2026 Service Agreement between Waste Connections of Florida Inc. and the CMB for Collection and Disposal of Residential Solid Waste, Yard Debris and Bulk Waste and for the Operation of the City's Greenwaste Facility Z.C3zS - 33��19 �
SERVICE AGREEMENT
FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE,
YARD DEBRIS, AND BULK WASTE
AND
FOR THE OPERATION OF THE CITY'S GREENWASTE FACILITY
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This Service Agreement ("AgreemenY') is entered into this day of
, 20 , with an effective date of January 1, 2026 ("Commencement
Date"), by and between WASTE CONNECTIONS OF FLORIDA, INC., a Delaware Corporation,
authorized to do business in Florida, d/b/a WASTE CONNECTIONS OF FLORIDA, with offices
at 3 Waterway Square Place, Suite 550, The Woodlands TX, 77500 ("Contractor"), and the
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation with offices at 1700 Convention
Center Drive, Miami Beach, Florida, 33139 ("City"), for the purpose of providing for residential
Solid Waste, Yard Debris ("Yard Trash"), Bulk Waste ("Bulky Waste") collection and Operations
of the City's Green Waste Facility within the City of Miami Beach city limits ("Collection Area"),
operation of the City's Green Waste Facility, and other such services as required by the City
and more particularly set forth herein.
RECITALS:
WHEREAS, the City's current agreement executed by the City and Contractor pursuant
to Request for Proposals No. 2018-024-WG entitled, "Collection and Disposal of Residential
Solid Waste, Yard Debris, Bulk Waste, and Operation of the City's Green Waste Facility will
expire on December 31, 2025; and
WHEREAS, on February 3, 2025, the Mayor and City Commission adopted Resolution
No. 2025-33461, accepting the recommendation of the Finance and Economic Resiliency
Committee at its December 20, 2024 meeting, directing the Administration to proceed with
negotiations of a long-term agreement between the City and Contractor, and waiving, by 5/7tn
vote, the formal competitive bidding requirement in Section 82-39 (A) of the City Code, finding
that the public interest would be served by waiving such condition, to continue to provide stable
pricing and continued service excellence to our residents; and further requiring that the
successfully negotiated agreement be brought back to the City Commission for approval; and
WHEREAS, following completion of negotiations by the Parties, on June 25, 2025, the
Mayor and City Commission adopted Resolution No. 2025-33795, waiving, by 5/7�h vote, the
formal competitive bidding requirement in Section 2-367(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 Contractor for the Collection and Disposal �f
Residentia► 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 coll��ction
services to City residents; said Agreement having an initial term of ten (10) years, commencing
on January 1, 2026 and expiring on December 31, 2035; with two renewal terms upo� consent
of the parties: (i) a first renewal term for a period of five (5) years, from January 1, 2036 to
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December 31, 2040; and (ii) a second renewal term for a period of three (3) years, from January
1, 2041 to December 31, 2043.
GENERAL INFORMATION
1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into this
Agreement.
2. [Intentionally Omitted]
3. COMMENCEMENT OF SERVICES
The work and services outlined herein (the "Services") shall commence on January 1, 2026
("Commencement Date").
4. TERM
4.1.1 Initial Term: The initial term of the Agreement shall commence on the Commencement
Date and terminate on December 31, 2035.
4.2 Renewal Terms: Provided Contractor is not in default under the Agreement, the City upon
mutual consent of the parties, shall have the option to renew the Agreement, subject to the
same (or better) terms and conditions set forth herein, as follows: (1) the first renewal term for a
period of five (5) years, commencing on January 1, 2036 and expiring on December 31, 2040;
and (2) for a second renewal term for a period of three (3) years, commencing on January 1,
2041 and expiring on December 31, 2043, by giving Contractor written notice of such renewals
at least thirty (30) days prior to the end of the previous term. Any renewal term shall be at the
same cost to the City as provided in this Agreement. Continuation of the contract beyond the
initial period, and any option subsequently exercised, is a City prerogative, and not a right of the
Contractor. This prerogative maybe exercised only when such a continuation is clearly in the
best interest of the City. The initial term, including any approved renewal terms, may be
collectively referred to herein as the ("Term"). In the event that Contractor is not willing to renew
this Agreement, such notice is delivered at least three hundred sixty (360) calendar days before
the end of the then current renewal term.
4.3 A contract year shall begin on January 1St and end on December 31St of a given year.
5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee designated in writing by the City Manager to
represent the City in the day-to-day administration and supervision of this Agreement and who,
for purposes of the Agreement, shall be the City's Sanitation Director. The Authorized
Representative shall be authorized to coordinate, direct, and review all matters related to the
Services and this Agreement. The Authorized Representative shall be authorized to transmit
instructions, receive information, and interpret and define City policies and decisions with
respect to the Services and the Agreement. However, the Authorized Representative is not
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authorized to issue any verbal or written orders or instructions to contractor that would have the
effect (or be interpreted as having the effect) of materially modifying or changing the Services;
the Term; or the amount of compensation the City is obligated or committed to pay Contractor.
Additionally, the Authorized Representative is not authorized to issue any orders, instructions,
decisions, and/or approvals (whether written or verbal) where the Agreement expressly reserves
any or all of the aforestated to the City Manager and/or the City Commission.
5.2 Biohazardous Waste: Any waste which may present a threat of infection to humans.
The term includes, without limitation, non-liquid human tissue and body parts, laboratory and
veterinary waste which contains human-disease-causing agents, used disposable sharp
instruments, human blood, human blood products, body fluids, and other materials representing
a significant risk of infection to persons. The collection of Biohazardous Waste is not included in
the scope of Services for this Agreement.
5.3 Bulkv Waste: Any large item(s) of household refuse including, without limitation,
appliances, furniture, accumulations from major tree cutbacks (exceeding ten (10) inches in
diameter and four (4) feet in length or, in any event, which cannot be cut for placement in a
garbage bag or Container, or bundled, due to the materials exceeding the weight and size
restrictions for regular trash collection, as provided in the Agreement). Bulky Waste shall be of a
type readily handled by the mechanical equipment of the Contractor. Bulky Waste does not
include any matter or debris resulting from tree removal, land clearing, land development,
building construction or demolition, automobiles, automotive components, boats, or internal
combustion engines.
5.4 City: The City of Miami Beach, Florida, and its authorized representatives.
5.5 Citv Manaqer: The City Manager of the City of Miami Beach, Florida.
5.6 Construction and Demolition Debris: Discarded material(s) generally considered not to
be water-soluble or hazardous, including, without limitation, steel, concrete, pane glass, brick,
asphalt, pipe, gypsum wallboard, or lumber from a construction or demolition project, and also
including rocks, soils, tree remains, and other vegetative matter which normally results from
land clearing or land development operations for a construction project.
5.7 Contractor: The business entity with whom the City has executed the Agreement for
performance of the Services and its duly authorized representative(s). As used in this
Agreement, the term "Contractor" shall also include any successors and/or assignees.
5.8 Disposal Costs (mav also be referred to as "tippina fees"): The fees charged to
Contractor for disposal of solid waste, as defined in subsection 14.1.
5.9 Garbaqe: Every refuse accumulation of animal, fruit, vegetable, or organic matter that
attends the preparation, use, cooking, consumption, storage, or dealing of ineats, fish, fowl, fruit
or vegetables, and other foodstuffs (including packaging materials), and decay, putrefaction and
the generation of noxious or offensive gases of odors or which, during or after decay, may serve
as breeding or feeding material for flies or other germ-carrying insects.
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5.10 Garbaqe Can or Container: A container for collection of Solid Waste which has been
approved for use in the Collection Area by the Authorized Representative, and made of
galvanized metal, durable plastic or other suitable material of the capacity not less the ten (10)
gallons, but not to exceed thirty (30) gallons. Such container shall have two (2) handles upon
the sides thereof, or a bail, by which it may be lifted, and a tight fitting solid top.
5.11 Hazardous Waste: Any waste which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a
substantial present or potential hazard to human health or the environment when improperly
transported, disposed of, stored, treated, or otherwise managed. Hazardous Waste is not
included in the scope of Services for this Agreement.
5.12 Household Furniture: All movable compactable articles or apparatus, such as chairs,
tables, sofas, mattresses, etc., for equipping a residence.
5.13 Household Trash: All accumulations of paper, magazines, packaging, containers,
sweepings, and all other accumulations of a nature other than Garbage or Yard Trash, which
are usual to housekeeping, as well as to the operation of stores, offices, and other places of
business. Household Trash shall include, without limitation, small appliances, small furniture,
yard toys, and building material waste from remodeling and home repair projects. Waste
generated by general contractors (or their subcontractors) shall not be considered Household
Trash.
5.14 Industrial Waste: Any waste including, without limitation, oil, grease and petroleum,
generated by construction, manufacturing, processing, land clearing, demolition projects, and
excavation of structures, roads, streets, sidewalks, or parkways. Industrial Waste is not included
in the scope of Services for this Agreement.
5.15 Infectious Waste: Those wastes including, without limitation, diseased human and
animal parts, contaminated bandages, pathological specimens, hypodermic needles,
contaminated clothing, and surgical gloves, which may cause disease, or may reasonably be
suspected of harboring pathogenic organisms. Infectious Waste is not included in the scope of
Services for this Agreement.
5.16 Landfill: Any disposal facility, for which a permit (other than a general permit) is required
pursuant to Section 403.707, Florida Statutes (as same may be amended from time to time),
that receives solid waste for disposal in or upon the land, other than a land-spreading site,
injection well, or surface impoundment.
5.17 Loose Refuse: Any Refuse stored in and collected from any type of container other than
a mechanical container, Garbage Can or Container. Refuse which is also collected from the
ground is considered Loose Refuse.
5.18 Mechanical Container: Any detachable container designed or intended to be
mechanically dumped into a loader/packer type of garbage truck.
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5.19 Multiple Dwellinq Units: Any building containing two (2), but not more than eight (8),
permanent living units, but not including hotels and motels. Buildings containing over eight (8)
living units are classified as commercial accounts and not included in the scope of Services for
this Agreement.
5.20 Performance Bond: The form of security furnished by Contractor, and approved by the
City, as a guarantee that Contractor will execute the Services in accordance with the terms of
this Agreement.
5.21 Proposal Documents: Intentionally Omitted.
5.22 Recyclable Materials: Those materials which are capable of being recycled and which
would otherwise be processed or disposed of as Solid Waste.
5.23 Recvclinq: Any process by which recyclable materials are collected, separated, or
processed and re-used or returned to use in the form of raw materials or products. Recycling is
not included in the scope of Services for this Agreement.
5.24 �Sinqle Familv) Residence: A detached building designed for or occupied exclusively by
one person or family.
5.25 Refuse: All Garbage and Household Trash including, without limitation, paper, glass,
metal, and other discarded matter, but excluding Recyclable Materials.
5.26 Refuse Requlations: Those administrative rules, regulations, and procedures as may be
established from time to time, including, without limitations, Chapter 90 of the Code of the City
of Miami Beach, Florida those prescribed by the City from time to time, for the purpose of
carrying out or effectuating the provisions of this Agreement.
5.27 Remodelinq and Home Repairs Trash: Waste materials accumulated by a homeowner,
tenant, or occupant during the course of a self-performed home improvement project including,
without limitation, carpeting, cabinets, drywall, lumber, pipes, paneling, and other construction
related materials. Such materials shall be prepared for collection in lengths not to exceed five
(5) feet or fifty (50) pounds in weight. Carpeting will only be picked up if cut to lengths of six (6)
feet or less, and bundled.
5.28 Residential Service: The Solid Waste collection and disposal service provided to Single
Family Residences and Multiple Dwelling Units which are not considered commercial accounts.
5.29 Services: the services required to be performed by the Contractor in accordance with
the Agreement and attachments thereto, which include, without limitation, collection and
disposal of Solid Waste (subsection 7.1), Regular Yard Debris and Bulky Yard Trash
(subsection 8.1), and Bulky Waste pick-up services (Section 9) to all Single Family Residences
and Multiple Dwelling Units within the Collection Area; and the operation of the City's Green
Waste Facility (collectively referred to as "Services").
5.30 Solid Waste: Garbage, Bulky Waste, Construction and Demolition Debris, Special
Waste, White Goods, Yard Trash (Regular and Bulky), Household Furniture, Household Trash,
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Refuse, Remodeling and Home Repairs Trash, and any and all other discarded materials which
Contractor is required to collect and dispose of pursuant to the terms of this Agreement.
5.31 Solid Waste Disposal Facilitv: Any fully permitted facility which by applicable Florida law
is the final resting place for Solid Waste, including Landfills and incineration facilities.
5.32 Special Waste: Waste that can require special handling and management, including,
without limitation, asbestos, whole tires, used tires, used oil, lead-acid batteries, biological
waste, Infectious Waste, Hazardous Waste, Loose Refuse, Industrial Waste, and Construction
and Demolition Debris.
5.33 [Intentionally Omitted]
5.34 White Goods: Discarded refrigerators, ranges, water heaters, freezers, small air
conditioning units, and other similar large domestic appliances. White goods containing
refrigerants will not be accepted by the Contractor unless such white goods have been certified
in writing by a professional technician to have had all such refrigerants removed.
5.35 Yard Trash — Reqular: Any and all accumulations of grass, palm fronds, leaves, rock,
branches, shrubs, vines, trees, tree stumps, and other similar items generated by the
maintenance of yards and gardens, and by landscaping. Such debris shall be bundled or placed
in containers which are susceptible to normal loading and collection in the same manner as
other residential Solid Waste. No Regular Yard Trash shall be in excess of four (4) inches in
diameter. No bundle or filled container shall exceed fifty (50) pounds in weight.
5.36 Yard Trash — Bulkv: Large cuttings of vegetative and wood matter which are part of
normal yard maintenance and landscaping and which cannot be cut for placement in a
container, or bundled due to the materials exceeding the weight and size restrictions for Regular
Yard Trash. Bulky Yard Trash shall not exceed six (6) feet in length. Bulky Yard Trash shall not
include any form of matter or debris resulting from tree removal, land clearing, land
development, building demolition, or home remodeling and/or repairs, and shall also not include
automobiles and automotive components, boats, and internal combustion engines.
6. GENERAL CONDITIONS
6.1 Pre-Start Route Familiarization: The Contractor hereby certifies to the City that it shall be
completely prepared to start collection, and any and all other services required under this
Agreement, no later than the Commencement Date. The Contractor shall meet with the
Authorized Representative for the purpose of familiarizing, without limitation, the Contractor's
drivers, collectors, and other key personnel, with the City routes, collection points, and any other
points of service.
6.2 Comprehensive Notifications: Within 60 days of the Commencement Date, and
thereafter, at least annually during the Term of this Agreement, on the anniversary of the
Commencement Date (or such other date as may first be approved, in writing, by the City
Manager), Contractor shall provide comprehensive, written notice to all customers: which notice
shall include, without limitation, notice of start date, routes and schedules, description of
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services, customer service phone numbers, and any changes to collection schedules and/or
routes. The form of any and all notice required under this subsection must be approved, in
writing, by the Authorized Representative, at least two (2) weeks prior to the required date of
issuance for same.
6.3 Resources: The Contractor shall provide, at its sole cost and expense, all labor, and
equipment (including, without limitation, collection trucks and any other vehicles) and any other
items, as necessary, to perform the Services in accordance with, and comparable to, industry
standards for collection and disposal of Solid Waste, as contemplated under this Agreement.
6.4 Protection of Adiacent Propertv and Utilities: The Contractor shall diligently prosecute
the Services and conduct all work and services related thereto in such a manner so as to
reasonably avoid damage to private or public property(ies). The Contractor shall be solely
responsible for any damage or destruction to such property(ies) which caused by the
Contractor's operations. The Contractor shall immediately repair (or pay for the repair of)
damage incurred as a result of its operations. Without limiting the generality of the foregoing, the
Contractor shall take cognizance of all existing utilities; shall operate with due care in the vicinity
of such utilities; and shall immediately repair(or pay for the repair of) any utility(ies) breakage or
damage caused by its operations.
6.5 Spillaqe: The Contractor shall not litter or cause any spillage to occur on any private or
public property(ies) including, without limitation, any rights-of-way. During hauling, all Solid
Waste shall be contained, tied, or enclosed so that spillage is prevented. The Contractor shall
immediately clean up any spillage. If the Contractor fails to promptly clean up any spillage, the
City may, at its sole option and discretion, but not its obligation, clean-up such spillage, and bill
the Contractor for the cost of the same. Notwithstanding the foregoing, Contractor shall not be
responsible for scattered or spilled garbage, liquid, or other materials unless the same has been
caused by its acts or those of any of its employees, in which case all such scattered or spilled
garbage, liquid, or other materials shall be picked up immediately by the Contractor. Contractor
will not be required to clean up or collect such materials not caused by the acts of its
employees, but shall report the location of such conditions to the City where such debris or trash
is located. Such spillage or excess materials shall be picked up by the Contractor after 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 collections with a minimum of noise
and disturbance to the customer and neighborhood.
Staging will not be permitted. "Staging" is defined as placing Garbage Cans or
Containers, bags, and Yard Trash at one location ahead of the servicing truck.
Garbage Cans or Containers shall be handled carefully; shall not be bent or otherwise
abused; shall be thoroughly emptied; and then left at the point of collection. Metal cans shall be
replaced upright with covers securely and properly in place, or inverted with covers placed
topside on the ground, next to the Container. Plastic cans shall be inverted with covers placed
topside on the ground, next to the container. Any receptacle found in a rack, cart, or enclosure
of any kind shall have the lid securely placed on top of said receptacle.
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In the event of damage to Garbage Cans or Containers caused by Contractor, other than
normal wear and tear, Contractor shall be solely responsible for the prompt repair or
replacement of said Garbage, Cans or Containers, which, in any event, shall be no later than
seven (7) days from Contractor's receipt of notice (whether verbal or written) from customer
and/or Authorized Representative (as the can may be).
6.7 The City Manager reserves the right to deny the Contractor's trucks/vehicles access to
any streets, bridges, alleys, or other right of way, in the event that the City Manager determines,
in his/her sole and reasonable judgment and discretion, that it is in the best interest of the City
to do so because of the condition of the affected street, bridge, etc., or a public health, welfare
or safety concern.
The Authorized Representative shall use reasonable efforts to notify the Contractor of
street closures. If a street closure impacts, or could potentially impact, a route or schedule, the
Contractor shall be responsible for immediately notifying the Authorized Representative, so that
(if required) alternate arrangements for service may be made in such manner as shall cause the
least disruption to customers. Notwithstanding the preceding, no closures of less than eight (8)
hours in duration.
6.8 The Contractor hereby acknowledges that the City has embarked on an aggressive, City-
wide Capital Improvements Program (CIP) which includes, without limitation, extensive roadway
and streetscape, water and sewer, and stormwater and drainage improvements. The Authorized
Representative shall use reasonable efforts to notify Contractor of all CIP construction activities.
6.9 Notwithstanding anything in this Agreement, including, without limitation, subsections 6.7
and 6.8 hereof, it shall be the Contractor's sole and exclusive obligation and responsibility to
ensure that the regular collection schedule and routes, and quality of the Services is not
interrupted, and is provided in accordance with the industry standards contemplated under this
Agreement.
6.10 Holidays: Contractor shall not be required to provide collection services on Christmas
Day. For those customers whose service was missed, regular waste collection services will
resume on the next regularly scheduled pick-up day. Should Christmas Day fall on a Saturday
or Sunday, the Contractor is expected to work as regularly scheduled, Monday through Friday.
6.11 Storms: In case of a storm, the City Manager may, in his/her sole and reasonable
judgement and discretion, grant the Contractor a temporary variance from the regular collection
routes and schedules. Notwithstanding the preceding, the Contractor must make all such
requests to the City Manager, in writing; and the City Manager shall have the sole and exclusive
discretion to determine whether a variance will be granted (and whether same is reasonable
under the circumstances). If granted the aforestated variance, the Contractor shall advise the
City and customers in the collection area affected of the estimated time before regular collection
routes and schedules can be resumed.
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The City Manager, in his/her sole and reasonable judgement and discretion, may require
Contractor to provide additional services following a storm, which may require additional
equipment and/or hiring of extra crews, in order to effectuate the efficient and rapid clean-up of
the City. In such cases, the Contractor shall be entitled to additional compensation negotiated
prior to the event; provided that the City Manager has authorized the Contractor to proceed with
such additional services and, accordingly, the Contractor has first obtained the prior written
authorization of the City Manager.
6.12 Collection Equipment: All equipment including any trucks/vehicles, shall be obtained
from nationally known and recognized manufacturers of garbage collection and disposal
equipment. The trucks shall be of the enclosed loader/packer type, except with respect to the
trucks used to collect Bulky Waste. All equipment shall at all times be maintained in good repair,
working order, and appearance; kept in sanitary and clean condition; prevent any spillage or
leakage; and be operated in accordance with the highest levels of safety and caution.
Trucks/vehicles are to be uniformly painted with the name of the Contractor, business
telephone number, and the number of the truck/vehicle in letters not less than five (5) inches
high on each side of the truck/vehicle. All trucks and vehicles shall be numbered and record
kept of the truck/vehicle to which each number is assigned. The City's logo shall be displayed
on all trucks/vehicles. No advertising shall be permitted on trucks/vehicles, except as provided
in section 11.3 hereof.
The Contractor shall have available reserve equipment which can be put into service
within two (2) hours of any breakdown. Such reserve equipment shall correspond in size,
capacity, and condition, to the equipment regularly used by the Contractor to perform the
Services.
A list of the Contractor's equipment shall be provided to the Authorized Representative
within thirty (30) days following the Commencement Date and, thereafter, an updated list shall
be provided each year during the Term, at the time of each annual audit.
As an additional consideration for the City to enter into this Agreement, the Contractor
agrees to operate the Services with a minimum of three (3) trucks, all of which shall not be older
than six (6) years. As such, and when applicable, Contractor shall replace the trucks with new
trucks during contract year 2 (2027), contract year 8 (2033), and in the event that the renewal
terms are approved by the Parties, contract year 14 (2039).
All vehicles shall be equipped with cameras and GPS systems to monitor the safe operation
of all company vehicles operating with the City.
All Contractor's equipment, including reserve equipment, will be located in the Contractor's
facility within 25 miles of the City limits.
6.13 Refuse Quantities: The Contractor hereby represents and warrants to the City that it
has reviewed the City's waste collection and disposal records and understands that, at certain
times during the year, the quantity of waste to be disposed of is materially increased by such
factors including, without limitation, the influx of visitors, special events, acts of weather due to
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seasonal changes, etc. The Contractor hereby agrees that these fluctuations will not be
justification for the Contractor to fail to maintain the regular collection schedules and routes;
justify a rate increase; or otherwise result in the Contractor's failure to provide the Services, in
accordance with the first-class standards contemplated under this Agreement.
6.14 Disposal at Miami-Dade Countv Solid Waste Disposal Facilitv: The Contractor hereby
represents and warrants to the City that all solid waste collected by it pursuant to this
Agreement will only be disposed of at an approved Miami-Dade County Department Solid
Waste disposal facility. In the event the Contractor desires to dispose of and/or relocate solid
waste collected hereunder from a Miami-Dade County Solid Waste disposal facility to another
facility, it must notify the Authorized Representative, in writing, prior to doing so, and, further,
must obtain the prior written approval of the Authorized Representative.
7. RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES
7.1 Services: the Contractor shall provide residential Solid Waste collection and disposal
services to all Single Family Residences and Multiple Dwelling Units within Collection Area.
In the event the Contractor is unable to provide any collection service(s), as required in
this Section 7, it shall leave a written notice, in the form of a "door hanger", on the particular
Single Family Residence or Multiple Dwelling Unit, explaining why service(s) could not be
provided.
Contractor shall also, during regular pick-ups, clean swale and median areas, of all
accumulated palm fronds and fallen branches.
As the Contractor's trucks make their service routes throughout the City, the Contractor will
notify the Authorized Representative of any suspected illegal dumping.
Residential routing shall be conducted at such times so as to not impact traffic flow on
major arteries during peak times.
7.2 [Intentionally Omitted]
7.3 Frequencv of Collection: The Contractor shall collect Solid Waste from Residences
(Single Family and Multiple Dwelling Units) at least two (2) days per week, with collections at
least three (3) days apart.
7.4 Hours of Collection: Collection hours shall begin no earlier than 7:00 A.M., and shall
cease no later than 7:00 P.M.
In the case of an emergency, collection may be permitted at times not set forth above,
provided the Contractor has received prior approval from the City Manager, to be later
evidenced by confirmation in writing. Should the Contractor not confirm and obtain in writing the
approval to operate on an emergency basis, it shall be conclusively presumed that the
Contractor had not obtained such approval.
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7.5 Point of Pick-up: Collection shall be at the residence (backyard or side yard), at ground
level, or curbside (but, as to the latter, only if placed by the customer).
7.6 Receptacle: The Contractor shall be required to pick up all Solid Waste which has been
properly containerized (or bundled, as the case may be) and timely piaced for collection as
follows: All Garbage, Household Trash, and other Refuse shall be placed in a Garbage Can or
Container or plastic disposal bag, and shall be placed in the backyard, side yard, or at curbside.
Yard Trash shall also be placed in containers. Non-containerized Yard Trash shall be collected
provided that it does not exceed four (4) feet in length, nor be greater than fifty (50) pounds in
weight for any piece or segment of materials; is appropriately tied and bundled; and placed at
curbside.
7.7 Routes and Schedules: The initial, collection routes and schedule is set forth in Exhibit
"A" hereto. As required in subsection 6.2 hereof, the Contractor shall provide customers with
written notice of routes and schedules prior to the Commencement Date, and, thereafter,
annually on the anniversary date of the Commencement Date. Contractor shall also be required
to provide customers with written notice advising of any schedule and/or route changes, prior to
the implementation of same.
Notwithstanding the preceding paragraph, prior to any change in collection routes or
schedules, the Contractor must obtain the Authorized Representative`s prior written approval.
Any and all changes (in routes or schedules) that alter pick-up days are also subject to the prior
written approval of the Authorized Representative.
If approved (and in addition to the required individual notice to customers), the Contractor
shall publish notice of any changes to routes and schedules, at its sole cost, in a newspaper of
general circulation in Miami Beach, at least seven (7) days prior to the effective date of any such
route or schedule change.
8. YARDTRASH-BULKY, REMODELING AND HOME REPAIRS TRASH, HOUSEHOLD
FURNITURE AND WHITE GOODS
8.1 Services: As part of the Services included in this Agreement, the Contractor shall collect
all Regular Yard Trash and Bulky Yard Trash from Single Family Residences and Multiple
Dwelling Units.
8.2 Frequencv of Collection/Point of Pick-Up: The Contractor shall collect Regular Yard
Debris on the scheduled pick-up day, but at least two (2) days per week.
Contractor shall pick up all Yard Trash which has been properly prepared and placed for
collection as follows:
a) Regular Yard Trash will be collected two (2) days per week; shall be placed
adjacent to the pavement or travel way of the street; in containers or bundles less
than fifty (50) pounds each and with no dimension over four (4) feet each;
limbs/branches not greater than four(4) inches in diameter).
{00084123.DOCX.} Page 11 of 46
b) Bulky Yard Trash will be collected on a scheduled basis, at no additional charge.
Such service shall be provided up to six (6) times per year on dates scheduled
between the customer and Contractor. In the event of a dispute between
Contractor and a customer as to what constitutes Bulky Yard Trash, the dispute
will be reviewed and decided by the Authorized Representative, whose decision
will be final and binding upon all parties.
c) The Contractor shall clean swale and median areas adjacent to the Collection
Area of all accumulated palm fronds and bulky tree debris.
In the event Contractor is unable to provide any such coliection services as required in
this Section 8, it shall leave a written notice, in the form of a "door hanger," on the particular
single family residence or multiple dwelling unit, explaining why the service(s) could not be
provided.
8.3 Within thirty (30) days of the Commencement Date, the Contractor shall establish a
public information program that will provide a broad and extensive understanding of the services
provided pursuant to this Section 8.
9. BULKY WASTE PICK-UP SERVICES
9.1 Services: As part of the Services included in this Agreement, the Contractor shall collect
from all Single Family Residences and Multiple Dwelling Units all household furniture,
household trash, remodeling & home repair trash, white goods, and/or other waste which cannot
be cut for placement into a Garbage Can or Container or plastic bag, or bundled, due to the
material exceeding the weight and size restrictions for regular trash collection (collectively, for
purposes of this Section 9, all of the aforestated shall be referred to as "Bulky Waste").
9.2 Frequencv of Collection: The Contractor shall collect Bulky Waste only on dates
scheduled by Contractor directly with the customer. Contractor shall have a designated
telephone line to allow customers to schedule appointments for Bulky Waste pick-ups.
Notwithstanding the preceding paragraph, Contractor shall collect Bulky Waste a
maximum of six (6) times per calendar year, and up to twenty five (25) cubic yards, per pick-up,
for each customer. In the event that a customer schedules or presents more than 25 cubic yards
of Bulky Waste for collection in any scheduled pick-up, it shall be counted as an additional pick-
up (for everything over the initial additional 25 cubic yards, in 25 yard increments, of waste
material collected), as provided in the preceding paragraph.
In the event that a customer requests more than six (6) Bulky Waste pick-ups during any
calendar year, the Contractor shall schedule a special pick-up, and may charge the customer
$20 per cubic yard for this service. Contractor shall charge customers directly. At no time shall
the City be responsible for any charge by Contractor to customers for additional Bulky Waste
pick-ups.
9.3 Collection Schedule: Contractor shall make the Bulky Waste pick-up within five (5)
business days from the date of receipt of an appointment request from the customer. Pick-ups
shall be completed on the appointment day; not before or after. Failure on the part of the
Contractor to effect a pick-up of the called in amount on the scheduled date shall result in the
assessment of, a fine against Contractor, as provided in Exhibit "B" hereto, unless otherwise
excused, in writing, at the sole discretion of the Authorized Representative.
{00084123.DOCX.} Page 12 of 46
Pick-ups will be scheduled as follows: South Beach on Mondays; Mid-Beach on
Tuesdays and Wednesdays; and North Beach on Thursdays and Fridays.
Contractor shall prepare and maintain, in accordance with a format approved by the
Authorized Representative, a register of all Bulky Waste pick-ups. The register shall indicate the
date and time on which the pick-up request was received; the name and address of the
customer requesting the pick-up; the date of the scheduled pick-up; the schedule number
assigned to the pick-up; and confirmation of the completion of the pick-up. A copy of
Contractor's daily Bulky Waste pick-up register shall be provided (whether by fax or e-mail) to
the Authorized Representative at the end of each business day.
In the event of a dispute between Contractor and a customer as to what constitutes
Bulky Waste, the dispute will be reviewed and decided by the Authorized Representative,
whose decision will be final and binding upon all parties.
9.4 Bu_I_ky Waste Collection Equipment: The Contractor shall have on hand at all times and in
good working order such equipment as needed to permit the Contractor to adequately and
efficiently perform its contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of garbage collection and disposal equipment. Collection vehicles
shall be designed to allow for efficient collection of Bulky Waste. A minimum of two (2) grapple
trucks shall be assigned to this Agreement. The equipment shall be kept in good repair,
appearance and in a sanitary and clean condition at all times. All replacement and additional
vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have
available reserve equipment which can be put into service within two (2) hours of any
breakdown. Such reserve equipment shall correspond in size and capacity to the equipment
used by the Contractor to perForm the contractual duties. A list of the Contractor's equipment
shall be given to the City at the time of each annual audit.
10. OPERATION AND MANAGEMENT OF THE CITY'S GREEN WASTE FACILITY
10.1 Location: The City's Green Waste Facility is located at 2800 Meridian Avenue, adjacent
to the Miami Beach Golf Course (the "Facility")..
10.2 Description of Work: The Contractor shall be responsible for operating and maintaining
the Green Waste Facility, at its sole cost and expense, including, without limitation, providing all
necessary manpower and equipment to collect dumping fees and to receive, control, secure,
and dispose of all acceptable materials (which, for purposes of this Section 10, is defined as
only clean Yard Trash).
The Contractor shall also be responsible for an electronic waste recycling program through a
vendor that processes under the Responsible Recycling (R2) Standard for Electronics
Recyclers and/or the e-Steward Standard for Responsible Recycling and Reuse of Electronic
Equipment (e-stewards) or Contractor may process the electronic waste at a Miami-Dade
DERM approved Electronic Recycling facility. The Contractor will work with the City (or vice
versa) to secure the proper permits in order to be able to accept the e-waste drop-offs at the
Green Waste Facility. If it is not possible for the Contractor to secure the proper permits, the
{00084123.DOCX.} Page 13 of 46
Contractor will work together with the City, in good faith, to come up with a suitable alternative
site for collection.
The Contractor shall provide a textile drop off program for City residents at the City's
Greenwaste Facility.
10.3 Hours of Operation: The Green Waste Facility shall be open six (6) days per week,
Monday through Saturday, from 7:00 A.M. to 5:00 P.M. and shall be closed on Thanksgiving,
Christmas Day, New Year's Day, July 4th, and Labor Day. The Contractor will post the preceding
days/hours of operation (including days the Green Waste Facility is closed) in a readily visible
place at the entrance of the Green Waste Facility.
Days/hours of operation shall not otherwise be extended or shortened without the prior
written consent of the Authorized Representative. In the event that revised days/hours of
operation are approved, the Contractor will be responsible for notifying all customers, in writing,
at least two (2) weeks before such revised hours operation commence.
10.4 Eliqible Users: The Green Waste Facility shall be accessible to residents of the City of
Miami Beach, and landscape firms performing work within the city limits of the City of Miami
Beach.
10.5 Personnel: At least one (1) designated employee of the Contractor shall be on site at all
times when open to oversee the day-to-day operation and maintenance. Without limitation the
designated employee's duties shall include collection of dumping fees and directing traffic to
where loads should be dropped, etc.
10.6 Records: The Contractor shall keep records, in such form and manner as shall be
mutually agreed upon by the Contractor and the Authorized Representative, of all ingoing and
outgoing traffic.
10.7 Operations: The Contractor shall containerize all materials delivered or dropped to the
Green Waste Facility; shall conduct a neat and orderly operation at all times; and shall be solely
responsible for the necessary housekeeping services to properly keep and maintain the Green
Waste Facility, and any equipment and facilities thereon, in good working order and in clean,
sanitary, and safe condition.
No signs (other than the entrance sign described herein) shall be placed on the
premises unless first approved, in writing, by the Authorized Representative. All signage shall
comply with the City's established signage criteria (as same may be amended from time to
time).
10.8 The Contractor shall use its best efforts to assure that its operation of the Green Waste
Facility does not interfere with the existing character of the surrounding residentiat
neighborhood.
The premises shall not be used as storage for any other equipment or materials other
than what is required to perform the service provided in this Section 10.
{00084123.DOCX.} Page 14 of 46
10.9 Permits: The City has an operating permit from Miami-Dade County, Department of
Environmental Resources Management, provided as Exhibit "C" hereto. The Contractor shall
be responsible for full compliance with all the requirements of the operating permit in
accordance with the service provided in this Section 10.
10.10 Fee Schedule: The Contractor shall adhere to the following fee schedule:
Charqe to Residential: Free to all residents showing proof of residency
Charqes to landscape Firms: $20.00 per cubic yard
10.11 Adiustments: Upon thirty (30) days prior written notice to the City Manager and the
City's Sanitation Director, the fees set forth in subsection 10.10 may be adjusted annually, on
January 1St of each contract year("date of adjustment"), commencing on the anniversary date of
the Commencement Date, according to any increases in the Consumer Price Index, All Urban
Consumers (CPI-U): U.S. city average, Garbage and trash collection (Unadjusted percent
change) ("CPI") for the period from the fifteenth month preceding the date of adjustment
(October)through the third month preceding the date of adjustment (October); however, the
annual maximum adjustment shall not exceed five percent (5%). Negative adjustments will not
be permitted, with the floor of the CPI increases being 0. All notifications of adjustment must be
made in writing, on or before December 1 st of the year preceding the date of adjustment;
otherwise, the adjustment shall be deemed waived for that particular year.
10.12 All disposals shall be in accordance with current City, County, State and Federal laws
and regulations.
10.13 Indemnification: Contractor shall indemnify, defend and save the City harmless from
and against any and all claims or causes of action (whether groundless or otherwise), damage
injury, liability, cost and expense, of whatsoever kind of nature (including, but not by way of
limitation, reasonable attorney fees and court costs), by or on behalf of any person, firm or
corporation, for personal injury (including death) or property damage, or other, occurring on the
Facility, or in connection with the Contractor's operation, management, maintenance, and/or any
other activities on or upon the Green Waste Facility, occasioned in whole or in part by:
a) any negligent act or omission or willful misconduct on the part of the Contractor or any of
its employees, contractors, agents, invitees, or guests;
b) any use not permitted by this Agreement, or unlawful use of the Green Waste Facility by
the Contractor, or any of its employees, contractors, agents, invitees, or guests; and any
breach, violation, or non-performance of any undertaking by the Contractor, or any of its
employees, contractors, or agents, invitees, or guests under this Agreement.
The Contractor further agrees to pay and for all damage to the facility caused by the
Contractor or any employees, contractors, agents, guests or invitees.
The Contractor shall have no obligation to indemnify, defend and hold harmless the City
from claims or causes of action, damage, injury, liability, cost and expense of whatsoever kind
{00084123.DOCX.} Page 15 of 46
or nature (including, but not by way of limitation, reasonable attorney fees and court costs)
arising out of (i) injury to persons (including death), damage to property, or environmental
contamination related to operation of the Green Waste Facility prior to the Commencement Date
or the date when Contractor commenced operating the Facility under the Agreement
immediately preceding this Agreement, whichever occurred first (ii) the gross negligence or
willful misconduct of the City; (iii) the breach of any terms, conditions, covenants,
representations, or warranties in this Agreement by the City; or (iv) the violation of any laws,
rules, regulations, ordinances, orders, licenses, or permits by the City.
The provisions of this Section 10.13 shall survive the termination and/or expiration of this
Agreement.
10.14. Contractor Contribution for Green Waste Facilitv Upqrades: As additional consideration
for the City to enter into this Agreement, the Contractor agrees to 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. Such
payment will be made to the City by Contractor within thirty (30) days of the City providing
electrical and water service to the Green Waste Facility.
11. OTHER SERVICES
11.1 Neiqhborhood Pride Weekend: On the first weekend of every month during the Term of
the Agreement, the Contractor will place five (5), twenty (20) yard roll off Containers at such
location or locations in the City, as designated by the Authorized Representative. These
Containers shall be provided for residents to bring Bulky Waste to the container placement
locations for free drop off. Containers must be delivered prior to 9:00 a.m. on Saturday, and
picked up prior to 9:00 a.m. on Monday. The Contractor will partner with the City to advertise the
Neighborhood Pride Weekends. There will be no additional cost to the City for this service.
11.2 Promotional Material: Within sixty (60) days from the Commencement Date, the
Contractor wi�l provide corporate literature and promotional materials to assist the City with its
anti-litter program.
11.3 Public Advertisements: As directed by the City Manager, the Contractor will, at its sole
cost and expense, place City-approved, public advertisements on its collection trucks. The
Contractor shall (also at its sole cost and expense) replace any such public advertisements with
new public advertisements, every six (6) months during the Term.
11.4 Contractor Contribution for Recvclinq Proqram: As additional consideration for the City
to enter into this Agreement, the Contractor 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 St of each contract year during the entire Term of the Agreement, toward the
City's recycling program.
11.5 In Kind Services: Contractor agrees to provide the In Kind Services described in Exhibit
"E", attached hereto.
{00084123.DOCX.} Page 16 of 46
12. QUALITY OF SERVICES.
12.1 Contractor's Representative: Prior to the Commencement Date, the Contractor shall
assign a qualified person, who shall be subject to the prior written approval of the City Manager,
such approval not to be unreasonably withheld, to serve as the Contractor's representative
under this Agreement.
The Contractor's Representative shall be authorized and responsible to act on behalf of
the Contractor with respect to directing, coordinating, and administering all aspects of the
Services and of the Contractor's obligations under this Agreement. Replacement (including re-
assignment) of an approved Contractor's Representative shall not be made without the prior
written consent of the City Manager.
Notwithstanding the preceding, the Contractor also agrees, upon fifteen (15) days of
receipt of notice from the City Manager (which notice shall state the cause therefore), to
promptly remove and replace a Contractor's Representative. Any replacement shall also be
subject to the prior written approval of the City Manager, which approval shall not be
unreasonably withheld.
In addition to Contractor's Representative, the Contractor's supervisory personnel shall also
be available for consultation with City Manager or Authorized Representative, upon reasonable
notice.
The Contractor's Representative and supervisor(s) shall operate vehicles which are
capable of direct communications with all trucks and equipment operating within the City limits
performing the Service.
12.2 Customer Service Representative: The Contractor shall specifically assign a primary
and an alternate person (Customer Service Representative) to handle customer service issues
under this Agreement including, without limitation, ensuring the prompt and satisfactory
resolution of customer complaints; handling customer inquiries and requests for information;
and any other customer service related issues that may arise during the course of providing the
Services contemplated in this Agreement.
The Customer Service Representative shall also be responsible for faxing (or e-mailing)
the Bulky Waste pick-up and customer complaint registers to the Authorized Representative.
All complaints received by the City will also be forwarded to the designated Customer
Service Representative.
12.3 Conduct of Emplovees: The Contractor shall keep a record of all employees' names,
truck numbers, and route assignments, so as to readily allow identification of employees at all
times. The Contractor shall provide its list of current employees to the Authorized
Representative, at the Commencement Date and within twenty-four (24) hours of written
request for same.
{00084123.DOCX.} Page 17 of 46
The Contractor shall select, train and employ such number of employees as is
necessary or appropriate for the Contractor to satisfy its responsibilities hereunder, and as
required to perform the Services in accordance with the first class standards contemplated
under this Agreement. The Contractor shall recruit employees consistent with standards
employed by comparable operations.
Contractor shall ensure that its collection employees serve the customers, and the
general public, in a courteous, helpful, and impartial manner. The Contractor's collection
employees will be required to follow and keep to the walkways (or other pedestrian paths) while
on private property. No trespassing by employees will be permitted, nor will crossing properties
of neighboring premises (unless the occupant of both such properties shall have given
Contractor prior written permission). Care shall be taken to prevent damage to private and
public property (including, without limitation, cans and containers, carts, racks, structures,
fences, gates, trees and landscaping, etc.).
12.4 Emplovee Uniform Requlation: The Contractor's collection employees shall wear a
uniform or shirt bearing the company's name. The Contractor shall furnish to each employee an
identifying badge, with uniform type, not less than two and one half (2 '/2 ) inches in diameter,
with numbers and letters at least one (1) inch high. All employees shall be required to wear such
badges while on duty. Lettering stitched on or identifying patches permanently attached to,
uniform shirts and jackets is also acceptable.
12.5 Vehicle Operator License: Each vehicle operator shall, at all times, carry a valid driver's
license for the type of vehicle that is being driven or operated.
12.6 Safetv Trainina: The Contractor shall provide operating and safety training for all
personnel so as to ensure that the Services at all times are provided in accordance with the
highest standards for safety and caution.
12.7 Residencv: The Contractor shall make reasonable efforts to, whenever practical in its
hiring policies, to employ personnel from among residents of the City of Miami Beach.
12.8 Non-Discrimination: The Contractor agrees that there shall be no discrimination as to
race, sex, sexual orientation, color, creed, national origin, familial status, religion or handicap, in
the employment practice or in the performance of the Services that Contractor agreed to provide
pursuant to the Agreement. All facilities and Services offered shall be made available to the
public.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
{00084123.DOCX.} Page 18 of 46
12.9 Compliance with Federal, State, Countv, and Municipal Law: The Contractor shall
comply with all applicable Federal, State, County and City laws, ordinances, rules and
regulations including, without limitation, those relating to employment, protection of the
environment, and safety; whether now or hereafter in effect.
12.10 Citv of Miami Beach Livinq Wage Ordinance Requirements: This Agreement is subject
to, and Contractor shall be required to comply with, the provisions of the City's Living Wage
requirements, as codified in Sections 2-407 through 2-410 of the City Code (as same may be
amended from time to time).
THE CONTRACTOR, BY ITS EXECUTION OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE CITY'S
LIVING WAGE ORDINANCE, AS SAME MAY BE AMENDED FROM TIME TO TIME.
12.11 City of Miami Beach Equal Benefits Ordinance Reauirements: The Contractor, by its
execution of this Agreement, acknowledges that it is required comply with all applicable
provisions of City Ordinance No. 2005-3494, as same may be amended from time to time,
which requires the Contractor to provide equal benefits for domestic partners (the Ordinance).
This Ordinance applies to all employees of the Contractor who work within the City limits of the
City of Miami Beach, Florida, and the Contractor's employees located in the United States, but
outside of the City of Miami Beach limits, which are directly performing work on a contract within
the City of Miami Beach.
THE CONTRACTOR, BY ITS EXECUTION OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE
ORDINANCE, AS SAME MAY BE AMENDED FROM TIME TO TIME.
13. CONTRACTOR'S OFFICE
13.1 General Conditions: The Contractor shall provide and maintain throughout the Term,
at its sole cost and expense, a suitable office located within Miami-Dade County, with adequate
staff, to include, at a minimum, Contractor's Representative and the Customer Service
Representative, and telephone service (including a telephone number dedicated solely for
handling and disposition of Miami Beach customer service issues including, but not limited to,
incoming complaints, requests for information, etc.). The office shall be the main office for the
Contractor's Representative and the Customer Service Representative, and shall be open
between 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding nationally recognized
holidays. Between the hours of 5:00 P.M. and 8:00 A.M., Monday through Friday, all day on
Saturday and Sunday, and on nationally recognized holidays, the Contractor all of which shall
provide and maintain voice-mail, answering service and all messages shall be responded to by
the following working day.
14. PAYMENT AND BILLING
14.1 Compensation: In consideration of the Services to be provided by the Contractor
pursuant to this Agreement, the City shall pay the Contractor for Residential Service, a per
individual Single Family Residence or individual unit in a Multiple Dwelling Units building, a fee
{00084123.DOCX.} Page 19 of 46
("Unit Price"), in the amount of $42.03 per month, of which: (i) 25% ($10.51) relates to the
disposal cost ("Disposal Costs"), which, as described in subsection 14.3, is subject to change by
Miami-Dade County, with any increase to the Disposal Costs being a passthrough expense to
the City; and (ii) the remaining 75% ($31.52) relates to the collection costs ("Collection Costs"),
which Collection Costs are subject to annual CPI adjustments as described in subsection 15.1.
The Unit Price is inclusive of all costs for the Services to be provided herein, except where the
Agreement expressly provides for the payment of additional fees. Contractor further
acknowledges and agrees that the payments of any such additional fees are subject to the prior
written authorization and approval of the City Manager.
14.2 Billinq Procedures: The Contractor shall submit an invoice by the 10th of each month for
work/services rendered during the preceding month. Payments will be made to the Contractor
on or before the 30th day of each calendar month upon verification of the invoice submitted.
Invoices shall be submitted to: City of Miami Beach, Florida
Sanitation Division Director
140 MacArthur Causeway
Miami Beach, Florida 33139
On the first day of each month, payment(s) may be adjusted to correspond with the
occupancy of existing or new buildings, and the demolition of old buildings. The adjustment shall
be for buildings either occupied or demolition during the second month preceding the
adjustment (For example, any adjustment made on June 1 of a contract year would be for
buildings occupied or demolished in April of the subject year). Any existing unit shall be
considered unoccupied whenever the City has temporarily terminated water service, at the
customer's request. Any new unit shall be considered to be occupied when a Certificate of
Occupancy (CO) has been issued by the City, and water service has been provided to the
occupant(s). Demolition permits issued by the City's Building Department shall be proof of
demolition. The City will notify the Contractor of any existing unit that is considered unoccupied
and of any new unit considered to be occupied.
14.3 Adiustments in Disposal Costs: The parties acknowledge that the Unit Price is
calculated in part, by taking into consideration the Miami-Dade County tipping fee, in effect as of
the Commencement Date. However, it is recognized that, from time to time during the Term, the
Disposal Costs (tipping fee) may change. In the event of such change in tipping fee, the
Contractor shall make a request, in writing (accompanied by any substantiating documentation),
to the City Manager for an increase in the Unit Price (due to an increase in the tipping fee). The
City Manager shall grant the request within 30 days of receipt. Any increase granted pursuant
to this subsection, at maximum, shall only be in proportion to the actual increase in the tipping
fee.
Notwithstanding the preceding, decreases in the Disposal Costs shall entitle the City to
receive an automatic decrease in the Unit Price (in proportion to the actual decrease in the fee).
14.4 Unusual Chanqes or Costs: The Contractor may request a rate adjustment, by written
request (with supporting documentation) to the City Manager, on the basis of unusual changes
{00084123.DOCX.} Page 20 of 46
in its cost of doing business; change in laws; or changes in location of disposal sites. The City
Manager shall then submit the request (and his/her recommendation) to the City Commission
for its consideration and approval, which approval, if given at all, shall be at the Commission's
sole discretion, but shall not be unreasonably withheld.
Notwithstanding the preceding, any changes or any other conditions which occur that
reduce Contractor's cost shall entitle the City to receive an automatic Unit Price decrease (in
proportion to the decrease in Contractor's costs).
14.5 Penalties: Any monetary penalties, as listed in Exhibit "B," attached hereto and
incorporated herein, assessed against Contractor shall be deducted from the monthly billing to
the Contractor(without liability to the City).
15. CONSUMER PRICE INDEX (ADJUSTMENTS TO COLLECTION COSTS ONLI�
15.1 All Urban Consumers (CPI-U): U.S. citv averaqe, Garbaqe and trash collection
�Unadiusted percent chanqe): On January 1, 2020, and on January 1St of each subsequent
contract year during the Term ("date of adjustment"), the compensation paid by the City to the
Contractor for Collection Costs pursuant to this Agreement shall be adjusted, according to the
percentage of increase reflected in the Consumer Price Index, All Urban Consumers (CPI-U):
U.S. city average, Garbage and trash collection (Unadjusted percent change) ("CPI") for the
period from the fifteenth month preceding the date of adjustment (October) through the third
month preceding the date of adjustment (October); provided, however, that the annual
maximum adjustment to the Disposal Costs shall not exceed five percent (5%). Negative
adjustments will not be permitted, with the floor of the CPI increases being 0. The CPI
adjustment shall only apply to the Collection Costs. The Disposal Costs, shall be subject to
pass-through adjustment as described in subsection 14.3 above. All requests for adjustment
must be made in writing, by the requesting party, on or before December Ist of the year
preceding the date of adjustment; otherwise, the adjustment shall be deemed waived for that
particular year.
16. CONTRACTOR'S PERFORMANCE
16.1 Aqreement Administration: If at any time during the Term, the Contractor's performance
of the Services is deemed unsatisfactory, in the reasonable judgement and discretion of the City
Manager, the Contractor shall immediately take any and all such actions, as may be reasonably
required by the City Manager, to satisfactorily correct any such deficiency(ies); including,
without limitation, increasing its workforce and equipment, or take such other actions as
necessary so that the Contractor is able to perform (or continue to perform) the Services in
accordance with the first-class standards contemplated in this Agreement.
If the Contractor neglects or fails to correct any deficiency(ies), and/or immediately restore
performance to a satisfactory level, the City Manager may, at his/her sole discretion, and after
giving the Contractor three (3) business days written notice, take such additional steps as
he/she deems necessary including, without limitation, undertaking performance to correct such
deficiency. This shall be without prejudice to any other remedy the City may have. In the case of
{00084123.DOCX.} Page 21 of 46
bona fide emergencies, as determined by the City Manager in his/her sole and reasonabte
discretion, involving public health or public safety or to protect against loss or damage or to
prevent or minimize serious disruption of the Services, the City may cause such work and/or
services as is necessary to be performed without prior notice to the Contractor.
The City, at its discretion, may draw down from the Bond or may deduct from the
compensation to be made to the Contractor, the amount of any and all actual and out-of-pocket
costs incurred in correcting deficiencies made necessary be such neglect or failure. If the
amount of the Bond, of if such payments to be made to the Contractor are not sufficient to cover
such amount, the Contractor shall be liable in such amount to the City.
Notwithstanding the preceding, the failure of the City Manager to give such notification(s)
shall not relieve nor excuse the Contractor of its obligation to perform any work and/or services
required by this Agreement, in accordance with the standards contemplated in this Agreement.
16.2 Aqreement Information: Upon reasonable notice from the City Manager or Authorized
Representative, the Contractor shall furnish any and all information and/or supporting
documentation to ascertain whether or not the Services are being performed, in accordance
with the requirements and with the first class standards contemplated in this Agreement.
16.3 Inspections: The City Manager may appoint such person or persons, as the City
Manager may deem qualified, in his/her sole judgement and discretion, to inspect the
Contractor's operations, including its workforce and equipment, at any time during the Term,
upon reasonable notice to the Contractor.
16.4 Access: The City Manager, and/or his/her authorized representatives, shall, during all
reasonable times, and upon reasonable notice, be permitted free and open access to the
Contractor's facilities (including the Green Waste Facility), workforce, and equipment, for the
purpose of inspecting the Contractor's performance of the Services.
16.5 Authorized Representative: The Contractor shall cooperate with the Authorized
Representative of the City in every reasonable way in order to facilitate any City inspections
related to Contractor's facilities, equipment, workforce, and/or to the quality, performance and
progress of the Service. The Contractor shall at all times have a competent and reliable, English
speaking representative on duty, who is authorized to receive orders and to act for the
Contractor on any operational matters related to this Agreement.
16.6 Records and Audits: The Contractor shall keep full and accurate accounting records
relating to the Service, in accordance with generally accepted accounting principles. The
Contractor shall maintain a system of bookkeeping adequate for its operations hereunder. The
Contractor shall give the City Manager and/or his/her Authorized Representative access to such
books and records, during reasonable business hours and upon reasonable advance notice.
The Contractor shall keep and preserve the aforestated records for at least three (3) years
following each contract year during the Term, or for as long as such records are required to be
retained pursuant to Florida Public Records Law. In addition and notwithstanding the preceding,
the City Manager shall have the right, at any time (and from time to time), to cause independent
{00084123.DOCX.} Page 22 of 46
auditors to audit all of the books of Contractor relating to the Services. The City shall be
responsible for the costs incurred by it conducting such audit.
16.7 Failure to Enforce: The failure of either party at any time to require performance by the
other party of any provision(s) hereof shall in no way affect the right of the enforcing party
thereafter to enforce same, nor shall such failure be construed as a waiver by the enforcing
party of the breach of any provision(s) herein; or held a waiver of any breach of such
provision(s), as a waiver of the provision(s) itself.
17. [Intentionally Omitted]
18. COMPLAINTS AND COMPLAINT RESOLUTION
18.1 Complaints: The Contractor shall prepare and maintain, in accordance with a format
approved by the Authorized Representative, a register of all customer (or City) 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 inspection at all times during
reasonable hours and upon reasonable notice.
At a minimum, the Contractor shall adhere to the following schedule in the
handling/resolution of complaints:
a) Any complaints received by the Contractor before 12:00 noon shall be resolved before
4:00 p.m. of the same day;
b) Complaints received after 12:00 noon, but before 12:00 midnight, shall be resolved
before 12:00 noon following day;
c) Complaints received after 12:00 midnight, but before 8:00 a.m., shall be resolved
before 12:00 noon of the same day; and
d) Complaints received after 12:00 noon on the day preceding a holiday, or a Saturday or
Sunday; shall be resolved no later than before 12:00 noon of the next working day.
A daily listing of all complaints filed, and of their disposition, shall be provided to the
Authorized Representative at the end of each business day (by fax or e-mail). Legitimacy of
challenged complaints shall be determined on the basis of a joint inspection by the Authorized
Representative and representative of the Contractor. Disputes shall be referred to the City
Manager, whose decision shall be final and binding on all parties.
The City's auditors may communicate directly with customers, for the purpose of confirming
Contractor's compliance with complaint handling/resolution.
18.2 Disputes about Collection of Certain Items: It is recognized that disputes may arise
between the City and the Contractor, and between Contractor and customers, with regard to the
collection of certain waste (disputed waste). The City Manager or Authorized Representative
may, from time to time, require Contractor to remove any such disputed waste; irrespective of a
pending or actual dispute with regard to whether or not the type of disputed waste which is
{00084123.DOCX.} Page 23 of 46
being requested for removal is within the scope of this Agreement. Should the Contractor fail to
remove disputed waste within twenty-four (24) hours from receipt of notification by the City, the
City, at its sole option, but not its obligation may do so, and all costs incurred by the City shall
be deducted from the monthly compensation due the Contractor.
18.3 Penalties: The Contractor acknowledges that it is the intent of the City to ensure that the
Contractor provides the highest quality level of service pursuant to this Agreement. To further
ensure the Contractor's continuous performance of the Services in accordance with the first-
class standards contempiated under this Agreement, the Contractor shall use its best efforts to
handle and resolve complaints, in a prompt and efficient manner, and to the reasonable
satisfaction of the City Manager and the Authorized Representative.
Failure to resolve any and all complaints may result in the Contractor being assessed
monetary penalties in Exhibit "B" hereto. Any monetary penalties assessed to the Contractor
(pursuant to Exhibit "B") shall be deducted from the monthly compensation due to the
Contractor(without liability to the City).
19. [Intentionally Omitted]
20. PERFORMANCE BOND
20.1 Amount of Bond: Contractor shall, upon execution of this Agreement but in any event
prior to the Commencement Date, furnish to the City a Performance Bond (the Bond), in the
penal sum as stated below, for the payment of which Contractor shall bind itself for the faithful
performance of the terms and conditions of this Agreement:
The amount of the Bond will be one hundred percent (100%) of the annual
compensation to be paid to Contractor.
The Bond shall be maintained in full force and effect throughout the Term and may be
renewable on an annual basis.
20.2 Citv's Riqhts: The City may "draw down" upon all or any portion of the Bond in the
event that Contractor fails to comply with its obligations under the Agreement and such failure
shall continue beyond any applicable grace and cure period. The Contractor shall pay for any/all
reasonable outside legal fees that may be incurred by the City in prevailing in any action to
collect on the Bond. If payment of any amount claimed against the Bond is not received within
thirty (30) days of submission of a claim, the Contractor shall also be responsible for interest, at
the greater of the statutory rate in Florida or the prime rate, to be paid on the amount claimed
against the Bond. In the event the City "draws down" against all or any portion of the Bond at
any time during the Term, the Contractor shall immediately replenish the amount so drawn, so
that the Bond is maintained in the full required amount at all times during the Term of this
Agreement.
20.3 Form of Bond: The form of the PerFormance Bond is subject to approval by the City's
Chief Financial Officer, which approval shall not be unreasonably withheld.
{00084123.DOCX.} Page 24 of 46
20.4 Qualified of Suretv: The Performance Bond must be executed by a Surety Company of
recognized standing, authorized to do business in the State of Florida and having a resident
agent in Miami-Dade County. The Surety Company shall hold a current Certificate of Authority
as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury
Circular 570, in Current Revision.
21. INSURANCE AND INDEMINIFICATION
21.1 Insurance: At all times during the Term, the Contractor shall comply with (and, in the
case of insurance coverage, maintain in full force and effect) the insurance provisions set forth
in Exhibit "D", incorporated herein by reference and attached hereto.
All insurance provided for in this subsection 21.1 and Exhibit "D" hereto shall be in such
form and shall be issued by such responsible insurance companies licensed to do business in
the State of Florida with companies having a rating A-:V1 or better in BesYs Insurance Guide, as
published by A.M. Best and Company. Upon execution of this Agreement and, thereafter, not
less than thirty (30) days prior to the expiration dates of the policies required pursuant to
subsection 21.1 and Exhibit "D", originals of the policies or certificates, or renewal certificates,
as the case may be, bearing notations evidencing the payment of premiums or accompanied by
other evidence reasonably satisfactory to the City's Risk Manager at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Each policy of insurance required to be carried pursuant to subsection 21.1 and Exhibit
"D" hereto shall contain (i) a provision covering the indemnification obligations in subsection
21.2 hereof; (ii) a provision that no act or omission of the City or the Contractor shall affect or
limit the obligation of the insurance company to pay the amount of any loss sustained; (iii) an
agreement by the insurer that such policy shall not be cancelled, modified or denied renewal
without at least thirty (30) days prior written notice to the City Manager (with copies to the City's
Risk Manager at the address provided in this subsection); and (iv) a waiver of subrogation by
the insurer. All insurance procured by the Contractor in accordance with the requirements of this
subsection 21.1 and Exhibit "D" shall be primary over any insurance carried by the City and
not require contribution by the City. In addition, if the Contractor enters into any agreements
during the Term herein with any subcontractors and/or independent contractors for the provision
of any work and/or services hereunder, Contractor shall require such contractors to name the
City as an additional insured under and insurance required by the Contractor thereunder, and to
deliver to the City's Risk Manager, prior to performance of such work and/or services, a
certificate evidencing the existence thereof.
21.2 Indemnification: 21.2.1 In consideration of a separate and specific consideration of Ten
($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City, its
officers, employees, contractors, agents or servants (collectively, the "Indemnitees"), from and
against and assumes all liability for any and all claims, suits, actions, damages, liabilities,
expenditures or causes of actions of whatsoever kind or nature (collectively, the "Claims")
arising out of the any solid waste collection and/or disposal activities, and/or use of any public
streets for the purposes authorized under this Agreement; or resulting or accruing from any
{00084123.DOCX.} Page 25 of 46
negligence, act, omission or error of the Contractor, its officers, employees, contractors, agents
or servants, in connection with its operations and/or the performance of the Services
contemplated under this Agreement, or with any other City or County ordinance or state or
federal law applicable to its activities and resulting in or relating to bodily injury, loss of life or
limb or damage to property sustained by any person. Contractor shall hold the Indemnitees
harmless from and against all judgments, orders, decrees, reasonable attorney's fees, costs,
expenses and liabilities incurred in and about any such claim, investigation or defense thereof,
which may be entered, incurred or assessed as a result of the foregoing. Contractor shall
defend, at his sole cost and expense, any legal action, claim or proceeding instituted by any
person against the Indemnitees, as a result of any claim, suit or cause of action accruing from
activities authorized pursuant to this Agreement.
21.2.2 The indemnifications in subsection 21.2.1 shall not be limited in any way by the type or
amount of insurance carried by the Contractor.
21.2.3 Subsections 21.2.1 and 21.2.2 shall survive the termination or expiration of this
Agreement. The foregoing notwithstanding, the Contractor shall have no duty to indemnify, hold
harmless, or defend an Indemnitee to the extent any such Claims are caused by: (i) the gross
negligence or willful misconduct of any Indemnitee; (ii) the breach of any terms, conditions,
covenants, representations, or warranties in this Agreement by the City; or (iii) the violation of
any laws, rules, regulations, ordinances, orders, licenses, or permits by any Indemnitee.
22. DAMAGE TO OR DESTRUCTION OF EQUIPMENT
If any of Contractor's equipment is damaged, destroyed, or stolen by an event which is covered
by Contractor's insurance, Contractor must utilize the insurance proceeds to immediately repair
or replace the equipment with similar equipment of at least equal quality. If the insurance
proceeds are insufficient, or the equipment has been damaged or destroyed by an uninsured
casualty, the Contractor shall be solely responsible for providing the additional funds, as needed
to immediately repair or replace the equipment in accordance with the standard required by this
Section 22.
23. EVENTS OF DEFAULT BY CONTRACTOR
Each of the following events or conditions shall constitute an event of default by Contractor:
a) any failure by the Contractor to perform or comply with the terms and conditions of this
Agreement, and said failure continues for fifteen (15) days after written notice to Contractor
demanding that such failure be cured;
b) filing by or against the Contractor (or the Performance Bond Surety) of bankruptcy,
receivership, assignment for the benefit of creditors, liquidation, dissolution, composition or
reorganization petition, or other insolvency proceeding;
c) if any work or services required under the Agreement shall be vacated or abandoned by
the Contractor during the Term for a consecutive period of seven (7) days or more;
{00084123.DOCX.} Page 26 of 46
d) any representation or warranty furnished by the Contractor under this Agreement is
found to be false or misleading in any material respect when made;
e) failure to comply with the complaint handling/resolution procedures set forth in Section
18 hereof;
f) in excess of twenty (20) complaints in any calendar month during the Term; and
g) not resolving compiaints of missed service (within twenty four(24) hours) in excess of five
(5) times in any calendar month during the Term.
24. REMEDIES UPON DEFAULT BY CONTRACTOR
24.1 In the event of default by Contractor, the City may, through the City Manager and without
election of remedies:
a) immediately terminate the Agreement (without any legal action required) by delivery of a
written notice to the Contractor, in which use, the termination shall become effective as of the
date set forth in the City's notice. The Contractor shall, at its sole cost, remove any and all
personnel and equipment from the City to relinquish the Green Waste Facility, and the City may
immediately contract with another firm or firms to provide the Services contemplated hereunder
to the City;
b) withhold all or any part of Contractor's compensation hereunder;
c) seek recovery on the Performance Bond; and/or
d) exercise any and all remedies available, at law or in equity, including bringing an action or
actions against Contractor for recovery of amounts due and owing to the City, and/or for
damages (which shall include all costs and expenses reasonably incurred by the City in
exercise of its remedy), and/or for specific performance, injunctive relief or any other appropriate
equitable remedy.
If the City considers it to be in its best interests, it may elect not to declare default or to
terminate the Agreement. The parties acknowledge that this provision is solely for the benefit of
City and that if the City permits the Contractor to continue to perform the Services (or any
portion thereof) despite one or more events of default, the Contractor shall in no way be relieved
of any of its responsibilities, duties, or obligations under this Agreement, nor shall the City waive
or relinquish any of its rights.
24.2 Riqhts to Offset: Any additional costs incurred by the City in the event of termination of
this Agreement for default, or otherwise resulting from the Contractor's performance or non-
performance under this Agreement, including (without limitation) the exercise by the City of any
of the remedies available to it under subsection 24.1 hereof, and any credits due to or
overpayments made by the City, may be offset by use of any payment due for the Services
completed before the termination for default or before the exercise of any remedies. If such
amount offset is insufficient to cover such excess costs, the Contractor shall be liable for and
{00084123.DOCX.} Page 27 of 46
promptly remit to the City the difference upon written demand therefore. This right to offset is on
addition to and not limitation of any other remedies available to the City.
25. TERMINATION FOR CONVENIENCE BY THE CITY
The City Commission, in addition to the City's rights and options to terminate set forth in Section
24 hereof, or any other provisions set forth in this Agreement, retains the right to terminate this
Agreement at its sole option, at any time, for convenience, without cause and without penalty,
when in its sole discretion it deems such termination is in the best interest of the City. Said
termination for convenience shall become effective thirty (30) days following receipt by the
Contractor of written termination notice. In that event, the City shall only be required to
compensate the Contractor for all work/services satisfactorily performed by the Contractor up to
the termination date, and such payment shall be the total extent of the City's liability to the
Contractor under the Agreement.
26. APPLICABLE LAW AND JURY WAIVER
This Agreement shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be in Miami- Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal
court. BY ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR, EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
27. LIMATATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's maximum liability for any cause of action for monetary damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds a
maximum of one hundred thousand ($100,000.00) dollars. The Contractor hereby expresses its
willingness to enter into this Agreement with recovery form the City for any damage action for
breach of Agreement to be its actual damages but in no event to exceed a maximum one
hundred thousand ($100,000.00) dollars. Accordingly, and notwithstanding any other term or
condition of this Agreement, the Contractor hereby agrees that the City shall not be liable to the
Contractor for damages in an amount in excess of one hundred thousand ($100,000.00) dollars
pursuant to this Agreement, for any action or claim for breach of Agreement arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended
to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes,
Section 768.28.
28. REPRESENTATION AND WARRANTIES OF CONTRACTOR
The Contractor warrants and represents to the City, as an inducement to the City to execute this
Agreement, which representation and warranties shall survive the Agreement, that:
{00084123.DOCX.} Page 28 of 46
a) That it is authorized to do business in the State of Florida and is properly licensed by,
and has all necessary permits from, all necessary and required governmental and public and
quasi-public authorities have jurisdiction over it and over the Services;
b) Its execution, delivery, and performance of this Agreement has been duly authorized
by, or is in accordance with, its organic instruments; this Agreement has been duly executed
and delivered for it by the signatories so authorized; and its constitutes its legal, valid and
binding obligations;
c) Its execution, delivery, and performance of this Agreement will not result in a breach of,
violation of, or constitute a default under, any agreement, lease or instrument to which it is a
party or by which it or its properties may be bound or affected;
d) It has not received any notice, nor to the best of its knowledge is there pending or
threatened any notice, or any violation of any applicable laws, ordinances, regulations, rules,
decrees, awards, permits or orders which would materially, adversely affect its ability to perform
hereunder; and
e) It has, or will have under its control on the Commencement Date, all equipment,
machinery, manpower, as necessary and required to perform its obligations under this
Agreement, and has sufficient experience and competence to do so;
f) It is financially solvent, able to pay its debts as they mature, and possessed of sufficient
working capital to perform its obligations under this Agreement;
g) It and each of its employees, agents, and subcontractors of any tier is competent to
perform its obligations under this Agreement; and
h) Its duly authorized representative has visited the Collection Area, familiarized itself with
the local conditions under which the Services are to be performed, and correlated its
observations with the required work and services under this Agreement.
29. EXCLUDED WASTE
Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to
collect any material which is or contains, or which Contractor reasonably believes to be or
contain Special Waste("Excluded Waste"); (b) if Contractor finds what reasonably appears to be
discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the
Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any
Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor
inadvertently collects or disposes of such Excluded Waste.
30. COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall perform its obligations hereunder in compliance with any and all applicable
Federal, State of Florida, and local (City of Miami Beach and Miami-Dade County) laws, rules,
regulations, and codes; in accordance with sound engineering and safety practices; and in
compliance with any and all administrative rules, regulations, and policies of the City relative to
{00084123.DOCX.} Page 29 of 46
the Services. Prior to the Commencement Date, the Contractor shall be solely responsible for
obtaining any and all licenses, permits, approvals, and authorizations as may be required to
perform its obligations hereunder, and shall thereafter be required to maintain same in full force
and effect and in good standing, at all times throughout the Term. Except where expressly
required by applicable laws and regulations, the City shall not be responsible for monitoring
Contractor's compliance with any laws or regulations. When the Contractor observes conflicting
regulatory requirements, it shall notify the City Manager, in writing, immediately. If the
Contractor perForms any of the work or services required by the Agreement knowing or having
reason to know, that such work and/or services are in violation of such laws, rules and/or
regulations, contractor shall be solely responsible for all costs arising directly therefrom.
31. TAXES, LIENS AND FEES
The Contractor shall pay on or before the due date all taxes, fees, and assessments which may
be levied upon or in respect of the equipment, or its operation, including but not limited to
commercial personal property taxes, sales taxes, and intangible taxes, and the Contractor shall
pay on or before the due date any other charge of any character which may be imposed or
incurred by any public authority as an incident to title to, ownership of, or operation of the
equipment. In the event that any lien or encumbrance of any nature relating to the Contractor's
equipment or the operation or maintenance thereof is filed upon the City, the Contractor shall
have thirty (30) days form the date of written notice by the Authorized Representative to have
such lien or encumbrance bonded off or discharged.
32. NOTICES AND CHANGES OF ADDRESSES
All "Notices" to be given by either party to the other shall be in writing and must be either
delivered or mailed by registered or certified mail, return receipt requested, addresses as
follows:
To City: CITY OF MIAMI BEACH, FLORIDA
OFFICE OF THE CITY MANAGER
1700 CONVENTION CENTER DRIVE, 4T" FLOOR
MIAMI BEACH, FLORIDA 33139
With copies to: CITY OF MIAMI BEACH, FLORIDA
PUBLIC WORKS DIRECTOR
PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
And
CITY OF MIAMI BEACH, FLORIDA
SANITATION DIVISION DIRECTOR
140 MACARTHUR CAUSEWAY
MIAMI BEACH, FLORIDA 33139
{00084123.DOCX.} Page 30 of 46
To Contractor: WASTE CONNECTIONS OF FLORIDA, INC.
D/B/A WASTE CONNECTIONS OF FLORIDA
1780 HUGHES LANDING BOULEVARD, SUITE 800
THE WOODLANDS, TEXAS 77381
ATTN: JASON CRAFT, REGIONAL VICE PRESIDENT
With Copies to: WASTE CONNECTIONS OF FLORIDA
605 CRESCENT EXECUTIVE COURT, SUITE 340
LAKE MARY, FL 32746
Or such other addresses as either party may hereinafter designate by a Notice to the other.
Notices are deemed delivered or given and become effective upon mailing if mailed as
aforesaid and upon actual receipt if otherwise delivered.
33. FLORIDA PUBLIC RECORDS LAW.
a) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time. Records made or received in
connection with this Agreement are public records under Florida law, as defined in
Section 119.011(12), Florida Statutes.
b) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
c) REQUEST FOR RECORDS; NONCOMPLIANCE
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
{00084123.DOCX.} Page 31 of 46
and the Contractor must provide the records to the City or a�low the records to be
inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3) avail itself of any available remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
d) CIVIL ACTION
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comp�y with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs 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: 305-673-7411
34. INSPECTOR GENERAL AUDIT RIGHTS.
a) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
{00084123.DOCX.} Page 32 of 46
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
b) The Office of the Inspector Generai is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Contractor,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall annual
contract expenditures to fund the activities and operations of the Office of Inspector
General.
c) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Contractor,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
d) The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not limited
to original estimate files, change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
e) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
{00084123.DOCX.} Page 33 of 46
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition:
(1) If this Agreement is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
f) The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this Agreement.
g) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Contractor or third parties.
35. E-VERIFY.
a) To the extent that Contractor provides labor, supplies, or services under this Agreement,
Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Contractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Contractor shall expressly require any
subcontractor performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract Term. If Contractor enters into a contract with an approved subcontractor, the
subcontractor must provide the Contractor with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. Contractor
shall maintain a copy of such affidavit for the duration of the subcontract or such other
extended period as may be required under this Agreement.
b) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with
Contractor for cause, and the City shall thereafter have or owe no further
obligation or liability to Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 20(A), but the Contractor otherwise complied with such
{00084123.DOCX.} Page 34 of 46
subsection, the City will promptly notify the Contractor and order the Contractor
to immediately terminate the contract with the subcontractor. Contractor's failure
to terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection (b)(1) or (b)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Contractor or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (b)(1) or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Contractor under the foregoing
Subsection (b)(1), Contractor may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 35.
36. CONTRACTOR'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS.
Contractor agrees to comply with Section 787.06, Florida Statutes, as may be amended from
time to time, and has executed the Certification of Compliance with Anti-Human Trafficking
Laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as
Exhibit "E".
37. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT.
Contractor warrants and represents that he/she is not currently engaged in, and will not engage
in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-
375.1(2)(a) of the City Code, Contractor hereby certifies that Contractor is not currently engaged
in, and for the duration of the Agreement, will not engage in a boycott of Israel.
38. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE.
Contractor warrants and represents that, within two (2) years prior to the effective date,
Contractor has not received compensation for services performed for a candidate for City
elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City
Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not applv to the following:
a) Any individual or entity that provides goods to a candidate for office.
{00084123.DOCX.} Page 35 of 46
b) Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. This includes, without
limitation, banks, telephone or internet service providers, printing companies, event
venues, restaurants, caterers, transportation providers, and office supply vendors.
c) Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
39. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE
ACCESSED [NOTE: ONLY INCLUDE IF APPLICABLE.
Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be
amended from time to time, which states that as of January 1, 2024, a governmental entity may
not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which
would grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or representative of
the entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a
government of a foreign country of concern; (b) the government of a foreign country of concern
has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its
principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign
country of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended
from time to time, as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the
Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or
any other entity of significant control of such foreign country of concern. Additionally, beginning
July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity.
Consultant warrants and represents that it does not fall within the definition of a Prohibited
Entity, and as such, has caused an authorized representative of Consultant to execute the
"Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit",
incorporated herein by reference and attached hereto as Exhibit "F".
40. NO WAIVER
The failure of the Contractor or the City to insist upon the strict performance of the terms and
conditions hereof shall not constituted or be construed as a waiver or relinquishment of either
party's rights to thereafter enforce the same in accordance with this Agreement in the event of a
continuing or subsequent default on the part of the Contractor or the City.
41. SEVERABILITY
In the event that any clause or provision of this Agreement or any part thereof shall be declared
invalid, void or unenforceable by any court having jurisdiction, such invalidity shall not affect the
validity or enforceability of the remaining portions of this Agreement.
{00084123.DOCX.} Page 36 of 46
42. ASSIGNMENT/SUBCONTRACTING
The selection of the Contractor as the service provider under this Agreement is based upon its
experience, capability and financial ability to perform the work. The Contractor shall not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the prior
written consent of the City Commission, which consent shall not be unreasonably withheld.
43. BINDING UPON SUCCESSORS AND ASSIGNS; NO THIRD-PARTY BENEFICIARIES.
43.1 This Agreement and the rights and obligations set forth herein shall inure to the benefit
of, and be binding upon, the parties hereto and each of their respective successors and
permitted assigns.
43.2 This Agreement and shall not be construed as giving any person, other than the parties
hereto and their successors and permitted assigns, any legal or equitable right, remedy or claim
under or in respect of this Agreement or any of the provisions herein contained, this Agreement
and all provisions and conditions hereof being intended to be, and being, for the sole and
exclusive benefit of such parties and their successors and permitted assigns and for the benefit
of no other person or entity.
44. (INTENTIONALLY OMITTED).
45. FURTHER DOCUMENTS
The parties shall execute and deliver all documents and perform all further acts that may be
reasonably necessary to effectuate the provisions of this Agreement.
46. INDEPENDENT PARTIES
Nothing contained in this Agreement is intended or shall be construed in any way to create or
establish the relationship of partners or a joint venture between the City and Contractor. None of
the officers, agents or employees of the Contractor shall be or be deemed to be employees of
the City for any purpose whatsoever. The Contractor shall be solely responsible for the acts or
omissions of its officers, employees, contractors, and agents. No person performing any of the
work or services described hereunder shall be considered an officer, servant or employee of the
City, nor shall any such person be entitled to any benefits available or granted to employees of
the City.
47. TIME IS OF THE ESSENCE
Time of the essence with respect to each and every term and condition of this Agreement.
48. FORCE MAJEURE
The performance of any act by the City or the Contractor hereunder may be delayed or
suspended at any time while, but only so long as, either party is hindered in or prevented from
performance by acts of God, the elements, war, rebellion, strikes, lockouts, or any other cause
beyond the reasonable control of the parties; provided, however, that if the hindrance of
{00084123.DOCX.} Page 37 of 46
prevention of performance exceeds a period of thirty (30) days, the City may, through the City
Manager, and at his/her sole option and discretion, terminate, or renegotiate the terms of this
Agreement without liability to the City.
49. JOINT PREPARATION
The parties hereto acknowiedge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
50. ENTIRE AGREEMENT
This Agreement, when executed, together with all exhibits attached hereto, shall constitute the
entire agreement between both parties. This Agreement may not be amended, modified or
terminated except in writing signed by parties hereto and, where required, as approved by the
City Commission.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{00084123.DOCX.} Page 38 of 46
�
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the first date entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
�
�
Rafael E. Granado, City Clerk Eric T. Carpent r, City Manager
_ '�j�l b�'''�
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=�P' ........ �, ,
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Date '._INCflRP�RAiED-'• =
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FOR CONTRACTOR: WASTE CONNECTIONS OF FLORIDA, INC. d/b/a
WASTE CONNECTIONS OF FLORIDA
ATTEST:
By:
�
Secretary Pre id nt
'L� R�-�IC{�r /�����5�'�teo1�' .�r�sid�nr�n�C.�.o
Date Print Name/Title
Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
{00084123.DOCX.} Page 39 of 46 * (1` . �— �( 3i
� CiTy Attorney� .. ( �te
EXHIBIT "A"
ROUTES AND SCHEDULES
{00084123.DOCX.} Page 40 of 46
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EXHIBIT "B"
FINE SCHEDULE
{00084123.DOCX.} Page 41 of 46
EXHIBI`I'"B"—FINE SCHEllULE
It is the intent nf the City to ensure that the C'ontractor provic�es a yuality of fevel of sen�ice, i�i
accordance with the tirst-class standards contemplated under this Agreement. Failure to eomply may
result in the follo�ving fines to Contractor{whieh shall be deducted from monies due to the Contractor,or
which ma��other�vise bea�me due and payable by the Contractor}.
I. Failure or ne�lcct to address collection complaints.
$i OO.OQ per incident
2. Failure to clean up spillage caused b}'thc Contractor.
$I 00.00 per incident per Icx:ation
3. Fnilure to rcpair dama�.e to customer property caused by the Contractor or its personne(.
$I 00.00 per incident per location
-1, f'ailure to maintain equipment in bood working order and in a clean,safe and sanitary roanner.
$100.00 per incident per da}�
S. Failure to have a vehicle(s)operator properly licensed.
$I OO.QO per incident per day
6. Failure to maintain ot�ice hours as required by this Agreement.
$I 00.00 per incident per day
7. Pailure to properl} cover materials in eollection vehicles.
$100.(1Q per incident per day
8. Failure to display Contractors name and phone number on collection vehicles.
$I 00.00 per day
9. Failure to comply with the hours of operation as requircd by this Agreement.
$1(10.00 per incident per day
10. Failure to provide co(Iection services within thc time of day limits provided in Uie Agreement.
$100.00 per incident per day
!l. Failure or neglect to coniplete less than ninen� (90) pereent of each route on the regularly
scheduled collection day not contpleted. $I OQ.00 per incident
13. Co-min�;ling Solid Waste with Recyclable materials.
$100.00 foreach incident
13. Failure to provide replacement equipment �vithin 2 hours after reccipt of notification by the
Authori2ed Representative. $200.OQ/hour
�NOTE: 1'he abot�e nne Hundred clollar ($100.00) amounts (per incident} will be reised to Two
Hundred dollars($200.00) (per incideot)after receiving more than twenty(20)eomplaints.�
35
EXHIBIT "C"
OPERATOR PERMIT
{00084123.DOCX.} Page 42 of 46
Local Business Tax Receipt
Miami-Dade County, State of Fforida
-THIS IS NOT A BILL-DO NOT PAY
1829cJ72 RECEtPT NO.
RENEWAL
BUSIIVESS NAME/LOCATION 1829572 EXPIRES
WASTE CONNECTIONS OF SEPTEMBER 30, 2025
FLORIDA INC
3840 NW 37TH CT � Must be displayed ai pface of business
MIAMI, FL 33142-4208 �.%�{=�'."•� Pursuant to County Code
�� f� Chapter 8A-Arl.9& 10
1
�~�r' • t
Dc:S� � :
OWNER SEC. TYPE OF BUSiNESS
WASTE CONNECTIONS OF FLORIQA PAYMEN7 RECEiVEp
206 MFG/RECYCLfNG/PROC BV TAX COLLECTOR
�NC ESSING
225.00 08l05l2024
Employee(s) 50 INT-24-456750 •
This Local Business Tax Receipt only confirrns payment of the Local Business Tax.The Receipt is not a ticense,
permk,or a certification of the hotders qualifications,to do 6useness.Holder must compiy with any governmental
or nongovernmerttal reguiatory lews aod requirements which epply to the business.
The RECEIPT Nd,above must be displayed on all cammercia!vehicies-Miami-Dade Code Sec Ba-276.
niAnEt�wE , Fo�more info+mation,visit www.miamidade.gorRaxcollector
CITY OF MIAMI BEACH
CERTIFICATE OF USE, ANNUAL FIRE FEE, AND BUSINESS TAX RECEIPT
1700 Convention Center Drive
Miami Beach, Fiorida 33139-1819
TRADE NAME: WASTE CONNECTIONS OF FLORIDA, INC. LICENSE NUMBER: RL-10000490
DBA: Beginning: 10/01/2024
IN CARE OF: Expires: 09/30/2025
ADDRESS: 1702 Convention Center Dr Parcel No: 0232020000000
MIAMI BEACH, FL 33139-6317
TRADE ADDRESS: 1702 Convention Center Dr
A penalty is imposed for failure to keep this Business Tax Receipt Code Business Type
exhibited conspicuously at your piace of business. City Police,Fire, g5008400 GARBAGE,WASTE:ROLL OFF
Code,and Building Department personnel shall be authorized to g5008402 GARBAGE: RECYCLING(DERM PERMIT)
enter all public areas and spaces of commercial business
establishments operating in the city whenever such areas and 95008401 GARBAGE,WASTE:FRANCHISE
spaces are open to the pubiic.
Garbage:Type Franchise
A Business Tax Receipt issued under Article 5 of Chapter 102 of the
City Code does not waive or supersede other City laws,does not
constitute City approval of a particular business activity and does not
excuse the licensee from all other laws applicabie to the licensee's
business.
This Receipt may be transferred:
A.Within 30 days of a bonafide sale,otherwise a complete annual
payment is due.
B.To another location within the City if proper approvals and the
Receipt are obtained prior to opening of the new location.
Additional Information
Storage�ocations
FROM: CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE PRESORTED
MIAMI BEACH, FL 33139-1819
FIRST CLASS
U.S. POSTAGE
PAID
MIAMI BEACH, FL
PERMIT No 1525
WASTE CONNECTIONS OF FLORIDA, INC.
1702 Convention Center Dr
MIAMI BEACH, FL 33139-6317
EXHIBIT "D"
INSURANCE REQUIREMENTS
{00084123.DOCX.} Page 43 of 46
�
INSURANCE CHECK LIST j
X?CY 1. Workers' Compensation and Employer's Liabifity per the sfatutory fimits of the state I
of Florida
I
X�X 2. Comprehensive General UabiNly(occurrence form), limits o(liabiiity $ 1,000,000.00 �
per occurrence for bodily inJury prope�ty damage to Indude Premises! �perations;
Products, Completed Operations and Contractual Llab(Iity. Contractual Llablllty `
and Contractual indemnity (Hold harmiess endorsement exactiy as written In �
"insurance requirements"of speclficationsl. I
XXX_3. Automobile Liability• $1,000,000 each occurrence-owned/non-owned/ti!red �
automoblles Included. �
_�4. Excess Llabili(y-$ . DO per occurrence to follow the primary coverages.
XXX 5. The City must be named as and addifional insured on the liability policies; and it
must be stated on the certificate.
XXX 6, Other Insurance as indicated;
8uilders Rfsk completed value $ . 00
_Liquor Liability $ 00
Fire Legal Liability $ .00
Prolection and Indemnity � .00
_Professional Liabillty $ .00
XXX Employee Dishonesty 8ond ,�1,,000,000. 00
K1CX Theft Covering Money andlor Property
Of Others $ 1 D0.000.00
KXX 7. Thtrty(30)days wrltten cancellation notice required. '
XXX 8. BesYs guide rating A-:V!or betier, latesl edition. ,
XXX 9. The certificate musl state the RFP number and title �
�
PROP05ER AND 1NSURANCE AGENT STATEMENT� �
We understand the Insurance Requlrements of these specifications and that evidence of this �I
insurance may be requlred wfthin five(5}days after Proposal opening. �
I _ ; f
Proposer Slpnature of Proposer i �
i
�
aFp No.auo�oo
�p�z�oo For IA�CoOedton end Dl�po��i of ReslderAlsi Page 152
Pap�22 oi 42 Sdid Waole
EXHIBIT "E"
IN KIND SERVICES
{00084123.DOCX.} Page 44 of 46
EXHIBIT E
In-Kind Service Revised 2/5/2024
Facility Location # Container Freq Service
Descri tion Hauler
Ci Hall 1700 Convention Ctr. Dr. 2 2- ard cans 5 times/wk WC
Ci Hall 1700 Convention Ctr. Dr. 1 2- ard can 5 times/wk WM
Ci Hall 1700 Convention Ctr. Dr. 1 4- ard rec cle 2 times/wk WM
Parkin Gara e 17�' St. &Pen 640 17�'St. 1 8- ard can 7 times/wk WM
Parkin Gara e 17�' St. &Pen 640 17`i' St. 1 4- ard rec cle 2 times/wk WM
1755 Meridian Ave. 1755 Meridian Ave. 1 4- ard can 5 times/wk WC
1755 Meridian Ave. 1755 Meridian Ave. 4 96 al rec cle 2 times/wk WM
Marine Patrol 1790 Purd Ave. 1 4- ard can 2 times/wk WM
Botanical Garden 2000 Convention Ctr. Dr. 2 96 al rec cle 1 time/wk WC
Botanical Garden 2000 Convention Ctr. Dr. 1 2- ard can 5 times/wk WC
Bass Museum 2121 Park Ave. 3 96 al carts 7 times/wk WC
Bass Museum 2121 Park Ave. 2 2- ard cans 7 times/wk WC
Bass Museum 2121 Park Ave. 2 96 al rec cle 2 times/wk WC
Collins Parks Gara e 340 23rd street. 1 2- ard can 3 times/wk WC
Collins Parks Gara e 340 23rd street. 2 96 al rec cle 2 times/wk WC
Parks Division 2100 Meridian Ave. 1 30- ard R/O 5 times/wk WM
Parks Division 2100 Meridian Ave. 2 96 al rec cle 2 times/wk WC
Parks Division 2100 Meridian Ave. 1 30- ard can 3 times/wk WC
Youth Ctr. N. Shore 2700 Sheridan Ave. 1 4- ard can 5 times/wk WM
Youth Ctr. N. Shore 2700 Sheridan Ave. 1 4- ard rec 2 times/wk WM
Fire Station#1 1051 Jefferson Ave. 1 2- ard can MWF WC
Fire Station#1 1051 Jefferson Ave. 1 96 al rec cle 1 time/wk WC
Fire Station#2 2300 Pine Tree Dr. 2 96 al rec cle 1 time/wk WC
Fire Station#2 2300 Pine Tree Dr. 1 4- ard rec cle 1 time/wk WM
Fire Station#2 2300 Pine\Tree Dr. 1 4- ard can 1 time/wk WM
Fire Station#2 2300 Pine Tree Dr. 5 96 al carts MWF WC
Fire Station#3 5303 Collins Ave. 4 96 al carts MWF WC
Fire Station#3 5303 Collins Ave. 2 96 al rec cle 1 time/wk WC
Fire Station#3 5303 Collins Ave. 2 4- ard cans 5 times/wk WM
Fire Station#3 5303 Collins Ave. 1 4- ard rec 1 times/wk WM
Fire Station#4 6860 Indian Creek Dr. 2 96 al totes MWF WC
Fire Station#4 6860 Indian Creek Dr. 1 96 al rec cle 1 time/wk WC
Indian Creek Park 6300 Indian Creek Dr. 1 2- ard can 2 times/wk WM
PD N. Sub-Station 6840 Indian Creek Dr. 1 96 al rec cle 1 time/wk WC
PD N. Sub-Station 6840 Indian Creek Dr. 1 2- ard can 4 times/wk WM
PD Internal Affairs 225 Washin on Ave. 6 96 al carts 2 times/wk WC
S. Shore Comm Ctr. 833 6�' St. 1 4- ard can 6 times/wk WM
Parkin Gara e 7�' St. &Collins Ave. 4 96 al carts 7 times/wk WC
Parkin Gara e 1301 Collins Ave. 2 96 al carts 3 times/wk WC
MB Golf Course 2301 Alton Rd. 1 6- ard can 7 times/wk WM
MB Golf Course 2301 Alton Rd. 4 96 al rec cle 2 times/wk WC
MB Golf Course 2301 Alton Rd. 1 4- ard cardbrd 2 times/wk WC
Facility Location # Container Freq Service
Description Provide
r
Old Ci Hall 1130 Washin on Ave. 2 96 al rec cle 1 time/wk WM
Old Ci Hall 1130 Washin on Ave. 6 96 al carts 2 times/wk WM
Police Station 1100 Washin on Ave. 2 96 al rec cle 1 time/wk WC
Police Station 1100 Washin on Ave. 4 2- ard cans 7 times/wk WC
Sanitation Site 1001 Ocean Dr. Hard ack 1 30- ard R/O 7 times/wk WC
Flamin o Park 943 11'�' St. Tennis Courts 1 2- ard can 3 times/wk WM
Flamin o Park 1200 Michi an G ool 1 2- srd can 3 timesfwk WC
Flamin o Park 1435 Michi an Baseball Std 1 6- ard can 3 timeslwk WM
Flamin o Park 1435 Michi an Baseball Std 1 4- ard rec cle 2 timeslwk WM
Pro e Mana emt. 1833-37 Ba Rd. 1 4- ard can 2 times/wk WM
Parkin De artment 1833-37 Ba Rd. 3 96 al rec cle 1 times/wk WM
Public Works Yard 451 Dade Blvd 1 4- ard can 5 times/wk WM
Public Works Yard 451 Dade Blvd 1 30- ard R/O On call WM
Sanitation Yard 140 MacArthur Causewa 1 30- ard RJO 3 timesJwk WC
Sanitation Yard 140 MacArthur Causewa 1 20- ard Ri0 3 times/wk WC
Sanitation Yard 140 MacArthur Causewa 7 96 al rec cle 1 time/wk WC
Bld De t. North Off 962 Normand Dr. 1 96 al rec cle 2 times/wk WM
Bld De t. North Off 962 Normand Dr. 1 1- ard can 1 times/wk WM
Police Station/Park 7030 Trouville Es lanade 2 96 al rec cle 1 times/wk WM
Police Station/Park 7030 Trouville Es lanade 1 2- ard can 3 times/wk WC
MB Ocean Rescue 7940 Collins Ave. 1 96 al rec cle 1 times/wk WC
MB Ocean Rescue 7940 Collins Ave. 1 2- ard can 2 times/wk WC
N. Shore Band-Chell 73`�& Collins Ave. 1 4- ard can 6 times/wk WM
N. Shore Band-Chell 73'�&Collins Ave. 2 2- ard rec cle 2 times/wk WM
N. Shore Tennis Ctr. 73'� St. & Hardin Ave. 1 3- ard can 6 times/wk WM
N. Shore Park Ctr. 73rd St. & Hardin Ave. 4 96 al carts 5 times/wk WC
N. Shore Tennis Ctr. 73'� St. &Hardin Ave. 3 96 al rec cle 1 time/wk WM
en S ace 79�' St&Collins Ave 3 6- ard cans ? times/wk WM
Normand Shore Golf 2401 Biarritz Dr. 1 4 dcan 3 times/wk WM
Normand Shore Golf 2401 Biarritz Dr. 8 96 al rec cle 2 times/wk WC
Lo Cabin Cat Pro . 8128 Collins Ave 1 2- ard can 2 times/wk WC
Lo Cabin Cat Pro . 8128 Collins Ave 1 96 al rec cle 2 timeslwk WC
*Wasteful Weekend 75`�' St. &Dickens Ave. 5 20- ard R/O 1 time/mth WC
*Wasteful Weekend 140 MacArthur Cs 1 20- ard R10 1 time/mth WC
*Green Waste Yard 2800 Meridian Ave. 3 20- ard R/O 6 timeslwk WC
*Green Waste Yard 2800 Meridian Ave. 1 4- d Textiles as needed WC
*Green Waste Yard 2800 Meridian Ave. 1 4- d Ewaste as needed WC
Litter Can Routes City Wide
Area Direction # Container Fre Service
2
Descri tion Provider
North Beach 63`d Street to Cit Limits +++ Litter Cans 7 times/wk WC
Mid Beach 23�Street to 63� St. +++ Litter Cans 7 times/wk WC
South Beach S. Point to 23'� Street. +++ Litter Cans 7 times/wk WM
Service Providers:
* Falls under the Residential contract.
WM=Waste Management.
WC=Waste Connection.
Recycle=90ga1 Recycling Carts.
R/O=Roll-Off Containers.
Carts= 90ga1 carts used for garbage.
• Pick-up and disposal of recycled material by all franchise haulers in the public right�f-way and parks will be
serviced(2)times per week.
• All franchise haulers will provide additional support for special events by providing (*) 20-yard roll-off
containers.
• All franchise haulers will be partnering with the City on an educational recycling program.
• Each franchise haulers will provide the City with(100)event boxes per year to be used for special events in the
public right-of-way,city—wide.
3
EXHIBIT"F"
HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
Contractor hereby attests under penalty of perjury that Contractor does not use coercion for
labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Contractor.
CONTRACTOR:
WASTE CONNECTIONS OF FLORIDA, INC., a Delaware Corporation, d/b/a WASTE
CONNECTIONS OF FLORIDA
� CJCt�rt,�►� 5��� �br�� �rL 11 C�
� 11�Y►�- L�orxllc�5 Ix �17��3Q
(Name) ^ (Address)
APPROVED AS TO
.�' FORM & LANGUAGE
State of 1�Y�S & FOR EXECUTION
County of �,��1�'q �� _ ( ZS
—� � City Attorney�� Dote
The foregoing instrument was acknowledged before me by means of� physical presence or ❑
�" �7.S
online notarization, this � day of �t.�ilSr�' �-�6�� by
�f�vrx{Icc�J: �11 tte15��,Y��' , as �f't5i�tr1 F arv�1 LF'O of WASTE
CONNECTIONS OF FLORIDA, INC., a Delaware Corporation, d/b/a WASTE CONNECTIONS
OF FLORIDA, known to me to be the person described herein, or who produced
as identification, and who did/did not take an oath.
NOTARY PUBLIC:
�ra�Pua^ DENISE BACHMEYER
p =��`: Notary ID#11084122
( �gna�re) �s My Commission Expires
� ��/ �rf���.� May 20, 2026
/�/� �" r.r
(Print Name)�
My commission expires:
{00084123.DOCX.} Page 45 of 46
EXHIBIT "G"
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Contractor, hereby attests under penalty of perjury that Contractor
does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida
Statutes: (a) Contractor is owned by a government of a foreign country of concern; (b} the
government of a foreign country of concern has a controlling interest in Contractor; or (c)
Contractor is organized under the laws of or has its principal place of business in a foreign
country of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Contractor.
CONTRACTOR:
WASTE CONNECTIONS OF FLORIDA, INC., a Delaware Corporation, d/b/a WASTE
CONNECTIONS OF F RIDA
� �M�`� S�tu�r+�- 1�lc+c r� Sfi c' 11�
-�� c� a. , j� ?z3�C�
Name itl : `�tt ' ����vr,�(� (Address) APPROVED AS i0
FORM & LANGUAGE
State of ��i � & FOR EXECUTION
County of � �"131 ZS
��`���—� � City Attorney � Dote
The foregoing instrument was acknowledged before me by means of�physical presence or 0
online notarization, this � day of ��1xk 202 5 by
�or�a,�� �• 1�fTl'els�of as ►�ft�'o�r►f cml (�G� of WASTE
CONNECTIONS OF FLORIDA, INC., a Delaware Corporation, d/b/a WASTE CONNECTIONS
OF FLORIDA, known to me to be the person describe herein, or who produced
r as identification, and who did/did not take an oath.
N ARY PUBLIC:
. z�*ar°6e^ DENISE BACHMEYER
Notary ID Ji11084122
s � My Commission Expires
( ignature) ��FcctE+ May 20, 2026
'se /
{Print Name)
My commission expires: UT
{00084123.DOCX.} Page 46 of 46
RESOLUTION: 2025-33795
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 2-367(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 RE�IABLE RESIDENTIAL WASTE COLLECTION SERVICES TO CITY
RESIDENTS WHO RESIDE IN SINGLE FAMILY HOMES OR MULTIFAMIIY
HOUSING PROJECTS WITH TWO (2) TO EIGHT (8) RESIDENTIAL UNITS;
SAID AGREEMENT HAYING AN INiTiAL TERM OF TEN (10) YEARS,
COMMENCING ON JANUARY 1, 2026 AND EXPIRING 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 (11) 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, Bulk Waste,and Operation of the City's Green waste Facility
pursuant to Request for Proposals No.60-08/09(the 2009 RFP),with a term 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 Ciry's 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 with 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 curcent contract due to the increase in cost of service;
and
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, 2Q24, FERC members discussed the Residential Solid
Waste Collection Contract and r�commended negotiating a long-tem-� agreement with Waste
Connections, subject to approval of the agreement by the City Commission Rursuant to a waiver,
by 5t7th vote, af the formaf competitive bidding requirement; and
WHEREAS, on February 3, 2025, the Mayor and City Commission adopted Resolution
No. 2025-33461, acc�pting 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 (5j years, from
January 1, 2036 to December 31, 2040; and secand renewal term for a period of
three years from January 15t, 2041 to December 315�, 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% ($10.51}relates to the disposal cost
("Disposal Costs"), which could be subject to change as a passthrough expense if
Miami-Dade Gounty modifies the disposal fees; and (ii) the remaining 75%
($31.52} relates to the collection costs("Collection Costs"), which Collection Costs
are subject ta annual CPI escalations not to exceed 5%, without negative
adjustments;
(3) Equipment. The Services wil! be operated with no less than three (3) trucks, no
more than six (6) years old. New trucks will be p�ovided 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 Facifity services is free to residents and at a
charge of$20 per cubic yard for landscape firms;
• Contribution for Green Waste Facilitv U�grades: 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 15t of each contract year during the
Term of the Agreement, toward the City's recycling program;
• Monthlv Roll-off Containers; Adve�tisinq NeiQhborhood Pride Weekends: During
first weekend of every month during the Term, Waste Connections will place five
(5), twenty(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 AdveRisements: As directed by the Gity 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 between the
customer and 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 the
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"'g 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 CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission
hereby waive, by 5/7"'vote, the formal competitive bidding requirement in Section 2-367(e)of the
City Code, finding such waiver to be in the best interest of the City, and approve and authorize
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 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 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 31, 2035; with two renewal terms upon 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.
PASSED and ADOPTED this�day of TliHt- 2025.
ATTEST:
/
JUN 3 0 2025 Steven Meiner, Mayor �
rP;j,�9.E;q��
afael . Granado, City Clerk s�� `cti'-.;
��� j F � }
REGIS BARBOU IN(O�P ORA1ED; i
?„ :^hr
�'�,4s�c.�-...• �°;.:
, H 26,..-
Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Commissioner Alex J.Femandez
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
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