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Agreement Waste Mgmt Inc of FL TABLE OF CONTENTS 1. RECITALS ,. ....... ............. ......................... ................ ..................... .........,..... 1 2. LIAISON BETWEEN CITY AND CONTRACTOR ........................................1 3. COMMENCEMENT OF SERVICE ............................................................... 2 4. TERM........................................................................................................... 2 4.1 Initial Term..,.......................................................................................... 2 4.2 Renewal. .................... ......................... ................ ....... .......... .................. 2 5. DEFINITION OF TERMS ............................................................................. 2 5.1 . Authorized Representative.................................................................... 2 5.2. Biohazardous Waste.............................................................................. 2 5.3. B u I k Waste ............................................................................................ 2 5.4. City ........................................................................................................ 2 5.5. City Manager....... .................................................................................. 2 5.6. Construction and Demolition Debris...................................................... 2 5.7. Contractor...... .......... ............................... ............. ....... ....... ....................3 5,8. Disposal Costs....................................................................................... 3 5.9, Garbage................................................................................................. 3 5.10. Garbage Can or Container................................................................... 3 5.11. Hazardous Waste..... ............................................................................ 3 5.12. Household Furniture................. _........................................................... 3 5.13. Household Trash.................................................................................. 3 5.14.lndustrial Waste................................................................................... 3 5.15, I nfectious Waste................................................................................... 4 5.16.Landfill............ .......... .................................. .............. ............................ 4 5.17.Loose Refuse.. ...................... ................................ ....... ............. ...........4 5,18. Mechanical Container.......................................................................... 4 5.19.Multiple Dwelling Units ......................................................................... 4 5.20. Performance Bond............................................................................... 4 5.21. Proposal Documents............................................................................ 4 5.22. Recyclable Material.............................................................................. 4 5.23. Recycling ................................................................,........................... 4 5.24. Residence (Single Family) ................................................................... 4 5.25. Refuse.................................................................................................. 4 5.26. Refuse Regulations.............................................................................. 4 5.27.Remodeling and Home Repairs Trash .................................................5 5.28. Residential Service.............................................................................. 5 5.29. Solid Waste........... ..............,.....................................,.......................... 5 5.30.Solid Waste Disposal Facility............................................................... 5 5.31.Special Pick-up.................................................................................... 5 5.32. Special Waste .,.........................................,.......................................... 5 5.33.Specifications....................................................................................... 5 1 5,34. White Goods........................................................................................ 5 5.35. Yard Trash - Regular................................. .......................................... 5 5.36.Yard Trash - Bulk ................................................................................ 5 6. SPECIAL CONDITIONS.............................................................................. 6 6.1. Pre-Start Route Familiarization.............................................................. 6 6.2, Comprehensive Notification................................................................... 6 7. SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE COLLECTION.............................................................................................. 6 7.1. Services................................................................................................. 6 7.2. Resources ............................,................................................................ 6 7.3. Protection of Adjacent Property and Utilities.......................................... 6 7.4. Spillage............,..........,.......................................................................... 6 7.5. Residential Collection Services.............................................................. 7 7.6. Frequency of Collection......................................................................... 7 7.7. Hours of Collection ........... ...... ... ................ .......... ....... ....... ....... ... .......... 7 7.8. Point of Pickup of Residential Garbage ................................................. 7 7.9. Receptacle.........,.........,......................................................................... 7 7.1 a.Methods of Collection of Residential Garbage.... ........... .......... ............ 7 7, 11.Schedules and Routes ...............,.........................................................8 7,12. Holidays............................................................................................... 8 7 .13.Storms........................... ....................................................................... 9 7.14. Force Majeure.................. ......................... ............................... ............ 9 7.15. Collection Equipment .......................................................................... 9 7.16. Refuse Quantities.........................,....................................................... 9 7.17.Disposal at a Miami-Dade County Solid Waste Disposal Facility......... 1 a 8. DESCRIPTION OF SERVICES: YARD TRASH (REGULAR AND BULK) COLLECTION PROGRAM........................................................................... 1 a 8.1. Services.. ....... ....... ......................... ..................................... ............. ...... 1 a 8,2. Frequency of Collection .........................................................................1 a 8.3. Holidays...................................................................................... ........... 1 a 8.4. Hours of Collection................................................................................ 1 a 8.5. Point of Pick up of Yard Trash - Regular............................................... 1a 8.6. Preparation of Yard Trash for Collection................................................ 1 a 8.7. Method of Collection of All Yard Trash .................................................. 11 8.8. Equipment............................................................................................. 11 9. DESCPRIPTION OF WORK: BULK WASTE PROGRAM............................ 11 9.1 . Services................................................................................................. 11 9.2. Frequency of Collection .........................................................................12 9.3. Collection Schedule ....... ................ ................ ....... ....... .... .......... ............ 12 9.4. Equipment............................................................................................. 12 11 10.DESCRIPTION OF SERVICES: CONTRACTOR'S OPERATION AND MANAGEMENT OF THE CITY'S GREEN WASTE FACILITY..................... 13 10.1. Location.... ........................................................................................... 13 1 0.2.Description of Work.......... ... ................... ,.. .......... ....... ....... .......... ... ...... 13 10.3. Hours of Operation.... '" .......... ............ ............. ....... .... '" ....... ... ............. 13 10.4. Eligible Users....................................................................................... 13 1 O. 5. Personnel.... ....... ... ... ................ ... ... ... ... ... ....... ... .... ... ....... ....... ... ........... 13 1 0.6 . Records... ....... ... .......... ... ... ... ................... ... ... ....... ....... ....... ... ....... ... ..... 13 10.7. Operations..........................................................................,................ 13 1 0.8. Permits...... ....... .......... ... ... ... ... ................... ... ....... ... .... ... .... ... .......... ... ... 14 10.9, Fee Schedule....................................................................................... 14 10.10. Adjustments....................................................................................... 14 10.11. Acceptable Materials ...... ...................... ... .......... .... ... .... ... ............. ..... 14 10.12. Indemnification.................................................................................. 14 11 . OTHER SERVICES ..................................................................................... 15 11.1.Neighborhood Pride Weekend .............................................................15 11.2.Promotional Material............................................................................ 15 12. QUALITY OF SERVICE ............................................................................... 15 12.1. Contractor's Officer(s).......................................................................... 15 12.2. Customer Service Representative....................................,................... 16 12.3. Conduct of Employees ......................................................................... 16 12.4. Employee Uniform Regulations............................................................ 16 12.5.Compliance with Federal, State, Country and Municipal Law.............. 16 12.6.Fair Labor Standards Act .....................................................................16 12.7. Vehicle Operator License..................................................................... 16 12.8. Safety Training..................................................................................... 16 12.9. Residency............................................................................................ 16 12.10. Equal Opportunity Employment......................................................... 17 12,11. Penalties............................................................................................ 17 13. CONTRACTOR'S OFFICE.. ........................................................................ 17 13.1.General Conditions .............................................................................. 17 13.2.Notification to Customers ..................................................................... 17 14. PAYMENT AND BILLING ............................................................................17 14.1.Compensation...... .......... ............ ... ................... ....... ....... ....... ... ... ......... 17 14.2. Billing Procedure.................................................................................. 17 14.3.Adjustments in Disposal Costs............................................................. 18 14.4.Unusual Changes or Costs .................................................................. 18 15. CONSUMER PRICE INDEX ........................................................................ 18 15.1.Consumer Price Index.......................................................................... 18 16. AGREEMENT PERFORMANCE.................................................................. 18 111 16.1.Agreement Administration.................................................................... 18 16.2.Agreement Information......................................................................... 19 16.3.lnspections........................................................................................... 19 16.4. Failure to Enforce................................................................................. 19 17. COOPERA TION/COORDINA TION .................................... ................. ......... 19 17 .1.Access ................................................................................................. 19 17.2. Representative .......... ................... ...... .......... ... .... ....... ....... .......... ......... 19 18. COMPLAINTS AND COMPLAINT RESOLUTION ....................................... 19 18.1.Complaints ........................................................................................... 19 18.2. Penalties............................................... ............................................... 20 18.3. Dispute about Collection of Certain Items .......... ....... .............. ............. 20 18.4. Events of Default....,............................................................................. 20 19. SUBCONTRACTORS .................................................................................. 21 20. PERFORMANCE BOND ,............................................................................. 21 20,1 ,Amount of Bond.... ............................................................................... 21 20.2. Form of Bond........ ............................................................................... 21 20.3. Qualification of Surety................... ....................................................... 21 21.INSURANCE AND INDEMNIFiCATION....................................................... 21 22. DAMAGE TO OR DESTRUCTION OF EQUIPMENT .................................. 21 23. EVENTS OF DEFAULT BY CONTRACTOR ............................................... 22 24. REMEDIES UPON DEFAULT BY CONTRACTOR...................................... 22 25. TERMINATION FOR CONVENIENCE BY THE CiTy.................................. 22 26. VENUE...,..................................................................................................... 23 27 . LIMITATION OF LIABILITy.......................................................................... 23 28. REPRESENTATION AND WARRANTIES OF CONTRACTOR................... 23 29. APPLICABLE LAW...................................................................................... 24 30. COMPLIANCE WITH LAW AND STANDARD PRACTICES ........................24 31. TAXES, LI ENS AND FEES.......................................................................... 24 32. NOTICE AND CHANGES OF ADDRESSES ...............................................24 33. NO WAiVER................................................................................................. 25 34. SEVERABI LITY............................................................................................ 25 35. ASSiGNMENT............................................................................................. 26 36. COM PLETE AGREEMENT.......................................................................... 26 37. RFP AND AGREEMENT INCORPORATED BY REFERENCE ................... 26 38. FURTH ER DOCUM ENTS............................................................................ 26 39. I N DEPENDENT PARTI ES ........................................................................... 26 40. TIME OF THE ESSENCE ............................................................................ 26 ATTACHMENT A - EMERGENCY SERVICE RATES ......................................28 ATTACHMENT B - FINES SCHEDULE............................................................ 29 IV SERVICE AGREEMENT FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY This Service Agreement for Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of the City's Green Waste Facility (Agreement), is entered into this 8... day OfJWt"'m1rK2004 by and between WASTE MANAGEMENT INC. OF FLORIDA (Contractor), and the City of Miami Beach, Florida (City), for the purpose of providing for residential solid waste, yard trash, bulk waste collection and disposal services within the City of Miami Beach city limits (Collection Area), Operation of the City's Green Waste Facility, and other such services from the Collection Area as required by the City and as more particularly set forth herein. Recitals: WHEREAS, the City's current Agreement for the collection and disposal residential solid waste, yard trash and bulk waste and operation of the City's Green Waste Facility will expire on December 31,2004; and WHEREAS, on October 11, 2004, the City issued Request for Proposals No. 48-03/04 entitled, "Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of the City's Solid Waste Facility"; and WHEREAS, at its regular meeting on December 8, 2004, the Mayor and City Commission selected Contractor as the first-ranked proposer; and WHEREAS, the City and Contractor have negotiated the foregoing Agreement to provide for residential solid waste, yard trash and bulk waste collection and disposal services, and operation of the City's Green Waste Facility, as more fully set forth herein. GENERAL INFORMATION 1 RECITALS The foregoing recitals are true and correct and are hereby incorporated by reference into this Agreement. 2 LIAISON BETWEEN CITY AND CONTRACTOR All dealings, Agreements, notices and payments between Contractor and the City under this Agreement shall be directed by Contractor to the City Manager or his designee. - 1 - 3 COMMENCEMENT OF SERVICES The services outlined herein shall commence immediately upon receipt of a Notice to Proceed by the City, but no later than January 1, 2005. 4 TERM 4.1 Initial Term: The initial term of the Agreement shall be for that period beginning on January 1, 2005 (the Commencement Date), and terminating on December 31,2007. 4.2 Renewal: Provided Contractor is not in default under the Agreement, the City shall have the option, at its sole discretion, to renew this Agreement, subject to the terms and conditions set forth herein, for up to two (2) consecutive one-year terms, by giving Contractor written notice of such renewal at least thirty (30) days prior to the end of the previous term. Such renewal shall be at the same cost to the City as the previous term, including any rate adjustments authorized in accordance with Sections 14.3 and 15. 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 Biohazardous Waste: Any solid waste or liquid waste which may present a threat of causing disease or infection to humans. The term includes, but is not limited to, non- liquid human tissue and body parts; laboratory and veterinary waste which contains human-disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; diseased or dead animals; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. Biohazardous Wastes is not included in the scope of this Agreement. 5.3 Bulk Waste: Any household furniture, household trash, remodeling & home repairs trash, white goods, and/or yard trash-bulk, which cannot be cut for placement into a container, bag, or bundle due to the material exceeding the weight and size restrictions for regular trash collection, as defined herein. Bulk wastes shall be of a type as to be readily handled by the mechanical equipment of the Contractor. Bulk 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 City Manaqer: The City Manager of the City of Miami Beach, Florida. 5.6 Construction and Demolition Debris: Materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, - 2 - 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. 5.7 Contractor: The person, firm, corporation, holding company, organization, agency, or other entity with whom the City has executed this Agreement for performance of the services and or supply of equipment or materials, or its duly authorized representative. All successors to Contractor are included in this definition. 5.8 Disposal Costs: The "tipping fees" charged to Contractor for disposal of the solid waste collected by Contractor. 5.9 Garbaqe: Every refuse accumulation generated from a residence or multiple dwelling unit of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking, consumption, or storage of, meats, fish, fowl, fruit or vegetables, and other foodstuffs, including packaging materials, 5.10 Garbaoe 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. 5.11 Hazardous Waste: Solid waste, or a combination of solid wastes, 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 within the scope of the Agreement. 5.12 Household Furniture: All movable compactable articles or apparatus, such as chairs, tables, sofas, mattresses, etc., for equipping a house. 5.13 Household Trash: 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 and to the operation of stores, offices and other business places. Household trash shall include, but not be limited to, all small appliances, small furniture, yard toys, and building material waste from remodeling and home repair projects. Waste generated by building Contractors or Subcontractors is not household trash. 5.14 Industrial Waste: Any and all debris and waste products generated by manufacturing, processing, land clearing, and demolition projects. Industrial waste is not included in the scope of this Agreement. - 3 - 5.15 Infectious Waste: Those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. Infectious Waste is not included within the Scope of this Agreement. 5.16 Landfill: Any solid waste land disposal facility for which a permit, other than a general permit, is required by s.403. 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. 5.17 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 Section 5.10. Refuse which is collected from the ground is considered loose refuse. 5.18 Mechanical Container: Any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor. 5.19 Multiple Dwellinq Units: Any building containing two (2) but not more than eight (8) permanent living units, not including motels and hotels. Buildings containing over eight (8) living units are classified as commercial accounts and are not included within the Scope of this Agreement. 5.20 Performance Bond: The form of security approved by the City and furnished by Contractor as required under the Agreement as a guarantee that Contractor will execute the work in accordance with the terms set forth herein and will pay all lawful claims. 5.21 Proposal Documents: Request for Proposals No. 48-03-04 and Contractor's proposal in response thereto. 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 Recyclinq: 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. 5.24 Residence (Sinqle Family): A detached building designed for or occupied exclusively by one family. 5.25 Refuse: Both trash and garbage or a mixture of trash and garbage, including paper, glass, metal, and other discarded matter, excluding recyclable materials. 5.26 Refuse Requlations: 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. - 4- 5.27 Remodelinq and Home Repairs Trash: Waste materials accumulated by the homeowner or tenant during the course of a self-performed improvement project, including, but not be limited to, carpeting, cabinets, dry wall, lumber, paneling, and other such construction related materials. Such trash shall be prepared in lengths not to exceed five (5) feet or fifty (50) pounds in weight. Carpeting will be picked up by the Contractor if cut to lengths of six (6) feet or less and bundled. 5.28 Residential Service: The refuse collection service provided to persons occupying residential dwelling units within the designated area, who are not receiving commercial service. 5.29 Solid Waste: Garbage, bulk trash, construction & demolition debris, special wastes, white goods, yard trash, and other discarded material. 5.30 Solid Waste Disposal Facility: Any facility which is the final resting place for municipal solid waste, including landfills and incineration facilities. 5,31 Special Pick-Up: Garden trash, tree and shrubbery trash, and any other household debris which is not ready to be picked up on the scheduled bulk trash pick up day, or the second scheduled garbage pick up day per week, can be picked up at the owner's/occupant's expense by calling the Contractor for a special pick up. The Contractor shall quote price for special pick ups and collect fee from owner. 5.32 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. 5.33 Specifications: Directions, provisions and requirements contained in the Proposal Documents, together with this Agreement, and any other written Agreement made or to be made setting out or relating to the methods and manner for the services to be carried out. 5.34 White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers, small air conditioning units, and other similar domestic appliances. 5.35 Yard Trash - Reqular: Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the maintenance of yards, gardens and landscaping. Such trash shall be bundled or placed in containers which are susceptible to normal loading and collection as other residential solid waste. No yard trash shall be in excess of four (4) feet in length or four (4) inches in diameter. No bundle or filled container shall exceed fifty (50) pounds in weight. 5.36 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 the Contractor and bulk yard material shall not exceed six (6) feet in length. Bulk yard does not include any form or matter or debris resulting from tree - 5 - 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 the Contractor 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. SPECIAL CONDITIONS 6.1 Pre-Start Route Familiarization: Contractor shall effect a pre-start route familiarization program in conjunction with the City to help route drivers become aware of and familiar with the collection points currently being provided. This will include a "hands-on effort" with drivers and key personnel becoming totally familiar with City routes and points of service. The Contractor shall certify to the City in writing that it is completely prepared to assume collection, no later than December 26, 2004. 6.2 Comprehensive Notification: At least annually during the term of this Agreement, or otherwise at the discretion of the City Manager or his designee, the Contractor shall provide comprehensive notification to all residential customers being provided service hereunder, including notice of start date, description of services, customer service numbers, any time and/or route changes; said notification program to be approved by the City at least two (2) weeks prior to commencement of services. 7 SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE COLLECTION 7.1 Services: The Contractor shall provide residential solid waste collection services within the city limits of Miami Beach, and as specifically set forth in the Proposal Documents. The City will be responsible for the billing and collection of solid waste fees from residential customers. 7.2 Resources: The Contractor shall provide, at its 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 collection and disposal set forth herein. 7.3 Protection of Adiacent Property and Utilities: The Contractor shall conduct its work 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 its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no cost to the owner any breakage or damage caused by its operation. 7.4 Spillaqe: The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. In the event of any spillage caused by Contractor, the Contractor shall promptly clean up all spillage. If the Contractor fails to promptly clean up any spillage, the City may, at its sole discretion, pick up the spillage and bill the Contractor for the pick-up. Notwithstanding the - 6- foregoing, Contractor 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. 7.5 Residential Collection Service: The Contractor shall collect and dispose of all garbage, yard trash and solid waste (except such waste as is specifically and expressly excluded from the scope of this Agreement) from all single family houses and multiple dwelling units within the Collection Area. The Contractor shall also clean swale and median areas adjacent to and along designated collection routes of all accumulated palm fronds and fallen branches from the swale areas during regular pick ups. As the Contractor's trucks make their service routes throughout the City, the Contractor will notify the City's Sanitation Director of any suspected illegal dumping. In the event the Contractor cannot provide collection services pursuant to this subsection 7.5, it shall leave a written notice in the form of a "door hanger" on the particular single family residence or multiple dwelling units, explaining why the service(s) could not be provided 7.6 Frequencv of Collection: The Contractor shall collect solid waste and yard trash regular from places of residence within the Collection Area at least two (2) times per week, with collections at least three (3) days apart. Contractor shall collect Yard Trash- Regular at curbside every scheduled garbage pick up day of the week. 7.7 Hours of Collection: Collection 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 allowed by this subsection, provided Contractor has received prior approval from the City Manager or his designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain the approval to operate on an emergency basis, it shall be conclusively presumed that Contractor had not obtained such approval. Residential routing shall be such as to not impact traffic flow on major arteries during peak times. 7.8 Point of Pickup: Collection of residential garbage and trash shall be at the residence (backyard / side yard), at ground level, or curbside, if placed there by the customer. 7.9 Receptacle: Contractor shall be required to pick up all garbage, trash and refuse from residential units which have been properly prepared and stored for collection as follows: all garbage, trash and refuse shall be placed in a garbage can or plastic disposal bag and shall be placed in the backyard, side yard, at curbside, or any other single collection point as may be agreed upon by the Contractor and the customer. Usual household trash shall be placed in containers where it shall be collected in the same manner as garbage. 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, is appropriately tied and bundled, and placed at curbside for collection on a scheduled garbage pickup day. 7.10 Method of Collection: The Contractor shall make collections with a minimum of noise and disturbance to the residential customer and the neighborhood. Any garbage - 7 - or trash spilled by Contractor shall be picked up immediately by Contractor. Garbage receptacles shall be handled carefully by Contractor, 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 Contractor to garbage receptacles, other than normal wear and tear, Contractor shall be responsible for the timely repair or replacement of said receptacles within seven (7) days of receiving a complaint from the customer and/or the City Manager or his designee. Staging will not be permitted. "Staging" is defined as placing containers, bags, and yard trash at one location ahead of the servicing truck. 7.11 Schedules and Routes: The City shall provide the Contractor with schedules for all collection routes and such information shall be kept current at all times. Before any change in the collection routes occurs, the City Manager or his designee 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. Upon approval by the City Manager, or his designee, Contractor shall publish notice in a newspaper of general circulation in Miami-Dade County, at least seven (7) days prior to the effective date of such route or schedule change. The cost of publication shall be borne solely by Contractor. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public right of 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 closures less than eight (8) hours in duration. The City shall notify Contractor of street closures of longer duration, and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers shall receive reasonable notification of the schedules prior to commencement of service. Such notification, material, methods, and frequency of delivery shall be approved by the City Manager or his designee. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. Contractor hereby acknowledges that the City has embarked on an aggressive, City- wide Capital Improvement Program which includes extensive roadway improvements, water and sewer utility infrastructure replacements and storm water and drainage control system. The City shall notify the Contractor of all construction activities and make arrangements for service in a manner satisfactory to the Contractor and City. The Contractor shall be required to work with the City in all ways possible, to ensure that the regular schedule and quality of service are not interrupted. 7.12 Holidavs: Contractor shall not be required to provide collection services on Christmas day. Normal waste collection services will resume on the next regularly scheduled pick-up date, for those Residential accounts whose service was missed on a holiday. Should Christmas day fall on a Saturday or Sunday, the Contractor is expected to work as regularly scheduled, Monday through Friday. - 8 - 7.13 Storms: I n case of a storm, the City Manager or his designee, may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City Manager or his designee, and customers, of the estimated time required before regular schedules and routes can be resumed. In the case of a storm, if it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the Contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. The Contractor shall receive extra compensation above the Agreement amounts for additional manpower, overtime, and cost of rental eq~ipment, provided that the Contractor has first secured prior written authorization from the City Manager or his designee. The total cost for such services shall be based on rates as set forth in the attached schedule (See Attachment A). 7.14 Force Maieure: The performance of any act by the City or 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 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. 7.15 Collection Equipment: The Contractor agrees to provide new equipment (four (4) new trucks) to commence performance of this Agreement. The City recognizes, however, that Contractor may require up to 120 days from the Commencement Date of this Agreement, to obtain and employ such new equipment. Accordingly, Contractor may utilize other than new equipment on the Commencement Date and for 120 days thereafter. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. For residential collections, equipment shall be of the enclused loader packer type, and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. 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 Agreementual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number, and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. The City logo shall be displayed on the vehicle. 7.16 Refuse Quantities: Contractor represents and warrants that it has reviewed the City's collection records and understands that at certain times during the year, the quantity of refuse to be disposed of is materially increased by the influx of visitors, seasonal changes and other factors. Contractor agrees that these fluctuations will not - 9- be justification for Contractor to fail to maintain the required collection schedules and routes or to justify a rate increase. 7.17 Disposal at a Miami-Dade County Solid Waste Disposal Facility: Contractor hereby represents and warrants to the City that all solid waste collected by it under this Agreement will be disposed of only at an approved Miami-Dade County Department of Solid Waste Disposal Facility or at such other approved facility, as may be directed by the City Manager or his designee. In the event Contractor relocates solid waste collected hereunder from a Miami Dade County Solid Waste Disposal Facility to another facility, it will notify the City Manager of his designee in writing at least ten (10) days prior to doing so, for its approval for use of the said new facility. 8. DESCRIPTION OF SERVICES: YARD TRASH (REGULAR AND BULK) COLLECTION PROGRAM 8.1 Services: The Contractor shall collect all Yard Trash - Regular as defined in Section 5.35, from all single-family homes and multiple dwelling units. 8.2 Frequency of Collection: The Contractor shall collect Yard Trash - Regular within the Collection Area two (2) times per week on the scheduled pick-up day of each week. Within thirty (30) days of the Commencement Date of the Agreement, 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. 8.3 Holidays: Contractor shall not be required to provide collection services on Christmas day. Normal collection services will resume on the next regularly scheduled pick-up date, for those Residential Accounts whose service was missed on a holiday. Should Christmas day fall on a Saturday or Sunday, the Contractor is expected to work as regularly scheduled, Monday through Friday. 8.4 Hours of Collection: Collection shall begin no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M., provided that in the event of an emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this subsection, following prior written approval by the City Manager or his designee. 8.5 Point of Pickup of Yard Trash - ReQular: Collection of Yard Trash- Regular shall be at curbside. 8.6 Preparation of Yard Trash for Collection: The Contractor shall pick up all Yard Trash - Regular which has been properly prepared and stored for collection as follows: a) Yard Trash Regular to be placed adjacent to the pavement or traveled way of the street in containers or bundles less than fifty (50) pounds each and with no dimension over four (4) feet each, or limbs/branches not greater than four (4) inches in diameter, shall be collected twice per week. The Contractor shall clean swale and median areas adjacent to and along designated collection routes of all accumulated palm fronds and bulky tree debris. - 10- b) Yard Trash - Bulk: will be collected by the Contractor on a scheduled basis at no additional charge. Such service shall be provided up to four (4) times per year on dates scheduled by the Contractor individually with the particular single family residence or multiple dwelling unit. In the event of a dispute between Contractor and a customer as to what constitutes Yard Trash - Bulk, the dispute will be reviewed and decided by the City Manager or his designee, whose decision will be final. 8.7 Method of Collection of All Yard Trash. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any yard trash spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal cans are to be replaced upright with covers securely and properly in place on the cans. 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 to such rack, cart or enclosure, and lids shall be placed securely and properly on the top of said receptacles. In the event Contractor cannot provide collection services pursuant to this subsection 8.7, it shall leave a written notice in the form of a "door hanger" on the particular single family residence or multiple dwelling units, explaining why the service could not be provided. 8.8 Equipment: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor adequately and efficiently to perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. Collection vehicles shall be of the enclosed loader packer type or other vehicle designed to allow for efficient collection of yard trash. The equipment shall be 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. 9 DESCRIPTION OF WORK: BULK WASTE PROGRAM 9.1 Services: The Contractor shall collect all household furniture, household trash, remodeling & home repair trash, white goods, and/or yard trash-bulk, which cannot be cut for placement into a container, bag, or bundle due to the material exceeding the weight and size restrictions for regular trash collection, as defined in Sections 5.12, 5.13, 5,27, 5.34, and 5.36, respectively (collectively, "Bulk Waste"), from all single- family homes and multiple dwelling units. - 11 - 9.2 Frequency of Collection: The Contractor shall collect such Bulk Waste only on dates scheduled by Contractor individually with each Residential Account. Contractor shall collect, without additional charge to the City under this Agreement, such Bulk Waste a maximum of four (4) times per calendar year, and up to twenty five (25) cubic yards per pick-up, for each Residential Account. In the event that a Residential Account presents more than 25 cubic yards of bulk wastes for collection in any scheduled pick-up, it shall be counted as an additional pick-up event for every additional 25 cubic yards of waste material collected. In the event that a Residential Account requests more than four (4) Bulk Waste pick-ups during any calendar year, the Contractor shall schedule a special pick-up, and charge the Residential Account $20 per cubic yard for the additional services. 9.3 Collection Schedule: Contractor shall make available a telephone line to allow residents to schedule Bulk Waste pick-ups. By calling the telephone line, a Residential Account shall schedule its Bulk Waste pick-up appointment with the Contractor. Contractor shall make the Bulk Waste pick-up within five (5) business days from the date of receipt of the pick-up appointment request from the customer. Pick-ups shall be completed by the Contractor on the appointment day, and not before or later. Pick-ups will be scheduled as follows: South Beach on Mondays; Mid Beach on Tuesdays and Wednesdays; and North Beach on Thursdays and Fridays. Failure on the part of the Contractor to effect the pick-up on the scheduled date shall result in the Contractor being charged a $100.00 penalty fee, per day, per occurrence, unless excused by a Force Majeure or other unforeseen event, as approved by the City Manager or his designee. Contractor shall prepare, in accordance with the format approved by the City, and maintain a register of all Bulk Waste collection requests. 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 scheduled pick-up, and the schedule number assigned to the pick-up. The register shall also include a confirmation of the completion of each Bulk Waste pick-up scheduled for that day. A copy of the Bulk Waste pick-up register shall be faxed to the Director of the City's Sanitation Division, at the end of each business day. In the event of a dispute between Contractor and a customer as to what constitutes Bulk Waste, the dispute will be reviewed and decided by the City Manager or his designee whose decision will be final. 9.4 Equipment: Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor adequately and efficiently to perform the services to be provided pursuant to this Agreement. 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 Solid Waste, Yard Trash, and Bulk Waste. 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. - 12 - 10. DESCRIPTION OF SERVICES: CONTRACTOR'S 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 managing the Facility. 10.3 Hours of Operation: The Contractor shall be required to provide all necessary manpower and equipment to receive, control, secure, collect dumping fees, and dispose of all Acceptable Material, as defined in Section 10.12, six (6) days per week, Monday through Saturday, from the hours of 7:00 a.m. - 5:00 p.m. The Contractor will post the preceding days/hours of operation in a readily visible place at the entrance of the Facility. The Facility shall be closed on Thanksgiving, Christmas, New Years Day, July 4th, and Labor Day. The Contractor will these closure dates all year, in the same manner as set forth above in the preceding paragraph. Hours of operation shall not be otherwise extended or shortened without the prior written consent of the City Manager or his designee. After receipt of such written consent from the City, the Contractor will be responsible for notifying all customers via written notification, at least two (2) weeks before the revised hours of operation commence. 10.4 Eliqible Users: The Facility shall be accessible to residents of the City of Miami Beach and landscape firms performing work with in the city limits of the City of Miami Beach. 10.5 Personnel: At least one (1) Contractor employee shall be on site at all times to oversee the day to day operation of the Facility. This individual shall also charge landscape firms and direct traffic to where loads should be dropped. 10.6 Records: The Contractor must keep records of all ingoing and outgoing Facility traffic in a form determined by the mutual Agreement of Contractor and the City Manager or his designee. The Contractor shall dispose of all Yard Trash delivered to the Facility. 10.7 Operations: The Contractor shall containerize all materials delivered to the Facility; shall conduct a neat and orderly operation at all times; and shall be solely responsible for the necessary housekeeping services to properly maintain the Facility; Contractor shall repair and maintain its equipment in good operational condition; No signs (other than the entrance sign described herein) or advertising shall be placed on the Facility premises unless first approved, in writing, by the City Manager or his designee. All signage shall comply with the City's signage ordinance established criteria, as may be amended from time to time. - 13- The Contractor shall use its best efforts to assure that its operation of the Facility does not reasonably interfere with the existing character of the surrounding residential area. 10.8 Permits: Prior to commencement of the services to be performed pursuant to this Section 10, the Contractor shall obtain any and all necessary identification numbers, permits, licenses and other requirements necessary to operate the Facility, and shall thereafter perform its obligations hereunder in compliance with any and all applicable Federal, State, and local laws, rules and regulations. 10.9 Fee Schedule: The Contractor shall adhere to the following fee schedule: Clean Yard Trash (Refer to Sections 5.35 and 5.36 for respective definition of Yard Trash-Regular and Yard Trash-Bulk. Clean Yard Trash complies with these definitions and contains only the minimum quantities of rock, dirt, plastic, and other solid waste. Clean Yard Waste does not contain garbage, carpet, putrescible wastes, or regulated quantities of hazardous waste other regulated materials). Charaes to Residents: Cars (2 or 4 doors) Pickups and SUVs Van or Trailer FREE FREE FREE Charaes to Landscape Firms: Pickups Van or Trailer $12.00 per cubic yard $12.00 per cubic yard 10.10 Adiustments: Upon thirty (30) days prior written notice to the City Manager or his designee, the fees set forth herein shall be adjusted annually, on the anniversary date of the Commencement Date of this Agreement, according to increases or decreases in the Consumer Price Index, All Urban Areas (CPI-U), with an annual maximum adjustment of three percent (3%). 10.11 Acceptable Materials: The Contractor shall be responsible for disposing of all Acceptable Materials delivered to the Facility. All disposals shall be in accordance with current City, County, State and Federal laws and regulations. "Acceptable Materials" shall be defined as Clean Yard Trash, as defined in subsection 10.9. Any Clean Yard Trash (or other waste) containing biohazardous waste, hazardous waste, industrial waste, infectious waste, or putrescible garbage shall not be deemed Acceptable Material. 10.12 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 or nature (including, but not by way of limitation, attorney fees and court costs), by or on behalf of any persons, firm or corporation, for personal injury (including death) or property - 14- damage, or other, occurring on the Facility, or in connection with Contractor's operation, management and/or all its other activities on or upon the Facility, occasioned in whole or in part by any of the following: a) an act of omission on the part of the Contractor or any employee, agent, invitee, or guest, assignee or subContractor of Contractor, b) any misuse, neglect, or unlawful use of the Facility by the Contractor; and/or c) any breach, violation, or nonperformance of any undertaking by the Contractor under this Agreement. Contractor further agrees to pay and shall pay for all damage to the Facility caused by the Contractor or any employee, guest or invitee of the Contractor. The provisions of this Section 10.12 shall not apply to and 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 or nature (including, but not by way of limitation, attorney fees and court costs) arising out of injury to persons (including death), damage to property, or environmental contamination related to operation of the Facility prior to the Commencement Date of the Agreement. 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 four (4) twenty (20) yard roll off containers at a location or locations in the City, as designated by the City Manager or his designee. These containers are provided to allow residents to bring Bulk Waste to the specific container placement locations for free disposal. Containers must be delivered prior to 9:00 a.m. on Saturday, and picked up prior to 9:00 a.m. on Monday. There will not be any additional cost to the City for this Service. The Contractor will partner with the City to advertise the Neighborhood Pride Weekends. 11.2 Promotional Material: The Contractor will provide within sixty (60) days from the Commencement Date of the Agreement, corporate literature and promotional materials to assist the City with its anti-litter program. 12 QUALITY OF SERVICE. 12.1 Contractor's Officer(s): Contractor shall assign a qualified person or persons that are approved by the City Manager or his designee to be in charge of Contractor's operations within the Collection Area and Contractor's obligations pursuant to this Agreement. Contractor shall give the names of these persons to the City. Information regarding the person(s)'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. - 15 - 12.2 Customer Service Representative: The Contractor shall specifically assign a primary and an alternate person for Miami Beach (a Customer Service Representative). All complaints received by the City will be forwarded to the designated Customer Service Representative. The Customer Service Representative shall be responsible for ensuring the prompt and satisfactory resolution of customer complaints and requests for information. The Customer Service Representative shall also be responsible for faxing the Bulk Waste Pick-up and Customer Complaint Registers (as set forth in Section 9.3) to the Director of the City's Sanitation Department. 12.3 Conduct of Employees: Contractor shall see to it that its collection employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. 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. 12.4 Employee Uniform Reoulations: Contractor's collection employees shall wear a uniform or shirt bearing the company's name. Contractor shall furnish to each employee an identifying badge, not less than two and one-half (2 1/2) inches in diameter, with numbers and letters at least one inch high, uniform in type. 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 will be acceptable. Contractor shall keep a record of all employees' names, numbers and route assignments in a manner to allow identification of employees at all times. Contractor shall provide its then current employee list to the City Manager or his designee within twenty-four (24) hours of written notice from the City. 12.5 Compliance with Federal. State. County. and Municipal Law: Contractor shall comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations, including but not limited to those relating to employment, protection of the environment and safety, now or hereafter in effect. 12.6 Fair Labor Standards Act: Contractor is required and hereby agrees by execution of this Agreement, to pay all employees not less than the Federal minimum wage and 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. 12.7 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. 12.8 Safety Trainino: Contractor shall provide operating and safety training for all personnel. 12,9 Residency: Contractor shall, wherever practical within its hiring policies, employ its personnel from residents of the City. - 16- 12.10 Equal Opportunity Emplovment: No person shall be denied employment by Contractor for reasons of race, sex, national origin, creed, age, physical handicap, sexual orientation or religion. 12.11 Penalties: The following monetary penalties shall be assessed at the discretion of the City and be deducted from the monthly billing to the Contractor as listed in Attachment B. 13 CONTRACTOR'S OFFICE 13.1 General Conditions: Contractor shall provide, at its expense, a suitable office located within Miami-Dade County, with adequate staff and telephone service, with a telephone number dedicated solely for Miami Beach residents to handle and resolve all incoming complaints and requests for information, between 8:00 A.M. and 5:00 P.M., Monday through Friday of each week, excluding holidays. Between the hours of 5:00 P.M. and 8:00 A.M., Monday through Friday, and all day on Saturday and Sunday, including holidays, the Contractor shall provide and maintain an answering machine or service to receive all incoming calls and complaints. All calls received by the answering machine or service shall be responded to the following working day, in accordance with the provisions included in Section 18. 13.2 Notification to Customers: The Contractor shall notify all customers, in writing, about complaint procedures, rates, regulations, and the days of collection and procedures for special pick-ups including, but not limited to, Bulk Waste pick-ups. 14 PAYMENT AND BILLING 14.1 Compensation: The City shall pay Contractor compensation for the performance of this Agreement, the sum of Twenty Two dollars and fifty five cents ($22.55) per unit. Compensation sums are based on the unit prices submitted in Contractor's response to RFP No. 48-0304, and are subject to any conditions or deductions as provided herein. Contractor's Unit Price Schedule for solid waste and yard trash collection shall include disposal costs and all costs for services to be provided herein, except where additional fees, increases or services are specifically provided herein. Contractor shall submit an invoice by the 10th of each month for services rendered during the preceding month, and payments will be made to Contractor on or before the 20th day of each calendar month upon verification of the invoice submitted. 14.2 Billinq Procedures: On the first day of each month the Agreement payment(s) for the services to be provided in this Agreement shall be adjusted to correspond with the occupancy of existing or new buildings and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustment; for example, any change which is made on June 1 of any year will 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 only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the - 17 - unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. The Agreement adjustments will be based on unit cost, included in the Contractor's response to RFP No. 48-0304. The City will notify the Contractor of any existing unit that is considered unoccupied and of any new unit that is considered to be occupied. 14.3 Adiustments in Disposal Costs: The parties acknowledge that the Agreement is based on the current Miami-Dade County Tipping Fee in effect at the time of the Commencement Date of the term of the Agreement. However, it is recognized that, from time to time, the actual cost charged to the Contractor by a disposal agency for disposal of refuse at the disposal site may change. In the event of such change in the tipping fee, Contractor may request, and the City upon submission of sufficient proof of such change shall grant, such increase in Agreement price due to the disposal cost increase as will compensate for the actual change of disposal cost. Decreases in disposal costs shall be cause for a like decrease in Agreement price. 14.4 Unusual Chanqes or Costs: Contractor may petition the City for rate adjustments at reasonable times on the basis of unusual changes in its cost of doing business, such as revised laws, ordinances or regulations, or changes in location of disposal sites, and such requests shall not be unreasonably refused. Prior to allowing any increase, the Contractor must submit all records and information reasonably requested by the City Manager or his designee as would support the requested increase, which request shall be submitted to the City of Miami Beach Commission for its consideration. Any of the aforesaid changes or any other conditions which occur that reduce Contractor's costs shall entitle the City to receive a unit rate decrease in proportion to the decrease in Contractor's costs. 15 CONSUMER PRICE INDEX 15.1 Consumer Price Index: On January 15t of each Agreement year, the compensation paid by the City to the Contractor pursuant to this Agreement shall be adjusted, upwards or downwards, as the case may be, according to increases or decreases in the Consumer Price Index, All Urban Areas (CPI-U), for the month of September in the year in which the adjustment shall take place, with an annual maximum adjustment of three percent (3%). 16 AGREEMENT PERFORMANCE 16.1 Aqreement Administration: Contractor's 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, Contractor's performance of the services is considered unsatisfactory in the reasonable discretion of the City Manager or his designee, Contractor shall immediately take all steps necessary and procedures to properly perform under the Agreement, including but not limited to increasing the workforce, tools and equipment as needed to properly perform this Agreement. The failure of the City Manager or his designee to give such notification shall not relieve Contractor of its obligation to perform the services at the time and in the manner specified by the Agreement. If the Contractor - 18 - fails to immediately restore performance to a satisfactory level, the City may, at its sole discretion, take such steps as are deemed necessary to safeguard the health and well being of the residents. The cost of any such actions shall be charged to the Contractor. This may include but not be limited to contracting with another provider. 16.2 Aqreement Information: Contractor shall furnish the City Manager or his designee with any information relating to the Agreement to ascertain whether or not the services, as performed, are in accordance with the requirements of the Agreement. 16.3 Inspections: The City Manager or his designee may appoint qualified persons to inspect Contractor's operation and equipment at any reasonable time, and Contractor shall admit such authorized representatives of the City to make such inspections at any reasonable time and place. 16.4 Failure to Enforce: The failure of the City at any time to require performance by Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same, nor shall be construed as a waiver by the City of any breach of provisions hereof taken or held to be a waiver of any breach of such provision or as a waiver of any provision itself. 17 COOPERATION/COORDINATION 17.1 Access: The City and its authorized representatives shall at all reasonable times be permitted free access and every reasonable facility for the inspection of the performance of all services, equipment and facilities of Contractor, as well as any City facilities controlled by the Contractor pursuant to this Agreement (including but not limited to the Facility). 17.2 Representative: Contractor shall cooperate with authorized representatives of the City in every way in order to facilitate the quality and progress of the services contemplated under this Agreement. Contractor shall have at all times a competent and reliable English speaking representative on duty authorized to receive orders and to act for Contractor in the case of its absence. 18 COMPLAINTS AND COMPLAINT RESOLUTION 18.1 Complaints: Contractor shall prepare, in accordance with the format approved by the City Manager or his designee, and maintain a register of all complaints and record the disposition of each complaint. Complaints shall be identified and such records shall be available for City inspection at all times during business hours. The form shall indicate the date and time when the complaint was received and how and when it was resolved. The following minimum criteria must be complied by the Contractor regarding 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. - 19 - b) Complaints received after 12:00 noon but before 12:00 midnight shall be resolved before 12:00 noon of the 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. d) This complaint resolution schedule shall be complied with, 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 no later than the next working day. A daily listing of all the complaints filed and of their disposition shall be provided to the City Manager or his designee every day. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the City Manager or his designee, and a representative of the Contractor. . Disputes shall be referred to the City Manager or his designee, whose decision shall be final. Additionally, the City's auditors may communicate directly with customers, for the purpose of confirming compliance with these stipulations. 18.2 Penalties: 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 that end, Contractor shall use its best efforts to assure that all customers' and City complaints are resolved in a prompt and efficient manner. Contractor shall take all necessary steps to address such complaints, to the reasonable satisfaction of the City. Failure to resolve and and all complaints shall result in Contractor being assessed the monetary penalties contained in Attachment B to this Agreement, which is incorporated and attached hereto. Such penalties shall be assessed when, in the reasonable discretion of the City Manager or his designee, Contractor fails to comply with any and all of the items set forth in Attachment B. Any monetary penalties assessed to Contractor pursuant to Attachment B shall be deducted from the monthly billing to Contractor. 18.3 Disputes about Collection of Certain Items: It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain refuse due to disputes over the specific language of the Agreement. The City Manager or his designee, may from time to time notify the Contractor by telephone to remove all such refuse. Should the Contractor fail to remove the refuse within twenty-four (24) hours from the time of notification, the City may do so, and all costs incurred by the City shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed refuse did not conform to Agreement specification, the Contractor shall be entitled to reimbursement of the deduction. 18.4 Events of Default: The following events shall also be considered Events of Default for the purposes of Section 23 of this Agreement: a) Complaints in any calendar month in excess of 20 complaints of the scheduled collections in any calendar month. - 20- b) Not resolving legitimate complaints of missed services within twenty four (24) hours, six (6) times in any calendar month. 19 SUBCONTRACTORS SubContractors will not be permitted under the terms of this Agreement without the prior written consent of the City Manager or his designee, which consent shall not be unreasonable withheld. 20 PERFORMANCE BOND 20.1 Amount of Bond: Contractor shall, upon execution of this Agreement by both parties and prior to the commencement of the services under the Agreement, furnish to the City a Performance 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: Said performance bond will be fifty percent (50%) of the annual compensation to be paid to Contractor as calculated in Contractor's response to RFP No. 48-03/04, and as adjusted annually on the anniversary of the Commencement Date of this Agreement. 20.2 Form of Bond: The form of the Performance Bond shall be as set forth in RFP No. 48-03/04, and shall continue in full force and effect throughout the term of this Agreement, and any extensions thereof. 20.3 Qualification of Surety: 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. The Performance Bond will not be accepted unless it is within the limits set forth in the Certificate of Authority from the Department of Treasury. 21 INSURANCE AND INDEMNIFICATION At all times during the term of this Agreement, Contractor shall maintain in full force and effect, at its sole cost, the insurance and indemnity provisions set forth in RFP No. 48- 03/04; a copy of said requirements are attached and incorporated as Attachment C of this Agreement 22 DAMAGE TO OR DESTRUCTION OF EQUIPMENT If any item of Contractor's equipment is damaged, destroyed, or stolen by an event which is covered by Contractor's insurance, Contractor 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, Contractor shall invest the additional funds needed to repair or replace the equipment. - 21 - 23 EVENTS OF DEFAULT BY CONTRACTOR Each of the following events or conditions shall constitute an event of default by Contractor: a) Any material failure by 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 Contractor or the Performance Bond surety 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 Contractor during the term of this Agreement for a period of seven (7) days or more. d) Any representation or warranty furnished by Contractor in this Agreement is found to be false or misleading in any material respect when made. e) Failure to abide by the complaint resolution standards set forth in Section 18 and Attachment B. 24. REMEDIES UPON DEFAULT BY CONTRACTOR In the event of default by Contractor, the City may without election of remedies: a) Without recourse to legal process, immediately terminate the Agreement by delivery of a written notice to Contractor declaring termination (which shall become effective upon receipt by Contractor), whereupon Contractor shall, at its sole cost, remove any and all the equipment, and the City may immediately contract with another firm or firms to provide the collection services the City; b) Seek recovery on the Performance Bond; c) 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. 25. TERMINATION FOR CONVENIENCE BY THE CITY a) The City Commission, in addition to the rights and options to terminate set forth in Section 24, or in 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. b) Said termination for convenience shall become effective thirty (30) days following receipt by Contractor of a written termination notice. In that event, the City shall compensate Contractor in accordance with the Agreement for all services satisfactorily performed by Contractor, up to the termination date. Such payment shall be the total extent of the City's liability to Contractor under the Agreement. - 22- 26. VENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either 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. 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, WASTE MANAGEMENT INC. OF FLORIDA AND CITY OF MIAMI BEACH, EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 27 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 one hundred thousand ($100,000.00) dollars. Contractor hereby expresses its willingness to enter into this Agreement with recovery from the City for any damage action for breach of Agreement to be its actual damages but in not event to exceed a maximum one hundred thousand ($100,000.00) dollars. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to 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 City's liability as set forth in Florida Statutes, Section 768.28. 28 REPRESENTATION AND WARRANTIES OF CONTRACTOR 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 - 23 - instrument to which it is a party or by which it or its properties may be bound or affected. d) It has not received any notice, nor to the best of its knowledge is there pending or threatening any notice, 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 necessary to perform under the Agreement. 29. APPLICABLE LAW This Agreement and the construction and enforceability thereof shall be interpreted under the laws of the State of Florida. 30. COMPLIANCE WITH LAW AND STANDARD PRACTICES Contractor shall perform its 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 service. Contractor shall be responsible for obtaining all governmental licenses, permits, consents, and authorizations as may be required to perform its obligations hereunder prior to the commencement of the services contemplated by this Agreement. 31.TAXES, LIENS AND FEES At all times during the term of this Agreement, 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 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 Contractor's equipment or the operation of maintenance thereof is filed upon the City, Contractor shall have thirty (30) days from the date of written notice by City 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: - 24- To City: CITY OF MIAMI BEACH, CITY JORGE M. GONZALEZ CITY MANAGER MANAGER'S OFFICE 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WITH COPIES TO: CITY OF MIAMI BEACH, FRED H. BECKMANN, P.E. PUBLIC WORKS DIRECTOR PUBLIC WORKS DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 AND ALBERTO ZAMORA DIRECTOR OF SANITATION CITY OF MIAMI BEACH 140 MACARTHUR CAUSEWAY MIAMI BEACH, FLORIDA 33139 To Contractor: WASTE MANAGEMENT INC OF FLORIDA 2700 N.W. 48th Street POMPANO BEACH, FLORIDA 33073 ATTENTION: JOHN CASAGRANDE 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. NO WAIVER The failure of Contractor 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 Contractor or the City. 34. 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. - 25- 35.ASSIGNMENT The selection of Contractor as the service provider under this Agreement is based upon its experience, capability and financial ability to perform the work. 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. 36. 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. 37.RFP AND AGREEMENT INCORPORATED BY REFERENCE RFP No. 48-03/04, together with all amendments thereto, and Contractor's proposal in response thereto is hereby incorporated by reference into this Agreement. In construing the rights and obligations between the parties, the order of priority in case of conflict between the documents shall be as follows: . This Agreement . RFP No. 48-03/04, together with all amendments thereto. . Contractor's proposal in response to RFP N0.48-03/04. 38. 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. 39.INDEPENDENT PARTIES Nothing contained in this Agreement shall be deemed or construed for any purpose to establish, between City and Contractor, a partnership or venture, a principal agent relationship, or any relationship other than property owner and independent Contractor. 40. TIME OF THE ESSENCE. Time is of the essence with respect to each and every term and condition of this Agreement. [The rest of this page left intentionally blank] - 26- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA By: Ju~~y.~. City Clerk ATTEST: FOR CONTRACTOR: WASTE MANAGEMENT INC. OF FLORIDA ATTEST: By: :rehJJ ~s~~I9AmEJ v: P. Print ame I Title - 27- APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /U( ~ (~-)f?-O'r City me~ Qate A IT ACH M ENTA.....EMERGENC~SERVXCE!AA,..ES 4.1.8 4.1.9 4.1.1 0 4.1.11 Labor Position or 4.1.12 Make 4.1.13 Hourly Equipment Type and Model Rate Rearload Packer Truck w/3 man $275.00 crew 210 Prentice Loader or equivalent $165.00 Self Loading Prentice Truck 25-40 yard dump body or equivalent $165.00 Wheel Loader - 2 112 to 3 cu. Yd. $135.00 Tandem Dump Truck $ 95.00 Rolloff Truck with container $95.00 Tractor Trailer type Dump Truck 60-80 Yards $155.00 Skid Steer Loading Bobcat or Equivalent $135.00 D6 Dozer or equivalent $135.00 Cat 330 Excavator with debris loading grapple or equivalent $155.00 950 Wheel Loader or equivalent $135.00 Chainsaw Operator with gear $ 50.00 Supervisor with pick truck $ 60.00 Safety manager with pickup truck $ 60.00 Mechanic's truck with tools $ 65.00 Flagmen for traffic control $ 30.00 12-foot Morbark Tub Grinder or equivalent $420.00 13-foot Morbark Tub Grinder or equivalent $470.00 Trash Transfer Trailers 110 yard with Tractor $130.00 Bucket Truck 50 cubic yard bed $145.00 Clerical $ 37.50 Mobilization & Demobilization A Pass Thru Notes: 1. Equipment includes operator, but not disposal fees - 28- 2. Above rates were FEMA approved in past storms ATTACHMENT B - FINES SCHEDULE (1) It is the intent of the City to ensure that the Contractor provides a quality of level of service, To this end, all complaints shall be promptly resolved pursuant to the provisions of SECTION 18 of this Agreement. (2) It shall be the duty of the Contractor to take reasonable steps that may be necessary to address the complaint. Consideration will be given to extreme weather condition and other conditions outside the Contractor's control. Failure to resolve the complaints as set forth below may result in the City deducting from monies due to the Contractor or which may become due to the Contractor in the following amounts. Failure or neglect to address collection complaints as required by Section 18 of this Agreement address $100.00 per incident ii Failure to clean up spillage caused by the Contractor $100.00 per incident per location Hi Failure to repair damage to customer property caused by the Contractor or its personnel $100.00 per incident per location iv Failure to maintain equipment in a clean, safe and sanitary manner $100.00 per incident per day v. Failure to have a vehicle operator properly licensed $100.00 per incident per day vi. Failure to maintain office hours as required by this Agreement $100.00 per incident per day vii. Failure to properly cover materials in Collection vehicles $100.00 per incident per day viii Failure to display Contractor's name and phone number on Collection vehicles $100.00 per day ix Failure to comply with the hours of operation as required by this Agreement $100.00 per incident per day x Failure to provide Collection Services within the time of day limits provided in the Agreement $100.00 per incident per day xi Failure or neglect to complete less than 90 percent of each route on the regular scheduled Collection day not completed $1000.00 per incident xii Commingling Residential Waste with Recyclable materials $1000.00 for each incident The above One Hundred dollar ($100.00) amount per incident will be raised to Two Hundred dollars ($200.00) per incident after receiving more than twenty (20) complaints. - 29- CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. 295-2004 m From: Mayor David Dermer and Members of the City comm1riSSion Jorge M. Gonzalez A~ City Manager ( IllEGAL WAST' UMPING Date: November 19. 2004 To: Subject: As directed by the Commission on October 15, 2003 the Community Materials Recovery Facility (MRF) located in Middle Beach stopped accepting effective January 2, 2004, construction and demolition debris and bulk waste defined as: household furniture, household trash, remodeling and home repair trash, and white goods. The MRF was collecting an average of 132 tons of bulk waste per month, 87 tons of construction and demolition debris, and 89 ton of green waste. As I committed at the October 15, 2003, Commission meeting this letter provides information regarding the amounts of increased illegal dumping we have experienced in our City, especially in North Beach since the closure of the MRF. In 2003, the Public Works Department Sanitation Division collected from City streets and alleys on the average around 140 tons of illegally dumped bulk waste per month at a cost of $12,200 per month. In the first 10 months of 2004, Sanitation has collected on the average around 217 tons of illegally dumped bulk waste per month at a cost of $21,450 per month, This represents an increase of about 85 tons per month of illegally dumped bulk waste, representing an increase of $9,090 per month or projected to be an increase in cost to the Sanitation fund of over $1 09,067 per year. In addition 4,100 cubic yards of hurricane debris was collected during the month of September. As a way of mitigating the impact of closing the MRF the City partnered with Browning Ferris International (BFI) the City's residential solid waste collection contractor, and established a program called Neighborhood Pride Weekend. Under this program BFI and Waste Management of Dade provide 20 cubic yard containers in North Beach and South Beach, where bulk waste can be disposed free of charge on the first weekend of every month, The program started with one container at both location but the need of North Beach recently forced the program to expand from one to five 20 cubic yard containers at the 75th Street collection point. The South Beach location at 6th Street has remained fairly constant and only demands one 20 cubic yard container. The current total volume of bulk waste being collected on the first weekend of every month is around 120 cubic yards, equivalent to around 20 tons of waste by weight. Other mitigating measures taken by the Administration include: Enhanced Code Compliance efforts; I ncreased Police enforcement; Partnership with Teen Job Corp; and Include in the current Request for Proposals for Residential Solid Waste Collection an add alternate bid item to provide a monthly bulk pick up vice the four pick ups a year provided under the current contract For your information, in order to obtain a permit for the facility, as part of a consent agreement with DERM, the City just completed the screening of the existing berm soil at a cost of $161,000. In addition to the berm screening costs, the total estimated cost to permit and make construction improvements to operate a Green Waste Facility only, is $200,000. Reopening of the MRF to accept bulk waste will require us to obtain a waiver from the Florida Department of Environmental Protection (FDEP). We anticipate incurring legal fees to obtain this waiver in the amount of $50,000. In addition, we expect to incur construction costs in the range of $500,000 to $750,000 to make modifications to the facility. This construction estimate is only an order of magnitude estimate based on previous discussions with the County Department of Environmental Management and FDEP, it is not an engineering estimate based on a basis of design criteria. There is a demonstrated increase in illegal dumping that has occurred since the bulk waste option was removed from our waste facility. Efforts to mitigate have only been partially effective to date, We will continue to monitor and report back to the Commission on the growing illegal dumping issue. Further, we will continue to adjust our mitigation measures to address this problem. Unless I hear from you differently and since the current direction from the Commission is to use the facility for green waste only, I intend to obtain an operating permit from DERM for a Green Waste Facility. Please feel fr~~ontact me if you have any other concerns or questions. JMG\RCM\~ , F:\SANI\$ALL\ALZ\L TC\lllegal Dumping L TC.doc ;,,) -i 0 .&:- =c :.0 ~_... <::I rn ' . r- <: ill I'\,) 0 ~ N ;11 :;r. c,,-i ;ba < c ::r: - m .." - .." .. 0 n N f"'I'1 \0 Miami Beach Public Works Department LOCAL CITIES SOLID WASTE COLLECTION SERVICES COMPARISON December 3, 2004 Type of Yard Bulk Total Monthly Cities Service Waste Waste Cost Coral Gables Back door Once a week Once per month $ 45.83 Twice a week at $50 per item Miami Beach Back door Twice a week Once a month $ 41.47 (Proposed) Twice a week unlimited Village of Key Biscayne Curb side Twice a week Once a month $ 41,67 Twice a week Miami-Dade County Curb side Twice a week Twice a year $ 33,25 Twice a week North Miami Beach Curb side Twice a week Twice a month $ 35.35 Twice a week Miami Curb side Twice a week Depending on area $ 27,08 Twice a week About Waste Manaaement Local Management, Local Emplovees While the vast resources of Waste Management have made it the most recognized company in the industry, it is important to understand how decisions that will affect Miami Beach are made. In a word, the answer is "locally". All decisions affecting the South Florida Market Area {which includes the tri-county area of Miami-Dade, Broward, and Monroe) are made by the local management team, and all operations are conducted and managed by local emDlovees. These are people who live in, work in, care about, and support the local community. The people who work in Miami-Dade County, and the people who help out in times of emergency, such as when Miami Beach requested emergency assistance with cleanup and recovery efforts in the aftermath of the busy 2004 hurricane season. Disposal Facilities Waste Management owns and operates the ONLY private class 1 landfills in Miami-Dade and Broward Counties: Medley Landfill (Medley, FL) and Central Landfill (Pompano, FL). The capacity of our landfills is such that Waste Management can service the residences in Miami Beach along with hundreds of thousands other local customers for many years in the future, well beyond the terms of the franchise agreements. Yard Waste ProcessinG and RecyclinG Facilities In addition to the above, Waste Management also owns and/or operates four (4) local yard waste processing facilities, one each in the Cities of Hialeah, Homestead, Davie, and Pompano. The ability to process yard waste and recycle it for other end uses such as mulch, ground cover, etc., at its own facilities means that the City of Miami Beach's "Green Waste" will be put to good use. IRFP No. 48-03/04, Waste Management Inc. of Floridal 4.1 About Waste Manaaement Rather than treating Green Waste as a regular municipal solid waste, Waste Management's sites will recycle it in the most environmentally friendly and responsible manner, preserving important natural resources and offering the residents the best solution to their Green Waste handling needs. Each of these yard waste processing and recycling sites is properly permitted to accept yard waste, and each operates in accordance with all local, state, and federal laws, rules, and regulations in an environmentally safe manner, the same way that Waste Management will operate the City of Miami Beach's Green Waste Facility. This is an extremely important point, as the liabilities to the City of Miami Beach in the event its contractor should fail to comply with all relevant regulations can be open-ended. By selecting Waste Management, the City is indemnified of all liabilities in this otherwise risky area. What's more, the indemnification is backed by a financially stable and secure Fortune 500 Corporation and undisputed leader in the industry. Waste Management is not an undercapitalized "startup" company with an uncertain future commitment to South Florida, and certainly not a company that would improperly handle any of the waste materials collected from Miami Beach, jeopardizing the City and its residents. Chartered by the State of Florida in 1964, Waste Management has a long history of service in Miami Beach, South Florida, and throughout the U.S., and the company has no intention of "selling out" or vacating the South Florida market. Financial Stability, Strength, and Resources A review of the Waste Management 2003 Annual Report (located in the back binder pocket) and the Corporate Profile Fact Sheet will show the tremendous amount of resources offered by the largest solid waste service provider in the world. No other firm can claim to service over 20 million customers, own and operate over 25,000 collection and transfer vehicles, employ over 51,000 employees, and operate over 800 landfills, transfer stations, waste-to-energy plants, and materials recovery facilities throughout the U.S. and Canada. IRFP No. 48-03/04, Waste Management Inc. of Floridal 4.2 About Waste Management While these resources are an important indicator of overall stability and company capabilities, the City should not lose sight of the fact that Miami Beach residents will be serviced by the local South Florida Market Area Team, making local decisions and using local resources such as: . Over 800 employees in South Florida . Over 500 trucks in South Florida . A local Customer Service Center in South Florida . Local dispatch, repair, and operational support facilities . More local experience than any other hauler in South Florida . The largest management team in South Florida, and . MORE RESIDENTIAL FRANCHISES (directly comparable to Miami Beach) than any other hauler in South Florida With the resources of a Fortune 500 nationwide corporation and the flexibility and expertise of a locally managed operation, Waste Management offers the "best of both worlds" to the City of Miami Beach and its residents. IRFP No. 48-03/04, Waste Management Inc. of Floridal 4.3 About Waste Manaaement In addition to the two (2) local company owned landfills, Waste Management's wholly owned subsidiary, Wheelabrator Technologies, has two waste-to-energy plants in Broward County that can accept municipal solid waste as well. With access to all of the facilities owned by Miami- Dade County as well it's own, Waste Management offers unmatched disposal capacity and locally managed resources to the City of Miami Beach. Yard Waste Processing Facilities In addition to the above, Waste Management also owns and/or operates four (4) local yard waste processing facilities, one each in the Cities of Miami, Homestead, Davie, and Pompano. The ability to process yard waste and recycle it for other end uses such as mulch, ground cover, etc., at its own facilities means that the City of Miami Beach's "Green Waste" will be put to good use. Each of these yard waste processing cites is properly permitted to accept yard waste, and each operates in accordance with all local, state, and federal laws, rules, and regulations in an environmentally safe manner, the same way that Waste Management will operate the City of Miami Beach's Green Waste Facility. This is an extremely important point, as the liabilities to the City of Miami Beach in the event its contractor should fail to comply with all relevant regulations can be open-ended. By selecting Waste Management, the City is indemnified of all liabilities in this otherwise risky area. What's more, the indemnification is backed by a financially stable and secure Fortune 500 Corporation and undisputed leader in the industry. Waste Management is not an undercapitalized "startup" company with an uncertain future commitment to South Florida, and certainly not a company that would improperly handle any of the waste materials collected from Miami Beach, jeopardizing the City and its residents. On the contrary, Waste Management has a long history of service in Miami Beach, South Florida, and throughout the U.S., and the company has no intention of "selling out" or vacating the South Florida ma rket. IRFP No. 48-03/04, Waste Management Inc. of Floridal 4.4 , About Waste Management Financial Stability, Strength, and Resources A review of the Waste Management 2003 Annual Report (located in the back binder pocket) and the Corporate Profile Fact Sheet will show the tremendous amount of resources offered by the largest solid waste service provider in the world. No other firm can claim to service over 20 million customers, own and operate over 25,000 collection and transfer vehicles, employ over 51,000 employees, and operate over 800 landfills, transfer stations, waste-to-energy plants, and materials recovery facilities throughout the U.S. and Canada. While these resources are an important indicator of overall stability and company capabilities, the City should not lose sight of the fact that Miami Beach residents will be serviced by the local South Florida Market Area Team, making local decisions and using local resources such as: . Over 800 employees in South Florida . Over 500 trucks in South Florida . A local Customer Service Center in South Florida . Local dispatch, repair, and operational support facilities . More local experience than any other hauler in South Florida . The largest management team in South Florida, and . MORE RESIDENTIAL FRANCHISES (directly comparable to Miami Beach) than any other hauler in South Florida With the resources of a Fortune 500 nationwide corporation and the flexibility and expertise of a locally managed operation, Waste Management offers the "best of both worlds" to the City of Miami Beach and its residents. !RFP No. 48-03/04, Waste Management Inc. of Floridal 4.5 Waste Management's Miami Beach Manaaement Team The Route Supervisor directly responsible for overseeing operations in Miami Beach is Jonathon Wyche. Mr. Wyche has over eighteen (18) years experience in the solid waste industry, all with Waste Management. Having served in this capacity in Miami Beach for over two years, he is already familiar with the unique operating requirements in Miami Beach, and in fact was the main Supervisor appointed for the emergency debris removal that Waste Management performed for the City of Miami Beach recently. Like all members of the operations team, Mr. Wyche has extensive and continuous training not just in basic operations but also in critical support functions including safety, employee screening, diversity, productivity, and human relations. Mr. Wyche earned an Associate in Arts degree from Miami-Dade Community College and a Bachelor in Arts in Human Resources & Management from Florida International University. He is the front-line supervisor responsible for delivering the service quality rightfully expected in Miami Beach, and along with support and direct assistance from the rest of the team, will ensure "Gold Level" performance from all crews as part of Waste Management's industry leading Service Machine program. Mr. Wyche will be interacting directly with all of the Waste Management work crews in the City as well as with residents and City staff on a daily basis to proactivelyensure 1000/0 satisfaction with all services, and he will be available not just during regular working hours but also nights, weekends, and holidays if needed. (Please see detailed resume at end of this section). At the next level, Jonathon Wyche reports to Assistant District Manager Luigi Pace, another industry veteran with over fifteen (15) years solid waste experience. While employed as Operations Manager by Industrial Waste Service, Mr. Pace was a key member of the management team that implemented the comprehensive curbside recycling program for Miami- Dade County and for the City of Miami Beach. He also served as General Manager in Broward and Palm Beach Counties, overseeing more than fifty residential routes. IRFP No. 48-03/04, Waste Management Inc. ofFlorid~ 5.1 Waste Manaaement's Miami Beach Manaaement Team In his current capacity, Mr. Pace is the "go to" person for several front-line Route Supervisors, including Jonathon Wyche. He is also available at any time for consultation, operations support, meetings, or any other purposes to further ensure effective communications and excellence in service delivery at all times. Luigi Pace reports to District Manager George Ruiz, who has over twenty- one (21) years solid waste experience with Waste Management, seventeen (17) years of which are managerial, and all of which are right here in Miami-Dade County. Mr. Ruiz served as Route Manager for over twelve (12) years in Miami Beach, and was actually directly involved with the first "pilot" program transitioning the residential service from the City to Waste Management when the Miami Beach first began privatization of the residential franchise over ten years ago. In addition, Waste Management was among the first crews to assist with the cleanup in the aftermath of Hurricane Andrew in 1992, and as the project leader, Mr. Ruiz was directly involved in all aspects of that large scale cleanup and recovery effort. He is very familiar with the streets and operating conditions in both the residential and commercial sectors of Miami Beach, and in particular, with the challenging service requirements inherent in providing back door residential solid waste service. Mr. Ruiz will assist in the initial implementation of service at the onset of the new contract, and will remain closely involved from that point on in order to ensure a seamless transition and ongoing continuity in service. Two community relations/government specialists (Alex Gonzalez and Jason Neal) will serve as liaisons to City staff and officials to further ensure timely communications on all matters as appropriate. Mr. Neal has over nine (9) years industry experience, all in Miami-Dade County with Waste Management. Having held various positions including Major Account Executive, District Sales Manager, and currently, Government Affairs Director, he is well rounded and able to effectively interact with a wide range of "customers", whether they are residents, commercial businesses, City staff, or elected officials. A resident of Miami-Dade County for over thirty-five years, Mr. Neal earned a Bachelor's degree in Marketing and \RFP No. 48-03/04, Waste Management Inc. of Florid~ 5.2 Waste Management's Miami Beach Management Team International Business as well as an MBA from Florida International University. Mr. Gonzalez has over thirty (30) years experience in the solid waste industry, primarily with Waste Management. He served as Vice President of several international divisions while he was overseas, directly responsible for every aspect of numerous multi-million dollar operations. This diverse experience and international background provides the knowledge and insight of a seasoned executive while retaining the sensitivity required in dealing with very diverse groups of people. In his current capacity, Mr. Gonzalez serves as Government Affairs Director, and both he and Mr. Neal will interact on a daily basis with City staff, elected officials, residents, and members of the Miami Beach business community. As the largest, most experienced firm in South Florida, Waste Management has a large talent pool from which to call upon in the event of emergencies, vacations, or any other additional coverage needs. Over fifteen (15) experienced and highly trained Route Supervisors are available in South Florida alone. Combined with the additional support from other management levels, there will never be a situation in which Miami Beach is lacking qualified managerial supervision for its solid waste service, irrespective of vacation schedules or other issues. To put it bluntly, the City's residents do not go on vacation just because a Route Supervisor does, and Waste Management proactively deals with such contingencies in order to eliminate problems before they occur. As Market Area General Manager, John Casagrande is ultimately responsible for ensuring 1000/0 satisfaction among all customers in South Florida, including the residents in Miami Beach. In fact, Mr. Casagrande has direct operating experience with this very contract as owner of Industrial Waste Services, the first firm to have serviced and maintained a long-term residential solid waste franchise in the City of Miami Beach. He was directly involved in the initial implementation as well as ongoing day- to-day operations thereafter and is fully aware of the unique needs of the Miami Beach community. IRFP No. 48-03/04, Waste Management Inc. ofFlorid~ 5.3 Waste Manaqement's Miami Beach Management Team With first-hand experience in Miami Beach (as well as over thirty-years (30) industrial experience) Mr. Casagrande will ensure an absolutely seamless service transition for the residents. jRFp No. 48-03/04, Waste Management Inc. ofFlorid~ 5.4 Customer Service and Complaint Resolution Overview Waste Management is a firm believer in the "ounce of prevention is worth a pound of cure" philosophy. The very heart of our "Service Machine" Gold Certification is in minimizing the factors that cause problems before they even occur. Everything from surveying a customer's location to observing the strictest safety standards in the industry to pre-employment and random drug testing to hourly, daily, weekly, and monthly reporting reduces the likelihood of service problems. While the goal is to always deliver flawless service, it is inevitable that there will be at least a minimal number of customer concerns, which in many cases are not necessarily service complaints. Irrespective of issue or fault, however, all customers' calls on the telephone number specially designated as the Miami Beach Residential Hotline will be handled in the most professional manner by well-trained, bilingual Customer Service Representatives from Waste Management's City of Miami-based facility. This nearby facility, located at 2125 NW 10 Court/ is staffed by seven (7) experienced Customer Service Representatives, and is fully operational Monday through Friday from 7 am until 5 pm and, although not required by the RFP, also on Saturday from 8 am until 12 noon. As with most of the RFP criteria items, Waste Management will not just meet the RFP minimum standard for Customer Service but actually exceed it in order to consistently deliver top notch service to the residents of Miami Beach. After the regular Customer Service operating hours referenced above, all callers have the option of leaving messages that will be answered the following day, with complete resolutions. The Miami Beach Route Supervisor is notified of all such calls and will ensure that each and every one is answered, resolved, and tracked. IRF'P No. 48-03/04, Waste Management Inc. of Florid~ 6.1 Customer Service and Complaint Resolution Overview The Customer Service Center is managed by Cheryl Burchette, who has ten (10) years experience in this capacity, all with Waste Management in Miami Dade County. Ms. Burchette ensures that all of the ultra-high standards of Service Machine are met or exceeded, measuring and managing everything from the number of seconds allowed to answer the telephone to a near zero missed pickup rate. As with all employees, Waste Management's Customer Service Representatives are all carefully screened before they are hired, and from then on their training and development is ongoing throughout their careers so that the importance of customer service is never lost or forgotten. In addition, each Customer Service Representative's inbound calls are monitored on a regular basis so that Ms. Burchette can coach the customer staff as needed based on real-life situations and resolutions. Proper call handling is critical to any customer service function, but even more so in the high profile area of solid waste management. The strategy of Waste Management is to first eliminate the need for most calls by being proactive and efficient, and second, to ensure consistent and timely resolution of any customer issues that are called in. After the Customer Service Representative determines the nature of a call, an appropriate and immediate response is initiated. Since the Customer Service Representatives all have direct radio contact not only with the actual Drivers but also Supervisors, Managers, and support staff, the vast majority of calls are resolved while the customer is on the telephone. Real-time Global Positioning System (GPS) capabilities further supplement the Customer Service Representatives efficiency by allowing them to immediately locate the exact location of the residential service Drivers at any given time. Through GPS and other programs, Waste Management utilizes the latest technological advances to lead the industry not just in customer service but also in safety and efficiency. !RFP No. 48-03/04, Waste Management Inc. ofFlorid~ 6.2 Customer Service and Complaint Resolution Overview Should there be an unusual or complex situation requiring more time or a physical site visit, the appropriate Supervisor or Manager is notified and is then held accountable to resolve the issue and subsequently report back to Customer Service the same day, at which point the customer is called back to ensure that whatever the issue or concern is, it is fully resolved. A daily listing of any and all complaints filed and of their dispositions will be provided to the City every day, and of course the entire management team is always available for meetings upon request. Every customer call is tracked from inception to resolution and becomes an integral part of the Service Machine database for follow- up by Management. Statistics are constantly reviewed at all levels, from local to regional to Corporate, and mandatory adherence to the "Gold" standard of less than 1 missed pick up per 1,000 customers. The Service Machine discipline is not optional, it is the only acceptable manner of conducting business at Waste Management. The Service Machine concept and processes are further detailed in the section that follows. Waste Management is confident that, after a thorough review of Service Machine, the City of Miami Beach will agree that this proprietary Waste Management enhanced quality assurance program will deliver service that is second to none. \RFP No. 48-03/04, Waste Management Inc. ofFlorid~ 6.3 CUSTOMER SERVICE PLAN Customer Calls WM's Customer Service Department regarding an issue or a com laint. );::::;:. [@:;. . : ,; . Call is answered by a Customer Service Representative within twent 20 seconds. ~ s:;, i :~. ~ !,~"<;"<..i.r. .:. ",,<<,. "III:~' ..'.d~~;*<<~~~',<,',.... Customer Service Representative @ ,/L h~:~~:~~e~~~~: ~~~~~t~e~II~~; A tl ~t~tf:tt~~ii~it~mi;;;;:if:ii~f:~~i:t:~it~:tt1i~ Questions, etc.) ~~ :;:;==:-*~:;:?m:;:::;:-:s::$j~*;:f?~::~';"==:;:;:;~~::;:;==:~;~::::~~~==..?::::::::;:;?;~:;:;::~:;:::~~::::~::;:~:::::::::::::~;~;~ Customer Service Representative issues a resolution ticket to the appropriate party for action. All customer service activities have discrete deadlines: Commercial Container Delivery = Next Day Complaint = Same Day Container Repairs = 5 Days Emergency Repairs = 2 Days Extra Pick-up = Per Customer Request Missed Pick Ups = Same Day Roll Off Container Delivery = Same Day Site Surve Re uest = Next Da Customer service activity is performed within the deadline by the appropriate party. S:~:~:::~::::~:$:::~:::::::::::::S:::::::~::::$:::~::~::::-::::;::::J~*: ::;:: :>.::~~:;:::~~:~:::.::::?t.*~~:::::~::::~:~:~::::::~::::~$?:::~. ~~:: Customer Service Representatives call customers back on all missed pick up issues. , ' Managers review all service delivery standards on a weekly basis (See Customer Care Section , RFP No. 48-03/04, Waste Management Inc. of Florida 6.4 Community Support Waste Management is not just a "proposer," but a member of the local community. The following is a brief sampling of Waste Management Inc. of Florida's Community involvement through its participation and sponsorship of various civic and community events in Miami-Dade County: Martin Luther King Day Celebration-FL City/Homestead Hose Painting/Beautification Projects-FL City New Years Eve-FL City Circus Event-FL City Senior Ct. Program-FL City Palmetto Optimist-South Dade United Way-Greater Miami AIDS Help-Greater Miami Music Fest Miami Haitian-American Carnival and Parade Salute to the Troops - Miami-Dade Second Wind - Homestead Fourth of July - Coral Gables Arabian Nights - Opa Locka Optimist Club - Opa Locka Thanksgiving Turkey Giveaway - Opa Locka Magnolia Gardens Homeowners Association - Opa Locka Walk for Life - Homestead Five Mile Walk-a-Thon - North Bay Village Boy Scouts - South Florida Council Chamber of Commerce - All Major Chambers including Miami Beach YMCA - Allapattah Big Brothers-Big Sisters - Greater Miami Sunrise Community - Miami-Dade Miami Bach Society - Miami and Coral Gables Miami Project to Cure Paralysis - Greater Miami Coral Gables Crime Watch - Coral Gables Recordings for the Blind- Greater Miami Community Cleanups in Numerous Cities and Throughout County RFP No. 48-03/04, Waste Management Inc. of Florida 12.1