Resolution 2025-33795 RESOLUTION: Z02533795
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7T" VOTE, THE FORMAL �
COMPETITIVE BIDDING REQUIREMENT IN SECTION 2367(e) OF THE CITY
CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,
AND APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A SERVICE AGREEMENT WITH WASTE
CONNECTIONS OF FLORIDA, INC. (WASTE CONNECTIONS) FOR THE
COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD
DEBRIS, AND BULK WASTE AND THE OPERATION OF THE CITY'S
GREENWASTE FACILITY, TO CONTINUE TO PROVIDE STABLE PRICING
AND RELIABLE RESIDENTIAL WASTE COLLECTION SERVICES TO CITY
RESIDENTS WHO RESIDE IN SINGLE FAMILY HOMES OR MULTIFAMILY
HOUSING PROJECTS WITH TWO (2) TO EIGHT (8) RESIDENTIAL UNITS;
SAID AGREEMENT HAVING AN INITIAL TERM OF TEN (10) YEARS,
COMMENCING ON JANUARY 1, 2026 AND EXPIRING ON DECEMBER 37,
2035; WITH TWO RENEWAL TERMS, SUBJECT TO CONSENT OF THE
PARTIES: (I) A FIRST RENEWAL TERM FOR A PERIOD OF FIVE (5) YEARS,
FROM JANUARY 1, 2036 TO DECEMBER 31, 2040; AND (II) A SECOND
RENEWAL TERM FOR A PERIOD OF THREE (3) YEARS, FROM JANUARY 1,
2041 TO DECEMBER 31, 2043.
WHEREAS, on June 9, 2010, the City and Choice Environmental Services of Miami, Inc.
(Choice Environmental) entered into a Service Agreement for the Collection and Disposal of
Residential Solid Waste, Yard Trash, BWk Waste, and Operation of the City's Green waste Facility
pursuant to Request for Proposals No. 60-OS/09(the 2009 RFP),with a tertn ending on December
31, 2018; and
WHEREAS, on February 21, 2019, the City entered into an Agreement with Waste
Connections of Florida, Inc. d/b/a Waste Connections of Florida (Waste Connections), a related
corporate entity to Choice Environmental, for Collection and Disposal of Residential solid Waste,
Yard Debris and Bulk Waste and for the Operation of the Cirys Green Waste Facility, for an initial
term of five (5) years, commencing on January 1, 2019 and expiring on December 31, 2023, with
the option to renew for up to three (3) additional one-year renewal terms; and
WHEREAS, Waste Connections serves the City's single family homes and multifamily
housing projects wilh two (2) to eight (8) units; and
WHEREAS, the City is currently in its second one-year renewal term with Waste
Connections, set to expire on December 31, 2025; and
WHEREAS, Waste Connections indicated to the Administration that it would not be able
to agree to the last renewal term under the current contract due to the increase in cost of service;
and
i
WHEREAS, the City's Public Works Department conducted research in the State of
Florida, based on bids submitted to the different Florida cities for residential solid waste services,
and determined that there had been an average rate increase of 50% over a five-year period,
from 2019—2024; and
WHEREAS, on November 20, 2024, at the request of Commissioner Joseph Magazine,
the Mayor and City Commission approved a referral to the Finance and Economic Resiliency
Committee (FERC) to discuss the City's Residential Solid Waste Collection Contract; provide a
presentation showing the City's current situation and statistics showing recent rate increases; and
provide staff recommendations on whether or not to continue with the existing agreement or to
procure a new one, as well as any other options; and
WHEREAS, on December 20, 2024, FERC members discussed the Residential Solid
Waste Collection Contract and recommended negotiating a long-term agreement with Waste
Connections, subject to approval of the agreement by the City Commission pursuant to a waiver,
by 5/7th vote, of the formal competitive bidding requirement; and
WHEREAS, on February 3, 2025, the Mayor and City Commission adopted Resolution
No. 2025-33461, accepting the recommendation of FERC; and
WHEREAS, the Administration has negotiated a Service Agreement with Waste
Connections, containing the following essential terms:
(1) Term: Initial Term of ten (10) years, from January 1, 2026 to December 31, 2035;
first renewal term, upon consent of the parties, for a period of five (5) years, from
January 1, 2036 to December 31, 2040; and second renewal term for a period of
three years from January 1�', 2041 to December 31�', 2043;
(2) Compensation: City to pay Waste Connections a per unit fee ("Unit Price"), in the
amount of$42.03 per month, of which (i)25°/o ($10.51) relates to the disposal cost
("Disposal Costs"), which could be subject to change as a passthrough expense if
Miami-Dade County modifies the disposal fees; and (ii) the remaining 75%
($31.52) relates to the collection costs("Collection Costs"), which Collection Costs
are subject to annual CPI escalations not to exceed 5%, without negative
adjustments;
(3) EquipmenL The Services will be operated with no less than three (3) trucks, no
more than six (6) years old. New trucks will be provided for this contract in year 2
(2027), year 8(2033), and if the agreement is renewed by mutual consent, in 2039;
(4) Public Benefits:
• In Kind Services: delineated in an attachment to the City Commission Memoran-
dum accompanying this Resolution;
• Green Waste Facilitv: Green Waste Facility services is free to residents and at a
charge of$20 per cubic yard for landscape firms;
• Contribution for Green Waste Facilitv Upqrades: Waste Connections will provide
the City with a one-time payment of Twenty-Five Thousand and 00/'100
($25,000.00) Dollars, as a contribution toward the improvement costs associated
with the City's Green Waste Facility project;
• Contribution for Recvclinq Proqram: Waste Connections agrees to provide the City
with an annual contribution, in the amount of Twenty-Five Thousand and 00/100
($25,000.00) Dollars, payable each February 1�' of each contract year during the
Term of the Agreement, toward the City's recycling program;
• Monthly Roll-off Containers� Advertisina Neiqhborhood Pride Weekends� During
first weekend of every month during the Term, Waste Connections will place fve
(5), Iwenty (20)yard roll off Containers at such location or locations designated by
the City; Waste Connections will advertise the Neighborhood Pride Weekends at
no cost to the City;
• Promotional Material: Within sixty (60) days from the Commencement Date,
Waste Connections will provide corporate literature and promotional materials to
assist the City with its anti-litter program;
• Public Advertisements: As directed by the City Manager, Waste Connections, at
its sole cost,will place City-approved, public advertisements on its collection trucks
and replace any such public advertisements with new public advertisements every
six (6) months during the Term;
. Residencv: Waste Connections will make reasonable efforts, whenever practical
in its hiring policies, to employ personnel from among residents of the City of Miami
Beach; and
• Bulkv Yard Trash: Bulky Yard Trash will be collected on a scheduled basis, at no
additional charge, for up to six(6)times per year, on dates scheduled behveen the
customerand Waste Connections;
(5) Performance Penalties: Waste Connections is subject to monetary performance
penalties; and
(6) Termination for Convenience: Upon 30 days' notice, the City Manager may terminate lhe
Agreement for convenience; and
WHEREAS, based upon the favorable financial terms and the reliable services provided
by Waste Connections, and previously by its related entity, the City Manager recommends that
the Mayor and City Commission waive, by a 5/7'"� vote, the formal competitive bidding
requirement, as permitted under Section 2-367(e) of the City Code, as being in the best interest
of the City, and approve and authorize the execution of the Service Agreement with Waste
Connections, containing the above referenced essential terms, a copy of which is attached to the
City Commission Memorandum accompanying this Resolution, so that Miami Beach residents
may continue to receive excellent residential waste collection services at stable prices.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA,thatthe Mayor and City Commission
hereby waive, by 5/7'" vote, the formal competitive bidding requirement in Section 2367(e)of the
City Code, finding such waiver to be in the best interest of the City, and approve and authorize
ihe City Manager and City Clerk to execute a Service Agreement with Waste Connections of
Florida, Inc. (Waste Connections) for the collection and disposal of residential solid waste, yard
debris, and bulk waste, and the operation of the City's Green Waste Facility, to continue to provide
stable pricing and reliable residential waste collection services to City residents who reside in
single family homes or multifamily housing projects with hvo (2) to eight (8) residential units; said
agreement having an initial term of ten (�0) years, commencing on January 1, 2026 and expiring
on December 31, 2035; with two renewal terms upon consent of the parties: (i) a firsl renewal
term for a period of five (5) years, from January 1, 2036 to December 31, 2040; and (ii) a second
renewal term for a period of three (3)years, from January 1, 2041 to December 31, 2043.
PASSED and ADOP7ED this�day of SUyt 2025.
ATTEST:
JUN 3 � 2025 ��
Steven Meiner, Mayor
.i.B.....,,.
vN'. ..Eq
afael . Granado, CityClerk =F�" c?',,
'�pI : �� "t ';
REGIS BARBOU ': EiXcoqaroReiEai '
G,,�`�.. .:�Ji
q� �lr� .o
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"a�CH 26,,.'�
Sponsored by Commissioner Joseph Magazine
CoSponsoretl by Commissioner Alex J.Femandez
APPROVED ASTO
FORM & LANGUAGE
EXECUTION
/S �02�
ci mav � Data
Resolutions -R7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 25, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CIN COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5I7T" VOTE, THE FORMAL
COMPETITIVE 81DDING RE�UIREMENT IN SECTION 2-367(e) OF THE CIN
CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,
AND APPROVING AND AUTHORIZING THE CIN MANAGER AND CITY CLERK
TO EXECUTE A SERVICE AGREEMENT WITH WASTE CONNECTIONS OF
FLORIDA, INQ (WASTE CONNECTIONS) FOR THE COLLECTION AND
DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD DEBRIS,AND BULK WASTE
AND THE OPERATION OF THE CITY'S GREENWASTE FACILITY,TO CONTINUE
TO PROVIDE STABLE PRICING AND RELIABLE RESIDEN7IAL WASTE
COLLECTION SERVICES TO GTY RESIDENTS WHO RESIDE IN SWGLE
FAMILY HOMES OR MULTIFAMILY HOUSING PROJECTS WITH TWO (2) TO
EIGHT (8) RESIDENTIAL UNITS; SAID AGREEMENT HAVING AN INITIAL TERM
OF TEN (10) YEARS, COMMENCWG ON JANUARY 1, 2026 AND EXPIRWG ON
DECEMBER 31, 2035; WITH TWO RENEWAL TERMS, SUBJECT TO CONSENT
OF THE PARTIES: (1) A FIRST RENEWAL TERM FOR A PERIOD OF FIVE (5)
YEARS, FROM JANUARY 1, 2036 TO DECEMBER 31, 2040; AND (II)A SECOND
RENEWAL TERM FOR A PERIOD OF THREE (3) YEARS, FROM JANUARY 1,
2041 TO DECEMBER 31, 2043.
RECOMMENDATION
Based upon the famrable fnancial terms and the reliable services provided by Waste
Connections and its related en[ity, Choice Environmenlal, over Ihe years, the Administration
recommends that the Mayor and City Commission waive, by a 517th mte, the formal competitive
bidding requirement, as permitted under Section &367(e) of the City Code, as being in the best
interest of the Ciry,and approve and authorize the execution of the Service Agreement with Waste
Conneclions, conlaining ihe referenced essential terms, a copy of which is attached hereto; said
Agreement having an initial ten-year term, wmmencing on January 1, 2026 and expiring on
December 37.2035;a(rst renewal term,upon consent of the parlies, for a period of five(5)years,
from January 1, 2036 to December 31, 2040; and a second renewal term for a period of three (3)
years, from January i, 2041 to December 31, 2043 to continue lo provide s[able pricing and
continued service excellence to Ciry resitlenls who resitle in single family homes or mW[ifamily
housing projects with two(2)to eight(B) residential units.
BACKGROUND/HISTORY
On June 9, 2010, the City and Choice Emironmental Services of Miami, Ina (Choice
Environmental) entered into a Service Agreement tor the Collection and Disposal of Residential
Solid Waste, Yard Trash, Bulk Waste, and Operation of the City's Green Waste Facility pursuant
to Request for Proposals No. 60-08I09 (the 2009 RFP), with a �erm ending on December 31,
2018. On February 27, 2019, the Ciry and Waste Connections ot Fbrida, Inc. d/bla Waste
2033
Connections of Florida (Waste Connections)entered into lhe current Service Agreement for the
Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of
the City's Green Waste Facility pursuant to Request for Proposals No. 2018-024-WG (the 2018
RFP); said current agreement having an initial term of fve (5) years, commencing on January 1,
2019 and expiring on December 31, 2023, with the option to renew up to three(3)additional one-
year renewal terms. Waste Connections serves Ihe Ci�y's single-family homes and multifamily
housing developments with two(2)to eight(8)residential units. Choice Environmental and Waste
Connections we�e related corporate entities.
The City is currently in ils second one-year renewal term of�he curren� agreement with Waste
Connections, set [o ezpire in December 2025. This extension can only be renewed by mutual
consent of both parties.
Waste Connec[ions of Flonda indica�ed to ihe Administralion ihat it would not be ahle to renew
their conlrect with the City afler the eztension ezpires in December 2025, due to the increase in
cost of service. The existing contract terms as written, were no longer deemed fnancially viable
for Waste Connections. Further, research shows that in the Slate of Florida (based on bids
submitted to the different Florida cities for residential solid waste services), ihere had been an
averege rete increase of 50%over a five-year period, hom 2019—2024.
On November 20, 2024, at the request of Commissioner Joseph Magazine, the Mayor and City
Commission (City Commission) approved a referral to the Finance and Economic Resiliency
Committee (FERC) to discuss the City's Residential Solid Waste Collection Contract.
Additionally, to provide a presentation showing the City's current situation, sta�is�ics showing
recent rate increases, and staff recommendations on whether to continue with the existing
agreemem or to procure a new one, as well as any other options to consider on ihe matter.
On December 20, 2024, FERC members discussed the Residential Solid Waste Collection
Contract and presentation as requested. The discussion concluded with a motion, to move the
item to the City Commission, directing the Administration to proceed with negotiations for a long-
term agreement between the City and Waste Connections, which would include the waiver, by
5l7th vote of the formal competitive bidding requirement The waiver of the formal competitive
bidding requirement was necessary to allow the Administralion lo negotiate a contract wi[h Waste
Connections, which would be brought back to the City Commission for approvaL Contrecting
exclusively with Was�e Connections would continue to provide stable pricing and continued
service excellence to lhe City's residents. On Febmary 3, 2025, lhe Mayor and City Commission
adopted Resolution No. 2025-33461, accepting the recommendation of FERC.
ANALYSIS
The Administration has negotiated a Service Agreement with Waste Connections,a copy of which
is allached herelo (Attachmen[A), containing the following essential terms:
(1) Term: Initial Term of ten (10) years, commencing upon Ihe expiration of [he current
renewal term, on January 1, 2026, and expiring on December 31, 2035; frst renewal term, upon
consen[of ihe parties, for a period of fve (5)years,from January i, 2036 to December 31, 2040;
second renewal tertn for a period of three(3)years, from January 1, 2047 to December 31, 2043.
(2) Comoensation: The City shall pay Waste Connections, a per unit fee (Unil Price), in the
amount of $42.03 per month (compared to the wrrent amount of $34.37), of which (i) 25%
($10.51) relates to the disposal cost (Disposal Cosis), which could be subject to change as a
passthrough expense if Miami-Dade County modifes the disposal fees; and (ii) the remaining
75% ($31.52)relates to the collection costs(Collection Cwts),which Collection Costs are subject
2034
to annual CPI escalations not to exceed 5%, without negative adjustments.
(3) Eouioment. The Services will be operated with no less than three (3) trucks, no more
than six (6)years old. New tmcks will be providetl for this contract in year 2 (2027), year 8 (2033)
and if an extension is agreed upon by mutual consent(2039).
(4) Public Benefts:
. In Kind Services delineated in the attachment to this CiN Commission Memorandum
(Attachment Bl�
. Green Waste Facilitv� Green Waste Facilitv services are free ro residenis and at a
charqe of$20 oer cubic vard for landscaoe firms
• Contribution for Green Waste Facilitv Upqrades: Waste Connections shall provide the
City with a one-time paymen[ of Twenty-Five Thousand and 00/100 ($25,000.00)
Dollars, as a contribution toward the improvement costs associated with Ihe Ciry's
Green Waste Facility project.
. Conhibution for Recvclino Proqram: Waste Connections agrees ro provide the Ciry
with an annual contribulion, in the amount of Twenty-Five Thousand and 00/100
($25,000.00) Dollais, payable each February 1 of each contract year during the Term
of the Agreement, toward the City's recycling program.
• Monihlv Roll-oH Containers� Advertisinq Neiqhborhood Pride Weekends: During Ihe
frst weekend of every month during the Term, Waste Connections will place flve (5),
twenty(20)yard roll oH Containers at such location or locations designated by the City;
Waste Connections will advertise the Neighborhood Pride Weekends at no cost to the
City;
• Promotional Material: Within sixty (60) days from the Commencement Date, Waste
Connections will provide corporale literature and promotional materials to assist the
City with ils an�i-litter program;
• Public Advertisements: As directed by the City Manager, Waste Connections, al i[s
sole cost, will place City-approved, public advertisemenis on its collection trucks and
replace any such public advertisements with new public advertisements every six (6)
months during the Term;
• Residency: Wasle Connections will make reasonable efforts to, whenever prectical in
its hiring policies, to employ personnel (rom among residents of the City of Miami
Beach; and
• BulkV Yard Trash: Bulky Yard Trash will be collec�ed on a scheduled basis, at no
additional charge, �or up to six (6) times per year, on dates scheduled between the
customerand Waste Connections.
(5) Performance Penalties: Waste Connections is subject to mone[ary performance
penalties, which are deducted from the monthly billing to Waste Connections (without liabiliry to
the City).
(6) Termination for Convenience: Upon 30 days' notice, [he City Manager may terminate the
Agreement for convenience.
FISCAL IMPACT STATEMENT
No fscal impact.
CONCLUSION
Based upon the favorable fnancial terms and the reliable services provided by Waste
Connections and its related entity, Choice Environmental, over ihe years, the Administration
2035
recommends that the Mayor and City Commission waive, by a 5171h vote, Ihe formal competitive
bidding requirement, as permitted under Section 2367(e) of the City Code, as being in ihe best
interest of the City, and approve and authorize the execution of the Service Agreement with Was[e
Connections,containing[he above referenced essential terms, a copy of which is attached here[o;
said Agreement having an initial ten-year term, commencing on January 1, 2026 and expiring on
December 31, 2035; a firs� renewal�erm, upon conseM ot the parties, for periotl o(frve (5)years,
from January 7, 2036 to December 31, 2040; and a second renewal term(or a period of three(3)
years, from January 1, 2047 to December 31, 2043 b continue to provide stable pricing and
continued service excellence to City residents who reside in single family homes or multifamily
housing developments with iwo(2)to eight(8) residential units.
Aoplicahle Area
Citywide
Is this a "Residents Riaht[o Know" item, Is this item related [o a G.O. Bontl
pureuant to CiN Code Section 2-17? Proiect?
Yes No
Deoartment
Public Works
Soonsorls)
Commissioner Joseph Magazine
Condensed Title
Waive Bid/Execute Service Agreement wl Waste Connections o(Florida, Inc (Magazine) PW
5l7
Previous Action (For Ciri Clerk Use Onlvl
2036
SERVICE AGREEMENT
FOR LOLLECTION AND DISPOSAL OF RESIDENTIAL SOLIO WASTE,
YARD DEBRIS,ANO BULK WASTE
AND
FOR THE OPERATION OF THE CITV'S GREENWASTE FACILITY
This Service Agreemen! ("AgreemenC� is enterea mto this _ day of
, 20 . with an ekective date of January 1, 2026 ("Commencement
Date"), by and between WASTE CONNECTIONS OF FLORIDA, INC., a Delaware Caporation.
authorized to do business in Ronda. d/bla WASTE CONNECTIONS OF FLORIDA, with oHices
at 3 Waterway Square Piace. Suite 550, The Woodlands TX, 77500 (Conlractor"), and the
CI7Y OF MIAMI BEACM, FLORIDA, a munfcipal corporation with oftices at 1700 Convention
CeMer Drive. Miami Beach, Flonda, 33139 (`Cdy"), for the purpose of proviaing for residential
Solid Waste, Yard Debris ("Yard Trash`j, Bulk Wasle i'�Bulky Waste")collection and Operations
of Ihe Cirys Green Wasle Facility within the City of Miami Beach city Iimits ('Collection Area`�,
operation ot the Ciry's Green Waste Facilny. and olher such services as reQuired by the City
and more particulady set tohh herein.
REqTALS:
WHEREAS, the City's current agreemen! executed by the City ana Contractor pu�suant
to Request lor Proposals Na 2078-024-6h'G enttlled, `Colleclion antl Disposal ot Residential
Solid Waste, Yard Uebris. Bulk Waste. and Operation of the Clty's Green '�Naste Paciliry will
expire on December 31, 2025�. and
WHEREAS, on February 3, 2025, ihe Mayor and Ciry Commission adopted ResoluUon
No. 2025-33451, accepting the recommendation of the Finance and Economic Resillency
Commitlee at ds December 7.0. 2024 meeling, tlirecting the Administration to proceed wilh
negotiations of a long-term agreemenl belween the City and Contractor.. and waiving. by 5/7'°
vote, the formal wmpe:itive bitlding requirement In Section 82-39 (A) ot mc Ciry Code, finding
Ihat the public interesi would he served by waiving such condition. to continue to provide sta6le
pricing and continued service excellence !o our resi0ents; antl futlher requiring that the
successfully negotiatetl agreement be brought hack!o the Gry Commission for approval�, and
WHEREAS, following completion ot negotiations by the PaAies. on June 25, 2025. lhe
Mayor and Ciry Commisvon adopted Resolution No , waming, by 5/7'"
vote, the formal compe6�ive bidding requirement in Section 2-367(e) of ihe City Code, fmding
such waiver to be m Ihe best interes� o� Ihe C�ry, antl approving antl authorizing the Ciry
Manager antl City Clerh to execute a Service Agreement wiM Contractor for the Colleclion and
Disposal of Residential Solid Waste. Vard Debris. and Bulk Waste, and the Operation of lhe
City's Green Waste Faciliry to continue to provide sta6le pricing antl reliable res�denliai wasle
collection services to C(ry resitlenfs', said Agreement having an initial term of ten (10) years,
commencing on January 1. 2026 and expiring on Oecember 31, 2035�, with two renewal terms
upon conseM o/l0e paAies�. (i)a first renewal term[or a period of five (5)years, trom January 1,
2036 to December 3L. 2040�. and (ii)a sewnd rene•.val term for a period of ihree (3)years, from
January 1, 204i to December 37, 2043.
i000S4i23DOCX f Fag=1 ef G6
2037
GENERALINFORMATION
1. RECITAIS
The fo�egoing reci�als are tme and correct antl are hereby incorporatetl by re(erence into this
Agreement.
Y. �Intenlionally Omltted�
3. COMMENCEMENT OF SERVICES
Tne work and services ouflined herein Qhe "Services") shail commence on January 1, 2026
("Commencement Date').
4. TERM
4,1.1 Initial Term: The initial term of tne Agreement shall commence on ihe Commencement
Dale and terminate on December 31. 2035.
42 Renewal Terms: Provitled Contractor is not in de(aWt untler the Agreement. the Ciry upon
muWal consent of the parties. shall have the option to rene�v the Agreement. subjec[ to [he
same (or betlerl terms and conditlons set forlh herein. as fpllows (1)the first renewal term for a
period of 5ve (5) years, commencing on January 1. 2036 and expi�inq on December 31, 2040�.
antl (2) for a second renewal term for a penotl of three (3) years. commenang on January 1,
2041 antl expirinq on December 3L 2Ga3, by giving Contractor writte�� ��otice of such renewals
at least thirty (30) days pnor to the end ot the previous term. Any renewal term shail be at the
same cost to the Ci:y as proviAetl in this AgreemenL Continuation o( tne contrad beyond ihe
mitial perio4 and any option subsequen!ry exemised. is a City prerogative. and not a right o(the
Contractor. This prerogative maybe exercised oNy when such a connnuation is cleady in the
best interest of the City. The initial term, includmg any appmvetl renewal terms, may �e
collectivety referted to herein as the ("Term'). In Ihe event that Contractor is npt willing to renew
this AgreemeM. such notice is defivered at least Ihree nuntlred sixty (360) calendar tlays �efore
the end of Ihe then current renewal term.
4,3 A contrect year sha��bagin on January �"and entl on December 31�'of a given year.
5. DEFINITION OF TERMS
5.1 Authorized Reoresentative�. 7he employee tlesignated in writing Dy the Ciry Manager fo
represent the City in the day-to�day adminlsVation and supervision of this Agreement and wha.
for purposes of the Agreement, snall be tne Ciry's Sanitation Dlrector. The Authorized
Representative shall be authorized to coo:dlnate, direct, and rev�ew all matters reiated to the
Services and this Ag�eement. The Authorized Representative shall be authorired m transmii
mstructions', receive informaP,on, and interpret and define City policies and decisions witn
respect to the Services and [he AgreemenL However. the �uthorizetl Representative is not
autho�izetl to issue any verbal or wrdten orders or instmctions to conUactor that would have the
eHect (or be interareted as having the efiecp of materialty modifying or changtng ihe Services�.
lhe Te�m�. or the amount of compensalion the City is obligatetl or committed to pay Contrac�or-
(OOOShc73DOCk.f Vage 2 uf a6
2038
Additionally, che Authorized Representahve is not author¢ed ro issue any orders. instrucHons.
decisfons, andior approvals (wheMer written or verbap where [he Agreement expressly reserves
eny or all of Me aforestated to the Gity Manager andlor(he City Commtssion.
52 Biohazardous Waste�. Any �.vaste w�ich may present a threa; of infech.on to humans.
The term indudes, without limitation. non-liquid human tissue and body parts. laboratory antl
veterinary waste which contains human-0isease-causing agents, used disposable sharp
insVuments, human blood, human blood producls. body Ouids, and other materiais represenlinq
a sigmficant risk of infection to persons. 7he collection of Bionazardous Waste is not included in
the scope of Services for this Agreement.
5.3 Bulkv Waste� Any large item(s) of household refuse induding, without limilation.
appliances, furniture. accumulalions (rom malor tree cutbacks (exceetling ten (10) inches in
diameter and four (4) (eet in length or, in any event. w�ich cannot be cut for placement in a
garbage ba9 or Container, or bundled, due to the materials exceeding the weight and size
restrictions for regular trash collection. as provide7 in the Agreement). 8ulky Waste shall be of a
rype readily handled by ihe mechanical equipmeni of the Contrectoc ButFy Waste does not
include any matter or debns resulting fmm Vee removal. land clearing. land development,
bu'�Itling construction or demolition. automobiles. aubmotive componenis, boats. or internal
Combustion engines.
5 a Citv�. The Ciry o(Miami Beach, Ronda. and i4s authorized represeniatrves.
5.5 Citv Manaoer The City Manager of the City of Miam� Beach. Ploritla
SB Construclion and Demolition Debris: Discarded material(s) qenerelly considered no[ ro
be water-soluble or hazarAous inciuding, wrthout limitation. steel, concrete, pane glass, brick,
asphalt, pipe, gypsum wallboard. or lumber from a construcUon or dertrolition project. and a�so
including rocks, soils, tree remams, and other vegetative matter wh�ch normally results from
land clearing or land development operations tor a construction project.
57 Con(ractoc The business entity with whom the City has executed the Agreement for
pertormance of the Services and its tluly auttronzed represen;ative(s). As used in ihis
Agreement, the term"Contractor'Shali also indutle any successors andlor assignees.
5.8 D�soosat Costs (mav also be referred to as "tuoino �ees"Y The fees charged to
Coniractor for tlisposal of solid waste, as defined i�subsection 14.1.
5.9 Gar6aoe�. Every refuse accumuia�ion o� animal, frwt, vegetable, or oryanic matter that
attends the preparation, use, cooking, consumption, sbrage. or dealing ol meats, fish, fo:vl, fruit
or vegetables. antl other foodstu(fs (including packaging materials), and decay.. putre�action and
the yeneraaon of noxlous or offensive gases of odors or which, during a aher decay, may serve
as breeding or`eedinq mateiial for flies or other germ-wrrying insects.
5.10 Garbaqe Can or Containec A container tor collection of Solid Waste which has been
approveti br use m ihe Collection Area Oy the Authorized Representabve, antl matle o!
galvanlzed metal, durable plasuc o� other swtable material of the capacliy not less lhe ten (1Q)
{000861.3.90C%.) Nage3n(G6
2039
gallons, bul not to exceed thirty (30) gallons. Such container shall have [wo (2) hantlies upon
the sides ihereot,or a bail. by which it may be IiHed, and a tight ftting soiid top.
5.11 Haza�tlous Wasle. Any waste which, because o( �is quantiry.. concenlrotion, or physical,
chemical, or infectious characte�istics, may cause. or s�gni/icantly contribute 10, an incBase in
moRahty o�an increase in serious irteve�sible or inrapaatating reversibie illness, a may pose a
substantial G�esent or potential hazard ro human healih or the environment when impropetly
Iransportetl, tlisposed of, stored, Ireated, or otherwise managed. Hazardous Waste is not
included in the scope of Services for[h�s Agreement.
5.12 Fbuse�oltl Furniture. Ail movable compadable articles or apparalus. such as cnairs,
tables, sofas, matlresses, etc., For equipping a residence.
5.13 Household Trash: All accumulations of paper, magazines, packaging. conta�ners,
sweepings, and all other acwmulations of a naWre other than Garbage or Vard Trash, which
are usual to housekeeping, as well as to the operation of stores, offices, and other places o(
business. Fbusehold Trash shall mclutle, without limnation, small appliances, small fumiNre,
yartl roys, and building material was�e tmm remodelinq antl home repair projecls. Waste
generated by general conVacrors (or their subcontractors� shall not be considered Householtl
Trash.
5.14 Industrial Waste�. My waste including, without limi!ation. al, grease and petmleum.
genereted by construction. manufacWring, processing, land cleanng, tlemolition pmjects, and
excava�ion o(stmctures, roads, streels, sidewalks, or parkways. InOustrial Waste is not inclutled
in Ihe scope of Services for this Agreement.
5.15 Infeclious Waste�. Those wastes mciuding. wnhout limitation, diseased human and
animal Darts, contaminatetl bandages, palhological specimens.. hypodermic needles,
contaminated clothing, and surgical qloves. which may cause disease, or may reasonabty 6e
suspected ot harboring Dathogenic organisms. Infeclious Waste is noi included in the scope o`
Services for ihis Agreement.
5.16 Landftll: Any disposal faciliry, for whicn a pertnit(other[han a general permlQ is required
pursuant lo Section 409.707, Florida Sla[ules (as same may be amendetl from time to timel,
that receives solid waste for disposal in or upon the land, other than a lantl-spreatling site.
injection weli. or surtace impoundment.
5.17 Loose Refuse: Any Refuse storetl in and collected Irom any rype of container other ihan
a mechanical container, Garbage Car or Container. ReWse which is alw wllected fmm the
ground is convdered Loose Refuse.
5.18 Mechanical Containec Any �etacnable conlainer tlesignee or in[ended to be
mechanically dumped into a loadedpacker type of garbage tmck.
5.19 Mulliole Dwelllnq Units: Any Duiltling containing �wo (2), but not more than ei9ht (8),
permanent living units, but not ir,clading hotels antl motels. Buldings contaninq over eight (61
�U008a123 DOCx.;� P�ge 4 0!C6
2�4�
living units are dassified as commercial acwunis and not included in the scope of Services for
Ihis Agreemenl.
520 Pertormance BonO: The form of security fumis�ed by Contractor, aed approved by �he
Ciry, as a guarantee that Con�rador will execute the Services in acwrdance with Ihe terms of
this Agreement.
,521 Pro�osal Documents�. Intentionally Omitted.
522 Recvdable Matenals�. Those materia's which are capable o! being recyded an0 which
would otherwise be processed or disposed of as Soiid Waste.
523 Recvclinq�. Any pmcess by which recydable matenals are collectetl, separated. or
pmcessed and re-used or reWmed to use m the form of raw materials or produc�s. Recycling is
mt induded in Ihe scope of Services for Ihis Agreement.
524 Sin le Familv` Residence: A tletached buildmg designed for or occupied exdusively by
one pereon or famdy.
,525 Refuse: All Garbage and Household TraSh including, withou� 6mitalion, paper, glass,
metal, and other discartled matter. but each�ding Recyclable Materials.
5 76 Refuse Reoulations�. Those admin!sirative �ules, regclations, and pmcedures as may be
estahlished from time to time. indud�ng. without limrtations, Chapter 90 of the Code of the City
of Miami Beach, Plorida ihose prescnbed by Ihe City from I�me to lime. for the purpose ot
cartpng out or eHecWating the provisions of tNs Agreement.
527 RemodNinp and Home Reoairs Trash: Waste materials accumulated by a homeowner,
tenant, or occupant during ihe course of a self-peRormed home im0�o�ement project induding.
without limrtation, carpeting caDinets, drywall. lumber, pipes, paneling, antl other consVucLon
related materials. Such materials shall be prepared fo� collection in lengths not to exceed five
(5j feet or fifty (50) pounds in welghL Carpeting will onty be plcketl up if cut to lengths of six (8)
feet orless. and bundled.
528 Residen�ial Service� The Solid Waste collec6on antl disposai seNice pmvided �o Single
Family Resitlences and MWtipie Dwei�ing Units which are not consdered commercial accounts.
529 Services. the services required to be pedormed 6y the Contractor in acco�dance with
lhe Agreement antl at�achments thereto. which inclutle. without Iimitahon, collection and
disposal of Solie Waste (subsection 7.11. Regular Yard Debris and Bulhy Vard Trash
(subsection 8-7), and Bulky Waste pick-up serv�ces (Section 9)[o all Single Family Residences
and Multipte Dwelhng Units within the Gollection Area. and the oDeralion of the City's Green
Waste Facility (collectively referred to as`Services').
5.90 Solitl Waste�. GarDage, BWky N,'aste, Constmcuon and Demo6tion Debris, Spec'�al
Waste, White Goods, Yard Trash (Regular and Bulkyl. Household Fumiture, Household Trash,
Re(use, Remodeling antl Home Repairs Trash, and any 2nd all other discartled ma�erials which
Contractor �s repuired to collect and dispose o1 pursuant Io the�erms of�his Agreement.
j0�08a 123 DOIX.� �ade 5 ^�46
2041
531 Sol d Waste Disoosel Facilitv: Any fully permitted (acdiry whiU by applicable Floritla law
is the final resting placa for Solid Waste. includinq Landfilis antl incineration iacilities.
5.32 Soecial Waste' Waste that can requ!re speual handling and management. includiny.
without limitation, aseestos, whole ti�es.. used tires, usetl oil, lead-acid battenes, biological
waste. Infecfious Waste, Hazardous Waste. Loose Refuse. Indusirial Wasle. antl Construction
and Demolition Debris.
5.33 [Inlentionally Omitted]
5.34 Whde Goods: Discarded refrigerators, renges, water heaters, freezers, smail air
conditionirg units, and other simdar large aomestic appliances. White gootls containing
refrigerants will not be accepted �y the Contractor unless such white goods have been certified
in writing by a pro(essional technician to have had all such �efrigerants removed.
535 Yard Trash — Reoular. Any anA all accumulations of grass, palm Ironds, leaves, rock,
hranches, shrubs, vines, hees. iree stumps, and olher similar items 9enerated by Ihe
maintenance of yartls antl gardens, and 6y landscaping. Such debns shall be 7undled or placed
m containers whlch are susceplible to normai loading and collec0on in Ihe same manner as
other residential Solid Wasle. No Regular Yartl Trash shall be in excess of four (�) inc�es in
diameler. No �undle or Llled container shall e.ceed(ifty(50)pounds in weight.
5.36 Yard Trash — Bulkv: Larqe attings of vegetative and wood matter which are part o(
normal yard maintenance and landscapinq and which cannot be cut (or placemeN in a
container.. or bundied due to the materials exceediag the weigh�and size resVictions for Reguiat
Vard Tresh. Bulky Vard Trash shall not exreed six (6) Feet in lengih. Bulky Yard Trash shall not
include any lorm of matler or debris resuttmg from tree remaval. fand ciearing. lantl
development, building demolnion, or home remodeling andlor repairs, and shall also noi indutle
aulomobiles and aufomotive componenis. boats, and internai combustion engines.
6. GENERAL CONDITIONS
6.1 Pre-Start Roule Famillanzation: The Contractor hereby certifies to the Ciry lhat it shall 6e
completeiy prepared to stari collection, and any and all other services required under this
Agreement, no �ater lhan ihe Commencement �ate. The Coniractor shall meet with the
Authorized Representative for Ihe purpose of familiarizing, wilhout limitation, the Contractor's
drivers, collectors.. and other key personnel,with lhe City mutes.. coltecfion points.. and any other
points of service.
62 Comorehensive No�ifitations�. Wi�hin 60 days of the Commencement �a1e, and
!herea%er, at leas� annualty during the Term o( �his Agreement, on the anniversary o� ihe
Commencemen� Date (or such other date as may first De approvee,. in writiny, by ihe Ciry
Manager). Contrac�or shall provide comprehensive. wri�ten notice to a�l customers: which notice
shall inUude, wrthout limitation, notice of start date, roules and schedules. descripfion of
sernces. customer service phone num6e�s. and any changes to collection schedules entl/or
routes. The forc+ of any and all notice required under ih�s subsection mus� be approved. in
!00084123 DOC%.f Page 6 of 66
2�42
wriung, by the Authorized Representative. at least Rvo (2) weeks prior to t�e requireU dale of
issuance tor same.
6.3 Resources: The Contrecto� shall provide, at its sole mst and ezpense, all labor, and
equipment (including, wit�out limitation, collection uucks antl any other vehides) and any other
items. as necessary. to Oerform the Services in accordance with, and comparable to, industry
stantlarOs for collection and disposal of Solid Waste. as contemplatetl under this A9reement.
6.4 Prolecfon of Adiacent Procertv and Utilities�. The Contractor shall diligently prosecute
the Services antl conduct all work and services reiated therero in such a manner so as to
reasonabiy a�oid damage to D���ate or pu6lic property(ies). The Contractor shall be solely
responsib�e for any damage or destruction to such property(ies) which caused Dy t�e
Contractors operations. The Contractor shall immediately repair (or pay for the repair oO
damage incurred as a resWt of its operations. Without limiting the generaliry of ihe /oregoing. the
Coniractor shali take cognizance of ail existing utilihes', shall operate with due care in lhe vicinity
ol suc� utiliGes�, and shall immetllatety repair(or pay for the repart o�any utility(ies)6reakage or
damage cause0 by its operations.
6.5 S il�,lage�. The Contractor shall nol litter or cause any spiliage to ocwr on any privafe or
public propertyjies) inclutling, without limitation, any rights-of-way. During hauling, all Solid
Waste shall be contained. tied, or enUosea so that spiliage is preventad_ 7ne Contractor shall
immedlately clean up any spillage. If ihe Contractor fails :o pmmplly Gean up any spillage, the
City may, at its sote option and discretion, but not its oDligation. dean-up such spillage, and bill
the Contraclor for the cost of the same. NOM1viths�anding ihe foregoing. Contractor shall not be
responsible for scat�eretl or spilled garbage.liquid, or other materials unless the same has been
caused by its acts or ihose of any of its employees. in which case all such scaitered or spilled
garbage, liquitl. or other materials shall be picked up immediately hy the Coniractor. Contractor
will not be required to clean up or collect such materials not caused by the acts ot ils
employees, Out shall report Ihe loc�ation of suc� conditions to the Ciry where such debris or trash
is bcated. SucR sDillage or excess materials shall be picked up by the Coniracior a(ter it is
reloaded in the container, provided that such reFuse is not Hazardous Waste or Special Waste.
6.6 Method of Collection�. The Contractor shall make wllections w�th a minimum oi noise
antl disturbance to ihe customer and neighborhood.
Staging will not 6e permitted. "Suging' is aefned as Dlacing Garbage Cans or
Containers. bags, and Vard Tres� at one location ahead ot fhe servicing tmck.
Garbage Cans or Conlainers shall be handled carefully; shall not be Dent or otherwise
abused: shall be thoroughly emptietl: and then left at Ihe point ot collecUon. Me�al cans shall be
replated uDnght wrth covers securely and properly in place. or inverted with covers U�aced
;opside on the ground, next �o the Containec Plas�ic cans shali �e inverted with covers placed
mpside on !he ground, next to the contamer. Any receptade found in a rack. wrt or enclosure
ot any kina shall have Ihe Ild securely placed on toD o�said receplacle.
(OOOSC123.DOCX.� Fage 7 0�46
2043
In the event of damage to Garbage Cans or Containers caused by ConVactor, other!han
normal wear and teac Conirac�or sha�l be solety responsible for ihe prompt repair or
replacement of said Gar6age, Cans or Contamers. which. in any event, shall be no later than
seven (7) days from Contractor's receipt of no6ce (whelher verbal or written) Fmm cuslomer
antl/or Authorized Representative(as ihe can may be).
67 The City Manager reserves the righf to tleny the Contraclor's trucks/vehicles access to
any streets. b�idges, alleys. or other right of way, in Ihe event ihat ihe Ciry Manager detertnines.
in his/her sole antl reasonable �udgment and discretioq [hat it is in the hest interest of ihe Ciry
to do so because of the condition of the affecled street, bridge, etc.. or a public heaith, welfare
or satety concem_
The Aut�onzed Representative shall use reasonable eRorls lo no[ify the Contractor of
streel dosures. If a sireet closure impacts, or could poteNialty im0ad. a route or schedule. the
Contractor shall be responsible for ;mmediately notifying �he Aulhorized Representative. so that
(if requiretl)altemate arrangemenls for service may be made in such manner as shall cause the
Ieast disruption to cuslomers. Notwithstanding the preceding, no dosures of less than eigM �S)
hours in duration.
6.8 The Contractor here6y acknowletlges Ihat the City has embarked on an aggressive. City-
wide Cap,ta! Improvemen[s Program (GP)which mclutles. wrthout limi[afion, extensive madway
and sireeiscape. water antl sewer, and stormwater and tlreinage improvements. The Authorized
Representa6ve shall use reasonable efforts to nonfy Contracbr of all CIP construction aclivities.
G9 NoRvithstan0ing anyt�ing in this Agreement, inGWing, without limitation, suhsections 6.7
antl 6.8 he�eof, it shall he the ConVactor s sole and exclusive obligation antl responsibiliry lo
ensure that the reguiar coilecuon schedule and routea and qua6ry of the Services is not
inlerrupted, and 5 provided in accordance with the industry standaros contemplatetl untler this
Agreement.
6.10 Holitlays�. Conhacfor shall not be requiretl to provide co!ledion serv'�.ces on CMislmas
Day. For those customers whose service was m�ssed, regular waste collection services will
resume on the nex! �egulady schetluletl pick-up day. Shw�d Christmas Day fali on a Saturtlay
or Sunday,the Contractor is expected to work as regulady scheduled. Monaay thmugh Friday.
6.11 Storms' In case of a storm, ihe City Manager may.. in hislher sole antl reasonable
judgemenl antl tliscretion, grent the Contracbr a [emporary variance from Ihe regula�collecfion
routes and schetlules. Notwithstanding the preceding. the Contrador must make all such
requests lo ihe Ci�y Manager, in writing�. antl Ihe City Manager shall have ihe sole and exclusrve
discretion to tletermine whether a variance will 6e granted (and whether same is reasonable
under lhe circumstances). I( granled the aforestated variance, the ContraMor shall advise ihe
Ciry and customers in Ihe co�ler,tion area afferted o(the estimated time before regular colleclon
mutes anA schedules can be resumed.
i000fi�1123.COIXj Pap,e 8 cf 46
2�44
The Gty Manager. in hislher sole and reasonable jutlgement antl discrefion. may reyuire
Contractor to provide adtlitional services following a storm, which may require a0ditlonal
equipment andr'a hiring o!eztra crews, in order to ettecwate the eKcient and rapid clean-up of
the City. In such cases, the Contractor shall be entifleA to addihonai compensation n¢gotiated
prior to the evenl ; provided that the City Maeager has authnrize0 ihe Coniractor[o proceed with
such adai�ional services and, accordingly, the Contraclor has (rst oh�ained Ihe prior written
authorization of the City Maoager.
6.12 Collection EquiomenC All equipment including any Irucks!vehicles, shail be obtamed
(mm nalionally known and recognized manufacNrers of garbage collection and tlisposal
equipmeM. The trucks shall be of the enclosed loadedpacker type, excep� with respect to the
Wcks used to coliect BUIky Wasle. All equipment shall at all times be maintamed in good repart,
working order, and appearance', kept in sanilary and dean contlition; prevenl any spillage or
Ieakage�, and 6e operated in accordance vnth t�e highest levels oF safey and caution.
TruckS/vehiGes are to be uniformly Oainted with the name of l�e Contractor, business
telep�one number, and Me number of the Uucklvehicle in letters nol less than Me (5) inches
high on each side o� ihe truckNehiGe. All trucks and vehicles shall be numGered and record
kept of the �rucW'vehicle to which each number is assigned. 7he City's logo shall be displayed
on ali Vucks/vehicles. No advertising shall De permilled on WckSNehicles, except as Orovitled
m section 11.3 hereo�.
T�e Contrac�or shall have available reserve eqwpment which can be put into service
wi�njn two (2) hours of any breakdown. Such reserve equipment shall correspond in s¢e.
capaciry, and contlition.. ta the equipment regularty used by �he Contractor to pertom� ihe
Services.
A iist of the ContradoYs equipmeot shall he pmvidcd to the Authorized RepresentaUve
within ihirty (30) days followinq the Commencemenf Date and. ihereafter, an updated list shali
be provideC each year dunng Ihe Term, at the t�me of each annual audit.
As an ad0itional considera�ion for ihe City to entei into this Agreement, the Contrector
agrees to operate lhe Sen�ices with a minimum oi three (3)trucks, all of w�ich shall not be oltler
lhan six (6) years- As such, and when applicable, Conlractor shall replace the lmcks with new
tmcks during eonhacl year 2 (2027), contract year 8 (2033), and in the event that the renewal
terms are apP�ovetl by Ihe Parties, contrac�year 14 (2039�.
All vehicles shall be equipped with cameras and GPS systems �o mDnitor fhe safe operetion
of all company vehides operating with the Ciry.
All ConUactor's equipment, including reserve equipment. will De located in the Contraclor's
faality within 25 miles of the City limits.
6.13 Refuse Quantilies. T�e Contracfor hereby represents and warrants to ihe City ihat n
has reviewed t�e City's waste coilection and disposal recortls and understands that. at certain
hmes �uring the year, ihe quantity of waste to be disposed of is ma[erialty increased by such
factors including, without limitation, ihe influx of visitors. speclal events, acts of wealher due to
i000S4323.WC%.'� Page9o`06
2U45
seasonal changes, eta The ConUactor hereby aqrees tha[ thase fluctuations will not be
justifiwtion tor the CoNracfor to (ail to maintain the regular collection schetlules and mutes;
justify a rale increase; or olherrvlse resWt in [he Contractor's faiWre to provide the Services, in
accordance with ihe first-class s[andartls contemplated under this Agreement.
6.14 D�soosal at Mam-Dade Counlv Sold Waste D�soosal Faciliry: The Contractor hereby
2presenls and warranls to the Gty that all solid waste collected by it pursua�i to this
Agreemen� will on�y be disposed of at an appmved Miami-Dade Counry Department Solitl
Waste disposal facihty. In the event the Coniractor desires to dispose of an0lor reiowte solitl
waste collected hereunaer from a Miami-Dade Counry Solid Waste disposal faciliry to ano�her
taciliN, it must notify the AuthorizeN Representalive, in wn[ing. pnor to doing so, and, further.
must obtain the pnor wntten approval of the Authorized Representatrve.
7. RESI�ENTIAL SOLID WASTE CO�LECTION AND DISPOSAL SERVICES
7.1 Services�. the Contractor shall provide resitlential Soiid Waste collection and disposal
services to all Single Famity Residences and A1Ntiple Dwelling Units within Collection Area.
In the event Ihe ConVactor is unable to provitle any collection service(s), as required ir
this Section 7, it shall leave a wriUen no6ce, in the form of a "door �anger', on the particular
S!ngle Famity Residence or MWtiple Dweiling Unit, explaining why service(s) coultl not he
pmvided
Contraclor shall also. �ur�ng regular pick-ups, clean swale antl metlian a�eas. ot all
accumulate� palm fronds and fallen branche5.
As ihe Contraf,tof's irucks make their service routes thmughout ihe City, lhe Coniracbr will
notify the Authonzed Representative of any suspected iliegal dumping.
Resitlential mu�ing shall be conduc(ed a� such times so as [o not impact traHic flow on
major arteries during peak times.
72 (Intentionally Omiltetl)
7.3 freQuencv of CollecP.on'. The Contractor shall collect Solitl Waste from Resitlences
(Smgle Famiiy and MNtiple Dwelling Units) a[ least Iwo (2) aays per week, with collections at
least three(3j days apart.
7.4 Hours of CollecUon. Collection hours shall �egin no earlier lhan Z00 A.M.. and shall
cease no la�er than 7D0 P.M.
In the case of an emergency, collection may 6e permittetl at times not set forth a6ove,
provide� the Co�tractor has received prior approval from �he Ciry 0.Aanager, to be la�er
evidenced by confirmaCon in wnting. Should Ihe Contracror not mnLrm and o6tain in writing the
approval to oDe�ate on an emergency basis, it shal� be conclusively presumed thaf �he
Con[ractor had not obtained such approval.
{000&1123 D00(.i Page 10 ot a6
2�46
7.5 Point of Pick-�_ Collection shail be at the residence (backyaM or side yardl, at gmund
level, or curbside (but,as lo Ihe latter, only i(p�acetl by the cuslomer)_
7.G Receaiacle�. T�e Contrector shall be required to pick up all Solid Waste w�ich has been
pmpetly containeiizetl (or buntlleQ as Ue case may be) and timely placetl for milection as
follows. AII Garbage, Household Tras�, and other Refuse shali be placetl in a GarDage Can or
Container or plastic disposal bag,and shall be placetl in the backya�d, side yartl, or at curbsitle.
Vard Trash 5hall also De placed in containers. Non-containenzed Yard Trash shall 6e collec�ed
provided Ihal it does not ezceetl tour (4) feet �n iength, nor be greater than fifty (50) pounds in
weight for any piece or segment ol materials: is appropriatery tietl and b�ntlled�. and placed at
curbside
7J Routes and Schedules�. The initia�, coilection routes antl schcdule is set forth in Exhibit
"A" hereto. As reQuired in subseclion 6.1 hereof. the Contractor shall provide customers with
written notice of routes and schedules prior to the Commencement Date, and. �hereafter,
annually oo the anniversary date oF the Commencement Dale. Contractor s�al�also be requiretl
lo provide customers with writlen nolice ativising of any schedule andlor route chan9e5. pnor to
the Implementation of same_
NotwAhstanding the preceding paragraph, prior to any change in wliection rou[es or
schetlWes, the Conlractor must obtain the Authorized Representative's prior wriHen aOProval.
Any and all cnanges (in routes or schedules)that alter pick-op days are also subject to the prior
written approval of the Authorized Representative.
If approvetl (and in addition to lhe reGuired intlividual notice to wslomers�, the ConVactor
shall publish no�ice of any changes to routes antl schetlules, at its sole cost, in a i�ewspaper of
general circulation in Miami Beach. at least seven (7)tlays prior to Ihe eflective tlate oi any such
route or schedule change.
e. VARDTRASH-BULKY, REMODELING AND HOME REPAIRS TRASH, HOUSEHOLD
FURNITURE AND WHITE GOODS
8.1 Services�. As part of the Se^iices mcWdetl in Ihis Agreement, Ihe Contractor shall collect
all Regular Vard Trash and Bulky Yartl Trash fwm Single Family Residences and 6-0Wtiple
Dwelling Units.
82 Freouencv of Collect on'Po'nl af P-ck-Uo- The Contractor shall collect Regular �ar�
Debns on ihe scheduled pick-up day. but al least iwo (2)days per week.
Contractor shall pick up all Vard Trash whlch has been property prepared and placed for
coilection as follows:
a) Regular Yard Trash will be collecied iwo (2) days per week�, shall be placed
adjacent to the pavement or lravel way ol the streeC in conlainers or burWles less
than fifty (50) pounds eac� antl with no dimension over four (4) f�t each;
limbsibranches nol c�realer than tour(4�inc�es in tliameter�_
�00084123D0[x J Page 11 of 46
2047
C) Bulky Vard irash wdl be collected on a scheduled basis, at no adtlmonal charge.
Such service shall be provitled uD to six (6) fimes per year on dales schedcled
belween the customer antl Contractoc In the even( oF a dispute between
Contracfor antl a customer as to what constiWtas Bulky Vard Trash, the dispute
wdl be reviewed and decitled by the Authorized Representative, whose decision
will be final and binding upon ali parties.
c) The Contractor shall clean swale and median areas adjacent to the Collection
Area ot all accumulated palm fronds and bulky Iree debris.
In Ihe event Contraclor is unable to prowde any such collec0on services as reqwred in
this Sec[ion 8: it shall leave a written no6ce, in t�e form of a "dx� hanger;' on the particular
single famity residence or multiple dwelling umt. explaining why Ne serviw(s) couid not be
prowded.
8.3 Within ihiRy (30) days of �he Commencemen( Date. Ihe Contractor shall establis� a
public information program that will p�ovide a broad and extensive understanding o�the services
provided pursuant to t�is Sec6on 8.
9. BULKY WASTE PICK-UP SERVICES
9.1 Services. A5 part of the Services inclutled in Ih�s Agryyment, the Contracfor shall collecl
from alf Single Famlry Residences and Multiple Dwelling Units all household furniwre.
household lrash remotle�ing 8 home repair Iresh. whi�e goods, an0/or olner waste which cennot
be r.ut (or placement into a Garbage Can or Container or plastic bag.. or bundled, due to Me
material exceeding the weight and size restnctions for regular trasn collection (collec�ively, for
purposes o�Ihis Section 9, all of the aforestated shall be referted to as"Buiky Waste").
92 Freouenw of Collection- The Contractor shall collect Bulky Waste only on dates
scheduled by Contractor directly wiN ihe aslomer. Con(ractor shall have a designated
telephone iine to aliow customers to schetlule apDointments for Bulky Waste pick-ups.
Notwithstanding the preceding paragraph. Contractor shall collect Bdlky Waste a
maxlmum of six (6) Omes per eelendar year. and up to twenty fiva (25) cubic yards, per pick-up.
for each customer. In[he event ihat a customer schedules or presents more than 25 wbic yards
of Bulky Waste for collection in any scheduled pick-up. it shali be munted as an additional pick-
up (for every�hing over Ihe ini�ial atlditional 25 cubiC yards, in 25 yartl increments. of waste
material collected). as provided m the precedng paregraph.
� In the event tha�a customer requesls more than siz(fi) Bulky Waste Dick-ups during any
calendar year. the Contrector shall schedule a special pick-up, and may charge the customer
$20 per cubic yartl for Mis service- Contrac�or sha0 charge customers tlirectly. At no time ahall
the City be responsible for any charge by Contractor to customers for atl0itlonal Bulky Waste
pick-ups.
9.3 Collecllon Schetlule� Contrector shall make Ihe Bulky Was1e pick-up within fve (5)
6usiness days from t�e date of receipt o� an appointment reGuest from the astomer. Pick-ups
shall be complete0 on (�e appointment day. nol before or after. Failare on the part of the
Contractor to effer.t a pick-up ol lhe called ��n amount on the sc�eduled date shall result m ihe
assessment of. a fine against Cortraclor, as providetl m Ezhibit "8" �ereto unless otherwise
ezcused. in wrihng at the sole dlsr.relion of the Authorized Representative.
i00086123.[10C%.) Page 12 of 46
Z048
Pick-ups will be scheduled as follows. South Beach on Mondays: hLd-Beach on
7uesdays antl Wetlnestlaysl and North Beach on 7hurstlays antl Fritlays.
Coniractor shall prepare and maintain, in acmrtlance with a format appmvetl by the
Authorized Representative, a registe�of all Bulky Waste pick-ups. The register shall indicate the
aate and time on which the pick-up request was received�, the name and address ot ihe
cusmmer requesting �he pick-up�, ihe date of ihe scheduled pick-up; the schedule number
assigned to ihe pick-up; and confrmation of the completion of the pick-up. A wpy of
Contractor's daily Bulky Waste pick-up regisler shail be orovided (whelher by /ax or e-mail) to
the Authorized Representalive a(the end of each 6usiness tlay.
In the event of a dispute between Contracbr ana a wslomer as to whal constitutes
Buiky Waste, ihe dispute wllt be reviewed and tlecided by the Authonzed Representative,
whose decision will be final and binding upon all parties.
9.4 Bulkv Waste Collection EouiomenF. The Comractor shall have on hand at all times and in
qood working order such equipment as needed to permit the ConVactor to adequately and
efliciently peRorm its wN2cNal duties. Equipment shall be obtained from nationally known and
remgn¢ed manufacWrers of garbage collechon and disposal equipment. Collec6on vehicles
shall be designed �o allow for eHicient collection o1 BWky Wasle. A minimum of lwo (2)grapple
tmcks shall be assigned to this Aqreemeni. The equipment shall be kept in good repair.
appearance and in a sanitary and clean condition at all times. All replacement and atlditiona�
vehicles soall be new equipment unless otherwise agreed by the City. 7he Contractor shall have
available reserve equipment which can 5e put in[o service within two (2) hours of any
breakdown. Such reserve equipmeN shall correspond in size and capaciry to the equipmenf
used by lhe Contractor to pertorm the contrecWal duties. A list of the Contractor's eQuipment
shall be given to the City at the lime of each annual audit.
10. OPERATION AND MANAGEMENT OF 7HE CITV'S GREEN WAS7E FACILITV
10.1 Locatiorc. The Ciry's Green W aste Facility is locatetl at 2800 Meridian Avenue. atljacen;
to the Miami Beach Golf CourSe (ihe"FaciGty"�..
102 Descriotion o(Work�. The Contracbr shali be responsible for operating and maintaining
the Green Wasle Facility, al its sole cost and expense, induding, without limitation, providing all
necessary manpower and equ�pment b mllect tlumping fees and fo receive, conlrol, secure.
and dispose of all accEptable ma�erials (which, for pu�poses of ihis Seqion 10, is tlefined as
only clean Vard Trash).
The Contractor shall also be responsible for an electmnic waste recycling program thmugh a
vendor [hat processes untler the ResponsiDle Recycling (R2) Standard for Electronics
Recyclers and�or the e-Steward Stantlard (or Responsi6le Recycling antl Reuse of Electronic
Equipment (e-stewards) or Contractor may process the eleclronic waste at a Miami-Dade
DERM approvetl Elechonic Recycling facility. The ConLaclor wlll work wilh the City (or vice
versa) ro secure the proper perrnils in order ro be able to accept the e-wasle dmp-otts at the
Green Waste Facility. If it is not possible for the CoN�ac(or to secure the proper permrts. the
j00U84123.�OCX.� Paee 13 uf C6
2�49
Contractor will work together with t�e City, in good faith, to come up with a smtable aliernative
si�e for colleclion.
The Contraclor shall provide a lextile drop ofl program for City residents' at Ihe Cdy's
Greenwaste Facility.
10.3 Hours of Ooemtion'. The Green Waste Faciliry shall be open six (6) days per week,
Montlay Ihrough SaWrday. (rom 7�.00 A.M. to 5'AO P.M. and shall be Uosed on Thanks9iving,
Christmas Day, New Year's Day. July 4"', and Labor Day. The Contractor will post Ihe Drecedin9
days/hours of operation (including days the Green Waste Faciliry is closed) in a readiry visible
plaw at the entrance of the Green Waste Faciliry.
Days/hours of operation shall not othervvise be eztentled or shonened without the pnor
wriuen consent of the Auihorized RepreseNative. In �he event that revised days.�hours of
operation are appmved. the ConVactor will be responsible for notiFying all customers. in writing,
at leasl two(2)weeks Defore such revised hours operalion commence.
10.4 Elioible Users�. The Green Waste Facility s�all 6e accessitle to residents of the City o�
Miaml Beach. and landncape �irms pe�orming work within the ciry Ilmits of the Ciiy of Miami
eeacn.
10.5 Personnel�. At leas�one (1}designated employee of Ihe Contractor shall be on site at all
limes when oUen to oversee the day-to-day operation and maintenance. Without limitation the
designated employee's dufies shall inUutle colleclion o/ dumpinq fees and directing �reffic to
where loads should 6e dropped, etc.
10.6 Records: The Contractor shall keep recortls. in such form and manner as shall be
mutually agreed upon by Ihe Contractor anC the Aothonzed Represen�aFve, of all ingoing and
outgoing IraKic.
107 Ooeralia�s' The Contraclor shall conlainenze all materials deli•:ered or dmpped to lhe
Green Waste Faciiity; shall contluct a neat and ordedy operation at all times�. and shall be �oiely
responsible for �he necessary housekeeping services to property keep and mamtain the Green
Waste Faailry, and any equipment and tacilities ihereon, in good working order and in dean.
sanilary, and safe condition.
No signs (other than the enirance slgn described �ereinl shall be placed on the
premises unless first approved. in wn[ing, by the Auihorizetl Representative. All signage sheli
comply with the City's estabiished signage cnteria ias same may be amenaetl �rom time to
time)
108 The Contractor shall use its best efforts to assure that its operation of Ihe Green Waste
Faciliry dces not iniedere with the existing character of the surrounding 2sidential
neighbo�hood.
The premises shall not be used as sto�age for any other equipinent or matenals other
than what is requiretl[o peAorm the service Orovided in this Section 10.
�00084123 �OCX.� Page 14 of C6
2050
10.9 Permits: The Ciry has an operating pertnA from Miami-Dade Counry, Department of
Ern�ironmental Resources Management, provided as Exhibit "C" hereta The Contractor shall
be responsible for lull compliance with all ihe reywrements of the operating pertnit in
accordance wilh ihe service provided in this Seciion 10.
10.10 Fee Schedule: The Coniracfor shall atlhere b the fo�lowing fee schedule:
Charqe to ResitlennaP. Free to all residents showing proo(of residency
Charoes;o landscaoe firms: 520D0 per cubic yard
10.11 Adiuslmenis: Upon thirty (30j tlays prior written notice to lhe City Manager and the
City's Sanitation Director, ihe fees sel forth in subsection 10.10 may be atl7usted annualty, on
January 7�'of each contract year("date of atljusimenf'), commencing on the anniversary date o1
the Commencement Oate, acwrding to any increases in the Consumer Price Indez, All Urban
Consumers(CPI-U)' U.S. city a�e2ge. Garbage and irash collection (Unadjusted percent
change)('CPI'1 for the period from�he fitleenth month precedmg the date o(adjustment
IOctober) Ihrough the thirtl month preceding ihe tlate of adjusiment(October); however, ihe
annual maxlmum adjuslment shall not e�ceed five percent(5%). Negalive adjustments�vill not
be permitted, wi[h lhe Noor of Ihe CPI increases being 0. All notifiraLons of ad�ustmen[must be
made in writing. on or before December ist of the year preceoing Ihe date of adjustmenC
otherwise. ihe adjusiment shall be deemed waived for Nat particular year.
10.12 A�I disDosais shall be in acco�dance with current Ciry, Counry, State antl Federal laws
and regWations.
10.13 Indemnification: Contractor shail indemnify, de/end and save the Ciry harmless 6om
and against any and all claims or causes of action (whether grountlless or otherwise), tlamage
injury, IiaDility, cost and expense, of whatsoever kind ot na[ure (induding. but not by way of
limitation, reasonable attomey fees and couA costs�. by or on behafl of any person. firm or
co�poration, for personal injury (includmg death) or propeAy damage, or other, occurring on �he
Facili'y, or in connection with the Contractors oDeration. managemenL mainfenance, and�or any
other activities on or upon ihe Green N/aste Facility. occasioned in whole or in part by:
a)any negligenl act or omission or willful misconduct on Ihe part o�the Contractor or any of
its employees. contractors. agenis. invitees, or guests:
b) any use no� permltted by this AgreemenL or unlawful use of ihe Green Waste Faciliry by
[he Contrac�or, or any oi as employees, contractors, agents, invitees, or guesls; and any
breach. violation. or non-pertormance of any untlertaking by Ihe Contractor, or any ot its
employees,wntractors, or ageNs, invitees, or guests under this Agreement.
The Con!ractor lurther agrees to pay and fo� all Uamage to ihe facilily caused by the
Contrac�or or any employees. conhactors, agents,guests or invitees.
The Contractor shall have no obligation to indemni(y, defend antl hold harmless the Ciry
(rom claims or causes of action. damage. injury, liability. cos� and expense of whatsoever kind
;00084123AOC%.! Page 35 of 46
2051
or naWre (inc�uding, but not by way of limitatioq reasonable at�omey fees and wurt costs)
arising out of p) injury to persons (including death), tlamage to Oroperty, or environmental
contamina�ion relatetl lo operation of the Green Waste Factliry prior to Ihe Commencement�ate
or the tlate when Contractor commencetl operating the Facitity under the Agreemen[
immetliateiy preceding this Agreement, whichever occurretl first (ii) ihe gross negligence or
willful misconduct of the Ciry; (iii) the breach of any terms, conditions, covenan(s,
representations, or warranties in lhis Agrgyment by the Ciry�, or (rv) the violation of any laws.
rules. regulations, ordinances, orders, licenses, or Oermits by the Gry.
The p�ovisions o( �his Section 10.13 shall survive the terminafion and/or expiretion of ihis
Agreement.
10.W. Conlractor Contr�ution for Green Wasce Fadlitv Uparatles�. As additional considereBon
for Ihe Ciry to enier into lhis Agreement, the Contreaor agrees ro pmvitle the City with a one-
time paymen! of Twenty-Five Thousana antl OOI100 (525,OOODO) Dollars, as a con!ribulion
�oward the improvement costs associated with the City's Green Waste Facility pmjecL Such
payment wili be made to lhe Ciry by Confracror within Ihirty (30) days of the Ciry providing
electrical and waler servlce to the Green Waste Fadllry.
11. OTHER SERVICES
11.1 Ne qhborhood Priae Weekend: On the frs!�veekentl of every moMh during the Term of
the Agreement, the Contractor will place five (5), twenry (20) yartl mll oN Containers at such
location or loca6ons in the Qty, as designated by I�e Aulhonzed Representative. These
Containers shalf be pmvided for resitlents to bnng Bulky Waste to the container placement
locations for free drop oB. Containers musl be delivered Orior ro 9�.00 a.m. on Saturtlay, and
picked up prior to 9�D0 a.m. on Monday. The Contractor will partner with Ihe Ciry to advertise the
Neighborhood Pride Weekentls. There wili be no additional cost to Ihe Ciry for(his service.
112 Promotionai M1latenal�. Within sixry (60) days from the Commencemenl Date, Ihe
Contrector will provide corporete IitereWre and promotionai materials to assist Ne City with its
an;i-litter program.
11.3 Pubiic Ativertisements-. As directed by �he City Polanager, the ConVactor will. at ils sole
cosl and expense, place City-approved, pu6lic ativertisements on its collec(ion Irucks. The
Con;rec[or shall (also at its sole cosf and expense) replace any such public advertisements with
new pub�ic advertisements, every six(6)months during the Te�m.
11.4 Coniractor Contrbuton for RewGinp Pmqrem: As atlditional consitlerenon `or the Gity
to enter into this AgreemenL (he Contraclor agrees ro pmvitle the Ciry with an annuat
conlribution, m Ihe amount of Twenry-Five Thousand and OOr100 ($25,000.00) Dollars. payable
each February �" of each contract year during the entire Term ot Ihe Agreement, towartl Lhe
Cify's recychng Drogram.
11 S In Kind Services�. Con[rector agrees to provitle the In Kind Serv�ces describer, m Exhi6it
"E". attached hereto.
�00a69123.D0IX-� Pagu 16 of A6
2052
12. �UALITY OF SERVICES.
12.1 Contractor's Reoresentative�. Prior to ihe Commencemen� Date. lhe Contreclor shall
assign a qualified person, who shall be subject to the pr:or written approval of the City Mana9er.
such appmval not to be unreasonably withheld. to serve as the Contractors representa6ve
unAer this Agreement.
7he Conlractor's Representative shall be authorized ana responsibie to act on behall of
the Contractor wi�h respect lo directing. coaainat�ng. and atlminis�ering all aspects of the
Services and of ihe ConVac�ors obligations under ihis AgreemenL Replacement (includmq re-
asslgnment) of an approved GoNrac�or's Representative s�all not be mada without the prior
written consent of the Ciry Manager.
Notwithstandinq [he preceding, (he Contractor a�so agrees, upon likeen (15) days of
receipl of notice irom the Ciry Manager (which notice shall state Ihe cause thereforeJ, to
prompdy remove antl replace a CoMractor's Represen�a[ive. Any replacemeN shall also be
subject to t�e prior written appmval of the CAy Pdanager.. w�ich approval shall nol be
unreasonably wfthheld.
In addition to Contractor's Representative, the Contractor's supervisory personnel shall also
be available tor consultation with City Manager or Authorizetl Represen;ative, upon reasonable
notice
The Contracrors Representative antl supervisor(s) shall operate vehides which are
capable of direct communications with d�l tmcks and equipment operating within the City limils
performing the Service.
122 Customer Service Reoresentative'. The ContraMor shall specifcally assiqn a primary
and an altemate person (Customer Service Representative) to handle custome� service issues
under Ihis Agreemen', inGuOing. without limila�ion.. ensuriny the U��mpt and salisfaclory
re5oiu��on ol customer complain�s', hantlling cusromer inquiries antl requests for �mFormation�
and any other customer service related issues thal may arise during the course o(providiny the
Services mntemplatetl m this Agreemen�.
The Customer Service Representa!ive shall also be responsible for(axing (or e-mailing)
the Bulky Waste pick-up and cuslomer mmplaiN registers lo the Authorized Representalive.
Ali wmpiaints received by the City will also be forwarded to the designa�ed Customer
Service Representanve.
12.3 Condud of Emolovees�. The Contrac�or shall keep a record of all employees names.
truck numbers, and route assignments. so as to reatlily allow identification of employees af al�
times. The ConUactor shall provide its list of current employees to the Authorized
Representative. 2t the Commencement Date and wilhm tweMy-fwr (24) hours of wntlen
request for same.
{00084123DOCx.{ Page 17 0!46
2053
The Contractor shall select, train and employ such number of employees as is
necessary or app�opriale for the Contraclor to satis(y its responsibilities hereunder. and as
required to pedorm ine Services in accordance with the first class standaNs contemplated
under this Agreement The Contraclor shall recrmt employees consistent with 5lantlarAs
employed by comparable operations.
Contractor shall ensure l0at its colleclion employees serve the cusbmers, and the
general public. m a courteous. helpful. and imparlial mannec The Contracior'S collection
employees will be requiretl to follow and keep to the walkways (or other pedesMan paths) while
on pr.vate property. No trespassng by employees will be permifted, nor will crossing properties
of neigOhonng premises (uniess �he occuDant of both such properties shail have given
Coatracror prior wniten permission). Care shall be taken to prevent damage to povale an0
pubGc property (includinq. without Gmitatioq cans ana containers. cans, racks, structures,
fences, gates, irees and landscaping, etc.).
12 4 Emolovee Uniform Reauiation� The Contractor's colledion employees shall wear a
umform or shiK bearing ihe company's name. The Contractor sha0 fumish to each employee an
Itlen[ifying badge, wRh uniform type, not less than Iwo and one half (2 'S ) inches in diameter.
with numbers antl letters at leasl one (1)inc���gh.All employees shall be required to wear such
batlges w�ile on du�y. lettenng stitchetl on or iaenti(ying pakhes permanenlly attached to,
unitorm shirts antl jackets is also acceptable_
12.5 Vehicle OOeralof l.icen5e: taCh veniCle operator Shall, al all Pmes, carry a valitl dnvefs
license for the rype of vehicle that is being dnven w operated.
12.6 Sa(eN Trainino' The Contractor shall provide operating and sa(ety training for all
personnel so as to ensure that ihe Services at all [imes are provided in accordance with the
highest siantlards for safery and caution.
127 Resitlencv. The Contractor shall make reasonable efforts to, whenever practical in its
ninng policies. to employ personnel from among residents of t�e Ciry of Miami Beach.
12.8 Non-Drecrimination: The Conlractor agrees that there shall be no discrimination as to
race. sex, sexual orienlation. color. creed. national origiq familial status. religion or handiwp, in
She employment practice or in the performance of Ihe Services that Contractor agreetl to provitle
pursuanl to lhe A9reement. All lacilities and Services offeretl shall be made available to the
public.
Atltlitionally, Coniractor s�all compty tully with ihe City of Miami Beach Human Rights
Oramance. codified in Chapter 62 of the City Cotle: as may be amended trom ume ro time.
prohibiting discrimination !n employmenL housing, public accommodations, and public
services on account of actual or perceived race. color. national ongin, religion. sex.
intersexualiiy, gentler idanlrty, sexual oriantation, marital and famllial status. age, disability,
ancesiry, height, weigh�. domestic partner stalus. labor organ¢anon membe�sh��p. familial
SiWallon, or political affiliation
[00084123DOC%-� Page18of46
2054
12.9 Comoliance with Federal State Couniv and Municioal Law: The Contractor shall
comply wnh all applicable Federal. State, Counry antl Ci;y laws, ordinances, rules and
regulafions inciuding, without limitation, those relating to employment protection of the
environment, antl safery; whether now or hereaRer in eHecl.
1210 Cib of Miami Beach Livino NJaoe Ordinance Reauirements'. This Agreement is subject
to, and Contractor shall be required to compty with, the provisions nf the Giry's I.iving Wage
requirements, as wdifietl in Sec[ions 2-407 �hrou�h 2-0�0 of the City Cotle (as same may be
amended from time to time�.
THE CONTRACTOR, BV ITS EXECU710N OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES AND AGREES Tp BE BOUND BY THE PROVISIONS OF THE CITY'S
LIVING WAGE ORDINANCE, AS SAME MAY BE AMENDED FROM TIME TO TIME.
12.11 Ci of Miami Beach E ua� Benefits Ordinance Re uirements: The Contrector, by its
exewtion of this Agreement. acknowletlges that it is required comply with all apphcable
provisions of Ciry OrCinance No. 2005-3494. as same may be amended fmm �ime to time,
which reGuires the Contractor to provide equal Deneflts for domestic partners (the Ord�nancei.
This Ordinance appiies to all employees o`the Contractor who work within the City limils of the
City of Miaml Beach Florida, and the ConUactois employees locatetl in tne Unrted States, but
outside of ihe City of Miami Beach limits, which are directly pertorming work on a con[racl within
the City ot Miami Beach.
THE CONTRACTOR, BY ITS EXECUTION OF THIS AGREEMENT, HEREBV
ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE
ORDINANCE, AS SAME MAY BE AMENDED FROM 71ME TO TIME.
13. CONTRACTOR'S OFFICE
13.1 Generai Contlitions�. The Con!ractor shall provide and maintain throughou� the Term,
at its sole cost antl expense, a suitable oHice bcated within Miami-Dade Counry, with atlequate
staH, to include, at a minimum. Conlrector's Representalive and the Customer Service
Representative.. anC telephone service (inGUAing a telephone number dedicated solely for
handling and disposition of Miami Beach customer service issues inUuding, but not limited to,
incoming complaints. requests Por information, etc.j. The of!ice shall be the man office for Me
Coniractors ftepresentative antl the Customer Service Representative, anC shall be open
6etween 8:00 A.M. and 5:00 P.M., Monday ihrough Fritlay, excluding nationa�ly recognized
hohdays. Between [he hours of 5'00 P.M. and 8:00 A.M_ Monday through Fnday, all tlay on
Saturday and Sunday, antl on nafionally recognized holidays, the Con�ractor all of which shall
provide and maintain voice-maii, answering service and all messages shall be responded to by
the following working day.
14, PAYMENT AND BIILING
14.7 Comoensation'. In consideralion of ihe Services to be Orovitletl 6y ihe Contrac[or
pursuanl to this Agreement. the Ciry shall pay�the Contractor for Residenlial Service, a per
ind��vidual Single Family Residence or intlividua'� unit in a Multiple Dwelling Uni(s buildiny, a fee
�00086123.DOCX_J Page 19 nf 46
2�SS
('Unrt Price"), in ihe amount o( 542.03 per monih, o( which: (I) 25% ($70.51) rela�es b the
disposal cost ("Disposal Costs"). which, as described in su�section 14.3, is subject to c�ange by
Miami-Dade Counry, wi!h any increase to tne Disposal Costs being a passthrough ezpense to
the City�, and (ii) the remaining 7590 (S3t 52) relates to the collectbn costs ("Coliection Costs"),
wNch Collection Costs are suhject to annual CPI adjustments as tlescribed m subsection 15.1.
TOe Unit Pnce is indusive ot all cosls for the Services lo be provlded herein, except where Ihe
Agreement ezpressly provides tor the payment of aaditional tees. Contractor �urther
acknowiedges and agrees that ihe payments of any such additional fees are subject to the prlor
written authorization and approval of the City Manager.
142 Billing Procetlures: 7he Conlrector shall su6mil an imoice by Ihe 1U�^of each munth for
work,'services rendered dunng the precetling month. Payments will be made to the Conlractor
on or be(ore lhe 30'^day o(each calendar month upon verification of the invoice submittetl.
Invoices shall be su6mitled to'. City of Miami Beach, Florida
Sani�ation Division Director
140 MacArthurCauseway
Miami Beach. Flonda 33139
On the frst tlay ot each month, paymem(s� may be aajus�ed !o correspona with ��e
occupancy of ezisling oi new buildings. and the demoli�ion of old buildings. The adjustmem shall
bv for huilAings eilher oCcupietl or tlemolition tlunng the second month precetling �he
adjuslment (For example, any adjustment maee on June 1 ot a contrac! year woula 6e (or
buildiogs occupied or demolished in Apnl of the suhject year). Any existing unit shall be
considered unoccupied whenever the Ciry has temporenly terminated water service, at Ne
cuslomers request Any new unit shall 6e considered to be occupietl when a Certificate of
OccuDancy (CO) has been issuetl by ihe Gry, and water service nas been provided to the
occupant(s). Demolition permits issuetl 6y Ne City's Builtling Department shall 6e proof of
tlemofition. The Ciry will notiy ihe Crntractor of any existing unit that is considered unoccupied
and of any new unit consideretl to be occupied.
14.3 Adiustments in Disoosal Costs�. The parties acknowletlge that the Unit Price is
calculated in part, by taking '�nto consideration t�e Miami-Dade County tipping fee, in e%ect as of
the Commencement Date. However, It is recognizetl that, from time to time during ihe Tertn, the
Disposal Cosls (tipping fee) may change. In the event of such change in tipping fee. the
Contractor shall make a request, in wnting (accompanied by any suhstantiating documentation),
to the City Manager for an increase In the Unit Price (tlue lo an increase in the lipping(ee). The
City Manager shall grant the request within 30 days of receipL My increase grented pursuant
to this subsection, ai mazimum, shall only be in propoAion to the actuai increase in the tipping
fee.
Notwithstanding the preceding, decreases in Ihe Disposal Costs shall en�dle t�e Gty to
receive an automatlr, tlecrease in !he Umt Pnce(in pmportion to the acNal tlecrease in t�e tee)
14.d Unusual Chanoes or Cosis: The Coniracbr may request a rate atl�uslment, by written
request (with supporting documenlation) lo �he City Manager, on the hasis of unusual changes
{OOOS4123DGC�C7 Page20u@fi
2056
in its cost of doing business, change in laws, or changes in bcation of disposal sitea The Ciry
M1tanager shall then submit Ihe request (and his/her recommendahon) to Ihe City Commission
For its considera[ion and approval. which appmval, if given at aIL shail 6e at the Commission's
sole discrelion, but shall not be unreasonably withheld.
Notwithsianding the preceding, any changes or any other conditions which occur Ihat
reAuce Contractor's cost shall enliUe Ihe Ciry to receive an automatic Unit Price decrease (in
proportion to the decrease in Contractor's costs).
14.5 Penalties Any mone[ary penalties. as liste� in E:hibit "B:' attached herero and
inmrporated herem, assessed against Contractor shall be deducted from the monthty billing Io
the Contractor(without Iiablliry to the Ciry)_
75. CONSUMER PRICE INDEX(ADJUSTMENTS TO COLLECTION COSTS ONLY)
15.1 All Urban Consumers (CPI-U)�. U.S. citv averaqe Garbaqe and trash collection
iUnadiustetl cercent chanoel: On January 1, 2020. and on Jarwary i°' o� each subsequent
contract year du�ing the Term �'date of adjuslmenP'�, the compensation pa�d by Ne Ciry to the
Contraclor for Collection Costs pursuant to this Agreement sha:l be adjusted, according to !he
percentage of increase reflected in the Consumer Price Intlex. All Urban Consumers (CPI-l1).
U.S. city average, Garbage ar,d trash collection ;Unad�usted perceni change) ('CPP) !or the
period from the ffteenth mon[h preceding the date of adjustmeM jOctober) through the tnird
month preceding t�e date of adjustment �October): provided, however. that Me annual
mazimum adjuslment to the Disposal Costs shall not exceed fve percenl f5"/o). Negative
adjus[ments will not be permitted, with Ihe floor of the CPI increases being 0. The CPI
adjustment shall only appty to the Collec6on Costs. The Disposai Cos[s. shall �e subje�t to
pass-ihrough adjustment as tlescnbed m subsection 14.3 above. AO requests for atljustment
must be made in writing, by the requestlng party. on or be(ore December Isc of the year
preceding the da!e of atljus�menF, otherwise, the ad��stment shall Oe tleemed waived for Ihat
particular year.
16. CONTRACTOR'S PERFORMANCE
16.1 Aqreement Administration'. If at any bme during the Term,the Contractor's peAormance
of the Services is tleemetl unsatisfactory. m the reasonable judgement and discretion of t�e Ciry
Manager, Ihe Contractor shall immedia�ely take any and all such adions, as may 6e reasonably
requiretl by the Ciry Manager, to satisfactorily correct any such deficiency(ies)�, including.
withoul limitatioq Increasing its workforce and equ�pment, or take such other actions as
necessary so that [he Contractor is a6le to peAorm (or continue to peAorm) the Services in
accor0ance with the frs4class stantlartls contemplated �n this Agreement.
If the Contraclor neglects or fails to correct ar,y deficiency(ies).. and'or immediately restore
peAormance to a satisfactory level. t�e Ciry Manager may, a( his/�er sole discretion, and aRer
grving the Contrector three (3) business days written nollce, take such additional sYeps as
he!she deems necessary including, without limitatior, undertaking peAormance to mrrect such
deficiency.This shall be without pre�udice to any other remedy the City may have. In ihe case of
�OOOSGI.3.00C%.1 Fage 21 c106
205�
bona fitle emergencies, as determined by the City Manager ��n hisiher sole antl reasona6le
discretion, invoWing public health or public safety or to protect against 1o5s or Gamage or to
prevenl or minimize serious disruphon of the Services, the City may cause such work an0/or
services as is necessary to be performed withoul prior no6ce lo the Contractor.
The Ciry, at its discretion, may draw down from the Bond or may tledud from lhe
compensation to be made to the Gontractor, ihe arnuunt o(any and all acNal arid out-of-pocket
costs incurred in conecfing deficiencies made necessary be such neglect or faWre. If Ne
amounl of Ihe Bond, of d such payments lo be made b lhe Contra<lor are not suffcient to co�er
such amounl, the Contractor shall be liable m such amounl to ihe Gty.
Nolwilhstanding the preceding. lhe iaiWre of the City Manager to give such noti(icahon(s)
5hail nol relieve nor excuse Ihe CONractor of its obligation to perform any work and/or services
required by this Agreement. in accordance with the standards contemplated in this Agreement.
162 Aareement �nformahon: Upon reasonabie notice from lhe City Manager or Authonzea
Representative, the Contractor shall furnish any and all informalion and/or supporting
Oocumentation to ascertain whether or not ihe Services are heing performed. in acmrdance
with the requirements antl wrth the first class standards contemplaled in this Agreement.
163 insoeclions The City Manager may appoint such person or persons, as lhe Gty
Manager may deem qualified, in his�her sole judgement an0 discretioq m inspect the
Con[ractor's �Geraliuns. incWdiny ite wwkfuiae a�W nyuipinenL at airy tiine during the Terin,
upon reasonable notice to the Contractor.
i6 4 Access. The City Manager, an0/or his!her authonzed represenlatives, sha�l, during all
reasona6le times. and upon reasonable notice. be permitted free anC open access to the
Contractors facilities (inclutlmg the Green Waste Faciliry), worMorce, ana eqwpment, for the
purpose of inspectin9 the Con�ractor s peAormance of the Services. �
16.5 Authorized Reoresenlative: The Contractor shall cooperate with ihe AulOorized
Representative ot [he City in every reasonahle way in order ro (acilitate any Cify inspections
relatetl to Contrectors facifities, eqwpmenC workfome.. and:or to ihe quality, performance and
progress of ihe Service. The Contractor shall at all times have a competent and reliable. English
speaking representative on duty, who is authonzed to receive orders and to act lor the
Contractor on any operafional matters related lo this Ag�eement.
t6.6 Records and Audils The Contractor shall keep futl antl accurate accounting rernrds
relating to the Service.. in accorAance wi�h generally accepled accounling principles. The
Contractor shatl maintain a system of 600kkeeping adequate for its operations hereuntler. The
Conirector shall give (he Ciry Manager and!or hrs/her Authorizetl Representative access to such
600ks and records, during reasonable business hours and upon reasonable advance notice
The Conlractor shall keep and preserve the atorestated recortls lor at teast three (3) years
foilowing each conhact year during the Term. or tor as long as such records are requiretl lo be
�eta�netl pursuant�o Flonda Public Records Law. In a�dition antl no�wM1hslantlinq the preceding,
the Ci�y Manager shall have the nght. at any time (and from t�,me !o timej, to cause intlepenUent
j00084123.DOC%.) Fage 22 of 46
?�rJa
auditors ro audit all of 'he books of Contractor relating to the Services. The City shall be
responsible'or the msis incurred by it conducUng such audit.
167 Failure �o Enforce: The failcre of either party at any time to require peAormance by ihe
other party of any pmvision(s) hereof shall in no way aHect Ihe righl of the enforcing paAy
thereafter to en(orce same, nor shall such faiWre 6e consirued as a waiver by t�e enforcing
pa�y of the breach of any provision(s) herein�, or held a waiver of any breach of such
provision(s), as a waiver of ihe prov�sion(s)itseiF.
17. [Inlenlionally Omit�ed�
78. COMPLAINTS AND COMPLAINT RESOLU710N
18.1 Comolaints�. The Contractor shail prepare and maintain, in accoraance with a formal
approved by Ihe Authonzed Representative, a register of all customer (or Ciry) complaints,
which shall, at a minimum, indicate date and time when the complaint was received, and how
and when it was resolved. Such records shall be available for City inspeciion at all times tlorin9
reasonable hours and upon reasonable notice.
Al 2 minimum; ihe Contractor shall adhere to the following schedule in the
hanAling.4esoNbon o`complainls:
a) Any complain's received 6y the Conhactor before 12�.00 noon shall be resolved before
4�.00 pn�. ot the same Aay;
b) Complaints received after 12:00 noon, but before 12:00 midnight, shall be resolved
before 12:00 noon fol�owing Aay;
cj Complaints received after 12:00 midnight, but 6efore 8:W a.m., shall be resolved
be/ore 12�.00 noon of;he same day; and
d) Complaints received aker 12�.00 noon on the day preceding a holiday, or a Saturtlay or
Sunday, shali be resolved no later Ihan before 12:Q0 noon of the next working tlay.
A daily listing of all complaints (iled, and of their disposition. shall be provided to the
Authorized Representative at the end of each business tlay (by fax or e-maip. Legitimacy o'
chailenged wmplaints shall be determined on the basis of a joint inspection by the Authorized
Representative and representative of the Contractor. Disputes shall be refertetl to the Ciry
Manager,whose decision shall be final antl bindin9 on all parties.
The City's auditors may communicate directly with customers. tor the purpose of confirming
Contractor's compllance wlth complalnt hantlling/resolution.
162 Dlsoutes aboul Collec6on of Certain Items'. Il is recognized that disputes may erise
between the City and the Contractor, and between Ccntractor and customers, with regard to the
collection of certain waste (disputed waste). The City Manager or Authonzed Represertative
may, from time to time, require Coniractor to remove any such tlisDuted waste; irrespective of a
pending or acWal dispote with regard �o whether or not the type of d�sputed waste which is
1000 8 4 12 3DOCX-j Page 23 of 46
2059
being requested lor removal is wi�hin ihe scope of ihis Agreement Should the Contracbr fail to
remove dlsputed waste within twenty-four (24) hours hom recaipt of notification by the Ci�y, Ihe
City, at iis sole option; bu� not its obliganon may tlo so. and all costs inwrred by Ihe Cily shall
be detlucted trom ihe monthly compensation due the Conlractor.
18.3 Penalties: The CoNrac�or acknowledges Ihat it is the inten� oF the Ciry to ensure that Ne
Contractor pwvides the highesl quallty level of service pursuant lo this Agreemenl To further
ensure the Contrector's continuous peAormance oF the Services in acmrdance with the frs4
Gass standards contemplated under this AgreemenL lhe Con[ractor shall use its best efforts to
hantlle and resolve complaints, in a prompl antl eRicient manner. and to the reasonahle
satisfaction of the Ciry Manager and the Aulhorized Representative.
Failure lo resolve any and all complaints may result in the Contracror being assessed
mor.etary penalties in Ezhibit "B" herelo. Any monetary penatties assessed to the Contractor
(pursuant [o Ezhi6it "e") shall Ge deducted from ihe monthly wmpensa[ion due b the
Contractor(withoW Ilabiliry to!he Gty).
79. �IntenlionaliyOmiUed�
20. PERFORMANCE BOND
20.1 Amount of Bontl: Contractor shall. upon execu�ion of Ihis Agreement Dut in any event
pnnr t� ihe CnmmenqemPnt Datn, (urnish to Ihe City a PaAormano5 Bontl Qhe 8ond). in the
penal sum as atated Oelow, for the paymenl of which Contrector shall bind itseif for t�e failhful
performance of lhe te�ms and conditions of this Agreement
The amount of the Bond wlll be one huntlred percent (100%) of the annual
compensaHon to be paid to Contractor.
T�e Bond shall be maimaineo m full force and etfect throughout Ihe Term anA may be
renewable on en annual basis.
202 Citd�s RioMs 7he City may 'tlraw down` upon all or any portion of Ihe Bond in the
event that Contractor Fails to comply with its obligations under Ihe Agreement and such failure
shall continue beyond any applicable grace and cure period. The Contrecfor shall pay(or any/all
reasonable outside legal fees lhal may be incurred by �he Ci�y in prevailing in any action to
coltect on Ihe Bond. If paymen� of any amount daimea against the Bond is not receive0 within
thirty (30) days of submission o(a claim, the Con�rac�or shall also be responsible for mterest, at
the grea�er of the staWtory ra�e in Piorida or �he prime rate. to be paitl on �he amoun[ Gaimed
against the Bond. In the event Ihe Ciry "�raws down" againsl all or any portion of the Bond at
any time during the Term, the Contractor shall immetliately replenish the amount so drawn, so
tha� Ihe 8ond is maintained in ihe full requiretl amount at all times tluring the Term of lhis
Agreemen�.
203 Form of Bond� The form of the Performance Bono is sublect to apD�oval by t�e Cifys
Chief financial O�Ocer. which approval shall not be unreasonably withhela.
!0008at]7DOCXF °age29cf66
Zoso
20 4 Quali(ed of SureN: 7he Pe�formance Bond must be executed by a Surery Company of
remgnized standing, authorized to do busness in the State of Flonda antl having a resident
agent m Miami-Datle County- The Surety Company snall hold a current Cemfcate of Authority
as acceptable surery on Fetleral 8onds.. in accordance with U.S. Department of Treasury
Circular 570. in Curren(Revision.
27. INSURANCE AND INDEMINIFICATION
21.1 Inswance�. At all times during the Term. the Con[ractor shall comply with (and. in the
case of insurance coverege, maintain in full force antl efteci) �ne insurance provisions set forth
in RFP No. 2018-024-WG and attached antl inmrporated as Exhibit "D" hereto.
All insurance provitled for in ihis subsection 21.1 and Exhibit "�" hereto shall be in such
form and shall be issued by such responsible insurence wmpanies licensed to do business in
the Slafe of Florida with companies having a rating A-:V1 or betler in BesCs Insurance Guide, as
published 6y A.M. Best antl Company. Upon execulion of this Agreement and, thereafler, not
less than Ihirty (30j Aays prior to the expiralion dates of the policies required pursuant to
subsection 21.1 antl Ezhi6it "D", onginals of the policies or certificates. or renewal certifcates,
as the case may he, bearing nolafion5 evidencing Ihe paymen� o(premiums or accompanietl by
olher evidence reasonably satisfactory to the City's Risk Manager at 1700 Convention Center
Dnve, Third Floor, Miami Beach, Flonda 33139.
Each policy of insurance required to be camed pursuant to subsection 21.1 and Eahibil
"D" here�o shall contain (i) a pmvision wvering lhe indemnifiration obugations in subsection
212 hereof�, (ii) a pmvision thal no act or omission of the Gry or the Contraclor shall aHect or
limit the obligation of the insurance company to pay ihe amount of any loss sustained; (ui) an
agreement by the insurer that such policy shall not be cancelled, modifed or denied renewal
without at least ihirty (30) tlays prior written nohce b Ihe Cily Manager(with copies ro the City's
Risk Manager at lhe adtlress provitletl in Ihis subsection): and (iv) a waiver o! subrogation by
the insurer. All insurance procured by the Contrador in accoNance with the reyui�ements of this
subsection 21.1 and Exhibit ^�" shail be primary over any insurance cartied by the Ciry and
rrot require contribution by ihe City. In addition. rf Ihe CoNraclor enters into any agreements
during the Term herein with any su6contrectors and,+or independent contractors for the provision
o(any work anabr services hereunder, Contractor shall require such contractors ta name the
Ciry as an additional insured under and insurance required by tne Contractor thereunder, antl to
deliver b Ihe City's Risk Manager. prior to pedormance of such work andlor services, a
certifica�e evidencing (he existence ihereof.
2L2 Indemnificahon�. 212.1 In consideration of a separate and specific considerabon of Ten
(510.00) Dollars antl other good antl valuable consitleration the receipt and sufficienq ot which
are hereby acknowledge4 the CoNractor shall indemmfy, hold harmless and tlefand ihe Ciry. its
officers, employees, contracrors, agents or serv2nis (collectively, [he "Indemnitees), from and
against antl assumes all IiaUiliry tor any antl all claims. suits, actions. damages, liabilities,
expendiWres or causes of actions of whatscever kind or naWre (cnlleclively, ihe `Gaims")
arising oiit o( the any soiid waste coilection and/or disposal activilies, andior use of any public
s�reets for the purposes aulhorizetl under ihis Agreement or resulting or accrwng from any
1�084123 DOC%.; Page 25 0!46
2061
negligence, act. omission or error of the Contrector, its ofticers, employees, contraciors. agents
or servants, in connection wrth its operations antl/or ihe pertwmance of the Services
conlemplatetl untler chis Agreement, or with any other City or Counly orUinance or state or
tederal law applicable to its activities and resultmg in or relating to hodily injury, loss o( life or
limb or tlamage to property sustainetl by any person. Contractor shall hold the Indemnitees
ha�mless from an0 against all juagments, aders. decrees, reasonable atlomey's fees.. cosis.
expenses and liabilities inwrred in and a6out any such Uaim, investigation or defense thereof,
which may be entered, incurred or assessed as a resalt o( lhe foregoing. Contractor shall
defentl, at his sole mst antl expense, any legal actioq claim or proceeding instiWtetl by any
person against Ihe Indemnitees, as a result of any ciaim, suit or cause of action accruing from
activroes authorizetl pursuant to this Aq�eement.
2122 The indemnifcations in subsechon 27 2.1 shall not be limited in any way by the type or
amount ot insurance carned by Ne Contractor.
212.3 Subsections 212.7 antl 2L22 shall survive the �ermination or ezpiration of thls
AgreemenL The foregoing notwithstantling,t�e Contractor s�all have no tluty ro intlemnify, hola
harmless, or defend an Indemnitee to the extent any such Claims are causetl by: li)the gross
negligence or wilNul misconduct of any InAemnitee; (ii; the breach of any terms. contlitions.
covenants, representatlons, or warrenlies In this Agreement by the City, or (iii) the viWalion of
zny laws. rWes, regulations.ortlinances, orAers, lir.enses, or permits by any Intlemnitee.
22. DAMAGE TO OR DESTRUCTION OF EQUIPMENT
It any of Coniractor's equipmeN is damaged. destroyed. or stoien by an event which is covered
by Contractor's insurance, Contractor musl utiDze the insurance proceeds �o immediately repair
w replace the equipment with similar equipment of at least equal quality. If the insurance
proceetls are insutficient, or Ihe equipment has heen damagetl or destroyed 6y an uninsuretl
casualty, the Contractor shall be solely responsible for provitling the additional funtls, as neetletl
to immediatety repair or replace the eqwpment in accoreance with t�e stanaard requireA by this
Section 22.
23. EVENTS OF DEFAULT BY CONTRACTOR
Each of Ihe (ollowing events or condrtro�s shall constitNe an event of tlefault by Coniractor.
a) any failure by ihe CoNractor to pedorm or�omply with the terms and contlit�ons ot chis
Agreement, antl saitl failure ron�inues for fikeen (15) tlays aker wriften notire to Contrector
demanding that suc� faiWre be cured'.
b) (ling by or against t�e Contractor (or the PeAormance 0ontl Surety) of 6ankruptcy,
recewership, assignment for the henefit of creditors, liquitlation.. tlissolution, composition or
reorqanization peti6on, or o�her insolvency pmceedi�g�,
c) if any work or sen;ices reGwred untler ihe Agreemenl shall be vawted or abandonetl by
ihe ConUactor during the Term for a consecutive period of seven i7)days or more�.
100084123.DOCA 1 Gage 16 0!G6
2062
o) any representation o� warrenry fumished by the Contractor under t�is Agreement is
found to be false or misleading m any mate�ial respect when made;
e) faiWre to wmpty wilh ihe complaint handling%resoWtion procedwes set forth in Section
18 hereof�,
f) in excess ot twenty (20) complainis in any calendar monlh tluring the Term�, and
g) not resolving complain�s of missed senlce(within [wenty four(24)hwrs)in excess of Fve
(5)times in any calendar month tluring lhe Term.
I4. REMEDIES UPON DEFAULT BV CONTRACTOR
24.1 In ihe event of default by Contractor, ihe City may, Nrough (he City Manager and without
election ot remedies�
a) immediatety terminate the Agreement (withoul any legal aclion required) by delivery of a
wntten rrotice b lhe Contractor, in which use. the termination shall become etteclive as of the
date set forth in the City's notice. The Conlrar.lor shall. at its sole msL remove any and all
personnel and equipment from the City to relinqulsh the Green Waste Facdiry. and the Ciry may
immetliately conlract with anolher ffm or firms to provide the Services contemplated hereunder
!o lhe City;
�) wrthhold all or any part of Contracmr s compensation hereunOeC
c) seek recovery on (he Perfoimance Bond;analor
d) exercise any antl all remedies avadable.. at law or in equity, including bringing an ac6on or
actions against Contractor for recovery of amounts due antl owing to ihe City, and/or for
tlamages (wh�ch shall indude all msts and expenses reasonably incurred by the Ciry in
exerdse o(its remedy), andior for specifc peAormance, injunctive relief or any other aopropriate
equitable remedy.
If the Ciry considers i� to be in its bes� interests, it may elect not lo dedare defaWt or (o
terminate the AgreemenC The paRies acknowledge �hat this provision is solery for the bFne6t o!
City and that if the Ciry permits the Comractor to continue to pertorm Ihe Services (or any
ponion lhereo�despite one or more events o(default, the Contrec�or shall in no way be�elieved
o!any of its responsibilities, tluties,or obligations under Ihis AgreemenC nor shall the Ci�y waive
or relinquish any o!its nghls.
242 Riah�s lo OflseC Any addilional costs incurred Dy the City m the avent of termination of
this Agreement for default, or othenvise resWliog trom �he Contractor's pertormance or non-
pertormance untler this Agreement, inclu0ing (without limita�ion)the exercise by the City of any
of Ihe remed�es available to it under subsection 24.1 hereof. antl any credits tlue to or
overpaymen(s matle by fhe City, may Oe of(se: by use o� any payment tlue for the Services
wmoleled Defore ihe terminalion for tlefaWt or betore the exercise of any remedies. It such
amount oRset is msu8icient to cover such excess costs. lhe Contracb� shall be liable for and
�00084123.D00(.f Page U af 46
2063
promptly remit to the City the difference upon writien demand Iherelore. This righ� �o ofiset is on
adtlitbn to antl not limi�ation of any oiher remeAies available lo Ihe City.
25. TERMINA710N FOR CONVENIENCE BY THE CITY
The City Commission, in addilion b�he City's rigMs and options to�erminate 5et forth in Seclion
24 hereot, o�any other provislons set forth in this A9reement, retains the nght to terminate this
Agreement a� its sole option, at any lime, for convenience, wrthoul cause and wi[hout penalry.
when in its sole discretion it deems such termmation is m the best interest of Ihe City. Said
termination (or convenience shall become eflactive thirty (30) days following receip! by Ihe
Conlractor of wntlen termination notice. In that event, the City shall only �e requiretl to
wmpensate the Con[raclor (or all vrork/services satisfadonly performed by t�e Contractor up to
Ihe lermination date, and such payment shall be the rotal e�tent of lhe City's liability to Ihe
ConVactor under the Agreement.
26. APPLICABLE LAW AND JURY WAIVER
This Agreement shall be governetl by. antl construed in accordance with, tt�e lar�s of the State
o! Floritla, both substantive and remedial. without regar� to principles of conflict of lawa The
exdusive venue for any litigation arising out of this Agreement shall be in Miami- Datle Counry,
Plorida, if in state murt. and �he LL5. Disirict Court, Southem Distncl of Fbrida. if in federal
court. BY ENTERING INTO THIS AGREEMENT. CITV AND CONTRACTOR. EXPRESSI.V
WANE ANY RIGNTS EITHER PARTY MAY HAVE 70 A TRIAL BY JURV OF ANV CIVIL
LITGATION RELATED TO. OR ARISING OUT OF.THIS AGREEMENT.
27. LIMATAT�ON Of LIABILITV
The City desires to enter mto lhis Agreement only if in so tloing lhe Ciry can place a limit on
the City's maximum Iiabihy for any cause of action lor monetary damages due to an aileged
breach Dy ihe City of Ihis AgreemenL. so that its liability for any such breach never exceeds a
maximum of ore hundred thousand (5100.000.00) tlollars. The ConVacto� hereby expresses its
willingness to enter inlo th'�s Agreemenl with recovery form the City for any damage action for
breach of Agreement to be its actual aamages but in no event to exceed a maximum one
hundred thousand (5100,000.00) dollars. Accordingry, and notwithstanding any other term or
condition of this Agreement, ihe Cont�ador hereby agrees lhat the City shall not be IIa01e to the
Contractor tor oamages in an amount in excess oi one hundred thousan0 (g100,000.00)dollars
pursuant to this Agreement, for any adion or clam for breaM of Agreement arisinq out of t�e
peRo�mance or non-pertormance o� any obligations imposed u0on the City by this Agreement.
Nolhing contained in this subparagraph or elsewhere in this Agreement is in any way intended
lo be a waiver of Ihe pmitahon placed upon Ihe City's liability as se� forth in Floritla S�aWtes..
Seaion �6828-
28. REPRESENTATION AND WARRANTIES OF CONTRACTOR
Tha Coniracto�warrants and represen[s to me Ciry, as an inducemem to ihe Ciry to execute this
Agreement. vehich re0�esentalipn and warraoties shail survive the Agreemeot, that.
�00084123.DOIX.'; Page 28 of 06
2064
a) Tha� it ts authorized [o do buslness �n the State of Flonda and is properly licensed by,
and has ali necessary permrts from, all necessary and reQuired govemmenial antl public and
quasi-public authon6e5 have juristliction o�er it antl over the Services;
b} Its exew6on, delivery, and performance o( this Agreement has been tlWy authorized
by, or is in accordance wi�h, its organic insiruments, Ihis Agreement has been tluly exer,Wetl
and tleliveretl for it by ihe signatones so authorized�, and its wnstitutes its legal, valid antl
binaing obligations:
c) Its execution, delivery, and peAormance of this Agreement will not result in a breach of,
viola[ion ot, or cons;itme a detault under, any agreemenC Iease or instmment to which it is a
party or by which it or ils propetlies may be bound or aHecled:
d) It has not received any notice, nor lo the best of its knowledge is ihere pending or
threatenee any notice, or any violation of any applicable laws, ordinances, regula6ons, rules,
decrees, awartls, permits or orders which would matenally, aoversely aHect i�s abiliry ro pertorm
hereunder. and
e) It has, or will have urder its control on the Commencerr�ent Date, all equipment
machinery. manpower, as necessary antl repuired ro perform its obligations under this
Agreement, antl has suHlcient ezpenence and competence to do so;
f) It is financially solvent, able to pay its debts as Ihey maWre, antl possessed of suHicient
wo�king capital to pedorm its obliga�ions under this Agreement;
g) It and each of rts employees, agenls, and subcontraclors of any lier is competent to
pedorm its obligations under Uis Ayreement;and
h) Ils duly authorized represen[ative has visiled the Collection Area, familia��zed itself wilh
ihe locai condM1ions under which ihe Services are to be pe�ormed., and wrrelated its
ohservations with Ihe required work and services under this Agreement.
29. ExCIUDED WASTE
Nolwithstanding anything herein b Ihe coMrary� (a� Contractor shall have no ob6gation to
collecl any mate�ial which is or contains, or which Contraclor reasonahty Delieves to be or
wntain Special Waste("Ezduded Waste"):. (b) i/Contractor finds whal reasonably appears lo be
discarded Excluded Waste, Contmctor shall promptly notify �he Ciry antl the Droducer of the
ExUuded Waste, if ihe producer can be readily �tlentified; and (c) 1ille fo antl Iiabiliry for any
Exclutled Waste shail remain with the producer of Ihe Excluded Waste, even i/ Contractor
inadverten�ly collec(s or disposes of such Excluded Waste.
30. COMPLIANCE WITH APPLICABLE LAWS
The Conlractor shail perform its obligations hereunder in co�npliance with any and all appiicable
Fetleral, Slate of Florida, and local (Ciry of Miami Beach antl M1tiami-Dade County) laws, rules.
regulabons. and codes: in accordance wi�h sourtl engineenng antl safety practices'. and in
compliance wuh any antl all administra6ve rules, regulauons, antl policies of the Clty relative b
{00089,23.�OIX.f Page29o�4fi
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Ihe Services. Prior lo the Commencement Date, tne Coniractor shall tre solely respvnsible for
obtaining any and all licenses, permits. apDrovals. and authorizabons as may be required to
peAorm its obligations hereunder. and shall thereafter be repuired to maintain same in full force
and eHect and in good standing, al all times throughoot the Term. Except where expressty
repuired by applicable laws and regulalions. the City shall not be res'ponsible for monitorinq
Conirector s comDliance with any laws or regulalions. When the Conlractor observes conflicting
regulatory requirements. it shall notify the Gi�y Manager, in writing, immediately. If the
Con[ractor performs any of Ihe work or services reQuired by Ihe Agreement knowing or having
reason to know, Ihat such work andior services are in violation of such laws, rutes antl/or
regula�ions, contractor shall be solely responsible tor ali costs ansmg directly therefrom.
31. TAXES, LIENS AND FEES
The Contracror shall pay on or before !he due date a�l taxes, fees, and assessments which may
6e levied upon or in respect of the equipment, or its operation, inclu�ing but no� limited lo
commercial personal propeAy taxes, sales taxes. and intangible taxes, and Ihe Contractor shall
pay on or beFore the due da(e any olher charge of any character which may be imposed or
incurred by any pub�ic au�hority as an incident to Iitle to. owne�ship of. or ope�alion of the
eQuipment. In the event ihat any lien or encum6rance of any nature rela�ing �o the Contractor's
equipment or the operation or maintenance thereof is �iled upon the City, tne Contrecbr shall
have thiny f30� days form the date of written notice by ihe Authonzed Revresentative to nave
such lien nr enr.nmhranc�hnndwl n%or disohargeA.
32. NOTICES AND CHANGES OF ADDRESSES
All "Notices" to be given by eifher party fo the other shall be in writing and musl be either
delivered or mailed by registered or cetlified mail, reNm receipt requested, addresses as
follows:
Ta City. CITY OF MIAM111 BEACH, PLORIDA
OFFICE OF THE CITV MANAGER
1700 CONVENTION CENTER DRIVE, 4TM FLOOR
MIAMI BEACH. FLORIDA 33139
With copies ta. CITV OF MIAMI BEACH, FLORIDA
PUBLIC WORKS DIRECTOR
PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BFACH, FLORIDA 33t39
Antl
CITY OF MIAMI BEACH. FLORIDA
SANITATION DNISION DIRECTOR
140MACARTHURCAUSEWAY
{0008a123DOCX.; Paqe 30 0146 �
2�66
MIAMI BEACH, FLORIDA 33139
To Contractoc WASTE CONNECTIONS OF RORIDA, WC.
DlB1A WASTE CONNECTIONS OF PLORIDA
1780 HUGHES LANDING BOU�EVARD, SUITE 800
THE WOODLANDS, TExAS77381
ATTM JASON CRAFT, REGIONALVICE PRESIDENT
SNilh Copies[o: WASTE CONNECTIONS OF FLORIDA
605 CRESCENT EXECUTIVE COURT, SUITE 340
LAKE MARV, FL 32746
Or such other atldresses as either party may hereinafier designate by a Notice to the other.
Notices are tleemed tlelivered or given and become effective upon mailing it mailed as
a�oresaid ana upon actual receipt it olherwise delivered.
33. FLORIDA PUBLIC RECORDS LAW.
a) CoNractor shall comply with Florida Public Rec,nrAs law un0er Chapter 119, Florida
Statutes, as may Oe amended lrom lime to time. Records made or received in
connection with lhis Agreement a�e pu6lic records untler Florida law, as tlefined in
Seciion 119.011(12), Florida S[atutes.
D) Pursuant to Section 119.0701 of the Florida SfaWtes, if the Coniracror meets �he
definiLon of'Contracto�' as defined in Section 119.0701(1)(aj, Ihe Contractor shall�.
(1) Keep and maintain public rewrds required by the Ciry to pertorm the service�,
(2) Upon request from the Ci(y'S custodian of public records, provide the Cily with a
copy of the requestetl records or allow the recartls to be Inspected or copied
within a reasonable time al a cost Ihat does not exceed the cost provide0 in
Chap�er 119, Florida S1aWte5 or as other.vise providetl by law�,
(3) Ensure that pubGc remrds that are ezempt or confidential and exempt from
public records disclosure �equiremen(s are not disclosed. except as aWhorized
by law, for [he duralion of Ihe wntrac� term and foilowing completion of the
Agreement if the Contraclor does not transfer the records m Ne Ciry:
j4) Upon cnmpietion of ihe Agreement, Iransfer, at no cost to �he Ciry, all public
rewrds in possession of the Coniractor or keep and maintain public recoras
required by me Ciry to pertorm the service. If the Contrador Irensfers ali public
records ro the City u0on mmpletion of the Agreemeni. the Contractor shall
destroy any duplicate public recortls mat are exempt or con6dentiai antl exempl
from public records disclosure requiremenls. If the Contractor keeps antl
maintains public records upon completion of�he Agreemen�, Ihe Contrecio�shall
meet all applicable requirements lor retaimng public records. All recorOs s�ored
electronically must 5e provided to ihe City, upon request (rom the City's
custodian of public records, in a fortnat ihat is mmpatible with ihe infortnation
technology systems o�the Ciry.
ci REQUEST FOR RECORDS; NONCOMPLIANCE
{00084123DOIX.f Pe.ge33ofd6
Z�6�
(1) A request to inspect or copy public records relaling to lhe Q�y's wntract for
services mus� be made directly to Ihe Ciry. If the City does not possess the
reques�ed records, the Gry shall immediately notify Ihe Con[ractor of the request.
and the Contracbr must provide the recortls m the Ciry or allav the records to be
inspec[ed or copied within a reasonable time.
(2) Contractor's failure to comply with the Gi�y's request for records shall constitute a
breach o(this Agreement, and Ihe Ciry, at its sole discretion, may. (1) unilaterally
terminate the Agreemenf, (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail iLsel(o/any available remedies at law or in equity.
(3) A Con[ractor who fails to provide the public records to ihe Ciry within a
reasonable lime may be subject to penalties untler s. 119.10.
tl)CIVIL AC710N
(1) If a civil action is filed against a Contractor to compel production o(public records
relating to Ihe Cirys conlract tor services, the court shall assess antl award
aqainst the ConVactor Ihe reasonable costs of enforcement, including
reasonable atlomey fees, if:
a. The court determines Ihat ihe Contractor unlawfully refused [o comply with
Ihe public reco�ds request within a reasonable time; and
b. Al leas[ 8 business days hefore fding the action. ihe plaintiH provided written
notice of the pubhc records request. indutling a statement that !he
Contraclor has not complietl with the requesl. to the Ciry and to the
Contrector.
(2) A nolice comp0es with subparagraph (1)(b) if it is sent �o the City's custodlan of
pub6c recoMs and b the contractor at �he contractors address lisled on its
contract with the City or to the Conlractor's registered agent Such nolices must
be senl by common carrier delivery service or Dy registere4 Global Express
Guaranteetl, or cerlifietl mail, with postage or shipping paitl by the sentler antl
with evidence o(delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business aays
aNer the notice is sent is not liable for ihe reasonable cos�s of enforcement.
e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV
PHONE: 305-673-7471
34. INSPECTOR GENERAL AUDIT RIGHTS.
{00084723.DOIX_J Page32o�46
?OSS
a) Pursuant �o Seclion 2456 of the Code of the City of Miami Beach, the Ciry has
established ihe Office of [he Inspector Generel which may, on a rantlom basis, DeKorm
reviews, audils, inspections and investigations on all City contracis [hroughoul ihe
duretion of saitl wntracts- This random autlit is separate and distinct from any other
audit pedormed by or on Dehalf o�Ihe City
b) The Oflice of Ihe Inspector General is authorized to investigate City affairs antl
empowered to review past, present antl proposed City programs. acwunts, records.
con�racts and iransactions. In addition, the Inspector General has (he power to
subpoena witnesses. administe� oaths, require ihe production ol witnesses and monitor
Ciry projects and programs. Monironng of an existing City project or program may
indude a report concerning whether the project is on time, within butlget antl in
conformance wi[h the contract tlocuments antl applicable law. T�e Inspector General
shall have Ihe power to audit. investigate, monitor, oversee. inspect and review
operalions. ac[ivities, pedormance antl procuremenl praess including but not limited to
projecl design, bid specfications. (bid/proposap submiflals, activities of Ihe Conlractor,
its o�cers, agents and empioyees, lobbyists. City stafl and electetl oKcials �o ensure
compiiance with the contract documents antl to tletecl irautl and corruption. Pureuant to
Section 2-378 ot Ihe City Cotle, the Ciry is albcating a percentage of its overali annual
contract expendiWres ro funtl the activities and operations of the Office of Inspector
General
c) Upon ten (10} days writien notice �o �he Conhaclor, Ihe Contractor shatl make all
requesled records antl documents available to Ihe Inspector General for inspec[ion and
copying. The Inspector General is empov�ered to re�ain Me services of independent
pmate sector auditors to autlif. investigate, monilor, oversee, inspect and review
operations activities, pertormance and procurement process mcluding but not limited io
p�ojecl design, bid speciflcations, (bId/proposap submittals, activities of the Contraetor,
its of(icers, agents and employees, lobbyista City sta% anc elected ofticials to ensure
compliance with the coNrect documents and lo detect Iraud and wrruplion.
d) The Inspeclor General shall have ihe right to inspeci and copy all documents and
records �n the Con�ractors possession, custotly or contml which in Ihe Inspec[or
General's sole jutlgment, pertain to performance of�he coNracL i�cluding, bm no�limitetl
Io original estimate files. change order esiimate fites, wo�ksheets, proposals antl
agreements from antl with successful su0contractors antl suppliers, all projec421ated
correspondence, memorantla, ins�ructions. financial tlocumenis. constmc6on
documenta @id�proposal) antl coniract documents. back-ehange oocuments, all
tlocuments antl recortls which involve cash, trade or volume tliscounta insurance
proceeds. rebates, or divitlends receiveC. payroll and personnel records antl suppo�ing
tlocumentation for the aforesaid Cocuments and rewrds
U0084123DOIX.J PaRe33o(46
2069
e) The Contractor shall make available at its otfice at all reasonable 6mes ihe records,
materials. and ofher evidence regarding lhe acquisition �bitl prepa�ation) and
pertormance o( Ihis Agreement, for eKamination, audil, or reproductioq uNd lhree (3)
years after final Dayment under this Agreement or for any longer penod required by
staW�e or by other clauses of[his Agreement. In additibn�
(1) If ihls Agreemen� is mmpletely or partial�y terminated, the Contractor shal� make
available records relating to the work terminated until three (3) years aiter any
resulting final termination settlement; and
(2) The Contraclor s�all make availabie records reiating to appeals or to litigation or
t0e settlemem of claims arismg under or relating m this Agreement until such
appeals, liligation, or claims are tinally resolved.
f) Tne provisions in this section shall apply to the Con�2ctor, its olM1cers, agents,
employees, subcontraclors and suppliers. The Contractor shall incorporate ihe
pro��isions in this section in all suhcontracts and all other agreements eaecuted by ihe
Confractor in connection with ihe performance of this Agreemeot.
g) Nothing in this semion shall impair�ny Indepentlent right to fhe 4ity tn rnnrlu�t andiw or
irn�estigative activdies. The pmvisions of this section are neither mtended nor shall they
be constmed �o impose any liabi6ry on ihe Ciry by Ihe Contractor or third panies.
35. E-VERIFV.
a) To the extent ihal Contraclor provides iabor, supplies, or services under this Agreement,
CONraclor shall comply with Section 448.095. Florida StaWtes, "Employment Eligibiiity"
(�6Venfy Statute"�, as may be amended from time to time. Pursuant to the E-Verify
Slatule. commencing on January L 2021. GonVactor shall register wilh antl use the E-
Venfy system to ven/y ihe work authorization status M all newly hired employees tluring
the Tertn of the Agreement. Additionally. Contractor shall expressly require any
subcon[ractor peRorming work or p�ovidinq services pursuaM to the Agreemen� to
Ilkewise utilize ihe U.S. Department of Homeland Security's E-Verify syslem to verify the
employment eligibiliry ot all new employees hiretl by the subcontractor during the
wn�ract Term. If Conhactor enters into a con(ract with an approved subconlractor, lhe
subcontrector must pmvide Ihe Gonlracior with an aHidavM1 staling Ihal!�e subcontractor
does not employ, conhact with, o� subconVact with an unauthorized alien. Coniractor
shall maintain a copy of suc� aRidavit for the duration of the subcontrect or such other
extended period as may be required under this Agreement.
b) 7EftMINA?ION RIGHTS.
(7) If tne Ciry has a good faith belief that Contractor has kno•rvingly violatod Section
448.09(1), Florido Statutes. the Ciry shall terminate this Agreement with
IOOOEb123 DOC%.; 7aRe 34 oi 4fi
2�7�
Conirecior for cause. and f�e City shall ihereafter have or owe no further
obliqation or liabiliry to Contractor.
(2) It Ihe City has a good fait0 belief Ihat a subconiractor has knowingly violated the
Foregoing Subsec�ion 20(AI. but Ihe Con�raclor otherwise compiied with such
5ub5ection. Ihe City wiil promptly no�ify the Contractor antl orCer lhe Contractor
to immediately terminate the contract with the subcontractor. Conhacfor's failure
to lerminnte a submnhactor shail be 2n event of detaWt under this Agreement,
antiUing Ciry to terminate this Agreement for cause.
(3) A coniract [erminated under the �oregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) T�e City or Cont2c[or or a subcontractor may (le an action with the Circuit or
Counry Coun ro challenge a termination under ihe foregoing Subseciion (B)(1) or
�B)(2) no later than 20 calendar days after the tlate on which the contract was
termina�ed.
(5) If the City terminates Ihe Agreement wiN Contraaor under the foreyoing
Subsection (B)(1). Contrecmr may not be a�.vamed a public contract for at least 1
year aRer the date of termination of this Agreement.
(6) Contrector is liable for any addltional costs Incurred by Me City as a result of the
termination of this Agreement under f�is Sxtion 20.
36. CONTRACTOR'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS.
Conhactor agrees to wmply with Section 787.06. Florida Statutes, as may De amended from
time to time; and has execuled lhe Certification of Compliance with Anti-Human TraHicking
�aws. as required by Sec[ion 787.O6j1?). Florida Statutes: a copy of w�ich is attacheC hereto as
Exhibit"E".
37. PROHIBITION ON CONTRACTING WITH A BUSINESS ENCaAGING IN A BOVCOTT.
CoNractor warraNs and represents ihat helshe is no[currently engaged in, antl will not engage
in, a boycott, as tlefnetl in Section 2375 of the City Code. In accoraance with Sec(ion 2-
375.t(2)(a)of the City Cotle, Contractor hereby certi(ies�hat Contractor Is not curzentty engaged
;n, and for the duration of ihe Ayreement, will not engage in a boycott of Isreel.
78. PR�HIBITION ON CON7RACTING WITH AN INOIVIDUAL OR ENTITY WHICH HAS
PERFORME� SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITV
ELECTED OFFlCE.
Contractor warrants and represents thal. within two (2) years prior to tbe effective tlate,
Contractor has not received wmpensation for services pedormed (or a candidate tor City
{OU084123.DOC%1 Page35 of46
2071
elected office.. as contemplated by the prohibitrons and exceptions of Section 2-379 of(he City
Code.
For the avoidance of doubt, Ihe restric�i0ns on contrac�ing with the Gty pursuant to Sec�ion 2-
379 of the Ciry Code shall not aooW to the following�
a) Any indiv�dual or entity Mat provides goods to a candidate for office.
D) Any indrvidual or entiry ihat provides services to a candidale for oftice i( those same
services are regulady peAormed by Ne intlividual or en6ry m the ordinary course o(
business for clients or customers other[han candidates for oHice. This inclutles, wi�hout
limitation, banks, telephone or internet service provitlers, printing companies, event
venues, reslaurants. ca�erers, transpona[ion providers, and ottice supply ventlors.
cl Any indiwdual or entity w�ich pedor-ms Ilcensed professional services Qnclutlirg tor
example, legal o�acwuntirg services).
39. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONGERN WHEN AN INDIVIDUAI'S PERSONAL IDEN7IFYING INFORMATION MAV BE
ACCESSED [NOTE: ONLY INCLUDE IF APPLICABLE.
Consultant hereby agrees �o comply with Section 2ft7.'36. FloriOa Stamtes. as may be
amended from time to time, whicn states rhat as of January L 2024. a governmental ennry may
not accept a bid on, a propvsal for. or a reply lo. or enter into. a cor.Vaa wi�h an en6ty which
would grant the entiry access to an individual's pe�sonal idenlifying in(ormation (PII), unless the
antity provides ihe governmental en6ry wdh an aflitlavit signed by an oFficer or representa�ive of
tne enlity under penalty of perjury al(esting ihat �he entiry tloes not meet any of ihe uiteria in
Paragraphs 2(a)-(c) of Section 287.138, FlwKla Slatutes: (a) the entity is owned by a
govemment of a foreign wuntry o�co�cem; (b� Ihe govemment ot a foreign country of concern
has a controlling interesl in Ihe entity; or (c)the enli�y is organized under Ihe laws of or has its
principal place of business in a foreign country of concem(each a`Prohibrted EnUry"). A foreign
country of concern is defned �n Section 287.138 (1)(c). Flo�ida Statu�es. as may be amended
from tirne to lime. as the Peoples Republic of China. Ihe Russian Federation. the Islamic
Republic of Iran, the Democralic People's Republic o( Korea, ihe Republic of Cuba, lhe
Venezuelan regime o( Nicolas Maduro, or Ihe Syrian Arab Republic, including any agency ot or
any other enliry of signifcant contrW of such foreign muntry of concem. Addrtionally. beginning
July 1. 2025. a governmentai entiry may not extend or renew a contract wilh a Prohibited Entity.
Consultant warranls arW represents that it does not falt wiNin ihe detinition o� a Prohibited
Enti�y, and as such, has caused an authorizeU represen�ative of Consultam to execute the
"ProhiDition Against CoMrading wi�h Entities of Foreign Countdes of Concem AHidavif',
incorporated herein by reterence antl attached hereto as Exhibit"F".
40. NO WAIVER
The 'ailure of ine Contrador or the Ciry lo insist upon ihe slrict pe�formance of the terms antl
condi�ions hereof shall not constiWtetl or be mnstmed as a waiver or relinquishment of either
party s dghts to thereake�enforce the same in accordance with Ihis Agreement in the event of a
connnuing or subsequent default on Ihe patl of the Contrector or the Ciry.
(00066123.DOIX.f �age36o(46
2��2
41. SEVERA8ILITY
In [he eveni that any dause or pmvision of this Agreement or any part thereof shall 6e deciared
imalid, voitl or unenforceable by any court having jurisdiction, such invalidi�y shall not affect the
validi!y or enforceability of�he remaining portions of this Agreement.
42. ASSIGNMENT/SUBCONTRAC7ING
The selection ot [he ConVaclor as the service D�ovider under this Agreement is based upon its
experience, capability antl fnanciel abili:y to perform the work. The CoMractor sball not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the prior
written consent of Ihe Qty Commission, which consent shali not be unreasonably wiNhelG.
43. BINDING UVON SUCCESSORS AN�ASSIGNS; NO TNIRDFARTY BENEfICIARIES.
<3.1 This Agreement antl !he rights an� obhgaUons set (orih herein shall Inure to Ihe berefit
of. and be bintling upon, the 02��es hereto and each of fieir respective successors and
permittetl assigns.
:3,2 This Agreemert and shall not be construed as giving any person, other ihan the panies
hereto and their successors and permitted assigns, any legal or equitable right, remedy or clzim
under or in respect of this Agreement or any of the provisions herein contained. this Agreement
antl all provisions and conditions hereof being intended to be.. and being. ior the sole and
exclusiva benefit ot such parties and their successors antl permi[ted assigns and for Ihe benefit
af no other persan or entiry.
44. (INTENTIONALLV OMITTED).
45. FURTHER�OCUMENTS
The parties shali execule antl deliver all documents and pertorm all further acts Ihat may be
reasonably necessary to effectuate ihe pmvisions of this Aqreement.
d6. INDEPENUENT PARTIES
Nothing containetl in this Agreement is intended or shall be constmed in any way to creale or
establish the relationship oi pariners or a joinl venWre belween Ihe Ci!y and Con�ractor. None of
the officers, agents or employees of the Contractor shall be or be tleemed to be emptoyees of
the City (or any purpose whatsoever. The Contractor shall be solely responsible for fhe ar,ts or
omissions of its officers, employees, contractors, and agents. No person performing any of the
work or services described hereunder shall be mns�dered an officer. servant or employee of ihe
City, nor shall any such person be entitled to any benefits available or grarted to employees of
the City.
�OOOS4123.DOIXJ Page 37 of 66
2073
47. TIME IS OF THE ESSENCE
Time of ihe essence wi[h respect lo each ard every term and r,ontlition of this Agreement.
� 46. FORCE MAJEURE
The pertormance o! any act by the Ciry or the Contractor �ereunder may he delayed or
suspentled at any time while. but only so long as. eit�er party is hindered in or prevented from
peAormance by acls of God, the elemen[s. war, rebeilion.. strikes, lockouts, or any other cause
beyond ihe reasor,able conhol of �he parties: provided. however, ihat if the hindrance ot
prevenfion of performance ezceetls a perioa o( ihiRy (30) days. the Gty may, through the City
Manager, and at his�her sole option and discretion, terminate. or renegotiate the terms o( t�is
Agreement wrthout liabiliry to the City.
49. JOINTPREPARATION
The parties herelo acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete underslaridin� of all rights
and obligations herein and lhat the preparafion o!this Agreement has been a;oini effort of the
parties, Ihe language has been agreed to by parties to express their mutual intent and the
resulting document shall not. solely as a maper of judis;al mnstr�c6on. be construeC more
severely a9ainst one o;the parties than the o�her.
50. ENTIRE AGREEMENT
This Agreement, when execuied, logether with ail exhibits attachetl �ereto, shall constitute the
entire agreemen! between both parties. This Agreement may not 6e amentled. madified or
terminated except in writing signed by parties hereto and. where required, as appmved by Ihe
Ciry Commission.
(REMAINDER OF PAGE LEFT WTEN?IONALLY BLANK�
{U0084123.DOIX.j Page 38 of 46
2074
IN WITNESS WHEREOF. the parties hereto have caused ihis Agreement �o be executetl by
their appmpriate offcials, as of the first tla�e entered above.
FOR CITV CITV OF MIAMI BEACH, F�ORIDA
ATTEST
8y.
Ci�y Clerk Mayor
Oate
FOR CON7RACTOR�. WASTE CONNECTIONS OF FLORIDA, INC. tlibia
WASTE CONNECTIONS OP FLORIDA
ATTEST
By:
Secretary President
Date Pnn( Namel Title
Corporete Seal
�O�OflGt23 DOIX 1 Page 39 at 46
2075
EXHI8IT"A"
ROUTES AND SCHEDULES
(.n0R2123DLIX; �ahe40of66
2076
EXHIBIT "B"
FINE SCHEDULE
;pppga�2;p0IX ; Page41of06
2���
EXHIBIT"C'
OPERATOR PERMIT
�OOOSal23.D0IXY �a�e42of06
2��8
EXH181T "D"
INSURANCE REqUIREMENTS
%009Sa7];.�pCxJ Page13of46
2079
EXHIBI7 "E"
IN KIND SERVICES
fGCR:tl4:23.DOQ3 Page44of46
20��
E7(HIBIT"F"
HUMAN iRAFfiCKING AFFIDAVIT
In accordance with Section 787.06 (i�), Fbrida Statutes, Ihe undersigned, on behalf of
Conlractor hereby attesls under penalty of perjury tha[ Conlractor does not use ccercion (or
labor or services as defnetl in Section 787.06. Flonda StaWtes.entilled "Human TraRicking".
I understand that I am sweanng or affmminq under oath to the Imthfulness of the daims made in
this aRiOavil and �hat t�e punishment for knowingty making a false statement includes fines
and/or impnsonmenl.
The undersigned is authorired to execute this attidavit on 6ehalf of Contracror.
CONTRAC70R:
- ��-�- (Name)-- — (AOdress) —���--
State of
Caunly of __
The foregoing instrument was acknowledged betore me by means of � physical presence or ❑
online notarization, this _ day of _ 2025 by
, known to me to 6e the person describea herein, or who
produced _ as idenfification, and who didltlid not take an
oath.
NOTARY PUBLIC:
._.___ ..______. _
(Signatu�ej
(Pnnt Name)
My commission expires: _ __ ____.
(0008AI23DOCX-} . oage05o'66
zos�
EXHIBIT'G"
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Florida StaWtes, mcorporated herein by reference. tM1e
undersigned, on behalf of Contrador, herehy attests under penalry of perjury Iha� Contrar.tor
tloes not meet any of :he following criteria in Paragraphs 2(a)-(c) of Seciwn 287.138, Florida
Statutes� ia) Contracror is owned by a government of a foreiyn couniry of concerrt; (b) lhe
govemment of a foreign country of concem has a controiling interes� in Contractor: or (c)
Con[ractor is organized under the �aws of or has its principal place of business m a foreign
country af concern.
I understand ihat 1 am swearing or aHirming untler oath, under penalties of perjury, lo lhe
Iruthfulness of the daims made in this aHitla��� and Ihat Ne puniShmeM for knowingly making a
false statement includes f nes an0/or impnsonment.
The untlersigned is aWhorized to enecule this' affidavil un behalf uf Cunlraclu�.
CONTRACTOR:
, a corporation.
Name/Tme�. (Address)
State of
Counry of
The foregoing instrument was acknowletlged before me by means of O physical presence or ❑
online no�anzation, this __ day of 202_ by
as _ of
, y wrporation. known to me to De
the person described herein, or who protluced ___ .___.._ as
identification. and who ditlldid not take an oath.
NOTARY PUBLIC'.
(SigraWre)
(Print Name1
My commission expires
(OOOE43i3DOCX} �age46of96
2�a2
exH�s�r s
Io-Kind Sen�ce Recised 2/52024
Facilitv Location # Container Freq Scrvicc
Descri tion Hauler
Ci Hall 1700 Conven[ion Ctr.Dr. 2 2- ard cans 5 timeshvk WC
Ci Hall I700 Conventioo Ctr. Dr. 1 2- ard can 5 timesh�k WM
Ci Hall 1700 Couven[ion C[c Dr. l 4- ard rec cle 2 [imeshvk V✓M
Parkin� Gara c 17'h St. & Pcn 640 17'^ SL I 8- ard can 7 times/wk ' WM
Parkin Gara c 17'� SL & Pen 610 17'^ St. l 4- ard rec �cle 2 times/wk �' WM
U55 Meridian Ave. 1755 Meridian Ave. I 4-vard can 5 limes/wk WC
1755 Meridian Ave. 1755 Meridian Ave. 4 96 �ul rec cle 2 limes/wk WM
Marine PaVol 1790 Purdv Ave. 1 4- arJ can 2 umeshvk WM
Bo[unical Garden 2000 Convcntion Ctr. Dr. 2 96 al rec cic I [ime/wk WC
Botanical Gardcn 2000 Com'cntion Ctr. Dr. I 2- ard can 5 times/wk WC
�us Museum 2121 Park Ave. 3 96 al carts 7 timeshvk I WC
Bass Museum 2121 Park Ace. 2 2- ard cans 7 times/wk I WC
Bass Museum 2121 Pa[k Ave. 2 96 al rec cle 2[imes/wk WC
Collins Parks Gara e 340 23'�streeL 1 2-vard can 3 timeslwk WC
Collins Parks Gam�e � 340 23"� street. 2 96 al recycle 2 times/wk WC
Parks Division 2100 Meridian Ave. I 30- �ard R/O 5 timcshvk � WM
Parks Division 2100 Mendfan Ave. 2 9( al rec �cle 2 hmes/wk WC
Parks Division 2100 Meridien Ave. 1 30- �a[d can 3 iimes/wk WC
Youth Cir. N. Shorc 2700 Shcridan Ave. I 4- ard can 5 timc�i���k ' WM
_ _
Youth Ctr. N.Shore 2700 Sheridan Ave. 1 4 �ard recy 2 times/wk � W M
FireStationdl IOSIJcflersonAve. l 2- 'ardcan MWF � IWC
Fire Station f71 IOSI 7e(ferson Ave. 1 96 al rec cic I timdwk WC
F¢e Stalion 112 2300 Pine Tree Dr. 2 96 al me cle I [imchvk WC
FUe Station H2 2300 Pine Tree D�. 1 4- ard recvcle l time/wk WM
Fice Slation #'_ 2300 Pinc\Tree Dr. l 4- ard can 1 lime�wk WM
Firc S�ation 1f2 2300 Pine Trce Dr. 5 96 al carts MWF WC
Firc Stanun R3 5303 Collins Ave. 4 96 al cans MWF WC
Firc Sta[ion�;3 5303 Collfns Ava 2 96 �al rcc cle l timc/wk WC
Fire Statinn �3 5303 Collins Ave. 2 4-vard cans 5 nmes/wk WM
Pire Stauo�#3� 5303 Collins Ave. 1 4- �ard rec 1 umes/wk WM
Fire Station ti4 F&GO Indian Creek Dr. 2 96 �al totes MWF WC
Fire Siztion N4 6860Indian Creek Dr. I 96 al rec cic I timc/wk � WC
Indian Creek Park fi300 Indian Geek Dr. I 2- ard can 2 timezlwk WM
PD N. Sub-Station 6R40Indian Geek Dr. I 96 �al rec cle I time/wk WC
PD N. Sub-Station 6R40Indian Creek Dr. I 2- ard can 4 times'wk WM
PD Intemal Affairs 225 Washin on Ave. 6 96 al carts 2 times/wk WC
S. Shorc Comm Ctr. 833 6'"St. l 4- ard can 6 timeshvk WM
Parkin Gara e 7'^ SL &Collins Ave. 4 96 al carts 7 times/wk WC
Parkin Gara>e 1301 Collins Ave. 2 96 al caris 3 [imes/wk WC
MB GoICCoune 2301 Alton Rd. 1 6- ard can 7 times/wk WM
MB Gol(Courx 2301 N�on Rd. 4 96 al rccvcla 2 timcs/wk WC
MB Golf Coursc 2301 Al�on Rd _ , _ I 4- �ard cardbrd 2 timci/wk WC
Facility Location # Container Freq Service
Dcscrip[iun Provide
r
2083
Old Ci� Hall 1130 Washin ton Ave. 2 96 al rec cle 1 time/wk WM _
Old Citv Hall I130 Wuhingmn Ave. 6 96 al carts 2_timeshvk '. WM
Puliee Station I 100 Washing[on Ave_ 2 96 Ra1 roc cle I [ime/wk � WC .
Pulice Station I 100 Washin on Avc. 4 2- acd cnns 7 timcs/wk WC
Sanrtalion Si[c 1001 Occau Dr. Hard ack I 30- ard R/O 7 [imcs/wk WC
Flamfn o Patk 933 I I'� S[.Tcnnis Courts 1 2- ary d can_ 3 [imes/wk � WM
Flamin�o Park 1200 Michi an G m,Pool I 2- �srd can 3 [imeshvk I WC
Flamin o Park - I i35 Michi an Baseball Std I 6- �ard can 3 times/wk W M
Flamin o Park 1435 Michi an Baseball Std I 4- ard rccvcle 2 timeshvk WM
Pro rt Mana cmt IR33-37 Ba Rd. I 4- ard can 2 times/wk WM
Parkin De artmen[ I R3337 Ba RA. 3 96 �al rec cle I times/wk WM
Poblic Works Yard 451 Dade Dlvd I 4- ard can 5 timeshvk WM
Public Works Yard 451 Dade Blvd 1 30- ard R/O On call WM
Sanitation Yard 140 MacMhur Causewa 1 30- ard WO 3 timeslwk �� WC
Sanila[ion Yard 140 MacArthur Causcwa I 20- ard R�O 3 times/wk WC
Sanitation Yard 140 MacArthur Causewa 7 96 al rec cle_ I time/wk WC
Bld De t.North Off 962 Normand Dr. I 96 al cec cle 2 times/wk WM
Bld�Dc L North Off 962 Normand Dc I l- �ard can 1 timcs/wk WM
Policc S�ation/Park 7030 Trouvillc Esplanadc 2 _ 96 gal rec cic I timcshvk WM
Police Station/ Park 7030 Trouville Isplanade I. 2- ard can 3 times/wk � WC_ _
MB Ocean Rcscuc 7940 ColGns Avc. l 96 ul rcc cic I bmes/wk ' WC
MB Ocean Rcswe 7940 Collins Ave. 1 2- ard can - 2 times/wk WC
K. Shorc 6and-Chell 73�& Collins Ave. I 4- ard can ����imec�wk ' WM
N. Shore [3and-Chell 73�& Collins Ave. 2 2-vard recvcle 2 times/wk WM
N.Shore Tennis CIr_ 73� St & Hardin Ave. I 3- ard can 6[imcc/wk WM
N. Shore Park Ctr. 73b St. & Ilardin Ave. 4 96 al carts 5 timeshvk ��. WC
N. Shoce Tennis Ctr. 73�Sc & Hardin Ave. 3 96 al rec eIe I timehvk WM
O cn S acc 79'� St &Collins Ave 3 6- ard cans 7 timcsi kµ WM
Normand Shore Golf 2401 [3iartitz Dr. I 4 dcan 3 times/wk � WM
Nortnand Shore Golf 2401 Biaaitz Dr. 8 96 al rec cle 2 limes/wk WC
Lo Cabin Cat Pro . 8128 Collins Avc 1 2- �ard can 2 times/wk WC
Lo Cabin Cat Pro . R128 Collins Avc __ 1 96 el rec cle 2 times/wk WC
°lUa,iefiil l�l'cckcnd 75"Si. fi Dickc�v A�n. 5 20.card R�O I Iimchndi WC _
*WastdidWcckend 130MacAnhurC~wv_ I 20-vardR��O Itimcnllh WC
RGrern Wastc Yard 2RU0 Mcridinn Aec. 3 20-rard R�U 0 iimcs:«'k WC
*Grcen Nastc Yard 2fi00 bicridi�n Acc. I A-vd Tcxtic; as occdod WC
`Grccn Wastc 1'ard 2HUD l9cridi:m .\��o. I �-vd I!�+�a.ic a� nccdeA WC
Litter Can Routes City Wide
Area Direcfion # Con[ainer Fre Service
2
Z�S4
Descri 6on Providcr
North Bcach 63b Stree[to Cit Limils +++ Litter Caus 7 times/wk WC
Mid Beach 23`� Street to 63� SC ++-� Litter Cans 7[imes/wk WC
Sou[h Bcach S. Point ro 23`� StreeC +++ Lirier Cans 7 limcs/wk WM
Service Providers:
* P;dls undcr tha Rrsidcntial contrnct_
W M=Waste Management.
WC=Waste Connection.
Recyele= 90ga1 Recycling Carts.
R/O=RoIIAtFContainers.
Carts=90ga1 carts used for garbagc.
• Pick-up and disposal of recycled mateeial by ail Cranchise haulers in the public ripJit bf-way and parks'will be
scrviced(2)fimcs per wcck.
• All fianchise haulers uill pmvide addi[ionel suppue (or special e�xnts by providing (') '_0.yard mll-off
comainen
• All fianchi,at haulers will bepaM1nenng wf�h�he Ci�y on a�edueulionel rccycling pmpam.
• Each fanchix haulers will pmvide�he CiN wi�h p00)evem boses pe[year�o be uscd(oc special evcvis in the
pnblic rightoGuay,city—widc.
3
2085