99-23305 RESO
RESOLUTION NO. 99-23305
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH THE FOUR
EXISTING NON-EXCLUSIVE FRANCHISE WASTE
CONTRACTORS: BROWNING-FERRIS INDUSTRIES;
DAVIS SANITATION, INC.; IMPERIAL SANITATION
SERVICE; AND WASTE MANAGEMENT OF DADE
COUNTY, TO PROVIDE ADDITIONAL SANITATION
SERVICES TO CITY-OWNED FACILITIES, AT NO COST TO
THE CITY, IN CONSIDERATION OF THE CITY'S
AGREEMENT TO LIMIT THE NUMBER OF SOLID WASTE
CONTRACTOR FRANCHISEES TO FOUR (4), FOR THE
DURATION OF SAID AGREEMENT.
WHEREAS, the City currently licenses four non-exclusive franchises for residential and
commercial solid waste collection and disposal in the City; and
WHEREAS, the Sanitation Department currently has an accumulated deficit in its Enterprise
Fund of approximately $800,000, and is currently operating with a deficit; and
WHEREAS, the existing four non-exclusive franchise waste contractors: Browning-Ferris
Industries; Davis Sanitation, Inc.; Westside Sanitation; and Waste Management of Dade County have
expressed an interest in providing additional sanitation services to the City, in exchange for not
increasing the number of solid waste contractor franchisees; and
WHEREAS, the provision of additional services to the City could generate a considerable
cost savings to the City in internal operations and disposal fees and, accordingly, the City and the
four (4) solid waste contractor franchisees have negotiated the attached Service Agreement; and
WHEREAS, the four non-exclusive franchisees will not offset or recoup the cost(s) of the
services to be provided, pursuant to the attached Agreement, through any extraordinary and/or
unreasonable price increase(s) to their "private" customers.
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 herein approves and authorizes the Mayor and City Clerk to execute the attached
Agreement with the four existing non-exclusive franchise waste contractors: Browning-Ferris
Industries, Davis Sanitation, Inc.; Imperial Sanitation Service; and Waste Management of Dade
County, to provide sanitation services to City-owned facilities, at no cost to the City, in consideration
of the City's agreement to limit the number of solid waste contractor franchisees to four (4), for the
duration of said Agreement.
PASSED and ADOPTED this 17th day of September, 1999.
1~
MAYOR
ATTEST:
P<luJ [tdu'l
CITY CLERK
SR/MDS/jph
APPROVED t..,s TO
FORM &. LANGUAGE
& fOR EXECUTION
TIAGENDA I J 999VUL0799\REGULARIW ASTE-RE,WPD
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Cify ;.. Ol',my
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~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. ~5^,"'19
TO:
Mayor Neisen O. Kasdin and
Members of the City Co . sion
DATE: September 14,1999
SUBJECT:
A RESOLU I OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE FOUR EXISTING NON-EXCLUSIVE
FRANCHISE WASTE CONTRACTORS: BROWNING-FERRIS
INDUSTRIES; DAVIS SANITATION, INC.; IMPERIAL SANITATION
SERVICE; AND WASTE MANAGEMENT OF DADE COUNTY, TO
PROVIDE ADDITIONAL SANITATION SERVICES TO CITY-OWNED
FACILITIES, AT NO COST TO THE CITY, IN CONSIDERATION OF THE
CITY'S AGREEMENT TO LIMIT THE NUMBER OF SOLID WASTE
CONTRACTOR FRANCHISEES TO FOUR (4), FOR THE DURATION OF
SAID AGREEMENT.
FROM:
Sergio Rodriguez
City Manager
ADMINISTRATION RECOMMENDATION:
Adopt the Resolutions.
BACKGROUND:
The Sanitation Department has a FY 98/99 budget of $4.7 million dollars and operates as an
Enterprise Food. It has accrued a deficit of over $800,000 through FY 98/99. In an effort to reduce
this deficit, the Sanitation Department has proposed several fee increases which the City
Commission did not fully support. The Sanitation Department was directed to present their
proposals to the Finance and Citywide Projects Committee which met on June 15, 1999. At this
meeting, it was suggested that the City approach the existing four commercial franchisees to discuss
additional services.
The City Administration met with the four haulers on June 25, 1999 to discuss seeking their
assistance in reducing the deficit by providing additional revenue and/or reducing the cost of
sanitation services provided to the City. The haulers expressed a strong interest in providing
assistance ifthe City would agree not to fill the fifth commercial franchise slot which became vacant
as a result of the merger of Waste Management and Eastern Environmental Services. The City is
not mandated to have five commercial haulers.
AGENDA ITEM R 1 tV
DATE~
623
Based on revenues paid to the City, the existing distribution of volume of business is as follows:
Browning-Ferris Industries
Davis Sanitation, Inc.
Imperial Sanitation Service
Waste Management of
Dade County
24.7%
5.9%
1.4%
68.0%
The Administration, along with the haulers, discussed several proposals that will decrease costs to
the City. The proposed additional services that would be provided by the haulers at no cost include:
The provision of waste collection and removal services for ALL City owned properties and
facilities at no cost (21 sites). This service is currently provided by the Sanitation
Department. Estimated cost saving to the City for this service is approximately $136,000
annually (pickup, transportation and tipping).
The provision of three, thirty-yard rolloff containers to be utilized by the City for debris
which the licensees will empty a minimum of three times per week. The City currently pays
the disposal cost. Estimated cost saving of this service is approximately $100,000 annually.
Providing these waste collection and removal services for ALL City-owned properties and facilities
(operated by the City) will save the Sanitation Department an estimated $236,000 annually.
On July 21, 1999, the City Commission approved Resolution No. 99-23273 which authorized the
City Manager to negotiate a Service Agreement with the existing four commercial haulers contingent
upon a bi-annual review to ensure that the cost of this service is not directly passed on to the
consumers. Concern was expressed relating to maintaining a competitive market for commercial
waste collection.
The City has received initial authorization from both the Florida Department of Environmental
Protection and Miami-Dade County Department of Environmental Resource Management for the
installation and use of rolloff containers/dumpsters at the City facilities. This placement is also
consistent with zoning.
ANALYSIS
As a result of the City Commission action, we have met with the haulers and have negotiated the
attached Agreement.
Elements ofthe Agreement include servicing (waste collection and removal) of the following City-
owned locations:
624
Facility Location # Container Frequency Service***
Provider
Sanitation Yard 140 MacArthur Causeway 1 30 yard Roll-Off 3 times per week WM
Public Works Yard 451 Dade Boulevard I 30 yard Roll-Off 3 times per week WM
Parks Division 2100 Meridian A venue I 3D-yard Roll-Off 3 times per week BFI
City Hall 1700 Convention Center Drive Hand Load 5 Days M-F BFI
Police Station 1100 Washington Avenue Hand Load 7 Days WM
Terminal Island Maintenance 140 MacArthur Causeway I 4 Yard 5 Days M-F . BFI
Yard
Public Works 451 Dade Boulevard I 4 Yard 5 Days M-F WM
Parks Division 2100 Meridian A venue I 6 Yard 5 Days M-F BFI
Fire Station # I 1051 Jefferson A venue I 2 Yard 7 Days DSI
Fire Station #2 2300 Pinetree Drive I 2 Yard 7 Days DSI
Fire Station #3 5303 Collins A venue 1 2 Yard 7 Days DSI
Fire Station #4 6860 Indian Creek Drive I 2 Yard 7 Days DSI
Garden Center Conservatory 2000 Convention Center Drive 3 90 Gal. Tote 5 Days M-F BFI
21 st Street Recreation Ctr. 2100 Washington Avenue 1 2 Yard 5 Days M-F ISS
Property Management 1250 Michigan Avenue 1 2 Yard 5 Days M-F BFI
South Shore Comm,Center 833 6th Street 3 90 Gal. Tote 5 Days M-F BFI
Log Cabin 8128 Collins Avenue 1 2 Yard 5 Days M-F WM
Police, North Sub-Station 6840 Indian Creek Drive 1 I Yard 7 Days WM
Parking Garage 7th Street and Collins A venue 4 90 Gal. Tote 7 Days BFI
Parking Garage 17th Street and Pennsylvania Ave. 1 4 Yard 7 Days WM
Flamingo Park-Restroom 1250 Michigan Avenue I 2 Yard 5 Days M-F BFI
Bldg,
Stash Site Collins A venue at 79th Street 1 6 Yard 7 Days WM
North Shore Open Space Park 73rd and Collins Avenue 1 2 Yard 5 Days M-F WM
Youth Center 2700 Sheridan A venue 4 90 Gal. Tote 5 Days M-F BFI
North Shore Tennis Center 73rd Street at Harding A venue 4 90 Gal. Tote 5 Days M-F BFI
Parking Garage 42nd Street 4 90 GaLT ote 7 Days WM 2/00
Bass Museum (**) 2121 Park Avenue 3 90 GaLTo,~e 7 Days BFI 11/99
**New pick up criteria, will commence in November 1999.
Service Providers:
BFl
DSI
ISS
WM
Browning-Ferris Industries
Davis Sanitation, Inc,
Imperial Sanitation Service
Waste Management of Dade County
***Servicer Provider per facility currently being negotiated.
625
. The Department of Sanitation will prepare a bi-annual report to the Commission noting
service and cost complaints utilizing 1998 as a base year (five haulers). The City will also
sample new hauling contracts to determine if rate increases for renewal have exceeded the
c.P.I., increased dwnping fees, and overall hauling costs throughout Miami-Dade County.
. The four haulers have divided the service based on their current proportionate share of the
Miami Beach market.
. The City has the right to cancel this Agreement with 30 days notice.
. The Agreement will go into effect on October 1, 1999 and will run concurrent with the
existing Franchise Agreements.
. The City agrees to limit the nwnber of commercial haulers to four (4) for the duration of the
Agreement.
CONCLUSION
The City Administration recommends that the Mayor and the City Commission adopt the attached
Resolution authorizing the City Manager to execute a Service Agreement with the four non-
exclusive franchise licensees: Browning-Ferris Industries; Davis Sanitation, Inc.; Imperial Sanitation
Services; and Waste Management of Dade County, to provide additional services to the City at no
cost. The value of these services would be approximately $236,000. This proposal provides a
significant cost saving to the City without having to raise fees that would be directly passed on to
the commercial accounts in the form of higher franchise fees.
SR:JtW/j~
Attachment
T:\AGENDA\I999\SEP 1499\REGULAR\SAN-AGRE Wl'D
626
,~\
........, .):"
c9;~~
~\~
SERVICE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
BROWNING-FERRIS INDUSTRIES;
DAVIS SANITATION, INC.;
IMPERIAL SANITATION SERVICE; AND
WASTE MANAGEMENT OF DADE COUNTY
FOR
SOLID WASTE COLLECTION AT CITY OWNED
PROPERTIES AND FACILITIES
629
TABLE OF CONTENTS
1. RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. LIAISON BETWEEN CITY AND CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. COMMENCEMENT OF WORK ...........................................2
4. TERM.. . . . . :". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4.2 ................................................................ 3
5. DEFINITION OF TERMS ................................................ 4
5.1 Authorized Representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.2 City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.3 City Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.4 Construction and Demolition Debris. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.5 Contractor( s) .................................................... .4
5.6 Disposal Costs ................................................... .4
5.7 Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .5
5.8 Garbage Can or Container. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .5
5.9 Industrial Wastes ................................................. .5
5.10 Landfill......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .5
5.11 Loose Refuse .................................................... .5
5.12 Mechanical Container ............................................. .6
5.13 Recyclable Materials .............................................. .6
5.14 Recycling...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.15 Refuse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.16 Refuse Regulations ............................................... .6
5.17 Remodeling and Home Repairs Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.18 Roll-Off Container . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
5.19 Solid Waste ..................................................... .6
5.20 Solid Waste Disposal Facility ....................................... .7
5.21 Special Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.22 Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " .7
5.23 Waste/Solid Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
5.24 White Goods .................................................... .7
5.25 Yard Trash - Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.26 Yard Trash - Bulk ................................................ .8
6. DESCRIPTION OF WORK - SOLID WASTE PROGRAM ...................... 8
6.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6.2 ................................................................ 8
i
630
6.3 Protection of Adjacent Property and Utilities ............................ 9
6.4 Spillage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 9
6.5 Frequency of Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.6 Receptacle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.7 Method of Collection of Garbage .................................... 10
6.8 Schedules and Routes ............................................. 11
6.9 Force Majeure ................................................... 11
6.10 Collection Equipment ............................................. 11
6.11 Refuse Quantities ................................................ 12
6.12 Disposal 'at a Solid Waste Disposal Facility ............................ 12
7. ROLL WASTE CONTAINER PROGRAM ..................................13
7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.2 Frequency of Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . .13
8. CONTRACTORS' PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8.1 Contractors' Officer(s) ............................................. 13
8.2 Conduct of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.3 Employee Uniform Regulations ..................................... 14
8.4 Compliance with State, Federal and Municipal Law. . . . . . . . . . . . . . . . . . . . . . 14
8.5 Fair Labor Standards Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.6 . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . ., .. . . . . . . . . . . . . . . . . . . . . . . . .15
8.7 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .. . .15
8.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
9. CONTRACTORS' OFFICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9.2 Notification to Customers .......................................... 15
10. CITY'S AGREEMENT NOT TO FILL FIFTH FRANCHISE FOR PRIVATE WASTE
COLLECTION ........................................................ 15
11. CONTRACT PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12. COOPERATION/COORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ii
631
13. COMPLAINTS AND COMPLAINT RESOLUTION........................., 18
13.1 Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13.2 Dispute about Collection of Certain Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14. SUBCONTRACTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15. INSURANCE AND INDEMNIFICATION...................... ............19
15.1 Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15.2 InsuranceRequired....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16. DAMAGE TO OR DESTRUCTION OF EQUIPMENT ........................ 21
17. EVENTS OF DEFAULT BY CONTRACTOR ............................... 21
18. REMEDIES UPON DEF AUL T BY CONTRACTOR .......................... 22
19. TERMINATIONFORCONVENIENCEBYTHECITY....................... 23
19.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .23
20. VENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21. LIMITATION OF LIABILITY. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
22. REPRESENTATION AND WARRANTIES OF CONTRACTOR . . . . . . . . . . . . . . . . 24
23. APPLICABLE LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24. COMPLIANCE WITH LAW AND STANDARD PRACTICES . . . . . . . . . . . . . . . . . . 25
25. TAXES, LIENS AND FEES.............................................. 25
26. NOTICES AND CHANGES OF ADDRESSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
27. NO WAIVER.......................................................... 27
28. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
29. ASSIGNMENT......................... . ..............................28
30. COMPLETE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31. FURTHER DOCUMENTS ............................................... 28
32. INDEPENDENT PARTIES. .. . . . .. . . . . . . .. . . .. .. . . . . . . . . . .. . .. .. .. .. . .. . .28
iii
632
33. TIME OF THE ESSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
A TT ACHMENTS
EXHIBIT A DESCRIPTION OF WORK
.,'
lV
633
SERVICE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
BROWNING-FERRIS INDUSTRIES;
DAVIS SANITATION, INC.;
IMPERIAL SANITATION SERVICE; AND
WASTE MANAGEMENT OF DADE COUNTY
FOR
SOLID WASTE COLLECTION AT CITY OWNED
PROPERTIES AND FACILITIES
t'
T ABLE OF CONTENTS
1.
RECITALS
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. LIAISON BETWEEN CITY AND CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. COMMENCEMENT OF WORK ...........................................2
4.
TERM.
4.1
4.2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. DEFINITION OF TERMS ................................................4
5.1 Authorized Representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.2 City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.3 City Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.4 Construction and Demolition Debris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .4
5.5 Contractor(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
5.6 Disposal Costs ................................................... .4
5.7 Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .5
5.8 Garbage Can or Container. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .5
5.9 Industrial Wastes ................................................. .5
5.10 Landfill.......................................................... 5
5.11 Loose Refuse .................................................... .5
5.12 Mechanical Container ............................................. .6
5.13 Recyclable Materials .............................................. .6
5.14 Recycling........................................................ 6
5.15 Refuse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.16 Refuse Regulations ............................................... .6
5.17 Remodeling and Home Repairs Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
5.18 Roll-Off Container . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
5.19 Solid Waste ..................................................... .6
5.20 Solid Waste Disposal Facility ....................................... .7
5.21 Special Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.22 Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.23 Waste/Solid Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.24 White Goods .................................................... .7
5.25 Yard Trash - Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .7
5.26 Yard Trash - Bulk ................................................ .8
6.
DESCRIPTION OF WORK - SOLID WASTE PROGRAM ...................... 8
6.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6.2 ................................................................ 8
'.
i
6.3 Protection of Adjacent Property and Utilities ............................ 9
6.4 Spillage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.5 Frequency of Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.6 Receptacle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.7 Method of Collection of Garbage .................................... 10
6.8 Schedules and Routes ............................................. 11
6.9 Force Majeure ................................................... 11
6.10 Collection Equipment ............................................. 11
6.11 Refuse Quantities ................................................ 12
6.12 Disposal at a Solid Waste Disposal Facility ............................ 12
7. ROLL WASTE CONTAINER PROGRAM ..................................13
7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.2 Frequency of Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
8. CONTRACTORS' PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8.1 Contractors' Officer(s) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8.2 Conduct of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.3 Employee Uniform Regulations ..................................... 14
8.4 Compliance with State, Federal and Municipal Law. . . . . . . . . . . . . . . . . . . . . . 14
8.5 Fair Labor Standards Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
8.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
9. CONTRACTORS' OFFICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9.2 Notification to Customers .......................................... 15
10. CITY'S AGREEMENT NOT TO FILL FIFTH FRANCHISE FOR PRIVATE WASTE
COLLECTION ........................................................ 15
11. CONTRACT PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11.1 ............................................................... 16
11.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12. COOPERATION/COORDINATION....................................... 17
12.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
I,
ii
13. COMPLAINTS AND COMPLAINT RESOLUTION ..........................18
13.1 Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13.2 Dispute about Collection of Certain Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14. SUBCONTRACTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15. INSURANCE AND INDEMNIFICATION.................................. 19
15.1 Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15.2 Insurance Required ............................................... 20
16. DAMAGE TO OR DESTRUCTION OF EQUIPMENT ........................21
17. EVENTS OF DEF AUL T BY CONTRACTOR ............................... 21
18. REMEDIES UPON DEFAULT BY CONTRACTOR .......................... 22
19. TERMINATION FOR CONVENIENCE BY THE CITy....................... 23
19.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20. VENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21. LIMITATION OF LIABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
22. REPRESENT A TION AND WARRANTIES OF CONTRACTOR ....... . . . . . . . . . 24
23. APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
24. COMPLIANCE WITH LAW AND STANDARD PRACTICES . . . . . . . . . . . . . . . . . . 25
25. TAXES, LIENS AND FEES ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26. NOTICES AND CHANGES OF ADDRESSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
27. NO WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29. ASSIGNMENT........................................................ 28
30. COMPLETE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31. FURTHER DOCUMENTS ............................................... 28
32. INDEPENDENT PARTIES............................................... 28
iii
33. TIME OF THE ESSENCE................................................ 29
A TT ACHMENTS
EXHIBIT A DESCRIPTION OF WORK
iv
SERVICE AGREEMENT FOR
THE CITY OF MIAMI BEACH
FOR SOLID WASTE COLLECTION AT CITY OWNED
FACILITIES AND PROPERTIES
This Service Agreement is entered into this
day of
,1999 by and
between Browning-Ferris Industries; Davis Sanitation, Inc.; Imperial Sanitation Service; and Waste
Management of Dade County, jointly and severally (collectively, Contractors), and the City of Miami
Beach, Florida (City), for the purpose of solid waste collection at City facilities and City-owned
properties within the City of Miami Beach City limits (Collection Area), and other such services
from the Collection Area, as required by the City and as more particularly set forth herein.
RECITALS:
WHEREAS, the City of Miami Beach Sanitation Department has a Fiscal Year 1998/99
budget of $4.7 million dollars and operates as an Enterprise Fund, and through FY 1998/99 has
accrued a deficit of over $800,000; and
WHEREAS, in an effort to reduce this deficit, the Sanitation Department proposed several
fee increases which the City Commission did not support and directed the Sanitation Department to
present their proposals to the Finance and Citywide Projects Committee; and
WHEREAS, the Finance and Citywide Projects Committee, at its June 15, 1999 meeting,
suggested that the Administration approach the existing four commercial waste contractor
franchisees to discuss the provision of additional collection services to public facilities owned by the
City; and
1
WHEREAS, on June 25, 1999, the Administration met with the four franchisees to discuss
seeking their assistance in reducing the deficit, during which the haulers expressed a strong interest
in providing assistance, in consideration for the City's agreement to not fill a fifth commercial waste
contractor franchise slot during the period when such services are being provided; and
WHEREAS, the City Commission, on July 21, 1999, adopted Resolution No.
authorizing the City Manager to negotiate a service agreement with the four franchisees: Browning-
Ferris Industries; Davis Sanitation, Inc.; Imperial Sanitation Service; and Waste Management of
Dade County, to provide collection services to the City at City-owned facilities and properties and,
accordingly, the parties have negotiated the following Agreement.
NOW THEREFORE, City and Contractors, in consideration of the mutual covenants herein
contained, agree as follows:
GENERAL INFORMATION
I. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into this
Agreement.
2. LIAISON BETWEEN CITY AND CONTRACTORS
All dealings, contracts, notices and payments between Contractors and the City under this
Agreement shall be directed by Contractors to the City Manager or his designee.
3. COMMENCEMENT OF WORK
The work outlined herein shall commence immediately upon receipt of a Notice to Proceed,
but no later than October I, 1999.
2
4. TERM
4.1 The initial term of the Agreement shall be for a two (2) year period beginning on
, 1999, and terminating on
,2001.
4.2 The City shall have the option, at its sole discretion, to renew the Agreement subject
to the terms and conditions set forth herein, including the same costs to the City as
set forth herein, for one additional two (2) year term, said renewal term commencing
, 2001, and ending on
, 2003, by giving
on
Contractors written notice of such renewal at least sixty (60) days prior to the end of
the initial term, as same is set forth in subsection 4.1 above.
4.3 Notwithstanding subsections 4.1 and 4.2 above, this Agreement shall be subject to
periodic review by the Mayor and City Commission, with the first review period on
or about six (6) months from the commencement date of this Agreement, as set forth
in subsection 4.1, and thereupon on or about a date every six (6) months thereafter;
to continue throughout the initial term of this Agreement, and any renewal terms.
The City Commission's review shall be discretionary, and shall assure that the terms
and conditions of the Agreement are being complied with and, particularly, that
Contractors' performance pursuant to the Agreement, shall not adversely impact
Contractors' performance, fees, rate structures, costs (i.e. increases) in such a manner
as to negatively impact its duties with "private" customers in the City, as set forth in
Contractors' respective non-exclusive franchises for solid waste collection and
disposal services. In the event that the City Commission, in its sole discretion,
3
determines that there has been such an adverse impact, it reserves the right to
terminate this Agreement for convenience, pursuant to Section 19 of the Agreement.
5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee or employees designated in writing by the
City Manager to represent the City in the administration and supervision of this
Agreement.
5.2 City: The City of Miami Beach, Florida, and its authorized representatives.
5.3 City Manager: The City Manager of the City of Miami Beach, Florida, or a designee
appointed by the City Manager.
5.4 Construction and Demolition Debris: Materials generally considered to be not water
soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick,
concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a construction or demolition
project, and including rocks, soils, tree remains, and other vegetative matter which
normally results from land clearing or land development operations for a construction
project.
5.5 Contractor(s): The person(s), firm(s), corporation(s), holding company(ies),
organization(s), agency(ies), or other entity(ies) with whom the City has executed this
Agreement for performance of the work or their duly authorized representative(s).
All successors to Contractors are included in this definition.
5.6 Disposal Costs: The "tipping fees" charged to Contractors for disposal of the garbage
and trash collected by Contractors.
4
5.7 Garbage: Every refuse accumulation generated of animal, fruit, vegetable, or organic
matter that attends the preparation, use, cooking and dealing in, or storage of, meats,
fish, fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious
or offensive gases or odors, or which, during or after decay, may serve as breeding
or feeding material for flies or other germ carrying insects.
5.8 Garbage Can or Container: A container made of galvanized metal, durable plastic or
other suitable material of a capacity not less than ten (10) gallons and not to exceed
thirty (30) gallons approved for use by the City Manager or his designee. Such
container shall have two handles upon the sides thereof, or a bail by which it may be
lifted, and shall have a tight fitting solid top.
5.9 Industrial Wastes: Any and all debris and waste products generated by
manufacturing, food processing (except restaurants), land clearing, any commercial
shrubbery or tree cuttings, building construction or alteration (except do-it-yourself
projects) and public works type construction projects whether performed by a
government unit or by contract.
5.10 Landfill: Any solid waste land disposal area for which a permit, other than a general
permit, is required by sA03.707, Florida Statutes, that receives solid waste for
disposal in or upon land other than a land-spreading site, injection well, or a surface
impoundment.
5.11 Loose Refuse: Any refuse, either garbage or trash, stored in and collected from any
type of container other than a mechanical container or garbage can as described in
subsection 5.8. Refuse which is collected from the ground is considered loose refuse.
5
5.12 Mechanical Container: Any detachable metal container designed or intended to be
mechanically dumped into a loader/packer type of garbage truck used by the
Contractors.
5.13 Recyclable Materials: Those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
5.14 Recycling: Any process by which solid waste or materials which otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the
form of raw materials or products.
5.15 Refuse: Both rubbish and garbage or a combination or mixture of rubbish and
garbage, including paper, glass, metal, and other discarded matter, excluding
recyclable materials.
5.16 Refuse Regulations: Regulations prescribed by the City together with such
administrative rules, regulations, and procedures as may be established for the
purpose of carrying out or making effective the provisions of the Agreement.
5.17 Remodeling and Home Repairs Trash: Materials accumulated during the course of
a self-performed improvement project, prepared in lengths not exceed five (5) feet
or forty (40) pounds in weight.
5.18 Roll-Off Container: A container with a minimum capacity of ten cubic yards
designed to be transported by a motorized vehicle.
5.19 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse and
other discarded material.
6
5.20 Solid Waste Disposal Facility: Any solid waste management facility which is the
final resting place for solid waste, including landfills and incineration facilities that
produce ash from the process of incinerating municipal solid waste.
5.21 Special Waste: Solid wastes that can require special handling and management,
including, but not limited to, asbestos, whole tires, used tires, used oil, lead-acid
batteries, biological wastes, infectious waste, hazardous waste, loose refuse,
industrial wastes, and construction and demolition debris.
5.22 Specifications: Directions, provisions and requirements together with any written
contract made or to be made setting out or relating to the methods and manner for the
work to be carried out.
5.23 Waste/Solid Waste: Includes bulky waste, commercial refuse, garden trash, trash,
hazardous waste, industrial waste, residential refuse, and white goods, as these words
are defined in Chapter 90 of the Miami Beach City Code, as well as other discarded
material, including solid, liquid, semi-solid, or contained gaseous material results
from domestic, industrial, or commercial operations.
5.24 White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers,
small air conditioning units, and other similar domestic.
5.25 Yard Trash - Regular: Vegetative matter resulting from yard and landscaping
maintenance, including materials such as tree and shrub trimmings, grass clippings,
palm fonds, or small tree branches not in excess of four (4) feet in length and four (4)
inches in diameter. Such trash shall be bundled or placed in containers which are
7
susceptible to normal loading and collection as other residential solid waste. No
bundle or filled container shall exceed fifty (50) pounds in weight.
5.26 Yard Trash - Bulk: Large cuttings of vegetative and wood matter which are part of
normal yard maintenance which cannot be cut for placement in a container, bag, or
bundle due to the material exceeding the weight and size restrictions for regular yard
trash. Bulk yard trash shall be of a type as to be readily handled by the mechanical
equipment of Contractors and bulk yard material shall not exceed six (6) feet in
length. Bulk yard trash does not include any form or matter or debris resulting from
tree removal, land clearing, land development, building demolition or home
improvement. Home improvements as defined herein would include but not be
limited to carpeting, cabinets, dry wall, lumber, paneling, and other such construction
related materials. Carpeting will be picked up by Contractors if cut to lengths of six
(6) feet or less and bundled. Bulk yard trash does not include automobiles and
automotive components, boats and internal combustion engines.
6. DESCRIPTION OF WORK - SOLID WASTE PROGRAM.
6.1 Contractors shall provide solid waste collection services to City facilities and City-
owned properties within the City limits of Miami Beach, and as specifically set forth
in Exhibit A, attached and incorporated herein.
6.2 Contractors shall provide, at their own expense, all labor, insurance, supervision,
machinery and equipment, plant building, trucks and any other tools, equipment,
accessories and items necessary to maintain the standard of collections and disposal
set forth herein (including roll-off containers).
8
6.3 Protection of Adjacent Property and Utilities: Contractors shall conduct all work
contemplated in this Agreement (including servicing of roll-off containers) in such
a manner as to avoid damage to adjacent private or public property and shall
immediately repair or pay for any damage incurred through their operations.
Contractors shall take cognizance of all existing utilities and they shall operate with
due care in the vicinity of such utilities and shall immediately repair or have repaired
at no cost to the City any breakage or damage caused by their operations.
6.4 Spilla~e: Contractors shall not litter or cause any spillage to occur upon the premises
or the rights-of-way wherein the collection shall occur (including the servicing of
roll-off containers). In the event of any spillage caused by Contractors, clean up of
spillage shall occur within four (4) hours of notice to Contractors from City and if the
spillage is not picked up within four (4) hours, the City may, at its sole discretion,
pick up the spillage and bill the Contractors for the pick-up, which the Contractors
shall promptly pay. Notwithstanding the foregoing, Contractors may refuse to collect
any solid waste that has not been placed in a garbage can or container, or tied and
bundled, as provided herein. During hauling, all solid waste shall be contained, tied,
or enclosed so that leaking, spilling and blowing is prevented.
6.5 Frequency of Collection: Contractors shall collect solid waste within the Agreement
Collection Area, as provided in the attached Exhibit A.
6.6 Receptacle: Contractors shall be required to pick up all garbage and rubbish, as
contemplated herein, which has been properly prepared and stored for collection as
follows: all garbage, trash and rubbish shall be placed in a garbage can or in such
9
other plastic disposal bag and shall be placed at curbside on or at such other single
collection point as may be agreed upon by Contractors and the City. Non-
containerized trash shall be collected provided that it does not exceed four (4) feet
in length nor be greater than fifty (50) pounds in weight for any piece or segment of
such materials.
6.7 Method of Collection of Garbage: As to all collections contemplated by this
Agreement (including the servicing ofroll-off containers), Contractors shall make
collections with a minimum of noise and disturbance to the City facilities and/or
properties being serviced and the neighborhood. Any garbage or trash spilled by
Contractors shall be picked up immediately by Contractors. Garbage receptacles
shall be handled carefully by Contractors, shall not be bent or otherwise abused, and
shall be thoroughly emptied and then left at the proper point of collection. Metal
cans shall be replaced upright with covers securely and properly in place, or can be
inverted with covers placed topside up on the ground next to the container. Plastic
cans shall be inverted with covers placed topside up on the ground next to the
container. Any type receptacle found in a rack, cart or enclosure of any kind shall be
turned upright in such rack, cart or enclosure of any kind and lids shall be placed
securely on top of said receptacles. In the event of damage caused by Contractors to
garbage receptacles, other than normal wear and tear, Contractors shall be
responsible for the timely repair or replacement of said receptacles within seven (7)
days of receiving a complaint from the City.
10
6.8 Schedules and Routes: Contractors shall provide the City with schedules for all
collection routes (including for servicing of roll-off containers) and keep such
information current at all times. If any change in the collection routes occurs, then
the City shall be immediately notified in writing. All permanent changes in routes
or schedules that alter the day of pickup are subject to approval of the City Manager
or his designee. The City reserves the right to deny Contractors' vehicles access to
certain streets, alleys and public ways inside the City in route to the disposal site
where it is in the interest of the City to do so because of the condition of the streets
or bridges. The City shall not interrupt the regular schedule or quality of service
because of street closure less than eight (8) hours in duration. The City shall notify
Contractors of street closures of longer duration, and arrangements for service will
be made in a manner satisfactory to Contractors and the City.
6.9 Force Maieure: The performance of any act by the City or Contractors 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 such
party; provided, however, that if the hindrance of prevention of performance exceeds
a period of thirty (30) days, the City may at its sole option and discretion, cancel or
renegotiate this Agreement.
6.10 Collection Equipment: Contractors shall have on hand at all times sufficient
equipment in good working order to permit Contractors to perform their duties
hereunder fully, adequately, and efficiently (including servicing of roll-off
11
containers). Garbage collection equipment shall be kept clean, sanitary, net in
appearance and in good repair at all times. Contractors shall at all times have
available to them, reserve equipment which can be put into service and operation
within two (2) hours of any breakdown. Such reserve equipment shall substantially
correspond, in size and capability, to the equipment normally used by Contractors to
perform their duties hereunder.
6.11 Refuse Quantities: Contractors represent and warrant that they have reviewed the
City's collection records and understand that at certain times during the year, the
quantity of refuse to be disposed of (including roll-off containers) is materially
increased by the influx of visitors. Contractors agree that seasonal fluctuation will
not be justification for Contractors to fail to maintain the required collection
schedules and routes or to justify a rate increase.
6.12 Disposal at a Solid Waste Disposal Facility: Contractors hereby represent and
warrant to the City that all solid waste collected by them under this Agreement
(including roll-off containers) will be disposed of only at a duly licensed and
permitted solid waste disposal facility as defined herein. The City reserves the right
to approve or disapprove said facility. In the event Contractors relocate solid waste
collected hereunder from an existing solid waste disposal facility to another, other
than a temporary basis, they will notify City in writing within ten (10) days, and
Contractors shall also, within said ten (10) day period, provide City with the licenses
and permits for said new facility.
12
7. ROLL WASTE CONTAINER PROGRAM.
7.1 Contractors shall place and service roll-off containers, as specifically set forth in the
attached Exhibit A. Prior to placing any roll-off container, as set forth in Exhibit A,
Contractors shall obtain the required licensees) and permit(s) from the City Manager,
as required pursuant to Sections 90-276 and 90-277 of the Miami Beach City Code.
The Contractor will provide three (3) thirty foot roll-off containers.
7.2 Frequency of Collection: Contractors shall service all roll-off containers as provided
in the attached Exhibit A.
7.3 With respect to the servicing of roll-off containers, City and Contractors herein agree
that the following subsections of the Agreement, pertaining to the Solid Waste
Program set forth in Section 6, shall also apply to this Section 7 and are accordingly
incorporated by reference, as if fully set forth herein: subsections 6.2; 6.3; 6.4; 6.5;
6.6; 6.7; 6.8; 6.9; 6.10; 6.11; and 6.12.
8. CONTRACTORS' PERSONNEL.
8.1 Contractors' Officer(s): Contractors shall assign a qualified person or persons to be
in charge of the operations within the Collection Area(s). Contractors shall give the
names of these persons to the City. Information regarding the person's experience
and qualifications shall also be furnished. Supervisory personnel must be available
for consultation with the City Manager or his designee within a reasonable,
practicable time after notification of a request for such consultation. The
supervisor(s) shall operate a vehicle which is radio equipped.
13
8.2 Conduct of Employees: Contractors shall see to it that their employees serve the
public in a courteous, helpful and impartial manner. No trespassing by employees
will be permitted, nor crossing property of neighboring premises unless residents or
owners of both such properties shall have given permission in writing. Care shall be
taken to prevent damage to property including cans, carts, racks, trees, shrubs,
flowers and other plants.
8.3 Employee Uniform Regulations: Contractors' solid waste collection employees shall
wear a uniform or shirt bearing the company's name. Contractors shall furnish to
each employee an identifying badge, not less than two and one-half (2 Yz") inches in
diameter, with numbers and letters at least one (1 ") inch high, uniform in type.
Employees shall be required to wear such badges while on duty. Lettering stitched
on or identifying patches permanently attached to uniform shirts and jackets will be
acceptable. Contractors shall keep a record of employees' names, numbers and route
assignments in a manner to allow identification of employees at all times.
Contractors shall provide their then current employee list(s) to City within twenty-
four (24) hours of written notice from the City.
8.4 Compliance with State. Federal and Municipal Law: Contractors shall comply with
all applicable City (particularly Chapter 90 of the Miami Beach City Code, as
amended from time to time), State and Federal laws relating to wages, hours, and all
other applicable laws, rules and regulations.
8.5 Fair Labor Standards Act: Contractors are required and hereby agrees by execution
of this Agreement, to pay all employees not less than the Federal minimum wage and
14
to abide by other requirements as established by the Congress of the United States in
the Fair Labor Standard Act, as amended from time to time.
8.6 Each vehicle operator shall, at all times, carry a valid driver's license for the type of
vehicle that is being driven.
8.7 Contractors shall provide operating and safety training for all personnel.
8.8 No person shall be denied employment by Contractors for reasons of race, sex,
national origin, creed, age, physical handicap, sexual orientation or religion.
9. CONTRACTORS' OFFICE.
9.1 Contractors shall provide, at their expense, a suitable office located within or in close
proximity to Miami-Dade County, open between 8:00 AM. and 5:00 P.M., Monday
through Friday, with a telephone number where complaints shall be received,
recorded and handled during normal working hours of each week and shall provide
for prompt handling of emergency complaints and all other special calls in
accordance with Section 13. The office shall include recording equipment for receipt
and logging of off-hours calls.
9.2 Notification to Customers: Contractors shall notify the City, in writing, about
complaint procedures, rates, regulations.
10. CITY'S AGREEMENT NOT TO FILL FIFTH FRANCHISE FOR PRIVATE WASTE
COLLECTION.
Pursuant to Section 90-229 of the Miami Beach City Code, the City shall license not more
than five franchise waste contractors for residential and commercial waste collection and
15
disposal. As of the date of execution of this Agreement, the City represents that it licenses
four such franchise waste contractors.
In consideration of the services to be provided by Contractors pursuant to this Agreement,
and having determined that this Agreement is in the best interest of the City, the City herein
agrees that, during the term of this Agreement (including renewal terms), and provided that
Contractors are each, jointly and severally, in good standing herein and not in default under
the Agreement, the City agrees not to license a fifth franchise waste contractor for residential
and commercial waste collection and disposal.
As further consideration, Contractors herein agree that, during the term of this Agreement
(including renewal terms), they will not offset or recoup the cost(s) of the services to be
provided herein through any extraordinary and/or unreasonable price increase(s) to their
"private" customers. In the event that the City determines, in its sole discretion, that there
has been an extraordinary or unreasonable price increase, it may, in its sole discretion,
terminate this Agreement, in part or in its entirety, for convenience, pursuant to Section 19.
Notwithstanding the aforestated sentence(s), the term "extraordinary and/or unreasonable
price increase(s)" shall not be deemed to include increases to allow for, Consumer Price
Index changes; cost of living adjustments; and adjustments for inflation.
11. CONTRACT PERFORMANCE.
11.1 Contractors' performance pursuant to this Agreement shall be supervised by the City
Manager or his designee. If at any time during the term of the Agreement,
performance is considered unsatisfactory by the City Manager or his designee,
Contractors shall immediately take all steps necessary and procedures to properly
16
perform under the Agreement, including but not limited to increasing the workforce,
tools and equipment as needed to properly perform under this Agreement. The
failure of the City Manager or his designee to give such notification shall not relieve
Contractors of their obligation to perform the work at the time and in the manner
specified by the Agreement.
11.2 Contractors shall furnish the City Manager or his designee any information relating
to the Agreement to ascertain whether or not the work, as performed, is in accordance
with the requirements of the Agreement.
11.3 The City Manager may appoint qualified persons to inspect Contractors' operation
and equipment at any reasonable time, and Contractors shall admit authorized
representatives of the City to make such inspections at any reasonable time and place.
11.4 The failure of the City at any time to require performance by Contractors of any
provision herein shall in no way affect the right of the City thereafter to enforce
same, nor shall waiver by the City of any breach of provisions herein taken or held
to be a waiver of any breach of such provision or as a waiver of any provision itself.
12. COOPERATION/COORDINATION.
12.1 The City and its authorized representatives shall at all reasonable times be permitted
free access and every reasonable facility for the inspection of all work, equipment
and facilities of Contractors.
12.2 Contractors shall cooperate with authorized representatives of the City in every way
in order to facilitate the quality and progress of the work contemplated under this
Agreement. Contractors shall have at all times a competent and reliable English
speaking representative on duty authorized to receive orders and to act for
Contractors in the case of its absence.
17
13. COMPLAINTS AND COMPLAINT RESOLUTION.
13.1 Complaints: Contractors shall prepare, in accordance with a format approved by the
City, and maintain a register of all complaints and indicate the disposition of each
complaint. Complaints shall be identified and such record shall be available for City
inspection at all times during business hours. The form shall indicate the date and
time on which the complaint was received and the date and time on which it was
resolved. All complaints shall be addressed within a 24 hour period, except when a
complaint is received after 12:00 noon on the day preceding a holiday, or on a
Saturday or Sunday, in which case the complaint shall be resolved not later than the
next working day. Legitimacy of challenged complaints shall be determined on the
basis of a joint inspection by the City Manager and a representative of Contractors.
Disputes shall be referred to the City Manager or his designee, whose decision shall
be final.
13.2 Dispute about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractors with regard to the collection of certain items due
to disputes over the specific language of the Agreement. The City Manager may
from time to time notify Contractors by telephone and/or facsimile to remove all such
refuse. Should Contractors fail to remove the refuse within twenty-four (24) hours
from time of notification, the City may do so, and all costs incurred by the City shall
be reimbursed by Contractors. If it is determined that the disputed refuse did not
conform to the specifications of this Agreement, the Contractors shall be entitled to
reimbursement.
18
14. SUBCONTRACTORS.
Subcontractors will not be permitted under the terms of this Agreement without the prior
written consent of the City.
15. INSURANCE AND INDEMNIFICATION.
15.1 Indemnification: Contractors each agree to indemnify, hold harmless and defend the
City, its officers, agents and employees, against and assume all liability for any and
all claims, suits, actions, damages, liabilities, expenditures or causes of actions of any
kind arising from their respective waste collection and/or disposal activities and/or
the use of the public streets for the purposes authorized in this Agreement and
resulting or accruing from any negligence, act, omission or error of the particular
Contractor, its agents or employees and/or arising from the failure of the Contractor,
its agents or employees, to comply with each and every covenant of this Agreement
or with any other City or County ordinance or State or Federal law applicable to its
activities resulting in or relating to bodily injury, loss of life or limb or damage to
property sustained by any person. The Contractor shall save the City, its officers,
agents, and employees, harmless from and against all judgments, orders, decrees,
attorney's fees, costs, expenses and liabilities incurred in and about any such claim,
investigations or defense thereof, which may be entered, incurred or assessed as a
result of the foregoing. The Contractor shall defend, at its sole cost and expense, any
legal action, claim or proceeding instituted by any person, against the City, its
officers, agents and employees, as a result of any claim, suit or cause of action
19
accruing from its respective activities authorized by this Agreement, for injuries to
body, limb or property.
15.2 Insurance Required:
(a) Each Contractor must maintain throughout the term of this Agreement, the
following insurance coverages:
(1) Commercial general liability in the amount of
$1,000,000.00 per occurrence for bodily injury and
property damage. This policy must include coverage
for contractual liability. The City must be named as
an additional insured on this policy.
(2) Automobile liability in the amount of $1 ,000,000.00
per occurrence for bodily injury and property damage,
covering all vehicles owned, leased or used by the
Contractor within the limits of the City. The City
must be named as an additional insured on this policy.
(3) Workers' compensation and employer's liability, as
required by state law.
(b) All companies providing insurance shall be authorized to do business in the
state and rated B+:VI or better by Best's Key Rating Guide, latest edition.
(c) No change or cancellation of this insurance shall be made without thirty (30)
days' written notice to the City's Risk Manager.
(d) It is understood and agreed that all policies of insurance provided by the
Contractor are primary coverage to any insurance or self-insurance the City
possesses that may apply to a loss resulting from the work performed by
Contractor pursuant to this Agreement.
(e) All policies issued to cover the insurance requirements in this subsection
shall provide full coverage from the first dollar of exposure. No deductibles
20
will be allowed in any policies issued pursuant to this section unless specific
safeguards have been established to assure an adequate fund for payment of
deductibles by the insured and approved by the City's Risk Manager.
(f) As evidence of the above coverage, Contractor must provide original
certificates of insurance to the City's Risk Manager, and these must be
approved by the Risk Manager prior to commencement of services herein.
Contractor must submit a new certificate evidencing continuing or
replacement coverage prior to the expiration date of the insurance policies
and must submit annually certified copies of the liability herein.
(g) Any deviation from these requirements must be approved by the City's Risk
Manager. The City reserves the right to increase the kinds and amounts of
insurance coverage required if the City, in its sole discretion, deems such
increase necessary to protect the City.
16. DAMAGE TO OR DESTRUCTION OF EQUIPMENT.
If any item of equipment is damaged, destroyed, or stolen by an event which is covered by
insurance, Contractors will utilize the insurance proceeds to repair or replace said equipment.
If the insurance proceeds are insufficient or the equipment has been damaged or destroyed
by an uninsured casualty, Contractors shall invest the additional funds needed to repair or
replace the equipment.
17. EVENTS OF DEFAULT BY CONTRACTORS
Each of the following events or conditions shall constitute an event of default by Contractors:
21
a) Any material failure by Contractors to perform or comply with the terms and
conditions of this Agreement, and said failure continues for thirty (30) days
after Notice to Contractors demanding that such failure be cured.
b) Filing by or against Contractors of a bankruptcy, receivership, assignment for
the benefit of creditors, liquidation, dissolution, composition or
reorganization petition, or other insolvency proceeding.
c) If the services under the Agreement shall be vacated or abandoned by
Contractors during the term of this Agreement for a period of seven (7) days
or more.
d) Any representation or warranty furnished by Contractors in this Agreement
is found to be false or misleading in any material respect when made.
18. REMEDIES UPON DEFAULT BY CONTRACTORS
In the event of default by Contractors, the City may, without election of remedies:
a) Without recourse to legal process, immediately terminate the Agreement by
delivery of a Notice declaring termination (which shall become effective
upon receipt by Contractors), whereupon Contractors shall, at its sole cost,
remove the equipment.
b) Exercise all remedies available at law or at equity or other appropriate
proceedings including bringing an action or actions from time to time for
recovery of amounts due and owing to the City, and/or for damages which
shall include all costs and expenses reasonably incurred in exercise of its
remedy, and/or for specific performance.
22
19. TERMINATION FOR CONVENIENCE BY THE CITY
19.1 THE CITY COMMISSION OF THE CITY, IN ADDITION TO THE RIGHTS AND
OPTIONS TO TERMINATE SET FORTH IN SECTION 17 OR IN ANY OTHER
PROVISIONS SET FORTH IN THIS AGREEMENT, RETAINS THE RIGHT TO
TERMINATE THIS AGREEMENT, IN WHOLE OR IN PART, AT ITS SOLE
OPTION AT ANY TIME DURING THE INITIAL TERM HEREIN, OR ANY
RENEWAL TERM, FOR CONVENIENCE, WITHOUT CAUSE AND WITHOUT
PENALTY.
19.2 Said termination for convenience shall become effective thirty (30) days following
receipt by Contractors of a written termination notice. Contractors herein agree that,
upon termination for convenience there shall be no further liability to the City, nor
shall the City have any further responsibilities or obligations hereunder.
20. VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is
necessary by any party with respect to the enforcement of any and all the terms or conditions
herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County,
Florida.
21. LIMITATION 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 money 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 $1 0,000.00 dollars. Contractors hereby expresses their willingness to enter
23
into this Agreement with recovery from the City for any damage action for breach of contract
to not exceed a maximum of $10,000.00 dollars. Accordingly, and notwithstanding any
other term or condition of this Agreement, Contractors hereby agree that the City shall not
be liable to Contractors for damages in an amount in excess of $1 0,000.00 dollars pursuant
to this Agreement, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon City's liability as set forth in
Florida Statutes, Section 768.28.
22. REPRESENTATION AND WARRANTIES OF CONTRACTORS
Each Contractor, warrants and represents to the City that:
a) It has all requisite power, authority, licenses, permits, and franchises,
corporate or otherwise, to execute and deliver this Agreement and perform
its obligations hereunder.
b) Its execution, delivery, and performance of this Agreement have 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 it 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.
24
d) It has not received any notice, nor to the best of its knowledge is there
pending or threatening 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.
e) It has, or will have under its control at the date of commencement of services
under this Agreement, all equipment, machinery, manpower and solid waste
disposal facility necessary to perform under the Agreement.
23. APPLICABLE LAW.
This Agreement and the construction and enforceability thereof shall be interpreted under the
laws of the State of Florida.
24. COMPLIANCE WITH LAW AND STANDARD PRACTICES.
Contractors shall perform their obligations hereunder in compliance with any and all
applicable Federal, State, and Local laws, rules, and regulations, in accordance with sound
engineering and safety practices, and in compliance with any and all rules of the City relative
to the services. Contractors shall be responsible for obtaining all governmental permits,
consents, and authorizations as may be required to perform their obligations hereunder prior
to beginning of providing service.
25. TAXES. LIENS AND FEES.
At all times during the existence of this Agreement, Contractors 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 their operations, including but not limited to commercial personal property
taxes, sales taxes, and intangible taxes, and Contractors shall pay on or before the due date
25
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 Contractors' equipment or the operation of
maintenance thereof is filed upon the City, Contractors shall have thirty (30) days from the
date of written notice by City to have such lien or encumbrance bonded off or discharged.
26. NOTICES AND CHANGES OF ADDRESSES.
All "Notices" to be given by 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
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MATTHEW SCHWARTZ,
ASSISTANT CITY MANAGER
WITH A COPY TO:
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MURRAY H. DUBBIN, CITY ATTORNEY
To Contractors:
BROWNING-FERRIS INDUSTRIES
3840 N.W. 37th Court
Miami, FL 33142
ATTENTION: James A Sage, General Manager
26
DAVIS SANITATION, INC.
850 Ives Dairy Road, Suite T9B
Miami, FL 33179
ATTENTION: Raymond Davis, President
IMPERIAL SANITATION SERVICE
8160 N.W. 93rd Street
Medley, FL 33166
ATTENTION: John Lawson, General Manager
WASTE MANAGEMENT OF DADE COUNTY
2125 N.W. 10th Court
Miami, FL 33127
ATTENTION: Mame Davis, Site Manager
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.
27. NO WAIVER.
The failure of Contractors or the City to insist upon the strict performance of the terms and
conditions hereof shall not constitute or be construed as a waiver or relinquishment of either
party's rights to thereafter enforce the same in accordance with this Agreement in the event
of a continuing or subsequent default on the part of Contractors or the City.
28. SEVERABILITY.
In the event that any clause or provision of this Agreement or any part thereof shall be
declared invalid, void or unenforceable by any court having jurisdiction, such invalidity shall
not affect the validity or enforceability of the remaining portions of this Agreement.
27
29. ASSIGNMENT.
The selection of Contractors as the service provider under this Agreement is based upon its
experience, capability financial ability to perform the work. Contractors shall not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the
prior written consent of the City.
30. COMPLETE AGREEMENT.
This Agreement, when executed, together with all Exhibits attached hereto as provided for
by this Agreement, shall constitute the entire Agreement between both parties and this
Agreement may not be amended, modified or terminated except by writing signed by the
parties hereto.
31. FURTHER DOCUMENTS.
The parties shall execute and deliver all documents and perform all further acts that may be
reasonably necessary to effectuate the provisions of this Agreement.
32. INDEPENDENT PARTIES.
Nothing contained in this Agreement shall be deemed or construed for any purpose to
establish, between City and Contractors, a partnership or venture, a principal agent
relationship, or any relationship other than property owner and independent Contractors.
28
33. TIME OF THE ESSENCE.
Time is of the essence with respect to each and every term and condition of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto subscribe
their names to this instrument on the date first above written.
Signed, Sealed and Delivered in the presence of:
WITNESS:
...."~
-.....
~a re
l J d<./U- ;j~7T-au~
Print Name '
General Manager
Signature
Print Name
WITNESS:
DAVIS SANITATION. INC.
w,~~anager
~~~~
() L1 j/J t( W / ff
Print Name
OFFICIAL NarARYSEi.: ,\)
DEBRA MOLINA ~'0
NarARYPUBLICSfATEcn FI, //
COMMISSION NO C(I,;,:,
MY ISSIO~Ji:2....:';:.
OFFICIAL Nar ARY SEAL
DEBRA MOUNA
NarARY PUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC636353
MY COMMISSION EXP. APR. 71001
~/f~c.
29
WITNESS:
:101
/"
t
Print Name
_.~
(
_' "~A-Jx~/ ~y PI./. NELlOA SUAREZ
( . j /) ffl:~<t, COMMISSION:I CC 586166
(" (/'"" EXPIRES SEP 17,2000
. ~(,./. a rt 7. ~. ~ BONDEOTHRU
/ ;.; ~ ~'OF ...5>' ATtAlnlC BONDING CO., INC.
/() I; ? / / .
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( //)
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ignature
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Print Name
WITNESS:
WASTE MANAGEMENT OF DADE COUNTY -
NORTH
Signature
, General Manager
Print Name
Signature
Print Name
ATTEST: AMI BEACH
UvlO' (L \. dvv-
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
(O!~1/9?
Dote
30
WITNESS:
IMPERIAL SANITATION SERVICE
Signature
, General Manager
Print Name
Signature
Print Name
WITNESS:
WASTE MANAGEMENT OF DADE COUNTY -
NOMH
Si ature /) "'/) /
~etl1- CD/2tJ/~
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ATTEST:
I BEACH
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City Clerk
APPROVED pS TO
FORM & LANGUAGE
& fOR EXECUTiON
~~/I~f
30
STATE OF FLORIDA
COUNTY OF D~tt'r
)
)
SS:
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, personally appeared ..T 19m e.5 /lelf./f/ \.)'~
of BROWNING-FERRIS INDUSTRIES, and that shelhe acknowledged executing th foregomg
document, freely and voluntarily. Said person is personally know to me, or L has produced
(specify type of identification, i.e., driver's license and number, state of issue, etc.)
and who _ did, or *did not, ta e an oath.
WITNESS my hand and official seal in the County and State last aforesaid thisJ~ day
of OC:rtJ~R , 1999. .
~ . .
. '-}Il:Jl~(' My CO\lllf"l.,~.\'.111 II LC 82060~
"::,..~",i Expires: 05/18/2003
<on~ .'
, <<lO-3-NOTARY Fla. Notary SeMce & Bondin; Co
~(L~
Print of Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
..-""'.-;;; ,.;.......
--
STATE OF FLORIDA
)
)
~."."~ LISA C. DIXON
~~ My Commission # CC 820608
~ ''l-''',l Expires: 05/18/2003 ~
~ OFl~ c...... Co
r ' -llO(}3-NOT AllY Fla. Notary Service & "'" ~ng .
SS:
COUNTY OF DADE)
I HEREBY CERTIFY, that on this day, before me, an offic in the State and
County aforesaid to take acknowledgements, personally appeared a~
of DAVIS SANIT ~ TION.' INe., an? th~ shelhe acknowledged exec ting the foregoing do~ument,
freely and voluntanly. Said person IS ~ personally know to me, or _ has produced (specIfy type
ofjentification, i.e., driver's license and number, state of issue, etc.) and who
_ did, or _ did not, take an oath.
.fn);;!;iE~~,:,y hand and official seal in the County and State last aforesaid this g T7I day
~1Il}~U, 1999.
of
Print of Stamp Name: ~n't ~ A vy
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
OFFICIAL NarARYSEAL
DEBRA MOUN A
NarARY PUBUC STATE OF FLORIDA
COMMISSION NO. Cc636353
MY COMMISSION EXP. APR. 7 2001
31
STATE OF FLORIDA
)
)
SS:
COUNTY OF DADE)
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, personally appeared -::SOH'tV ~ f\c'I.JCZ:ovJ
of IMPERIAL SANITATION SERVICE, and that s~/he acknowledged executing the foregoing
document, freely and voluntarily. Said person is ~personally know to me, or _ has produced
(specify type of identification, i.e., driver's license and number, state of issue, etc.)
and who _ did, or _ did not, take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this ~ day
of C'r tc be{" ,1999.
STATE OF FLORIDA
I '.' <:,--,
Print of Stamp Name: IV p) ICJO-.._-)c\.Ct rt' /-
Notary Public, State of Florida at Large
Commission No.: C <'- 'SIr(; J ~ v
My Commission Expires: ~y PI./. NElIOA SUAREZ
Q-/7-2.C'( CiA\' COMMISSION # CC 586166
~ )f; EXPIRES SEP 17,2000
~ BONDED THRU
) OF r.,.1>' ATI ANTIC BONDING CO.. INC.
) SS:
COUNTY OF DADE)
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, personally appeared
of WASTE MANAGEMENT OF DADE COUNTY - NORTH, and that shelhe acknowledged
executing the foregoing document, freely and voluntarily. Said person is _ personally know to me,
or _ has produced (specify type of identification, i.e., driver's license and number, state of issue,
etc.) and who did. or did not, take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,1999.
Print of Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
32
STATE OF FLORIDA
)
)
SS:
COUNTY OF DADE)
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgements, personally appeared
oflMPERIAL SANITATION SERVICE, and that shelhe acknowledged executing the foregoing
document, freely and voluntarily. Said person is _ personally know to me, or _ has produced
(specify type of identification, i.e., driver's license and number, state of issue, etc.)
and who did, or did not, take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of , 1999.
Print of Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
STATE OF FLORIDA
)
)
SS:
COUNTY OF DADE)
'!.P-"" .lI~
}'~~ JOSEPHINE RUBIN
t:. .. oo......ON NUM'ER
~ . ~ CC729467
~ 4f- MY COMNISSIOH
OF F\.O MAR. 30,2~~;e.
32