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
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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.
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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
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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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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.
(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.
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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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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: 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
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FGR CONTRACTOR: WASTE MANGEMENT INC.OF
FLORIDA, a Florida corporation
ATTEST:
By:
'ona1TKa;�1an Davi. Myhan
Assist. " ecretary President
33
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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
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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
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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
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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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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
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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
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*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.
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