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Waste Contractor Agreement with Waste Connections of Florida, Inc. and Waste Management Inc. got c -31050 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 3/ 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 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 I, 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 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 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. 4 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 5 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 6 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, 13 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. 2I (e) All policies issued to cover the insurance requirements under this subsection shall provide full coverage from the first dollar of exposure.No deductibles will be allowed in any policies issued pursuant to this section unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. (0 As evidence of the above coverage, Contractors must provide original certificates of insurance to the City's Risk Manager, and these must be approved by the Risk Manager prior to commencement of services herein. Contractor must submit a new certificate evidencing continuing or replacement coverage prior to the expiration date of the insurance policies and must submit annually certified copies of the liability coverage herein. (g) Any deviation from these requirements must be approved by the City's Risk Manager. The City reserves the right to increase the kinds and amounts of insurance coverage required if the City, in its sole discretion, deems such increase necessary to protect the City. 17. DAMAGE TO OR DESTRUCTION OF EQUIPMENT If any item of equipment is damaged, destroyed, or stolen by an event which is covered by insurance, Contractors shall utilize the insurance proceeds to repair or replaces said equipment. If the insurance proceeds are insufficient or the equipment has been damaged or destroyed by an uninsured casualty, Contractors shall invest the additional funds needed to repair or replace the equipment. 22 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 23 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 24 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 25 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 26 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 27 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 28 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, 29 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. 30 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: rB �°1 ITY OF MIAMI BEACH,FLORIDA ATTEST: :INCORP ORATED' B • ArnWifirAlUrICH 26 — afael E. Granado / Dan Gelber City Clerk 140 2 6 2019 Mayor • • • APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION t•t (bY'A\'‘ City Attorney p Data 31 • FOR CONTRACTOR: WASTE CONNECTIONS OF FLORIDA, INC., a Delaware corporation authorized to conduct business in the State of Florida ATTEST: By: / Patric Shea Bay-Ribar (Lob I S Secretary Dien Vice President 32 FGR CONTRACTOR: WASTE MANGEMENT INC.OF FLORIDA, a Florida corporation ATTEST: By: 'ona1TKa;�1an Davi. Myhan Assist. " ecretary President 33 li 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 Y 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 Sixty 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 1st 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 34 Contractor's respective current Market Share. (The actual price in 2013 was ,$1,200.00 per can.) 7. On October 1S` 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 15` 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 Pt of each year during the Term, 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 35 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. 36 it In-Kind Service Revised 8/16/19 _ Facility Location # Container Freq Service Description Hauler 555 Bldg. 555 17`h 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#4 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 7th St. &Collins Ave. 4 90 gal carts 7 times/wk WC Parking Garage 1301 Collins Ave. 1 2-yard can 2 times/wk WC 37 MB Golf Course 2301 Alton Rd. 1 6-yard can 7 timeshvk 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 l l`h 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 73i4&Collins Ave. 1 2-yard can 6 times/wk WM N. Shore Band-Chell 73i4&Collins Ave. 1 6-yard recycle 2 times/wk WM N. Shore Tennis Ctr. 73'4 St. &Harding Ave. 1 3-yard can 6 times/wk WM N. Shore Park Ctr. 73i4 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 75`h St. & Dickens Ave. 5 20-yard RIO 1 time/nth WC *Wasteful Weekend 6th St. &Jefferson Ave. 1 20-yard RIO 1 time/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 38 *Green Waste Yard 2800 Meridian Ave. l 4-yd Ewaste as needed WC Litter Can Routes City Wide Area Direction # Container Freq Service Description Provider North Beach 63`'Street to City Limits +++ Litter Cans 7 times/wk WC Mid Beach 2314 Street to 63`'St. +++ Litter Cans 7 times/wk WC South Beach S. Point to 23'IStreet. +++ 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. 39