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.
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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,
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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\~ ,
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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.
~
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i
:~.
~
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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