered into, as well as provided forin Section 90-230(b) of the City Code, and reference
the increase in the franchise fee.
The Service Agreement has been revised to include the following:
1) Increase the number of hazardous materials collection from twice per year to four times per
year by increasing the funding provided from$30,000 to$60,000 annually.
2) Increase the amount from 1 1/2 percent to 2 percent of gross receipts to be utilized for
sustainable initiatives.
3) Increase the financial contribution from$75,000 to $90,000 to support educational programs.
4) Include language that allows for the annual review and analysis of implementing of
appropriate new, innovative or more environmentally friendly technologies.
5) Provide for monthly GPS monitoring and reporting of collection equipment operating within
the City limits.
6) Enhancingthe identification requirement of recycling containers and provide for annual audits
to determine contamination rates.
7) Updated list of facilities receiving collection service.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Public Works
Page 2617 of 2900
ATTACHMENTS:
Description
u Progressive_Waste_Solutions
Waste_Management_Inc.
D Resolution 2019-30981
D Resolution 2019-30982
D Final Waste Hauler Service Agreement 10 09 19v2
D Franchise Hauler. RESO 10 09 19v2FINAL DRAFT
o RESO
Page 2618 of 2900
NON-EXCLUSIVE FRANCHISE WASTE CONTRACTOR AGREEMENT BETWEEN
CITY OF MIAMI BEACH,FLORIDA(CITY)
AND
WASTE CONNECTIONS OF FLORIDA,INC. (f/k/a PROGRESSIVE WASTE
SOLUTIONS OF FL,INC.) (FRANCHISEE)
FOR
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL FOR
MULTIFAMILY RESIDENCES WITH NINE (9) OR MORE UNITS; COMMERCIAL
SOLID WASTE COLLECTION AND DISPOSAL; AS WELL AS FOR RECYCLING
SERVICES FOR MULTI-FAMILY RESIDENCES WITH TWO(2)OR MORE UNITS;
AND FOR
COMMERCIAL PROPERTIES IN THE CITY OF MIAMI BEACH,FLORIDA.
RECITALS
The City of Miami Beach, Florida, does hereby fmd, determine and declare as follows:
(a) That it is in the public interest to ensure that all areas within the City limits
are adequately provided with high-quality solid waste collection and
disposal service; and
(b) That it is in the public interest to retain regulatory authority over solid waste
collection and disposal, to the extent allowed by law, because of the
overriding public health, safety and welfare considerations associated with
the provision of this service; and
(c) That it is in the public interest to retain control over the use of public right-
of-way by solid waste collectors to ensure against interference with the
public convenience, to promote aesthetic considerations, and to protect the
public investment in right-of-way property; and
(d) That it is in the public interest to attract high-quality solid waste collectors;
and
(e) That it is in the public interest to ensure that high-quality solid waste
collection and disposal service is maintained through a responsive
complaint handling procedure; and
(f) That it is also in the public interest for solid waste collectors to offer and
directly provide recycling services to their clients (Recycling Services); and
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(g) That the granting of a non-exclusive franchise is the best means of assuring
that the above-described interests of the City of Miami Beach are promoted;
and
(h) That, at the October 16, 2013 City Commission Meeting, the Mayor and
City Commission authorized the City Administration to issue Request for
Qualifications No. 2013-178SR for franchise waste contractors to provide
municipal solid waste (MSW) collections and disposal services, including
additional solid waste/recycling services at city-owned properties (the
RFQ); and
(i) That at the July 23, 2014 City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-28681, accepting the
recommendation of the City Manager pertaining to the ranking of proposals
pursuant to the RFQ, and authorizing the Administration to enter into
negotiations for new franchise agreements with the top three (3) ranked
proposers, Waste Management Inc. of Florida, Progressive Waste Solutions
of FL, Inc., and Southern Waste Systems, LLC (collectively, the
Franchisees); and
(j) That, in addition to authorizing the Administration to negotiate and, if
successful, execute new Franchise Agreements with the Franchisees, as a
condition of the award of such agreements, the Mayor and City
Commission also authorized the Administration to negotiate and, if
successful, execute a new Service Agreement with the Franchisees for
MSW and Recycling Services, including other related public benefits to the
City which, at a minimum, should contain the same (or more favorable)
business terms than the existing services agreement; and
(k) That, the Franchise Agreements, and the related Service Agreement, had an
initial term of five (5) years, effective as of October 1, 2014, and
contemplated a renewal term, at the City's option, of up to three (3) years;
and
(1) That, on September 11, 2019, the Mayor and City Commission adopted
Resolution No. 2019-30981, pursuant to Section 90-221 of the City Code,
increasing the franchise fee paid to the City by each Contractor, from
eighteen percent (18%) of the Contractor's monthly gross receipts, to
twenty percent (20%) of the Contractor's monthly gross receipts, effective
October 5,2019; and
(m) That, on September 11, 2019, the Mayor and City Commission adopted
Resolution No. 2019-30982, extending the existing Franchise Agreements
on a month-to-month basis for a maximum period of six (6) months, and
providing that the renewal of the Franchise Agreement for the remainder of
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the three (3) year renewal term provided under Section 90-230(b) of the
City Code, shall be subject to negotiation of mutually acceptable terms for a
new Service Agreement, with additional public benefits to be provided to
the City; and
(n) That Waste Connections of Florida, Inc. (f/k/a/Progressive Waste Solutions
of FL, Inc.), a Delaware corporation authorized to conduct business in the
State of Florida (Franchisee), has indicated to the City that it is ready,
willing, and able to provide the aforestated services within the City of
Miami Beach, in accordance with the provisions contained within the
following franchise agreement (hereinafter, the Franchise Agreement or
Agreement), Chapter 90 of the City Code, and under the(additional) service
agreement (hereinafter, the Service Agreement), executed simultaneously
herewith.
NOW THEREFORE, City and Franchisee, in consideration of the mutual covenants
herein contained, agree as follows:
SECTION 1. DEFINITIONS
For the purposes of this Agreement, the following words shall have the following
meanings:
"Chapter 90 of the City Code" shall mean Chapter 90 of the Miami Beach City Code(the
City Code), as may be amended from time to time.
"City"shall mean the City of Miami Beach,Florida.
"City Commission" shall mean the elected officials of the City of Miami Beach,Florida.
"City Manager" shall mean the chief operating officer of the City or his authorized
designee.
"Franchisee" shall mean Waste Connections of Florida, Inc. (f/k/a Progressive Waste
Solutions of FL, Inc.), a Delaware corporation authorized to conduct business in the State of
Florida, which is hereby granted this franchise and has hereby agreed to undertake and perform
each and every obligation as set forth in this Agreement.
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"Gross Receipts" as referred to herein shall mean the entire amount•of the fees collected.
by the contractor (whether wholly or partially collected) for solid waste collection and disposal
within the City, but excluding any sales tax, or other tax, governmental imposition, assessment,
charge or expense of any kind, collected by the Franchisee from the account holder and required
by law to be remitted to the taxing or other governmental authority, and further excluding fees
from servicing rolloff and portable containers.
"Service Agreement" shall mean the certain agreement between the City and Franchisee
for the provision of additional solid waste collection and disposal and recycling services at
certain City owned facilities and properties. The Service Agreement is intended to have a term
that will run concurrently with the term of the franchise and this Agreement. Execution of the
Service Agreement by City and Franchisee is a condition of the Franchise Agreement.
Any other words or terms used herein which are not defined in this Section shall have
their normal dictionary meaning and customary usage unless such terms are defined in Chapter
90 of the City Code,in which case they shall have the meaning set forth therein.
SECTION 2. GRANT OF FRANCHISE
Pursuant to Chapter 90 of the City Code, which authorizes the granting of franchises for
the purposes set forth herein, Franchisee is hereby granted a franchise, including every right and
privilege appertaining thereto (except ,as otherwise limited by Chapter 90 of the City Code,
and/or by present or future Federal, State and County ordinances and laws), to operate and
maintain a solid waste collection and disposal service, and also to provide such recycling
services as contemplated in Section 90-231 of the City Code, in, upon, over, and across the
present and future streets, alleys, bridges, easements and other public rights-of-way,
property(ies), and/or facility(ies) within the limits of the City of Miami Beach, Florida, for the
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purpose of collecting and disposing of solid waste, and for the purpose of providing recycling
services as contemplated in Section 90-231 of the City Code, generated by the citizens,
residents, inhabitants, business enterprises, and other entities therein. Except for Recyclable
Material otherwise provided for pursuant to Chapter 90 of the City Code, and/or by present or
future Federal, State or County ordinances and laws, Franchisee is hereby granted title to all of
such solid waste generated within said boundaries, insofar as the City can establish its legal right
to make such grant of title.
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SECTION 3. GEOGRAPHICAL LIMITS OF THE FRANCHISE
The area covered by this franchise is the area within the city limits of the City of Miami
Beach, Florida, as they are now located and any areas which may at some future time be
incorporated into the City. Franchisee agrees that the limits of the franchise are subject to
expansion or reduction by annexation and contraction of municipal boundaries and that
Franchisee has no vested right in a specific area.
SECTION 4. TERM
As to Franchisee, the renewal term of this franchise shall be deemed to have
commenced on October 1, 2019, which shall be the effective date of this Agreement (and may
also be referred to as the Commencement Date). The renewal term of the franchise shall be
three (3) years, commencing on the Commencement Date, and shall terminate on September
30, 2022,unless sooner terminated by revocation of the franchise, as provided in Chapter 90 of
the City Code.
SECTION 5. FRANCHISE CONSIDERATION
For a period of one year after the Commencement Date of this franchise, the Franchisee
shall pay to the City a franchise fee consisting of twenty percent (20%) of said Franchisee's
total monthly Gross Receipts. Thereafter, the City Commission shall have the option of raising
the franchise fee, as provided in Section 90-221 of the City Code.
Gross Receipts from servicing rolloff containers are not included under the franchise
fee due to the City, and shall be subject to separate fees, as set forth in Section 90-278 of the
City Code.
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• Payment of the franchise fee shall be made monthly in accordance with Section 90-223
of the City Code.
In addition to monthly payment of the franchise fee, and in accordance with
Franchisee's proposal in response to the RFQ, the Franchisee shall (during the term herein)
also pay an annual amount equal to two percent (2%) of its total annual Gross Receipts, to be
applied by the City toward the establishment, implementation, and operation of a public right-
• of-way cleaning program, which shall be operated through the City's Sanitation Division. The
means, method, and operation of this program shall be determined and implemented in the
City's sole and reasonable discretion. The franchisee shall, on or before thirty (30) days
following the close of its fiscal year, and in any event no later than February 15th of each year
during the term of the franchise, deliver to the City's Chief Financial Officer a statement of its
annual Gross Receipts, certified by an independent certified public accountant,reflecting Gross
Receipts generated within the City for the preceding fiscal year. Payment of the two percent
(2%) amount shall be made annually to the City's Chief Financial Officer, concurrent with the
delivery of Franchisee's certified statement of annual Gross Receipts (as provided above).
SECTION 6. ASSIGNMENT
The rights herein granted to the Franchisee, and any licenses granted to the Franchisee
by the City, shall not be assigned by the Franchisee except with the express prior approval of
the City Commission, and as provided in Section 90-192(h)of the City Code.
In the event of such assignment, Franchisee shall cause its assignee to execute an
agreement of acceptance, subject to the approval of the City Manager, evidencing that such
assignee accepts the assignment subject to any and all terms, conditions, and limitations
imposed hereby, and which acceptance shall include an affirmative statement evidencing such
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• assignee's intent to fulfill the obligations imposed upon Franchisee herein. Notwithstanding the
City's approval of the assignment and assignee's acceptance, Franchisee shall guarantee the
performance of its assignee and such assignment shall always be with full recourse to
Franchisee.
SECTION 7. BANKRUPTCY OR INSOLVENCY
Iithe Franchisee becomes insolvent, this franchise shall terminate. If the Franchisee
files a petition of voluntary bankruptcy, or in the event of involuntary bankruptcy, this
franchise shall terminate no later than the date of filing of the bankruptcy petition.
SECTION 8. INDEMNIFICATION AND INSURANCE
Franchisee hereby agrees to indemnify, hold harmless, and defend the City, its officers,
employees, agents, and contractors against, and assumes all liability for, any and all claims,
suits, actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from
Franchisee's, and/or its officers', employees', agents', and contractors' activities and/or the use
of the public streets and/or other City property or rights-of-way, for the purposes authorized in
this franchise and in Chapter 90 of the City Code, and resulting or accruing from any
negligence, act, omission, or error of the Franchisee, and/or its officers, agents, employees, and
contractors, and/or arising from the failure of Franchisee to comply with each and every
covenant of this franchise, or with Chapter 90 of the City Code, or with .any other Federal,
State, County and/or City ordinance, law, or regulation applicable to Franchisee's activities,
resulting in or relating to bodily injury, loss of life or limb, or damage to property sustained by
any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to
hold City, its officers, employees, agents and contractors, harmless from and against all
judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and
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• resulting from any such claim, investigation, or defense thereof, which may be entered,
incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense, any legal action, claim or proceeding instituted by any person against the City, its
officers, employees, agents or contractors, as a result of any claim, suit, or cause of action
accruing from activities authorized by this franchise, for injuries to body, limb, or property as
set forth above.
Franchisee agrees to maintain in full force and effect throughout the entire Term of the
franchise, the insurance coverages set forth in Section 90-196 of the City Code. Franchisee
further agrees that the City Manager may increase the kinds and amounts of insurance coverage
required if, in his sole reasonable judgment and discretion,he deems such increase necessary to
protect the City.
Operation of activities by the Franchisee without the required insurance shall be
grounds for revocation of the franchise.
SECTION 9. COMPLIANCE WITH ORDINANCES,RULES,LAWS
Franchisee shall be solely responsible for keeping and maintaining itself fully informed
with all Federal, State, County, and City ordinances (including, without limitation, Chapter 90
of the City Code), laws, rules, regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority, which in any manner affect its activities and this franchise, or
which in any way affect the conduct of its work (collectively, the aforestated are referred to as
the Applicable Laws). Franchisee shall at all times observe and comply with all Applicable
Laws. Additionally, Franchisee shall be solely responsible for obtaining and maintaining
current and in good standing any licenses and permits required under Applicable Laws to
conduct its business(es) and activities under the franchise.
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SECTION 10. REVOCATION OF FRANCHISE •
Failure on the part of Franchisee to comply in any material way with the provisions of
this Franchise Agreement, Chapter 90 of the City Code, or other Applicable Laws, shall be
grounds for revocation or termination of the franchise, which termination shall be in
accordance with Section 90-234 of the City Code, and shall be effective upon written notice to
Franchisee.
SECTION 11. REPORTING;ACCOUNTING; AUDIT
Franchisee shall keep an accurate set of books and records in accordance with general
accounting principles,reflecting the Gross Receipts derived under and pursuant to the franchise
rights granted herein. The City shall have the right to audit Franchisee's books and records, as
provided in Section 90-224 of the City Code.
SECTION 12. COLLECTION EQUIPMENT
Franchisee shall have on hand, at all times during the Term of the franchise, sufficient
personnel and equipment to permit Franchisee to fully, adequately and efficiently perform its
duties hereunder. Collection equipment shall be kept clean, sanitary,neat in appearance, and in
good repair and working order at all times. Franchisee shall at all times have available to it
reserve equipment, which can be put into service and operation within two (2) hours of any
•
breakdown. Such reserve equipment shall substantially correspond in size and capability to the
equipment.normally used by Franchisee to perform its duties hereunder.
SECTION 13. DISPOSAL
All solid waste shall be hauled to sites or facilities legally empowered to accept it for
treatment or disposal. The City reserves the right to approve or disapprove sites, taking into
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account all governmental regulations, routes within the franchise area, and the rules and
regulations of the governmental body having jurisdiction over said sites or facilities.
SECTION 14. COLLECTION SERVICES AND OPERATIONS
Franchisee's procedures for collection of solid waste shall be in keeping with all
provisions of Chapter 90 of the City Code and other Applicable Laws.
SECTION 15. STORMS AND OTHER EMERGENCIES
In case of an unusually severe storm, and/or other extreme acts of weather (i.e.
including, without limitation, tropical storms, tropical depressions, hurricanes, floods,
tornadoes, etc.), or disruption caused by other emergencies not caused by Franchisee, the City
Manager may grant Franchisee reasonable variance from its regular schedules. As soon as
practicable after such storm, act of weather, or other emergency, Franchisee shall inform the
City of the estimated time required before regular schedules and routes can be resumed and,
upon request of the City Manager and in such form as determined by the City Manager,
Franchisee shall provide notice of same to its commercial and residential (multi-family) clients
in the franchise area. In event of a storm, act of weather, or other emergency requiring mass
clean-up operations, Franchisee shall, upon direction of the City Manager, participate in said
clean-up, to the extent directed by the City Manager. Franchisee shall be compensated by the
City, in the amount of actual costs, plus'twelve percent (12%) of said costs, and shall be
excused from conducting regular services, as and to the extent approved by the City Manager.
Any expense incurred or revenue received under this Section 15 shall not be included or
considered in base rate calculations.
SECTION 16. NON-WAIVER
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The failure by the City at any time to require performance by the Franchisee of any
provision hereof, or of Chapter 90 of the City Code, or of any other Applicable Laws, shall not
in any respect limit, prejudice, diminish, or constitute a waiver of any rights of the City
thereafter to enforce same, nor shall waiver by the City of any breach of any provision of the
Franchise Agreement, or of Chapter 90,or of any other Applicable Laws,be taken or held to be
a waiver of the City's rights to enforce or take action against any such succeeding breach (of
such provision), or as waiver of any provision itself.
SECTION 17. CONTINUED OPERATIONS DURING DISPUTES
In the event that a dispute arises between the City and Franchisee (or any other
interested party) in any way relating to this franchise (including performance or compensation
hereunder), the Franchisee shall continue to perform hereunder and to render service in full
compliance with all terms and conditions of the Franchise Agreement, regardless of the nature
of the dispute.
Franchisee expressly recognizes the paramount right and duty of the City to provide
adequate waste collection and disposal services as a necessary governmental function, and
further agrees, as consideration for the City's approval and execution of this Franchise
Agreement that, in the event of a dispute, said Franchisee shall not cease performance or stop
service during the pendency of any such dispute.
SECTION 18. HANDLING OF COMPLAINTS
Franchisee shall be bound by Chapter 90 of the City Code with regard to handling of
complaints from its patrons.
SECTION 19. NONDISCRIMINATION
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Franchisee and the City agree that Contractors' compliance with the City's Human
Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, shall be a material term of this Agreement. Franchisee agrees that it has adopted and will
maintain and enforce a policy of nondiscrimination on the basis of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
or disability. Said nondiscrimination policy shall apply to employment practices of the
Franchisee and the provision of services. The Franchisee agrees that,upon written request from
the City Manager, it will permit access to its records of employment, employment
advertisements, application forms, and other pertinent data and records, to the City for the
purposes of investigation to ascertain compliance with the nondiscrimination provisions of this
Section;provided,however, that Franchisee shall not be required to produce for inspection any
records covering any period of time more than two (2) years prior to the effective date of this
franchise. A finding by the City Manager that Franchisee has engaged in an unlawful
discriminatory practice, according to the regulations and procedures set forth in Chapter 62 of
the City Code, shall constitute a breach of this Agreement.
SECTION 20. RECYCLING SERVICES REQUIREMENTS
20.1 In accordance with the provisions of Sections 90-231, 90-340, and 90-341 of the City
Code, during the Renewal Term of this franchise, Franchisee shall comply with the
following recycling requirements:
(a) As a condition of the franchise, each Franchisee shall be required to
offer directly, or through a subcontractor, who shall be licensed by
the City and state, recycling for any and all accounts serviced by the
Franchisee (including, without limitation, any and all residential and
commercial accounts).
(b) All of Franchisee's contracts (within the jurisdictional limits of the
City of Miami Beach) for waste collection and disposal services
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• (accounts) for multifamily residences and commercial accounts shall
also include a proposal to provide recycling services. Such recycling
proposal shall, to the maximum extent that is commercially feasible,
maximize recycling activity in the City, and provide for sufficient
flexibility in recyclable materials, container size, and location, as is
both necessary and consistent for the particular account.
(c) Whether directly provided, or subcontracted with a qualified
recycling contractor, each recycling proposal shall require
Franchisee to disclose to the contract holder the savings offset that is
anticipated as a result of the recycling and the consequent reduction
of solid waste disposed; provided, however, that the recycling
proposal (and the required savings offset) shall remain within the
purview of the Franchisee and the multifamily or commercial
account holder to negotiate.
(d) Pursuant to Section 90-231(b) of the City Code, with respect to
multifamily residences only, each of Franchisee's contracts must
disclose to an account holder that in the event that the recycling bid
and/or price quote (hereinafter, the offer)provided by the contractor
to an account holder who is an owner, occupant, or operator or
manager of an apartment building or the multifamily residence, is
deemed unfair by said owner, occupant, or operator or manager,
then the aggrieved party may file a protest with the City Manager, in
writing,within 30 days of receipt of the offer by the aggrieved party;
the protest must include a copy of the offer; and must clearly state
the reasons and grounds upon which that the aggrieved party
'considers the offer to be unfair.
(e) Franchisee must appropriately designate the recycling collection
containers that it provides to customers. The containers must contain
the appropriate signage and information, as shall be established and
approved by the City. Additionally, Franchisee shall assist and
provide written notice to the Director of Public Works in identifying
multifamily accounts and commercial accounts which do not have a
recycling program or, in the alternative, which have allowed a
recycling program to lapse or expire.
20.2 PURSUANT TO SECTION 90-340 OF THE CITY CODE, AND EFFECTIVE
NOVEMBER 1, 2014, FRANCHISEE SHALL OFFER THOSE RECYCLING
SERVICES FOR ANY MULTI-FAMILY RESIDENCE WITH TWO (2) OR
MORE DWELLING UNITS, AS A SINGLE-STREAM RECYCLING PROCESS
14
OR AS A MODIFIED RECYCLING PROGRAM, AS MORE PARTICULARLY
SET FORTH IN SECTION 90-344.
(a) Pursuant to Section 90-340(b), the recycling services for multifamily
residences shall consist of a single-stream'recycling process. The single-
stream recycling process shall separate, from all other solid waste, the
five(5) following recyclable materials:
1. 90-340(b)(1)Newspaper. Used or discarded newsprint, including
any glossy inserts;
2. 90-340(b)(2) Glass. Glass jars, bottles, and containers of clear,
green or amber (brown) color of any size or shape used to store
and/or package food and beverage products for human or animal
consumption, and/or used to package other products, which must
be empty and rinsed clean or residue. This term excludes
ceramics,window or automobile glass,mirrors, and light bulbs;
3. 90-340(b)(3) Metal food and beverage containers. All ferrous
and nonferrous (i.e., including,but not limited to, steel, tin-plated
steel, aluminum and bimetal) food and beverage containers (i.e.,
including, but not limited to, cans, plates, and trays) of any size
or shape used,to store and/or package food and beverage
products suitable for human or animal consumption, which must
be empty and rinsed clean or residue;
4. 90-340(b)(4) Other metal containers. All other ferrous and
nonferrous containers used to package household products
including, but not limited to, paint cans and aerosol cans, which
must be empty and rinsed clean or reside; and
5. 90-340(b)(5) Plastics. All high density polyethylene (HDPE)
and/or polyethylene terephthalate (PET) bottles, jugs, jars,
cartons, tubs, and/or other containers, and lids, of any size or
shape used.to package food, beverages, and/or other household
products, or crankcase oil, which must be empty and rinsed clean
of residue. This term excludes all plastic film, plastic bags,vinyl,
rigid plastic (i.e.,toys), and plastic foam materials.
20.3 Franchisee shall offer recycling services for commercial establishments, as a single-
stream recycling process, as more particularly set forth in Section 90-341 of the City
15
• Code, or as a modified recycling program, as more particularly set forth in Section 90-
344 of the City Code.
(a) The single-stream recycling process shall separate, from all other solid
waste,the following recyclable materials:
1. 90-341(b)(1)Newspaper, cardboard, magazines, and catalogues,
telephone books and/or directories, and office paper; used or
discarded newsprint, including any glossy inserts;
2. 90-341(b)(2) Glass. Glass jars, bottles, and containers of clear,
green or amber (brown) color of any size or shape used to store
and/or package food and beverage products for human or animal
consumption, and/or used to package other products which must
be empty and rinsed clean or residue. This term excludes
ceramics, window or automobile glass, mirrors, and light bulbs;
3. 90-341(b)(3) Metal food and beverage containers. All ferrous
and nonferrous (i.e., including,but not limited to, steel,tin-plated
steel, aluminum and bimetal) food and beverage containers (i.e.,
including, but not limited to, cans, plates, and trays) of any size
or shape used to store and/or package food and beverage
products suitable for human or animal consumptionz which must
be empty and rinsed clean or residue;
4. 90-341(b)(4) Other metal containers. All other ferrous and
nonferrous containers used to package household products
including, but not limited to, paint cans and aerosol cans, which
must be empty and rinsed clean or reside; including scrap metal,
which shall mean used or discarded items suitable for recycling,
consisting predominantly of ferrous metals, aluminum, brass,
copper, lead, chromium, tin, nickel or alloys thereof including,
but not limited to, bulk metals such as large metal fixtures and
appliances (including white goods such as washing machines,
refrigerators, etc.), but excluding metal containers utilized to
store flammable or volatile chemicals, such as fuel tanks;
5. 90-341(b)(5) Plastics. All high density polyethylene (HDPE)
and/or polyethylene terephthalate (PET) bottles, jugs, jars,
cartons, tubs, and/or other containers, and lids, of any size or
shape used to package food, beverages, and/or other household
products, or crankcase oil, which must be empty and rinsed clean
of residue. This term excludes all plastic film,plastic bags, vinyl,
rigid plastic(i.e.,toys), and plastic foam materials;
16
• 6. 90-341(b)(6) Textiles; and•
7. 90-341(b)(7) Wood. Clean wood waste and/or pieces generated
as by-products from manufacturing of wood products. It excludes
clean yard waste and clean waste (i.e., natural vegetation and
minerals such as stumps, brush, blackberry vines, tree branches,
and associated dirt, sand, tree bark, sand and rocks), treated
lumber, wood pieces, or particles containing chemical
preservatives, composition roofing, roofing paper, insulation,
sheetrock, and glass.
SECTION 22. INVALIDITY—NO RIGHT OF ACTION
If this Franchise Agreement, or any provision thereof, is found to be invalid or
unconstitutional by any court of competent jurisdiction, and/or if Franchisee is prevented from
exercising its rights hereunder by present or future Federal, State, or County ordinances or laws
and Franchisee's rights under this franchise are materially impaired thereby, Franchisee shall
have no claim or cause of action against the City therefore.
SECTION 23. POWER TO REGULATE STREETS
Nothing in this Agreement shall be construed as surrender by City of its right or power
to pass ordinances regulating the use of its streets, and/or other public rights-of-way, and/or
public properties or facilities.
SECTION 24. ACCEPTANCE OF FRANCHISE
This Franchise Agreement shall be filed with the Miami Beach City Clerk within
twenty(20)days after the date of approval of the franchise by the Mayor and City Commission
and execution by the parties hereto. Filing of a fully executed Franchise Agreement with the
City Clerk shall be deemed proof of Franchisee's acceptance of the franchise.
SECTION 25. GOVERNING LAW AND EXCLUSIVE VENUE
17
• This Franchisee Agreement shall be governed by, and construed in accordance with,the
laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, if in Federal court.
BY ENTERING INTO THIS AGREEMENT, CITY AND FRANCHISEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
SECTION 26. NOTICE
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Franchisee and the City listed below or may
be mailed by registered mail,postage prepaid(or airmailed if addressed to an address outside of
the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO FRANCHISEE: WASTE CONNECTIONS OF FLORIDA, INC.
3840 NORTHWEST 37 COURT
MIAMI,FLORIDA 33142
ATTENTION: DAMIAN RIBAR
GENERAL MANAGER
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• TO CITY: City of Miami Beach •
Attn: Jimmy L. Morales, City Manager
1700 Convention Center Drive
Miami Beach,Florida 33139
(305) 673-7010
WITH COPIES TO: City of Miami Beach
Attn: Roy Coley,Public Works Director
1700 Convention Center Drive
Miami Beach,Florida 33139
(305) 673-7080
and
City of Miami Beach
Attn: Public Works Sanitation Director
1700 Convention Center Drive
Miami Beach,Florida 33139
(305)673-7616
Notices hereunder shall be effective as follows:
Notices are deemed delivered or given and become effective upon mailing if mailed to an address
in the city of dispatch, and upon actual receipt if otherwise delivered.
SECTION 27. FLORIDA PUBLIC RECORDS LAW.
Pursuant to Section 119.0701 of the Florida Statutes, if Franchisee meets the definition of
"Contractor" as defined in Section 119.0701(1)(a),Franchisee shall:
(a) Keep and maintainpublic records that ordinarily and necessarily
would be required by the public agency in order to perform the
. service; •
(b) Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law; and
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(d) Meet all requirements for retaining public records and transfer to the
1/4 City, at no City cost, all public records created,received,maintained
and/or directly related to the performance of this Agreement that are
in possession of the Franchisee upon termination of this Agreement.
Upon termination of this Agreement, the Franchisee shall destroy
any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records
stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or
other material,regardless of the physical form,characteristics, or means of transmission,made or
received pursuant to law or ordinance or in connection with the transaction of official business of
the City.
Franchisee's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Franchisee does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF,the parties hereto have caused this Franchisee Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH,FLORIDA
ATTEST:
By:
Rafael E. Granado Dan Gelber
City Clerk Mayor
FOR FRANCHISEE: WASTE CONNECTIONS OF
FLORIDA,INC., a Delaware corporation
authorized to conduct business in the State
of Florida
ATTEST:
By:
Thomas J.Fowler Dean DiValerio
Secretary Southeast Region Vice President
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney Date
21
NON-EXCLUSIVE FRANCHISE WASTE CONTRACTOR AGREEMENT BETWEEN
CITY OF MIAMI BEACH,FLORIDA(CITY)
AND
WASTE MANGEMENT INC.OF FLORIDA(FRANCHISEE)
FOR
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL FOR
MULTIFAMILY RESIDENCES WITH NINE(9) OR MORE UNITS; COMMERCIAL
SOLID WASTE COLLECTION AND DISPOSAL; AS WELL AS FOR RECYCLING
SERVICES FOR MULTI-FAMILY RESIDENCES WITH TWO(2) OR MORE UNITS;
AND FOR
COMMERCIAL PROPERTIES IN THE CITY OF MIAMI BEACH,FLORIDA.
RECITALS
The City of Miami Beach,Florida, does hereby find, determine and declare as follows:
(a) That it is in the public interest to ensure that all areas within the City limits
are adequately provided with high-quality solid waste collection and
disposal service; and
(b) That it is in the public interest to retain regulatory authority over solid waste
collection and disposal, to the extent allowed by law, because of the
overriding public health, safety and welfare considerations associated with
the provision of this service; and
(c) That it is in the public interest to retain control over the use of public right-
of-way by solid waste collectors to ensure against interference with the
public convenience, to promote aesthetic considerations, and to protect the
public investment in right-of-way property; and
(d) That it is in the public interest to attract high-quality solid waste collectors;
and
(e) That it is in the public interest to ensure that high-quality solid waste
collection and disposal service is maintained through a responsive
complaint handling procedure; and
(f) That it is also in the public interest for solid waste collectors to offer and
directly provide recycling services to their clients(Recycling Services); and
1
• (g) That the granting of a non-exclusive franchise is the best means of assuring •
that the above-described interests of the City of Miami Beach are promoted;
and
(h) That, at the October 16, 2013 City Commission Meeting, the Mayor and
City Commission authorized the City Administration to issue Request for
Qualifications No. 2013-178SR for franchise waste contractors to provide
municipal solid waste (MSW) collections and disposal services, including
additional solid waste/recycling services at city-owned properties (the
RFQ); and
(i) That at the July 23, 2014 City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-28681, accepting the
recommendation of the City Manager pertaining to the ranking of proposals
pursuant to the RFQ, and authorizing the Administration to enter into
negotiations for new franchise agreements with the top three (3) ranked
proposers, Waste Management Inc. of Florida, Progressive Waste Solutions
of FL, Inc., and Southern Waste Systems, LLC (collectively, the
Franchisees); and
(j) That, in addition to authorizing the Administration to negotiate and, if
successful, execute new Franchise Agreements with the Franchisees, as a
condition of the award of such agreements, the Mayor and City
Commission also authorized the Administration to negotiate and, if
successful, execute a new Service Agreement with the Franchisees for
MSW and Recycling Services, including other related public benefits to the
City which, at a minimum, should contain the same (or more favorable)
business terms than the existing services agreement; and
(k) That, the Franchise Agreements, and the related Service Agreement, had an
initial term of five (5) years, effective as of October 1, 2014, and
contemplated a renewal term, at the City's option, of up to three (3) years;
and
(1) That, on September 11, 2019, the Mayor and City Commission adopted
• Resolution No. 2019-30981, pursuant to Section 90-221 of the City Code,
increasing the franchise fee paid to the City by each Contractor, from
eighteen percent (18%) of the Contractor's monthly gross receipts, to
twenty percent (20%) of the Contractor's monthly gross receipts, effective
October 5, 2019; and
(m) That, on September 11, 2019, the Mayor and City Commission adopted
Resolution No. 2019-30982, extending the existing Franchise Agreements
on a month-to-month basis for a maximum period of six (6) months, and
providing that the renewal of the Franchise Agreement for the remainder of
the three (3) year renewal term provided under Section 90-230(b) of the
2
• City Code, shall be subject to negotiation of mutually acceptable terms for a •
new Service Agreement, with additional public benefits to be provided to
the City; and
(n) That Waste Management Inc. of Florida, a Florida corporation (Franchisee)
has indicated to the City that it is ready, willing, and able to provide the
aforestated services within the City of Miami Beach, in accordance with the
provisions contained within the following franchise agreement (hereinafter,
the Franchise Agreement or Agreement), Chapter 90 of the City Code, and
under the (additional) service agreement (hereinafter, the Service
Agreement)executed simultaneously herewith.
NOW THEREFORE, City and Franchisee, in consideration of the mutual covenants
herein contained, agree as follows:
SECTION 1. DEFINITIONS
For the purposes of this Agreement, the following words shall have the following
meanings:
"Chapter 90 of the City Code"shall mean Chapter 90 of the Miami Beach City Code(the
City Code), as may be amended from time to time.
"City"shall mean the City of Miami Beach,Florida.
"City Commission" shall mean the elected officials of the City of Miami Beach, Florida.
"City Manager" shall mean the chief operating officer of the City or his authorized
designee.
"Franchisee" shall mean Waste Management Inc. of Florida, a Florida corporation,
which is hereby granted this franchise and has hereby agreed to undertake and perform each and
every obligation as set forth in this Agreement.
"Gross Receipts" as referred to herein shall mean the entire amount of the fees collected
by the contractor (whether wholly or partially collected) for solid waste collection and disposal
within the City, but excluding any sales tax, or other tax, governmental imposition, assessment,
3
• charge or expense of any kind, collected by the Franchisee from the account holder and required •
by law to be remitted to the taxing or other governmental authority, and further excluding fees
from servicing rolloff and portable containers.
"Service Agreement" shall mean the certain agreement between the City and Franchisee
for the provision of additional solid waste collection and disposal and recycling services at
certain City owned facilities and properties. The Service Agreement is intended to have a term
that will run concurrently with the term of the franchise and this Agreement. Execution of the
Service Agreement by City and Franchisee is a condition of the Franchise Agreement.
Any other words or terms used herein which are not defined in this Section shall have
their normal dictionary meaning and customary,,usage unless such terms are defined in Chapter
90 of the City Code,in which case they shall have the meaning set forth therein.
SECTION 2. GRANT OF FRANCHISE
Pursuant to Chapter 90 of the City Code, which authorizes the granting of franchises for
the purposes set forth herein, Franchisee is hereby granted a franchise, including every right and
privilege appertaining thereto (except as otherwise limited by Chapter 90 of the City Code,
and/or by present or future Federal, State and County ordinances and laws), to operate and
maintain a solid waste collection and disposal service, and also to provide such recycling
services as contemplated in Section 90-231 of the City Code, in, upon, over, and across the
present and future streets, alleys, bridges, easements and other public rights-of-way,
property(ies), and/or facility(ies) within the limits of the City of Miami Beach, Florida, for the
purpose of collecting and disposing of solid waste, and for the purpose of providing recycling
services as contemplated in Section 90-231 of the City Code, generated by the citizens,
residents, inhabitants, business enterprises, and other entities therein. Except for Recyclable
4
Material otherwise provided for pursuant to Chapter 90 of the City Code, and/or by present or
future Federal, State or County ordinances and laws, Franchisee is hereby granted title to all of
such solid waste generated within said boundaries, insofar as the City can establish its legal right
to make such grant of title.
SECTION 3. GEOGRAPHICAL LIMITS OF THE FRANCHISE
The area covered by this franchise is the area within the city limits of the City of Miami
Beach, Florida, as they are now located and any areas which may at some future time be
incorporated into the City. Franchisee agrees that the limits of the franchise are subject to
expansion or reduction by annexation and contraction of municipal boundaries and that
Franchisee has no vested right in a specific area.
SECTION 4. TERM
As to Franchisee, the renewal term of this franchise shall 'be deemed to have
commenced on October 1, 2019, which shall be the effective date of this Agreement (and may
also be referred to as the Commencement Date). The renewal term of the franchise shall be
three (3) years, commencing on the Commencement Date, and shall terminate on September
30,2022,unless sooner terminated by revocation of the franchise, as provided in Chapter 90 of
the City Code (Renewal Term).
SECTION 5. FRANCHISE CONSIDERATION
For a period of one year after the Commencement Date of this franchise, the Franchisee
shall pay to the City a franchise fee consisting of twenty percent (20%) of said Franchisee's
total monthly Gross Receipts. Thereafter, the City Commission shall have the option of raising
the franchise fee, as provided in Section 90-221 of the City Code.
5
Gross Receipts from servicing rolloff containers are not included under the franchise
fee due to the City, and shall be subject to separate fees, as set forth in Section 90-278 of the
City Code.
Payment of the franchise fee shall be made monthly in accordance with Section 90-223
of the City Code.
In addition to monthly payment of the franchise fee, and in accordance with
Franchisee's proposal in response to the RFQ, the Franchisee shall (during the term herein) .
also pay an annual amount equal to two percent (2%) of its total annual Gross Receipts, to be
applied by the City toward the establishment, implementation, and operation of a public right-
of-way cleaning program, which shall be operated through the City's Sanitation Division. The
means, method, and operation of this program shall be determined and implemented in the
City's sole and reasonable discretion. The franchisee shall, on or before thirty (30) days
following the close of its fiscal year, and in any event no later than February 15th of each year
during the term of the franchise, deliver to the City's Chief Financial Officer a statement of its
annual Gross Receipts, certified by an independent certified public accountant,reflecting Gross
Receipts generated within the City for the preceding fiscal year. Payment of the two percent
(2%) amount shall be made annually to the City's Chief Financial Officer, concurrent with the
delivery of Franchisee's certified statement of annual Gross Receipts (as provided above).
SECTION 6. ASSIGNMENT
The rights herein granted to the Franchisee, and any licenses granted to the Franchisee
by the City, shall not be assigned by the Franchisee except with the express prior approval of
the City Commission, and as provided in Section 90-192(h) of the City Code.
6
•
In the event of such assignment, Franchisee shall cause its. assignee to execute an
agreement of acceptance, subject to the approval of the City Manager, evidencing that such
assignee accepts the assignment subject to any and all terms, conditions, and limitations
imposed hereby, and which acceptance shall include an affirmative statement evidencing such
assignee's intent to fulfill the obligations imposed upon Franchisee herein.Notwithstanding the
City's approval of the assignment and assignee's acceptance, Franchisee shall guarantee the
performance of its assignee and such assignment shall always be with full recourse to
Franchisee.
SECTION 7. BANKRUPTCY OR INSOLVENCY
If the Franchisee becomes insolvent, this franchise shall terminate. If the Franchisee
files a petition of voluntary bankruptcy, or in the event of involuntary bankruptcy, this
franchise shall terminate no later than the date of filing of the bankruptcy petition.
SECTION 8. INDEMNIFICATION AND INSURANCE
Franchisee hereby agrees to indemnify, hold harmless, and defend the City, its officers,
employees, agents, and contractors against, and assumes all liability for, any and all claims,
suits, actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from
Franchisee's, and/or its officers', employees', agents', and contractors' activities and/or the use
of the public streets and/or other City property or rights-of-way, for the purposes authorized in
this franchise and in Chapter 90 of the City Code, and resulting or accruing from any
negligence, act, omission, or error of the Franchisee, and/or its officers, agents, employees, and
contractors, and/or arising from the failure of Franchisee to comply with each and every
covenant of this franchise, or with Chapter 90 of the City Code, or with any other Federal,
State, County and/or City ordinance, law, or regulation applicable to Franchisee's activities,
7
resulting in•or relating to bodily injury, loss of life or limb, or damage to property sustained by
any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to
hold City, its officers, employees, agents and contractors, harmless from and against all
judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and
resulting from any such claim, investigation, or defense thereof, which may be entered,
incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense, any legal action, claim or proceeding instituted by any person against the City, its
officers, employees, agents or contractors, as a result of any claim, suit, or cause of action
accruing from activities authorized by this franchise, for injuries to body, limb, or property as
set forth above.
Franchisee agrees to maintain in full force and effect throughout the entire Term of the
franchise, the insurance coverages set forth in Section 90-196 of the City Code. Franchisee
further agrees that the City Manager may increase the kinds and amounts of insurance coverage
required if, in his sole reasonable judgment and discretion,he deems such increase necessary to
protect the City.
Operation of activities by the Franchisee without the required insurance shall be
grounds for revocation of the franchise.
SECTION 9. COMPLIANCE WITH ORDINANCES,RULES,LAWS
Franchisee shall be solely responsible for keeping and maintaining itself fully informed
with all Federal, State, County, and City ordinances (including, without limitation, Chapter 90
of the City Code), laws, rules, regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority, which in any manner affect its activities and this franchise, or
which in any way affect the conduct of its work (collectively, the aforestated are referred to as
8
the Applicable Laws). Franchisee shall at all times observe and comply with all Applicable
Laws. Additionally, Franchisee shall be solely responsible for obtaining and maintaining
current and in good standing any licenses and permits required under Applicable Laws to
conduct its business(es) and activities under the franchise.
SECTION 10. REVOCATION OF FRANCHISE
Failure on the part of Franchisee to comply in any material way with the provisions of
this Franchise Agreement, Chapter 90 of the City Code, or other Applicable Laws, shall be
grounds for revocation or termination of the franchise, which termination shall be in
accordance with Section 90-234 of the City Code, and shall be effective upon written notice to
Franchisee.
SECTION 11. REPORTING; ACCOUNTING; AUDIT
Franchisee shall keep an accurate set of books and records in accordance with general
accounting principles,reflecting the Gross Receipts derived under and pursuant to the franchise
rights granted herein. The City shall have the right to audit Franchisee's books and records, as
provided in Section 90-224 of the City Code.
SECTION 12. COLLECTION EOUIPMENT
Franchisee shall have on hand, at all times during the Term of the franchise, sufficient
personnel and equipment to permit Franchisee to fully, adequately and efficiently perform its
duties hereunder. Collection equipment shall be kept clean, sanitary,neat in appearance, and in
good repair and working order at all times. Franchisee shall at all times have available to it
reserve equipment, which can be put into service and operation within two (2) hours of any
9
breakdown. Such reserve equipment shall substantially correspond in size and capability to the
equipment normally used by Franchisee to perform its duties hereunder.
SECTION 13. DISPOSAL
All solid waste shall be hauled to sites or facilities legally empowered to accept it for
treatment or disposal. The City reserves the right to approve or disapprove sites, taking into
account all governmental regulations, routes within the franchise area, and the rules and
regulations of the governmental body having jurisdiction over said sites or facilities.
SECTION 14. COLLECTION SERVICES AND OPERATIONS
Franchisee's procedures for collection of solid waste shall be in keeping with all
provisions of Chapter 90 of the City Code and other Applicable Laws.
SECTION 15. STORMS AND OTHER EMERGENCIES
In case of an unusually severe storm, and/or other extreme acts of weather (i.e.
including, without limitation, tropical storms, tropical depressions, hurricanes, floods,
tornadoes, etc.), or disruption caused by other emergencies not caused by Franchisee, the City
Manager may grant Franchisee reasonable variance from its regular schedules. As soon as
practicable after such storm, act of weather, or other emergency, Franchisee shall inform the
City of the estimated time required before regular schedules and_routes can be resumed and,
upon request of the City Manager and in such form as determined by the City Manager,
Franchisee shall provide notice of same to its commercial and residential (multi-family) clients
in the franchise area. In event of a storm, act of weather, or other emergency requiring mass
clean-up operations, Franchisee shall, upon direction of the City Manager, participate in said
clean-up, to the extent directed by the City Manager. Franchisee shall be compensated by the
10
City, in the amount of actual costs, plus twelve percent (12%) of said•costs, and shall be
excused from conducting regular services, as and to the extent approved by the City Manager.
Any expense incurred or revenue received under this Section 15 shall not be included or
considered in base rate calculations.
SECTION 16. NON-WAIVER
The failure by the City at any time to require performance by the Franchisee of any
provision hereof, or of Chapter 90 of the City Code, or of any other Applicable Laws, shall not
in any respect limit, prejudice, diminish, or constitute a waiver of any rights of the City
thereafter to enforce same, nor shall waiver by the City of any breach of any provision of the
Franchise Agreement, or of Chapter 90, or of any other Applicable Laws,be taken or held to be
a waiver of the City's rights to enforce or take action against any such succeeding breach (of
such provision), or as waiver of any provision itself.
SECTION 17. CONTINUED OPERATIONS DURING DISPUTES
In the event that a dispute arises between the City and Franchisee (or any other
interested party) in any way relating to this franchise (including performance or compensation
hereunder), the Franchisee shall continue to perform hereunder and to render service in full
compliance with all terms and conditions of the Franchise Agreement, regardless of the nature
of the dispute.
Franchisee expressly recognizes the paramount right and duty of the City to provide
adequate waste collection and disposal services as a necessary governmental function, and
further agrees, as consideration for the City's approval and execution of this Franchise
Agreement that, in the event of a dispute, said Franchisee shall not cease performance or stop
service during the pendency of any such dispute.
11
•
SECTION 18. HANDLING OF COMPLAINTS •
Franchisee shall be bound by Chapter 90 of the City Code with regard to handling of
complaints from its patrons.
SECTION 19. NONDISCRIMINATION
Franchisee and the City agree that Contractors' compliance with the City's Human
Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, shall be a material term of this Agreement. Franchisee agrees that it has adopted and will
maintain and enforce a policy of nondiscrimination on the basis of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
or disability. Said nondiscrimination policy shall apply to employment practices of the
Franchisee and the provision of services. The Franchisee agrees that,upon written request from
the City Manager, it will permit access, to its records of employment, employment
advertisements, application forms, and other pertinent data and records, to the City for the
purposes of investigation to ascertain compliance with the nondiscrimination provisions of this
Section;provided, however, that Franchisee shall not be required to produce for inspection any
records covering any period of time more than two (2) years prior to the effective date of this
franchise. A finding by the City Manager that Franchisee. has engaged in an unlawful
discriminatory practice, according to the•regulations and procedures set forth in Chapter 62 of
the City Code, shall constitute a breach of this Agreement.
SECTION 20. RECYCLING SERVICES REQUIREMENTS
20.1 In accordance with the provisions of Sections 90-231, 90-340, and 90-341 of the City
Code, during the Renewal Term of this franchise, Franchisee shall comply with the
following recycling requirements:
12
• (a) As a condition of the franchise, each franchisee shall be required to
offer directly, or through a subcontractor, who shall be licensed by
the City and state, recycling for any and all accounts serviced by the
Franchisee (including, without limitation, any and all residential and
commercial accounts).
(b) All of Franchisee's contracts (within the jurisdictional limits of the
City of Miami Beach) for waste collection and disposal services
(accounts) for multifamily residences and commercial accounts shall
also include a proposal to provide recycling services. Such recycling
proposal shall, to the maximum extent that is commercially feasible,
maximize recycling activity in the City, and provide for sufficient
flexibility in recyclable materials, container size, and location, as is
both necessary and consistent for the particular account.
(c) Whether directly provided, or subcontracted with a qualified
recycling contractor, each recycling proposal shall require
Franchisee to disclose to the contract holder the savings offset that is
anticipated as a result of the recycling and the consequent reduction
of solid waste disposed; provided, however, that the recycling
proposal (and the required savings offset) shall remain within the
purview of the Franchisee and the multifamily or commercial
account holder to negotiate.
(d) Pursuant to Section 90-231(b) of the City Code, with respect to
multifamily residences only, each of Franchisee's contracts must
disclose to an account holder that in the event that the recycling bid
and/or price quote (hereinafter, the offer) provided by the contractor
to an account holder •who is an owner, occupant, or operator or
manager of an apartment building or the multifamily residence, is
deemed unfair by said owner, occupant, or operator or manager,
then the aggrieved party may file a protest with the City Manager, in
writing, within 30 days of receipt of the offer by the aggrieved party;
the protest must include a copy of the offer; and must clearly state
the reasons and grounds upon which that the aggrieved party
considers the offer to be unfair.
(e) Franchisee must appropriately designate the recycling collection
containers that it provides to customers. The containers must contain
the appropriate signage and information, as shall be established and
approved by the City. Additionally, Franchisee shall assist and
provide written notice to the Director of Public Works in identifying
multifamily accounts and commercial accounts which do not have a
recycling program or, in the alternative, which have allowed a
recycling program to lapse or expire.
13
20.2 PURSUANT TO SECTION 90-340 OF THE CITY CODE, AND EFFECTIVE
NOVEMBER 1, 2014, FRANCHISEE SHALL OFFER THOSE RECYCLING
SERVICES FOR ANY MULTI-FAMILY RESIDENCE WITH TWO (2) OR
MORE DWELLING UNITS, AS A SINGLE-STREAM RECYCLING PROCESS
OR AS A MODIFIED RECYCLING PROGRAM, AS MORE PARTICULARLY
SET FORTH IN SECTION 90-344.
(a) Pursuant to Section 90-340(b), the recycling services for multifamily
residences shall consist of a single-stream recycling process. The single-
'stream recycling process shall separate, from all other solid waste, the
five(5)following recyclable materials:
1. 90-340(b)(1)Newspaper. Used or discarded newsprint, including
any glossy inserts;
2. 90-340(b)(2) Glass. Glass jars, bottles, and containers of clear,
green or amber (brown) color of any size or shape used to store
and/or package food and beverage products for human or animal
consumption, and/or used to package other products, which must
be empty and rinsed clean or residue. This term excludes
ceramics, window or automobile glass,mirrors, and light bulbs;
3. 90-340(b)(3) Metal food and beverage containers. All ferrous
and nonferrous (i.e., including,but not limited to, steel,tin-plated
steel, aluminum and bimetal) food and beverage containers (i.e.,
including, but not limited to, cans, plates, and trays) of any size
or shape used to store and/or package food and beverage
products suitable for human or animal consumption, which must
be empty and rinsed clean or residue;
4. 90-340(b)(4) Other metal containers. All other ferrous and
nonferrous containers used to package household products
including, but not limited to, paint cans and aerosol cans, which
must be empty and rinsed clean or reside; and
• 5. 90-340(b)(5) Plastics. All high density polyethylene (HDPE)
and/or polyethylene terephthalate (PET) bottles, jugs, jars,
cartons, tubs, and/or other containers, and lids, of any size or
shape used to package food, beverages, and/or other household
products, or crankcase oil,which must be empty and rinsed clean
14
• of residue. This term excludes all plastic film,plastic bags,vinyl,
rigid plastic(i.e.,toys), and plastic foam materials.
20.3 Franchisee shall offer recycling services for commercial establishments, as a single-
stream recycling process, as more particularly set forth in Section 90-341 of the City
Code, or as a modified recycling program, as more particularly set forth in Section 90-
344 of the City Code. •
(a) The single-stream recycling process shall separate, from all other solid
waste,the following recyclable materials:
1. 90-341(b)(1)Newspaper, cardboard, magazines, and catalogues,
telephone books and/or directories, and office paper; used or
discarded newsprint, including any glossy inserts;
2. 90-341(b)(2) Glass. Glass jars, bottles, and containers of clear,
green or amber (brown) color of any size or shape used to store
and/or package food and beverage products for human or animal
consumption, and/or used to package other products which must
be empty and rinsed clean or residue. This term excludes
ceramics, window or automobile glass,mirrors, and light bulbs;
3. 90-341(b)(3) Metal food and beverage containers. All ferrous
and nonferrous (i.e., including,but not limited to, steel, tin-plated
steel, aluminum and bimetal) food and beverage containers (i.e.,
including, but not limited to, cans, plates, and trays) of any size
or shape used to store and/or package food and beverage
products suitable for human or animal consumption, which must
be empty and rinsed clean or residue;
4. 90-341(b)(4) Other metal containers. All other ferrous and
nonferrous containers used to package household products
including, but not limited to, paint cans and aerosol cans, which
must be empty and rinsed clean or reside; including scrap metal,
which shall mean used or discarded items suitable for recycling,
consisting predominantly of ferrous metals, aluminum, brass,
copper, lead, chromium, tin, nickel or alloys thereof including,
but not limited to, bulk metals such as large metal fixtures and
appliances (including white goods such as washing machines,
refrigerators, etc.), but excluding metal containers utilized to
store flammable or volatile chemicals, such as fuel tanks;
15
5. 90-341(b)(5) Plastics. All high density polyethylene (HDPE)
and/or polyethylene terephthalate (PET) bottles, jugs, jars,
cartons, tubs, and/or other containers, and lids, of any size or
shape used to package food, beverages, and/or other household
products, or crankcase oil, which must be empty and rinsed clean
of residue. This term excludes all plastic film,plastic bags,vinyl,
rigid plastic (i.e.,toys), and plastic foam materials;
6. 90-341(b)(6) Textiles; and
7. 90-341(b)(7) Wood. Clean wood waste and/or pieces generated
as by-products from manufacturing of wood products. It excludes
clean yard waste and clean waste (i.e., natural vegetation and
minerals such as stumps, brush, blackberry vines, tree branches,
and associated dirt, sand, tree bark, sand and rocks), treated
lumber, wood pieces, or particles containing chemical
preservatives, composition roofing, roofing paper, insulation,
sheetrock, and glass.
SECTION 22. INVALIDITY—NO RIGHT OF ACTION
If this Franchise Agreement, or any provision thereof, is found to be invalid or
unconstitutional by any court of competent jurisdiction, and/or if Franchisee is prevented from
exercising its rights hereunder by present or future Federal, State, or County ordinances or laws
and Franchisee's rights under this franchise are materially impaired thereby, Franchisee shall
have no claim or cause of action against the City therefore.
SECTION 23. POWER TO REGULATE STREETS
Nothing in this Agreement shall be construed as surrender by City of its right or power
to pass ordinances regulating the use of its streets, and/or other public rights-of-way, and/or
public properties or facilities.
SECTION 24. ACCEPTANCE OF FRANCHISE
This Franchise Agreement shall be filed with the Miami Beach City Clerk within
twenty(20) days after the date of approval of the franchise by the Mayor and City Commission
16
• and execution by the parties hereto. Filing of a fully executed Franchise Agreement with the •
City Clerk shall be deemed proof of Franchisee's acceptance of the franchise.
SECTION 25. GOVERNING LAW AND EXCLUSIVE VENUE
This Franchisee Agreement shall be governed by, and construed in accordance with,the
laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, if in Federal court.
BY ENTERING INTO THIS AGREEMENT, CITY AND FRANCHISEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
SECTION 26. NOTICE
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Franchisee and the City listed below or may
be mailed by registered mail,postage prepaid(or airmailed if addressed to an address outside of
the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO FRANCHISEE: Waste Management Inc. of Florida
2125 Northwest 10th Court
Miami,Florida 33127
Attention: Jason Neal
Government Affairs Director
TO CITY: City of Miami Beach
Attn: Jimmy L. Morales, City Manager
1700 Convention Center Drive
17
Miami Beach,Florida 33139 •
(305)673-7010
WITH COPIES TO: City of Miami Beach
Attn: Roy Coley,Public Works Director
1700 Convention Center Drive
Miami Beach,Florida 33139
(305) 673-7080
And
City of Miami Beach
Attn: Public Works Sanitation Director
1700 Convention Center Drive
Miami Beach,Florida 33139
(305) 673-7616
Notices hereunder shall be effective as follows:
Notices are deemed delivered or given and become effective upon mailing if mailed to an address
in the city of dispatch, and upon actual receipt if otherwise delivered.
SECTION 27. FLORIDA PUBLIC RECORDS LAW:
Pursuant to Section 119.0701 of the Florida Statutes, if Franchisee meets the definition of
"Contractor" as defined in Section 119.0701(1)(a),Franchisee shall:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by the public agency in order-to perform the
service;
(b) Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the
18
City, at no City cost, all public records created,received, maintained
and/or directly related to the performance of this Agreement that are
in possession of the Franchisee upon termination of this Agreement.
Upon termination of this Agreement, the Franchisee shall destroy
any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records
stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or
other material,regardless of the physical form,characteristics, or means of transmission,made or
received pursuant to law or ordinance or in connection with the transaction of official business of
the City.
Franchisee's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Franchisee does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes,the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and availableat law.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
19
• IN WITNESS WHEREOF,the parties hereto have caused this Franchisee Agreement to be •
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH,FLORIDA
ATTEST:
By:
Rafael E. Granado Dan Gelber
City Clerk Mayor
FOR FRANCHISEE: WASTE MANGEMENT INC.OF
FLORIDA,a Florida corporation
ATTEST:
By:
Ronald Kaplan Timothy Hawkins
Assistant Secretary President
- APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney Date
20
RESOLUTION NO. 2019-30981
• •
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,FOLLOWING A DULY NOTICED PUBLIC HEARING AND THIRTY(30)DAYS'PRIOR
NOTICE TO ALL FRANCHISE WASTE CONTRACTORS, AS PROVIDED PURSUANT TO
SECTION 90-221 OF THE CITY CODE, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE, AT ITS JULY.26, 2019 MEETING, AND
RAISING THE FRANCHISE FEE PAID TO THE CITY BY THE CITY'S FRANCHISE WASTE
CONTRACTORS FOR SOLID WASTE COLLECTION AND DISPOSAL, FROM THE CURRENT
FRANCHISE FEE OF EIGHTEEN PERCENT(18%)OF THE FRANCHISEE'S MONTHLY GROSS
RECEIPTS,TO TWENTY PERCENT(20%)OF THE FRANCHISEE'S TOTAL MONTHLY GROSS
RECEIPTS;WITH SUCH INCREASE TO BE EFFECTIVE ON OCTOBER 1,2019.
WHEREAS pursuant to Section 90-221 of the city Code, the City Commission may raise its solid waste
collection and disposal franchise fee once yearly,with any such increase not to exceed two percent(2%); and
WHEREAS, Section 90-221 provides that a proposed franchise fee increase may be adopted by
Resolution, following a duly noticed public hearing, and with thirty (30) days' prior notice to all franchise waste
contractors; and
WHEREAS, the City Commission has not increased the solid waste collection and disposal franchise
fees since 2007,when the Mayor and City Commission adopted Resolution No.2007-26658,which increased the
franchise fee from 16%to 18%, effective October 1, 2007; and
WHEREAS, increasing the franchise fee from 18% to 20% will generate additional revenue in the
Sanitation Division's budget of approximately$84,000;and
WHEREAS, at the July 26, 2019 Finance and Citywide Projects Committee meeting, the Committee
' recommended increasing the franchise fee from 18%to 20%; and '
WHEREAS,the Public Works Department has provided the City's franchise waste contractors with notice
of the public hearing on the proposed franchise fee increase, in accordance with the requirements of Section 90-
221 of the City Code. ,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that,the Mayor and City Commission, following a duly noticed public
hearing and thirty (30) days' prior notice to all franchise waste contractors, as provided pursuant to Section 90-
221 of the City Code, accepting the recommendation of the Finance and Citywide Projects Committee,at its July
26,2019 meeting, and raising the franchise fee paid to the City by the City's franchise waste contractors for solid
waste collection and disposal,from the current franchise fee of eighteen percent(18%)of the franchisee's monthly
gross receipts, to twenty percent(20%) of the franchisee's total monthly gross receipts;with such increase to be
effective on October 1, 2019.
PASSED AND ADOPTED this ii day of September, 2019.
ATTEST:
,11414 Dan Ge:er, Mayor
Tt� t. „to. ... I*,
Rafael Granado, City C erk � .......... APPROVED AS TO
&LANGUAGE
�::', .,�',,,.. `*,�- � , FORM tuUTii�N
4fru w... & R E
MCORP ORATED: ; '—. ,�Z� CI'
c***.. ., � City Attorney Date .
-:‹49'-•
¶0H. 2038 26 9 of 2900
RESOLUTION NO. ' •2019-30982
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION OF
THE CITY'S EXISTING NON-EXCLUSIVE FRANCHISE WASTE
CONTRACTOR AGREEMENTS AND SERVICE AGREEMENT WITH,
RESPECTIVELY: 1)WASTE MANAGEMENT INC. OF FLORIDA; AND 2)
PROGRESSIVE WASTE SOLUTIONS OF FL, INC., ON A MONTH-TO-
MONTH BASIS, COMMENCING ON OCTOBER 1, 2019, FORA PERIOD
NOT-TO-EXCEED SIX (6) MONTHS; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE FOREGOING
AGREEMENTS WITH EACH OF THE CITY'S FRANCHISE WASTE
CONTRACTORS, TO MEMORIALIZE THE FOREGOING EXTENSION
AND THE INCREASE OF THE CITY'S FRANCHISE FEE,AS APPROVED
BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 2019-
2019-30981 ; AND FURTHER, DIRECTING THE ADMINISTRATION TO
NEGOTIATE A NEW SERVICE AGREEMENT WITH THE
FRANCHISEES, SUBJECT TO FINAL APPROVAL THEREOF BY THE
CITY COMMISSION, AT WHICH TIME THE CITY COMMISSION SHALL
ALSO DETERMINE WHETHER TO RENEW THE EXISTING FRANCHISE
AGREEMENTS FOR THE REMAINDER OF THE RENEWAL TERM
PROVIDED IN SECTION 90-230(B) OF THE CITY CODE.
WHEREAS, in 2013, the City issued a Request for Qualifications (RFQ) for a
franchise for waste haulers; and
WHEREAS, pursuant to Resolution No. 2014-28681, the City entered into a Non-
Exclusive Franchise Waste Contractor Agreement with (1) Waste Management Inc. of
Florida, and (2) Progressive Waste Solutions of FI, Inc., and further, the City entered into
a separate Service Agreement with the foregoing contractors for municipal solid waste
and recycling services; and
WHEREAS, the City's Non-Exclusive Franchise Waste Contractor Agreements,
and the related Service Agreement had an initial term of five (5) years, effective as of
October 1, 2014, and contemplated a renewal term, at the City's option, of up to three (3)
years; and
WHEREAS, as the current providers are performing at an acceptable level, the
Administration has recommended the renewal of the foregoing agreements on a month-
to-month basis, for a period not-to-exceed six (6) months, pending negotiations with the
franchisees of a new service agreement for municipal solid waste and recycling services,
with additional public benefits to the City; and
WHEREAS, on July 31, 2019, the Finance and Citywide Projects Committee
(FCWPC) discussed the renewal, and recommended that the item be forwarded to the
City Commission for its consideration; and
Page 2660 of 2900
WHEREAS, on July 26, 2019, the FCWPC recommended that the City
Commission increase the franchise fee set forth in Section 90-221 of the City Code, from
the current franchise fee of eighteen percent (18%) to twenty percent (20%) of the
franchisee's monthly gross revenues; and
WHEREAS, if the City Commission approves the extension of the existing
agreements, and also approves the proposed increase to the franchise fee, the foregoing
would be memoralized in an amendment to the City's agreements with Waste
Management Inc. of Florida, and with Progressive Waste Solutions of FI, Inc.; and
WHEREAS, the six month extension will permit the Administration to negotiate the
new Service Agreement with the franchisees, and present the final negotiated agreement
to the City Commission for its consideration and approval, at which time the City
Commission shall also consider whether to renew the existing franchise agreements for
the remainder of the renewal term provided in Section 90-230(b) of the City Code.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve an extension of the City's existing,Non-Exclusive Franchise
Waste Contractor Agreement and Service Agreement with, respectively: 1) Waste
Management Inc. of Florida; and 2) Progressive Waste Solutions of Fl, Inc., on a month-
to-month basis, for a period not-to-exceed six (6) months; authorize the Mayor and City
Clerk to execute an amendment to the foregoing agreements with each of the City's
franchise waste contractors, to memorialize the foregoing extension and the increase of
the City's franchise fee, as approved by the City Commission pursuant to Resolution No.
2019-30981 ; and further, direct the Administration to negotiate a new Service
Agreement with the franchisees, subject to final approval thereof by the City Commission,
at which time the City Commission shall also determine whether to renew the existing
franchise agreements for the remainder of the renewal term provided in Section 90-230(b)
of the City Code.
PASSED AND ADOPTED this II _ day of September, 2019.
•
ATTEST:
Dan Gelber, Mayor
Rafael Granado, City Clerk APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
-2(1r.
City Attorney n ._, f, Date
Page 2661 of 2900 •
SERVICE AGREEMENT BY AND AMONG THE
CITY OF MIAMI BEACH
AND
WASTE CONNECTIONS OF FLORIDA,INC. (f/k/a PROGRESSIVE WASTE
SOLUTIONS OF FL,INC.);
AND
WASTE MANAGEMENT INC. OF FLORIDA;
FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES AND COLLECTION
OF RECYCLABLE MATERIALS AT CITY OWNED PROPERTIES,PARKS,
RIGHTS OF WAY,AND OTHER PUBLIC FACILITIES AND PROPERTY(IES)
This Service Agreement (Agreement) is entered into this day of October, 2019,
by and among the City of Miami Beach, Florida (City); Waste Connections of Florida, Inc. (f/k/a
Progressive Waste Solutions of FL, Inc.), a Delaware corporation authorized to conduct business
in the state of Florida; and Waste Management Inc. of Florida, a Florida corporation
(collectively, Contractors), for the purpose of providing additional solid waste collection services
and collection of recyclable materials (Recycling Services) at City facilities,parks,rights of way
and other City-owned property(ies) within the City of Miami Beach city limits (collectively, the
Collection Area), and such other services as may be required by the City, as more particularly set
forth herein.
RECITALS:
WHEREAS, at the October 16, 2013 City Commission Meeting, the Mayor and City
Commission authorized the City Administration to issue Request for Qualifications No. 2013-
178SR for franchise waste contractors to provide municipal solid waste (MSW) collections and
Page 2662 of 2900
disposal services, including additional solid waste/recycling services at City-owned properties
(the RFQ); and
WHEREAS, at the July 23, 2014 City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-28681, accepting the recommendation of the City
Manager pertaining to the ranking of proposals pursuant to the RFQ, and authorizing the
Administration to enter into negotiations for franchise agreements with the Contractors; and
WHEREAS, in addition to authorizing the Administration to negotiate and, if successful,
execute a Non-Exclusive Franchise Waste Contractor Agreement with each Contractor (each, a
"Franchise Agreement"), as a condition of the award of such agreements, the Mayor and City
Commission also authorized the Administration to negotiate and, if successful, execute a new
Service Agreement with the Contractors for MSW and Recycling Services, including other
related public benefits to the City, which, at a minimum, should contain the same (or more
favorable)business terms than the existing service agreement; and
WHEREAS, , the Franchise Agreements, and the related Service Agreement, had an
initial term of five(5)years, effective as of October 1, 2014, and contemplated a renewal term, at
the City's option, of up to three(3)years; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted
Resolution No. 2019-30981, pursuant to Section 90-221 of the City Code, increasing the
franchise fee paid to the City by each Contractor, from eighteen percent (18%) of the
Contractor's monthly gross receipts, to twenty percent (20%) of the Contractor's monthly gross
receipts, effective October 1,2019; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted
Resolution No. 2019-30982, extending the existing Franchise Agreements on a month-to-month
basis for a maximum period of six (6) months, and providing that the renewal of the Franchise
2
Page 2663 of 2900
Agreement for the remainder of the three (3) year renewal term provided under Section 90-
230(b) of the City Code, shall be subject to negotiation of mutually acceptable terms for a new
Service Agreement,with additional public benefits to be provided to the City; and
WHEREAS,the Contractors and the City have also agreed to the terms contained in this
Service Agreement, in connection with the simultaneous extension of the Franchise Agreements
for the three (3) year renewal of the Franchise Agreement provided under Section 90-230(b) of
the City Code,with such renewal effective as of October 1, 2019; and
WHEREAS, the City intends, and Contractors acknowledge and agree, that the Service
Agreement shall run concurrently with the term of the Franchise Agreements; and
WHEREAS, the City has been induced, in part, to execute this Agreement and the
Franchise Agreements, based upon Contractors' commitment to provide the additional public
benefits/services to the City included in Exhibit"A"hereto.
NOW THEREFORE, City and Contractors, in consideration of the mutual covenants
herein contained, agree as follows:
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into
this Agreement.
2. LIAISON BETWEEN CITY AND CONTRACTORS
All dealings, contracts,notices and payments between Contractors and the'City under this
Agreement shall be directed by Contractors to the City Manager or the Authorized
Representative, defined herein.
3. COMMENCEMENT OF WORK AND SERVICES
The work and services outlined herein shall commence immediately upon receipt of a
Notice to Proceed issued by the City Manager or the Authorized Representative, as
hereinafter defined.
3
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4. TERM
4.1 The initial term of the Agreement shall be for a three (3) year period,
commencing retroactively on October 1, 2019 (Commencement Date), and
terminating on September 30,2022 (Term).
4.2 Notwithstanding subsection 4.1 above, this Agreement shall be subject to periodic
review by the Mayor and City Commission, with the first review period
commencing on or about six (6) months from the Commencement Date of this
Agreement, as set forth in subsection 4.1, and thereupon on or about a date every
six (6) months thereafter throughout the Term hereof. The City Commission's
review shall be discretionary, and shall assure that the terms and conditions of the
Agreement are being complied with and, particularly, that Contractors'
performance pursuant to the Agreement does not adversely impact Contractors'
performance •as franchisees, including, without limitation, their •fees, rate
structure, costs (i.e. increases), in such a manner as to negatively impact their
duties to "private" customers in the City (as set forth in the Franchise
Agreements). In the event that the City Commission, in its sole reasonable
discretion, determines that there has been such an adverse impact, it reserves the
right to terminate this Agreement for convenience,pursuant to Section 20 hereof.
5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee designated in writing by the City
Manager to represent the City in the administration and supervision of this
Agreement. The City Manager's Authorized Representative shall be the City's
Sanitation Division Director, unless otherwise changed, in writing, by the City
Manager.
5.2 City: City of Miami Beach,Florida, and its authorized representatives.
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5.3 City Manager: The City Manager of the City of Miami Beach,Florida.
5.4 Construction and Demolition Debris: Discarded material generally considered not
to be water-soluble or hazardous, including, without limitation, steel, concrete,
glass,brick, asphalt roofing material, or lumber from a construction or demolition
project. Commingling construction and demolition debris with any amount of
other types of solid waste will cause it to be classified as other than construction
and demolition debris.
5.5 Contractor(s): The person(s), firm(s), corporation(s), holding company(ies),
organization(s), agency(ies), or other entity(ies) with whom the City has executed
this Agreement for performance of the work. All successors to Contractors are
included in this definition.
5.6 Disposal Costs: The "tipping fees" charged to Contractors for disposal of the
garbage and trash collected by Contractors.
5.7 Garbage: Every refuse accumulation of animal, fruit, vegetable or organic matter
that attends the preparation, use, cooking and dealing in or storage of meats, fish,
fowl, fruit or vegetables, and decay,putrefaction and the generation of noxious or
offensive gases or odors, or which, during or after decay, may serve as breeding
or feeding material for flies or other germ-carrying insects.
• 5.8 Garbage Can or Container: A container which has been approved for use in the •
City by the City Manager, made of galvanized metal, durable plastic or other
suitable material of a capacity not less than ten gallons but not to exceed 30
gallons for collection of solid waste awaiting pickup and disposal. Such can or
container shall have two handles upon the sides thereof, or a bail,by which it may
be lifted, and shall have a tightening solid top
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5.9 Gross Receipts: As referred to herein, Gross Receipts shall mean the entire
amount of the fees collected by the Contractors (whether wholly or partially
collected) for solid waste collection, and disposal within the City, but excluding
any sales tax, or other tax, governmental imposition, assessment, charge or
expense of any kind, collected by the Contractor from the account holder and
required by law to be remitted to the taxing or other governmental authority, and
further excluding fees from servicing rolloff and portable containers.
5.10 Industrial Wastes: Any solid waste generated by construction, land cleaning,
excavating of structures, roads, streets, sidewalks or parkways, and including,
without limitation,waste collected for recycling,and oil, grease, and petroleum.
5.11 Landfill: Any solid waste land disposal area for which a permit, other than a
general permit, is required by Section 403.707, Florida Statutes, that receives
solid waste for disposal in or upon land other than land-spreading site, injection
well,or surface impoundment.
5.12 Loose Refuse: Any refuse, either garbage or trash, stored in and collected from
any type of container other than a mechanical container or garbage can. Refuse
which is collected from the ground is considered loose refuse.
5.13 Mechanical Container: Any detachable metal container designed or intended to be
mechanically dumped into a loader/packer type of garbage truck used by the
Contractors.
5.14 Market Share: The Market Share, as referenced herein, shall be determined by the
Authorized Representative, in his sole and reasonable discretion, by taking the
total amount of Gross Receipts for a particular Contractor and dividing it by the
total amount of Gross Receipts for all Contractors collectively. The Market Share
Page 2667 of 2900
1
for each respective Contractor shall be calculated, by the City's Authorized
Representative, on September 1 of each year during the Term of this Agreement.
5.15 Recyclable Materials: Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste. Any
recyclable material mixed with solid waste shall be considered to be solid waste.
5.16 Recycling: Any process by which recyclable materials are collected, separated, or
processed to be reused or returned to use in the form of raw materials or products.
5.17 Recycling Container: A container approved by the city manager for collection of
recyclable material by a recycling contractor.
5.18 Refuse: Both rubbish and garbage or a combination or mixture of rubbish and
garbage, including paper, glass, metal, and other discarded matter, excluding
recyclable materials.
5.19 Refuse Regulations: Regulations, prescribed by the City together with such
administrative rules, regulations, and procedures as may be established for the
purpose of carrying out or making effective the provisions of the Agreement.
5.20 Remodeling and Home Repairs Trash: Materials accumulated during the course of
a self-performed improvement project, prepared so as not to exceed five (5) feet
in length or forty(40)pounds in weight.
• 5.21 Rolloff Container: A metal container, compacted or open, approved by the city •
manager or his designee, that is designed and used by rolloff contractors for the
collection and disposal of construction and demolition debris; large quantities of
trash; and/or bulky waste;but not garbage or commercial refuse.
5.22 Rubbish: Rubbish or trash means refuse accumulations of paper, excelsior, rags,
wooden or paper boxes or containers, sweepings and all other accumulations of a
nature other than garbage, which are usual to housekeeping and to the operation
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of stores, offices, and other places of business; and any bottles, cans or other
containers, which, due to their ability to retain water, may serve as breeding
places for mosquitoes or other water-breeding insects. Rubbish shall not include
industrial waste.
5.23 Solid Waste: Solid waste includes bulky waste, commercial refuse, garden trash,
tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash,
hazardous waste, biohazardous waste, industrial waste, residential refuse, white
goods, or other discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from domestic, industrial, commercial, mining, or
agricultural operations.
5.24 Solid Waste Disposal Facility: Any solid waste management facility which is the
final resting place for solid waste, including landfills and incineration facilities
that produce ash from the process of incinerating municipal solid waste.
5.25 Special Handling Waste: Solid wastes that can require special handling and
management, including, without limitation, white goods, furniture, mattresses,
and other bulky items of household trash; oils; whole tires; lead-acid batteries;
and hazardous and biohazardous wastes; but excluding special handling garden
trash.
5.26 Special Handling Garden Trash: Accumulation of tree branches, tree limbs,'parts
of trees, bushes, and shrubbery over ten inches in diameter; which does not
exceed four feet in length, and is too large to be containerized or bundled and tied.
5.27 Trash: Trash means the same as"rubbish."
5.28 Waste/Solid Waste: Solid waste includes bulky waste, commercial refuse, garden
trash, tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash,
hazardous waste, biohazardous waste, industrial waste, residential refuse, white
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goods, or other discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from domestic, industrial, commercial, mining, or
agricultural operations.
5.29 White Goods: Discarded refrigerators, ranges, water heaters, freezers, and other
similar domestic and commercial large appliances.
5.30 Yard Trash — Regular: Vegetative matter resulting from yard and landscaping
maintenance, including materials such as tree and shrub trimmings, grass
clippings, palm fronds, or small tree branches not in excess of four (4) feet in
length and four (4) inches in diameter. Such trash shall be bundled or placed on
containers which are susceptible to normal loading and collection as other
residential solid waste. No bundle or filled container shall exceed fifty (50)
pounds in weight.
5.31 Yard Trash— Bulk: Large cuttings of vegetative and wood matter which are part
of normal yard maintenance which cannot be cut for placement in container,bag,
of bundle due to the material exceeding the weight and size restrictions for regular
yard trash. Bulk yard trash shall be of a type as to be readily handled by the
mechanical equipment of Contractors and bulk yard material shall not exceed six
(6) feet in length. Bulk yard trash does not include any form or matter or debris
resulting from treeremoval,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 Contractors if cut to
length of six (6) feet or less and bundled. Bulk yard trash does not include
automobiles, automotive components,boats, and internal combustion engines.
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6. GENERAL PROVISIONS FOR SOLID WASTE COLLECTION/DISPOSAL
PROGRAM, ROLLOFF WASTE CONTAINER PROGRAM, AND
COLLECTION OF RECYCLABLE MATERIALS
6.1 THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE SOLID
WASTE COLLECTION/DISPOSAL PROGRAM, AS SET FORTH IN
SECTION 7 OF THIS AGREEMENT; THE ROLLOFF WASTE
CONTAINER PROGRAM, AS SET FORTH IN SECTION 8 OF THIS
AGREEMENT; AND THE COLLECTION OF RECYCLABLE
MATERIALS,AS SET FORTH IN SECTION 9 OF THIS AGREEMENT.
6.2 Contractors shall provide, at their own expense, all labor, insurance, supervision,
machinery and equipment, plant building, trucks, and any other tools, equipment,
accessories, and items necessary to maintain the standard of collections and
disposal set forth herein.
6.3 Protection of Adjacent Property and Utilities: Contractors shall conduct all work
in such a manner as to avoid damage to adjacent private or public property and
shall immediately repair or pay for any damage incurred through their operations.
Contractors shall take cognizance of all existing utilities and shall operate with
due care in the vicinity of such utilities and shall immediately repair (or have
repaired), at no cost to the City, any breakage or damage caused by.their
operations.
6.4 Spillage: Contractors shall not litter or cause any spillage to occur upon the
premises or the rights-of-way wherein the collection shall occur. In the event of
any spillage caused by Contractors, clean-up of spillage shall occur within four
(4) hours of notice by City to Contractors, and if the spillage is not picked up
within four (4)hours, the City may, at its sole discretion, pick up the spillage and
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bill the responsible Contractor for the pick-up, which the responsible Contractor
shall promptly pay. Notwithstanding the foregoing, Contractors may refuse to
collect any solid waste or recyclable materials that have not been placed in a
garbage can or container, or tied, or enclosed so that leaking, spilling, and
blowing are prevented.
6.5 Receptacle: Contractors shall be required to pick up all garbage and rubbish, as
contemplated herein (which has been properly prepared and stored for collection)
as follows: all garbage, trash, and rubbish shall be placed in a garbage can or in
such other plastic disposal bag and shall be placed at curbside on or at such other
single collection point as may be agreed upon by Contractors and the City. Non-
containerized trash shall be collected provided that it does not exceed four(4)feet
in length or fifty (50) pounds in weight for any piece or segment of such
materials. All recyclable materials shall be placed in a recycling container at
curbside on or at any such other single collection point as may be agreed upon by
Contractors and the City.
6.6 Method of Collection: As to all collections contemplated by this Agreement,
Contractors shall make collections with a minimum of noise and disturbance to
the properties being serviced and/or the surrounding neighborhood(s). Any
garbage, trash, or recyclable materials spilled by Contractors shall be picked up
immediately by Contractors. Garbage receptacles and recycling containers shall
be handled carefully by Contractors, shall not be bent or otherwise abused, and
shall be thoroughly emptied and left at the proper collection point. Metal cans
shall be replaced upright with covers securely and properly in place, or can be
inverted with covers placed topside up on the ground next to the container. Plastic
cans shall be inverted with covers placed topside up on the ground next to the
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container. Any receptacle found in a rack, cart, or enclosure of any kind shall be
turned upright in such rack, cart, or enclosure, and lids shall be placed securely on
top of said receptacles. In the event of damage caused by Contractors to garbage
receptacles or recycling containers, other than normal wear and tear, Contractors
shall be responsible for the timely repair or replacement of said receptacles or
containers within seven(7) days of receipt of notice from the City.
6.7 Schedules and Routes: Contractors shall provide the City with schedules for all
collection routes (including for servicing of rolloff containers) and keep such
information current at all times. If any change in the collection routes occurs,then
the City shall be immediately notified in writing. All permanent changes in routes
or schedules that alter the day of pickup are subject to approval of the City
Manager or his designee. The City reserves the right to deny Contractors' vehicles
access to certain streets, alleys, and rights of way within the City, en route to the •
disposal site,when it is in the interest of the City to do so because of the condition
of the streets or bridges. The City shall not interrupt the regular schedule or
quality of service because of a street closure of less than eight (8) hours in
duration. The City shall notify Contractors of any street closures of longer
duration, and arrangements for service will be made in a manner satisfactory to
the City. •
6.8 Force Majeure: Contractors' performance and/or work hereunder may be delayed
or suspended at any time while, but only so long as, Contractor is hindered in or
prevented from performance by acts of God, the elements, war, rebellion, strikes,
lockouts, or any other cause beyond the reasonable control of Contractor;
provided, however, that if the hindrance or prevention of performance exceeds a
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period of thirty(30) days, the City may, at its sole option and discretion, cancel or
renegotiate this Agreement.
6.9 Collection Equipment: Contractors shall have on hand at all times sufficient
equipment in good working order to permit Contractors to perform their duties
hereunder fully, adequately, and efficiently (including servicing of rolloff
containers). Garbage collection equipment and recycling collection equipment
shall be kept clean, sanitary, neat in appearance, and in good repair at all times.
Contractors shall at all times have available to them reserve equipment which can
be put into service and operation within two (2) hours of any breakdown. Such
reserve equipment shall substantially correspond in size and capability to the
equipment normally used by Contractors to perform their duties hereunder.
6.10 Quantities of Solid Waste and Recyclable Materials: Contractors represent and
warrant that they have reviewed the City's collection records and understand that,•
at certain times during the year, the quantity of refuse and recyclable materials to
be disposed of(including refuse in rolloff containers) is materially increased by
the influx of visitors. Contractors agree that seasonal fluctuation will not be
justification for Contractors to fail to maintain the required collection schedules
and routes or to justify a rate increase.
6.11 Disposal at a Solid Waste Disposal Facility: Contractors hereby represent'and
warrant to the City that all solid waste collected by them under this Agreement
(including rolloff containers) shall be disposed of only at a duly licensed and
permitted solid waste disposal facility (as defined herein). The City reserves the
right to approve or disapprove said facility. In the event Contractors relocate solid
waste collected hereunder from an existing solid waste disposal facility to
another, other than on a temporary basis, Contractors shall notify City in writing,
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within ten (10) days, and Contractors shall also, within said ten (10) day period,
provide the City with the licenses and permits for said new facility.
7. SOLID WASTE COLLECTION/DISPOSAL PROGRAM
7.1 Contractors shall provide solid waste collection services to City facilities, parks,
litter cans in the public right of way, and City-owned and/or other public
property(ies) within the City limits of Miami Beach, and as more specifically set
forth in Exhibit"A", attached and incorporated herein.
•
•
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8. ROLLOFF WASTE CONTAINER PROGRAM
8.1 Contractors shall place and service rolloff containers, as specifically set forth in
Exhibit"A"hereto. Prior to placing any rolloff container, Contractors shall obtain
the required license(s) and permit(s) from the City Manager, as required pursuant
to Chapter 90 of the Miami Beach City Code. A copy of the current permit
application, as may be amended from time to time, is attached hereto and
incorporated herein as Exhibit"B".
8.2 Frequency of Collection: Contractors shall service all rolloff containers, as
provided in Exhibit"A"hereto.
9. COLLECTION OF RECYCLABLE MATERIALS
9.1 Scope of Work: Contractors shall provide recycling collection services to City
facilities, parks, recycling containers in the public right of way, and City-owned
and other public property(ies) within the City limits of Miami Beach, as
specifically set forth in Exhibit"A"hereto.
9.2 Frequency of Collection: Contractors shall service all recycling containers as
provided in Exhibit"A"hereto.
10. CONTRACTORS' PERSONNEL
10.1 Contractors' Officer(s): Contractors shall each assign a qualified person or
persons to supervise the operations within the Collection Area. Contractors shall
give the names of these persons to the City. Information regarding each person's
experience and qualifications shall also be furnished. Supervisory personnel must
be available for consultation with the City Manager or the City Manager's
designee within a reasonable, practicable time,upon receiving notice of a request
for such consultation. The supervisor(s) shall operate a vehicle which is radio
equipped.
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10.2 Conduct of Employees: Contractors shall see to it that their employees serve the
public in a courteous,helpful and impartial manner. No trespassing by employees
will be permitted nor crossing property of neighboring premises unless residents
or owners of both such properties have given permission in writing. Care shall be
taken to prevent damage to property including, without limitation, cans, carts,
racks, trees, shrubs, flowers, and other plants. Each vehicle operator shall, at all
times, carry a valid driver's license for the type of vehicle that is being driven.
Contactors shall provide operation and safety training for all personnel.
10.3 Nondiscrimination: Contractors and the City agree that Contractors' compliance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City
Code, as may be amended from time to time, shall be a material term of this
Agreement. Pursuant to the Human Rights Ordinance, Contractors shall not
unlawfully discriminate against their employees, on the basis of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation,
marital and familial status,age,or disability.
10.4 Employee Uniform Regulations: Contractors' employees shall wear a uniform or
shirt bearing the company's name. Contractors shall furnish to each employee an
identifying badge, not less than two and one-half(2 1/2") inches in diameter, with
numbers Sand letters at least one (1") inch high, uniform in type. Employees shall
be required to wear such badges while on duty. Lettering stitched on or
identifying patches permanently attached to uniform shirts and jackets will be
acceptable. Contractors shall keep a record of employees' names, numbers and
route assignments in a manner to allow identification of employees at all times.
Contractors shall provide a current employee list(s)to the City within twenty-four
(24)hours of written notice from the City.
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10.5 Compliance with State, Federal, County and City Law: Contractors shall comply
with all applicable City (including, without limitation, Chapter 90 of the Miami
Beach City Code, as amended from time to time), Miami-Dade County, State of
Florida, and Federal laws, as may be now or hereinafter in effect.
10.6 Fair Labor Standards Act: Contractors are required and hereby agree, by
execution of this Agreement, to pay all employees not less than the greater of the
Federal or Florida minimum wage and to abide by other requirements, as
established by the United States Congress in the Fair Labor Standards Act, as
amended from time to time.
11. CONTRACTORS' OFFICE
Contractors shall each provide, at their expense, a suitable office located within, or in
close proximity to, Miami-Dade County, open between 8:00 A.M. and 5:00 P.M.,
Monday through Friday, with a telephone number where complaints shall be received,
recorded and handled during normal working hours of each week, and shall provide for
prompt handling of emergency complaints and all other special calls in accordance with
Section 14 hereof. The office shall include recording equipment for receipt and logging
of off-hours calls.
Notification to City: Contractors shall notify the City, in writing, about complaint
procedures,rates, and regulations.
12. CONTRACTORS' PERFORMANCE
Contractors' performance pursuant to this Agreement shall be supervised by the City
Manager or the Authorized Representative. If at any time during the term of the
Agreement, performance is considered unsatisfactory by the City Manager or the
Authorized Representative, Contractors shall immediately take all steps necessary and
implement such procedures as required to properly perform under the Agreement,
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including, without limitation, increasing the workforce, tools, and equipment. The failure
of the City Manager or the Authorized Representative to give such notification shall not
relieve Contractors of their obligation to perform all work at the time and in the manner
specified by the Agreement.
Contractors shall furnish the City Manager or the Authorized Representative with any
information relating to the Agreement, in order for the City to ascertain whether or not
the work, as performed, is in accordance with the requirements of the Agreement.
The City Manager may appoint qualified persons to inspect Contractors' operation and
equipment at any reasonable time, and Contractors shall admit authorized representatives
of the City to make such inspections at any reasonable time and place.
The failure of the City at any time to require performance by Contractors of any
provision herein shall in no way affect the right of the City thereafter to enforce same,
nor shall waiver by the City of any breach of provisions herein be taken as or held to be a
waiver of any breach of such provision or as a waiver of any provision itself.
13. COOPERATION/COORDINATION
The City and its authorized representatives shall at all reasonable times be permitted free
access to every reasonable facility for the inspection of all work, equipment and facilities
of Contractors.
Contractors shall cooperate with authorized representatives of the City in every way in
order to facilitate the quality and progress of the work contemplated under this
Agreement. Contractors shall have at all times a competent and reliable English speaking
representative on duty authorized to receive orders and to act for Contractors in case of
their absence.
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14. COMPLAINTS AND COMPLAINT RESOLUTION
14.1 Complaints: Contractors shall prepare (in accordance with a format approved by
the City Manager or his Authorized Representative) and maintain a register of all
complaints and indicate the disposition of each complaint. Complaints shall be
identified and such record shall be available for City inspection at all times during
business hours. The form shall indicate the date and time on which the complaint
was received and the date and time on which it was resolved. All complaints shall
be addressed within a 24 hour period, except when a complaint is received after
12:00 noon on the day preceding a holiday, or on a Saturday or Sunday, in which
case the complaint shall be addressed on the next working day. Legitimacy of
challenged complaints shall be determined on the basis of a joint inspection by the
City Manager or the Authorized Representative and a representative of
Contractor(s). Disputes shall be referred to the City Manager or his'Authorized
Representative,whose decision shall be final.
14.2 Dispute about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractors with regard to the collection of certain items
due to disputes over interpretation of language in this Agreement. The City
Manager or his Authorized Representative may from time to time contact
Contractors by telephone and/or facsimile to remove such items. Should
Contractors fail to remove the items within twenty-four (24) hours from the time
of notification,the City may remove such items, and all costs incurred by the City
shall be reimbursed by Contractors. If the City determines that this Agreement
does not require Contractors to collect and remove the disputed refuse, the
Contractors shall be entitled to reimbursement.
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15. SUBCONTRACTORS/ASSIGNMENT •
Subcontracting or assignment of this Agreement will not be permitted, whether in whole
or in part,without the prior written consent of the City Commission.
16. INSURANCE AND INDEMNIFICATION
16.1 Indemnification: Each Contractor hereunder agrees to indemnify and hold harmless
the City of Miami Beach, and its officers, employees and agents, from and against
any and all 'actions, claims, liabilities, losses, and expenses, including, but not
limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts, errors, omissions or other wrongful conduct of
said Contractor, its employees, agents, sub-contractors, or any other person or entity
acting under said Contractor's control, in connection with said Contractor's
performance of work pursuant to this Agreement and,to that extent, said Contractor •
shall pay all such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses, and shall pay all
costs and attorneys' fees expended by the City in the defense of such claims and
losses,including appeals.
Each Contractor's obligation under this Section shall not include the obligation to
indemnify the City of Miami Beach and its officers,employees and agents, from'and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees
and agents. The parties each agree to give the other party or parties prompt notice of
any claim coming to its knowledge that in any way directly or indirectly affects the
other party or parties.
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16.2 Insurance Required:
(a) Each Contractor must maintain, throughout the Term of this Agreement,
the following insurance coverage:
(1) Commercial general liability, in the amount of$1,000,000.00 per
occurrence, for bodily injury and property damage. This policy
must include coverage for contractual liability. The City of Miami
Beach Florida must be named as an additional insured on this
policy.
(2) Automobile liability, in the amount of $1,000,000.00 per
occurrence, for bodily injury and property damage, covering all
vehicles owned, leased or used by the Contractor within the limits
of the City. The City of Miami Beach, Florida, must be named as
an additional insured on this policy.
(3) Workers' compensation and employer's liability, as required under
Florida law.
(b) All companies providing insurance shall be authorized to do business in
the State of Florida and rated B+ or better by Best's Key Rating Guide,
latest edition.
(c) No change or cancellation of this insurance shall be made without thirty
(30)days' written notice to the City's Risk Manager.
(d) It is understood and agreed that all policies of insurance provided by the
Contractor are primary coverage to any insurance or self-insurance the
City possesses that may apply to a loss resulting from the work performed
by Contractors pursuant to this Agreement.
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(e) All policies issued to cover the insurance requirements under this
subsection shall provide full coverage from the first dollar of exposure.No
deductibles will be,allowed in any policies issued pursuant to this section
unless specific safeguards have been established to assure an adequate,
fund for payment of deductibles by the insured and approved by the City's
Risk Manager.
(f) As evidence of the above coverage, Contractors must provide original
certificates of insurance to the City's Risk Manager, and these must be
approved by the Risk Manager prior to commencement of services herein.
Contractor must submit a new certificate evidencing continuing or
replacement coverage prior to the expiration date of the insurance policies
and must submit annually certified copies of the liability coverage herein.
(g) Any deviation from these requirements must be approved by the City's •
Risk Manager. The City reserves the right to increase the kinds and
amounts of insurance coverage required if the City, in its sole discretion,
deems such increase necessary to protect the City.
17. DAMAGE TO OR DESTRUCTION OF EQUIPMENT
If any item of equipment is damaged, destroyed, or stolen by an event which is covered
by insurance, Contractors shall utilize the insurance proceeds to repair or replaces said
equipment. If the insurance proceeds are insufficient or the equipment has been damaged
or destroyed by an uninsured casualty, Contractors shall invest the additional funds
needed to repair or replace the equipment.
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18. EVENTS OF DEFAULT BY CONTRACTORS
Each of the following events or conditions shall constitute an event of default by a
Contractor:
(a) Any material failure by such Contractor to perform or comply with terms
and conditions of this Agreement, if said failure continues for thirty (30)
days after written notice to such Contractor demanding that such failure be
cured.
(b) Filing by or against such Contractor of a bankruptcy, receivership,
assignment for the benefit of creditors, liquidation, dissolution,
composition or reorganization petition, or other insolvency proceeding.
c) Any failure by such Contractor to perform, or any abandonment by such
Contractor of,the work or services set forth in this Agreement for a period
of seven(7) days or more, during the term of this Agreement.
d) Any finding by the City that any representations or warranties furnished
by such Contractor in this Agreement are found to be false or misleading
in any material respect when made.
e) Any breach of the Franchise Agreement.
19. REMEDIES UPON DEFAULT BY CONTRACTORS
•
• In the event of default by a Contractor,the City may,without election of remedies:
a) Without recourse to legal process, immediately terminate the Agreement
by delivery of a Notice declaring termination (which shall become
effective upon receipt by such Contractor), whereupon such Contractor
shall, at its sole cost,remove all equipment;
b) 'Exercise all remedies available at law or at equity or other appropriate
proceedings including bringing an action or actions from time to time for
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recovery of amounts due and owing to the City, and/or for damages which
shall include all costs and expenses reasonably incurred in exercise of its
remedy, and/or for specific performance; and
c) Terminate such Contractor's Franchise Agreement pursuant to the
provisions for termination of same, as provided in Chapter 90 of the City
Code.
20. TERMINATION FOR CONVENIENCE BY THE CITY
THE CITY COMMISSION, IN ADDITION TO THE RIGHTS AND OPTIONS TO
TERMINATE SET FORTH IN SECTION 19 OR IN ANY OTHER PROVISION SET
FORTH IN THIS AGREEMENT, RETAINS THE RIGHT TO TERMINATE THIS
AGREEMENT, IN WHOLE OR IN PART, AT ITS SOLE OPTION AND
DISCRETION AT ANY TIME DURING THE TERM HEREIN,FOR CONVENIENCE,
WITHOUT CAUSE,AND WITHOUT PENALTY.
Said termination for convenience shall become effective thirty (30) days following
receipt by Contractors of a written termination notice. Contractors herein agree that upon
termination for convenience there shall be no further liability to the City, nor shall the
City have any further responsibilities or obligations to Contractors hereunder.
21. GOVERNING LAW AND EXCLUSIVE VENUE
• This Agreement shall be governed by, and construed in accordance with, the laws of the •
State of Florida,both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CITY AND CONTRACTORS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
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MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,
OR ARISING OUT OF THIS AGREEMENT.
22. LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's maximum liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of $10,000.00. Contractors hereby express their willingness to
enter into this Agreement with recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of$10,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractors hereby agree that the City shall not be liable to Contractors for damages in an
amount in excess of$10,000.00 in any action or claim for breach of contract arising out
of the performance or non-performance of any'obligations imposed upon the City by.this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon City's liability as set forth in
Section 768.28,Florida Statues.
23. REPRESENTATIONS AND WARRANTIES OF CONTRACTORS.
Each Contractor warrants and represents to the City that:
a) It has all requisite power; authority, licenses, permits, and franchises,
corporate or otherwise, to execute and deliver this Agreement and perform
its obligations hereunder.
b) Its execution, delivery, and performance of this Agreement has been duly
authorized by, or is in accordance with, its organic instruments; this
Agreement has been duly executed and delivered for it by the signatories
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•
so authorized; and this Agreement constitutes its legal, valid and binding
obligation upon each Contractor.
c) Its execution, delivery, and performance of this Agreement will not result
in a breach of violation of, or constitute a default under, any agreement,
lease or instrument to which it is a party or by which it or its properties
may be bound or affected.
d) It has not received any notice, nor to the best of its knowledge is there
pending or threatening any notice of any violation of any applicable laws,
ordinances, regulations, rules, decrees, awards, permits or orders which
would materially or adversely affect its ability to perform hereunder.
e) It has, or will have, under its control as of the Commencement Date, all
equipment, machinery, manpower, and as necessary, to perform under the
Agreement.
24. COMPLIANCE WITH LAW AND STANDARD PRACTICES
Contractors shall perform their obligations hereunder in compliance with any and all
applicable Federal, State, and local Miami-Dade County and City laws, rules, and
regulations, in accordance with sound labor and safety practices, and in compliance with
any and all rules of the City relative to the work. Contractors shall be responsible for
•
• obtaining any and all government permits, consents, and authorizations, as may be
required,to perform their obligations hereunder,prior to the Commencement Date.
25. TAXES,LIENS AND FEES
At all times during the term of this Agreement, Contractors shall pay, on or before the
due date, all taxes, fees, and assessments which may be levied upon them, their
equipment, or their operations, including, without limitation, any commercial personal
property taxes, sales taxes, and intangible taxes, and Contractors shall pay, on or before
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the due date, any other charge of any character which they may incur or which may be
imposed by any public authority as an incident to title to, ownership of, or operation of
the equipment. In the event that any lien or encumbrance of any nature relating to any
Contractor's equipment or the operation or maintenance thereof is filed upon the City,
such Contractor shall have thirty (30) days from the date written notice by City to have
such lien or encumbrance bonded off or discharged.
26. NOTICES AND CHANGES OF ADDRESSES
All "Notices" to be given by any party to another party shall be in writing and must be
either delivered or mailed by registered or certified mail, return receipt requested, to the
following addresses:
To City: CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH,FLORIDA 33139
ATTENTION: MARK TAXIS
ASSISTANT CITY MANAGER
WITH A COPY TO AUTHORIZED REPRESENTATIVE:
CITY OF MIAMI BEACH
SANITATION DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH,FLORIDA 33139
ATTENTION:ALBERTO ZAMORA
DIVISION DIRECTOR
' To Contractors: WASTE CONNECTIONS OF FLORIDA,INC. •
3840 NORTHWEST 37 COURT
MIAMI,FLORIDA 33142
ATTENTION:DAMIAN RIBAR
GENERAL MANAGER
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WASTE MANAGEMENT INC. OF FLORIDA
3401 NW 110 Street
MIAMI,FLORIDA 33167
ATTENTION: JASON NEAL
GOVERNMENT AFFAIRS DIRECTOR
or such other addresses as a party may hereinafter designate by a Notice to the other
parties. Notices are deemed delivered or given and become effective upon mailing if
mailed as aforesaid and upon actual receipt if otherwise delivered.
27. NO WAIVER
The failure of Contractors or the City to insist upon the strict performance of the terms
and conditions hereof shall not constitute or be construed as a waiver or relinquishment
of either party's right to thereafter enforce the same in accordance with this Agreement in
the event of a continuing or subsequent default on the part of Contractors or the City.
28. SEVERABILITY
In the event that any clause or provision of this Agreement or any part thereof shall be
declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity
shall not affect the validity or enforceability of the remaining portions of this Agreement.
29. ASSIGNMENT
The selection of Contractors as the service providers under this Agreement is based upon
each Contractor's respective experience, capability, and financial ability to perform the
work. Contractors shall not assign, delegate or subcontract any of the rights or obligations
under this Agreement without the prior written consent of the City Commission.
30. COMPLETE AGREEMENT
This Agreement, when executed, together with all exhibits attached hereto as provided
for by this Agreement, shall constitute the entire Agreement between both parties and this
Agreement may not be amended, modified or terminated except by a writing signed by
the parties hereto. Upon execution of this Agreement, the prior Service Agreement, with
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a Commencement Date of October 1, 2008, which was authorized by Resolution No.
2009-27020, and any amendments thereto, is hereby deemed terminated and shall be of
no further force or effect, except as to those provisions under the prior Service
Agreement,which were expressly intended to survive.
31. FURTHER DOCUMENTS
The parties shall execute and deliver all documents and perform all further acts that may
be reasonably necessary to effectuate the provisions of this Agreement.
32. INDEPENDENT PARTIES
Nothing contained in this Agreement shall be deemed or construed for any purpose to
establish, between City and Contractors, a partnership or venture, a principal agent
relationship, or any relationship other than property owner and independent contractors.
33. TIME OF THE ESSENCE
Time is of the essence with respect to each and every term and condition of this
Agreement.
34. FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if any contractor meets the
definition of"Contractor"as defined in Section 119.0701(1)(a), said Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by the public agency in order to perform the
service;
(b) Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the
City, at no cost to the City, all public records created, received,
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Page 2690 of 2900
maintained and/or directly related to the performance of this
Agreement that are in possession of the Contractor upon termination
of this Agreement. Upon termination of this Agreement, the
Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to
the City in a format that is compatible with the information
technology systems of the City.
For purposes of this Article, the term"public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business of the City.
Contractor's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Contractor does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the
City's sole discretion, avail itself of the remedies set forth under this Agreement and
available at law.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials,as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH,FLORIDA
ATTEST:
By:
Rafael E. Granado Dan Gelber
City Clerk Mayor
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FOR CONTRACTOR: WASTE CONNECTIONS OF
FLORIDA, INC., a Delaware corporation authorized to conduct business in the State of
Florida
ATTEST:
By:
Patrick Shea Damian Ribar
Secretary Division Vice President
•
•
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FOR CONTRACTOR: WASTE MANGEMENT INC.OF
FLORIDA, a Florida corporation
ATTEST:
By:
Ronald Kaplan Timothy Hawkins
Assistant Secretary President
•
•
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EXHIBIT A
ADDITIONAL PUBLIC SERVICES TO BE PROVIDED
Throughout the Term of the Service Agreement, Contractors shall provide the City with the
following additional services and public benefits.
1. In addition to the recycling services each of the Contractors shall provide to the
City pursuant to the Franchise Agreement and Section 20 thereof, Contractors
shall provide Municipal Solid Waste and Recycling Services as referenced herein
- (Municipal Solid Waste and Recycling pick up at City owned facilities). The
service provided by each Contractor shall be determined by each Contractor's
current Market Share.
2. Pick-up and disposal of all City owned litter cans in the public right of way and
City parks. Contractors shall provide service seven (7) days a week; service is to
be provided before 11AM. (Exceptions: litter cans located on or in Lincoln Road,
Ocean Drive, Washington Ave. from 5th St to Lincoln Road, the beach walk,
South Pointe Park, and Open Space Park. City crews shall service these litter
cans.) The service provided by each Contractor shall be determined by each
Contractor's current Market Share.
3. Pick-up and disposal of all City-owned recycling cans in the public right-of-way
and City parks (services shall be provided two times per week). (Exceptions:
Recycle cans located on or in Lincoln Road, Ocean Drive, Washington Ave. from
5th St to Lincoln Road, the beach walk, South Pointe Park, and Open Space Park.
City crews shall service these Recycle cans.) The service provided by each
Contractor shall be determined by each Contractor's current Market Share.
4. Contractors shall provide additional support for special events by collectively, in
equal shares, providing the City with a total of fifteen (15) twenty-cubic-yard
rolloff containers (five rolloff containers per Contractor per year), and one
hundred (100) event boxes per Contractor per year. Event boxes are to be
delivered to the Sanitation Division yard. Rolloff containers to be provided will
be distributed equally amongst the Contractors.
5. On October 1st of each year during the Term of the Service Agreement, the
Contractors shall collectively provide funding, in the amount of Thirty Thousand
dollars ($60,000), to the City for up to four (4) hazardous material pickup events
per year. These two events shall be managed by the City, at sites to be specified
and approved by the City Manager. The proportionate amount due by each
Contractor shall be determined by each Contractor's current Market Share.
6. On October lSt of each year during the Term of the Service Agreement,
Contractors shall collectively provide the City with an annual cash contribution,
which sum shall be equivalent to the latest and most current purchase price of
twenty five (25) of the urban style recycling containers utilized by the City. The
proportionate amount due by each Contractor shall be determined by each
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Contractor's respective current Market Share. (The actual price in 2013 was
$1,200.00 per can.)
7. On October 1St of each year during the Term of the Service Agreement, the
Contractors shall collectively provide funds, in the total sum of eight thousand
dollars ($8,000.00), to the City for security services for the "Wasteful Weekend"
event at each of the sites where the event is held in the City each month. The
proportionate amount due by each Contractor shall be determined by their
respective current Market Share. (The actual annual cost for 2013 was $8,000.00)
8. Commencing on the first day of the month following the execution of this
Agreement, each Contractor shall pay to the City two percent (2%) of its Gross
Receipts in the City, to be used by the City to establish a fund for implementation
of sustainable initiatives in the City of Miami Beach (which initiatives shall be as
approved by the City Commission, in its sole and reasonable discretion),
provided, however, that from October 1, 2019 until the end of the month that this
Agreement is executed, Contractor shall pay to the City one and one half percent
(1.5%) of its Gross Receipts in the City, to be used for the purposes set forth in
this section. This contribution will be payable and due at the time of, and in
conjunction with, Contractors' franchise fee payments to the City.
9. On October 1st of each year during the Term,the Contractors shall pay to the City,
collectively, in equal shares, the sum of$90,000 ($45,000.00 per Contractor) per
year, to support educational programs in the City. The City Commission, in its
sole and reasonable discretion, shall determine the time, place, and manner of
such programs.
10. On October 1st of each year during the Term, the Contractors shall collectively
pay to the City the amount of$400,000. The proportionate amount due by each
Contractor shall be determined by each Contractor's current Market Share. These
funds will be used to offset costs incurred by the Sanitation Division's efforts to
eradicate illegal dumping.
11. On October 1St of each year during the Term, the Contractors collectively, in
equal shares, shall pay to the City the sum of twenty-five thousand dollars ,
($25,000) per year ($12,500 per Contractor), to support environmental programs
in the City. The City Commission, in its sole and reasonable discretion, shall
determine the time,place, and manner of such programs.
12. On October 1St of each year during the Tenn, commencing October 1, 2020, each
Contractor shall provide the City with a summary of industry innovations
regarding technologies that may be utilized in the performance of the services
provided under this Service Agreement and the Franchise Agreement. In the
event that either Contractor(s) or the City identify new, innovative or more
environmentally friendly technologies to collect, sort,process, manage, recycle or
dispose of waste materials or recyclables, Contractor(s) shall provide City with an
analysis of the feasibility of implementation of the technology, on a temporary or
permanent basis. The implementation of any such technologies shall be subject to
mutual agreement of the City and Contractor(s), including with respect to any
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applicable adjustments to compensation, time or other terms relevant to the
implementation.
13.All vehicles used by each Contractor within the geographical boundary of the City
of Miami Beach shall be equipped with vehicle located devices capable of
recording the position of the vehicle (relative street address), time, and speed.
Each Contractor shall provide a report to the City on a monthly basis, to permit
the City to verify Contractor's adherence to the City's directives, such as route
starting times, prohibitions of collection on arterials during rush hours, and
collection of materials at City facilities and containers. The format and content for
the monthly reports shall be subject to mutual agreement of City and each
Contractor. In lieu of reports, City shall accept access to a software or application
program that would provide the City with the ability to obtain the requested
information.
14. Each Contractor shall ensure that all containers designated or used for collection
and disposal of materials are clearly marked. Containers shall clearly distinguish
between containers to be used for trash, and containers to be used for recycling.
A program to standardize and maintain markings shall be presented to the City
within ninety(90) days of the effective date of this Agreement.
15. Each Contractor shall carry out a waste contamination audit("Contamination
Audit") once a year for their recycling accounts,using vehicles designated only
for collection within the limits of the City of Miami Beach. Each Contamination
Audit shall quantify the amount of recycling generated, as well as contamination
rates. Each contractor shall provide written notices to customers that have excess
amounts of contamination and,provide a list of non-compliant accounts to the City
on a monthly basis.
•
•
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•
In-Kind Service Revised 8/16/19
Facility Location # Container Freq Service
Description Hauler
555 Bldg. 555 17th St. 2 90 gal recycle 1 times/wk WC
555 Bldg. 555 17th St. 2 90 gal carts 5 times/wk WC
City Hall 1700 Convention Ctr.Dr. 2 2-yard cans 5 times/wk WC
City Hall 1700 Convention Ctr.Dr. 1 2-yard can 1 times/wk WM
City Hall 1700 Convention Ctr.Dr. 10 90 gal recycle 2 times/wk WM
Parking Garage 17th St. &Pen(640 17th St.) 1 8-yard can 7 times/wk WM
Parking Garage 17th St. &Pen(640 17th St.) 1 4-yard recycle 2 times/wk WM
1755 Meridian Ave. 1755 Meridian Ave. 1 4-yard can 5 times/wk WC
1755 Meridian Ave. 1755 Meridian Ave. 4 90 gal recycle 2 times/wk WM
Botanical Garden 2000 Convention Ctr.Dr. 2 90 gal recycle 1 time/wk WC
Botanical Garden 2000 Convention Ctr.Dr. 1 2-yard can 5 times/wk WC
Bass Museum 2121 Park Ave. 3 90 gal carts 7 times/wk WC
Bass Museum 2121 Park Ave. 2 2-yard cans 7 times/wk WC
Bass Museum 2121 Park Ave. 2 90 gal recycle 2 times/wk WC
Parks Division 2100 Meridian Ave. 1 6-yard can 5 times/wk WM
Parks Division 2100 Meridian Ave. 1 20-yard R/O 5 times/wk WM
Parks Division 2100 Meridian Ave. 2 90 gal recycle 2 times/wk WC
Parks Division 2100 Meridian Ave. 1 Clam Truck 3 times/wk WC
Youth Ctr.N. Shore 2700 Sheridan Ave. 1 4-yard can 5 times/wk WM
Youth Ctr.N. Shore 2700 Sheridan Ave. 6 90 gal recycle 2 times/wk WM
Fire Station#1 1051 Jefferson Ave. 4 90 gal carts MWF WC
Fire Station#1 1051 Jefferson Ave. 1 90 gal recycle 1 time/wk WC
Fire Station#2 2300 Pine Tree Dr. 2 90 gal recycle 1 time/wk WC
Fire Station#2 2300 Pine Tree Dr. 1 4-yard recycle 1 time/wk WM
Fire Station#2 2300 Pine\Tree Dr. 1 4-yard can 1 time/wk WM
Fire Station#2 2300 Pine Tree Dr. 5 90 gal carts MWF WC
Fire Station#3 5303 Collins Ave. 4 90 gal carts MWF WC
Fire Station#3 5303 Collins Ave. 2 90 gal recycle 1 time/wk WC
Fire Station#4 6860 Indian Creek Dr. 2 90 gal totes MWF WC
Fire Station#1 6860 Indian Creek Dr. 1 90 gal recycle 1 time/wk WC
Indian Creek Park 6300 Indian Creek Dr. 1 2-yard can 2 times/wk WM
PD N. Sub-Station 6840 Indian Creek Dr. 1 90 gal recycle 1 time/wk WC
PD N. Sub-Station 6840 Indian Creek Dr. 1 2-yard can 4 times/wk WM
PD Internal Affairs 225 Washington Ave. 6 90 gal carts 2 times/wk WC
S. Shore Comm Ctr. 833 6th St. 1 4-yard can MWFS WM
Parking Garage 7`t' St. &Collins Ave. 4 90 gal carts 7 times/wk WC
Parking Garage 1301 Collins Ave. 1 2-yard can 2 times/wk WC
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MB Golf Course 2301 Alton Rd. 1 6-yard can 7 times/wk WM
MB Golf Course 2301 Alton Rd. 4 90 gal recycle 2 times/wk WC
MB Golf Course 2301 Alton Rd. 1 4-yard cardbrd 2 times/wk WC
Facility Location # Container Freq Service
Description. Provide
r
Old City Hall 1130 Washington Ave. 2 90 gal recycle 1 time/wk WM
Old City Hall 1130 Washington Ave. 6 90 al carts 2 times/wk WM
Police Station 1100 Washington Ave. 7 90 gal recycle 2 times/wk WC
Police Station 1100 Washington Ave. 2 2-yard cans 7 times/wk WC
Sanitation Site 1001 Ocean Dr.Hard pack 1 30-yard R/O 7 times/wk WC
Flamingo Park 999 1 1th St. 11 Dual Cans 7 times/wk WM
Property Managemt. 1833-37 Bay Rd. 1 4-yard can 2 times/wk WM
Parking Department 1833-37 Bay Rd. 3 90 gal recycle 1 times/wk WM
Public Works Yard 451 Dade Blvd 1 4-yard can 5 times/wk WM
Public Works Yard 451 Dade Blvd 1 30-yard R/O On call WM
Sanitation Yard 140 MacArthur Causeway 1 30-yard R/O 3 times/wk WC
Sanitation Yard 140 MacArthur Causeway 1 20-yard R/O 3 times/wk WC
Sanitation Yard 140 MacArthur Causeway 7 90 gal recycle 1 time/wk WC
Bldg Dept.North Off 962 Normandy Dr. 1 90 gal recycle 2 times/wk WM
Bldg Dept.North Off 962 Normandy Dr. 1 1-yard can 1 times/wk WM
Police Station/Park 7030 Trouville Esplanade 2 90 gal recycle 1 times/wk WM
Police Station/Park 7030 Trouville Esplanade 1 2-yard can 3 times/wk WC
MB Ocean Rescue 7940 Collins Ave. 1 90 gal recycle 1 times/wk WC
MB Ocean Rescue 7940 Collins Ave. 1 2-yard can 2 times/wk WC
N. Shore Band-Chell 73rd&Collins Ave. 1 2-yard can 6 times/wk WM
N. Shore Band-Chell 73rd&Collins Ave. 1 6-yard recycle 2 times/wk WM
N. Shore Tennis Ctr. 73rd St. &Harding Ave. 1 3-yard can 6 times/wk WM
N. Shore Park Ctr. 73rd St. &Harding Ave. 4 90 gal carts 5 times/wk WC
N. Shore Tennis Ctr. 73rd St. &Harding Ave. 3 90 gal recycle 1 time/wk WM
Open Space 79th St&Collins Ave 3 6-yard cans 7 times/wk WM
NormandyShore Golf 2401 Biarritz Dr. 1 4ydcan 3 times/wk WM
NormandyShore Golf 2401 Biarritz Dr. 8 90 gal recycle 2 times/wk WC
*Wasteful Weekend 75th St. &Dickens Ave. 5 20-yard R/O 1 time/mth WC
*Wasteful Weekend 6`'' St. &Jefferson Ave. 1 20-yard R/O 1 tune/mth WC
*Green Waste Yard 2800 Meridian Ave. 3 20-yard R/O 6 times/wk WC
*Green Waste Yard 2800 Meridian Ave. 1 4-yd Textiles as needed WC
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*Green Waste Yard 2800 Meridian Ave. 1 4-yd Ewaste as needed WC
Litter Can Routes City Wide
Area Direction # Container Freq Service
Description Provider
North Beach 63rd Street to City Limits +H- Litter Cans 7 times/wk WC
Mid Beach 23rd Street to 63rd St. +++ Litter Cans 7 times/wk WC
South Beach S.Point to 23rd Street. +++ Litter Cans 7 times/wk WM
Service Providers:
*Falls under the Residential contract.
WM=Waste Management.
WC=Waste Connection.
Recycle=90gal Recycling Carts.
R/O=Roll-Off Containers.
Carts=90gal carts used for garbage.
• Pick-up and disposal of recycled material by all franchise haulers in the public right—of-way and parks will be
serviced(2)times per week.
• All franchise haulers will provide additional support for special events by providing (*) 20-yard roll-off
containers.
• All franchise haulers will be partnering with the City on an educational recycling program.
• Each franchise haulers will provide the City with(100)event boxes per year to be used for special events in the
public right-of-way,city—wide.
•
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