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HomeMy WebLinkAboutR-00-0780J-00-704 8/30/00 RESOLUTION NO. A RESOLUTION OF THE CITY OF MIAMI COMMISSION APPROVING THE ASSIGNMENT OF THE CITY OF MIAMI COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI AND LIBERTY RECYCLING CORPORATION TO PANZARELLA WASTE SERVICES, D/B/A PANZARELLA COMPANIES, LLC, CONTINGENT UPON SUBMISSION OF ALL SUPPORTING DOCUMENTS REQUIRED BY THE NON-EXCLUSIVE FRANCHISE AGREEMENT. WHEREAS, Chapter 22 of the Code of the City of Miami, Florida, as amended, regulates non-exclusive franchises for Commercial Solid Waste services; and WHEREAS, a Non -Exclusive Commercial .Solid Waste Franchise (the "Franchise") was awarded to Liberty Recycling Corporation and approved by the Oversight Board; and WHEREAS, the City of Miami has been advised of the sale of Liberty Recycling Corporation to Panzarella Waste Services, Inc., d/b/a Panzarella Waste Companies, LLC; and WHEREAS, provisions of the Franchise agreement stipulate that the Franchise shall be assignable only upon approval by the City Commission; C°ITY COMMISSION MEETING OF SEP 14 2000 Resolu uop No. 00- 78 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The assignment of the City of Miami Commercial Solid Waste Non -Exclusive Franchise Agreement between the City of Miami and Liberty Recycling Corporation to Panzarella Waste Services, d/b/a Panzarella Companies, LLC, contingent upon submission of all supporting documents required by the non-exclusive franchise agreement, is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!/ �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. �� 78r, Page 2 of 3 0 L] PASSED AND ADOPTED this 14th day of September , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this Iegikation by signing it in the becomes mes effective with the elapse c regarding same, without the Mayor ATTEST: WALTER J. FOEMAN CITY CLERik-On 96 : LB:BSS CTNESS:b- Page 3 of 3 0 0 - 7 ® CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE Of the City Commission SUBJECT: FROM: Q6A Glmene REFERENCES City Manager ENCLOSURES: RECOMMENDATION 38 - FILE Resolution Requesting Approval For Assignability of Commercial Solid Waste Non-exclusive Franchise Liberty Recycling Corporation It is respectfully recommended that the City Commission approve the attached resolution to assign the Commercial Solid Waste Non -Exclusive Franchise Agreement Between the City of Miami and Liberty Recycling Corporation to Panzarella Waste Services, DBA Panzarella Companies, LLC of Plantation, Florida. BACKGROUND On September 28, 1999, the City Commission approved Ordinance No. 11837 establishing the Non-exclusive Commercial Solid Waste Franchise procedure. As a result, franchise agreements were consummated with 18 firms and approved by the Oversight Board in May, 2000. On June 291h, the Solid Waste Department received notification of the sale of Liberty Recycling to Panzarella Waste Services and a request from them to assign the agreement to the purchaser. Article XIII, ASSIGNABILITY, of the franchise agreement stipulates that the agreement shall be assignable, upon approval by the City Commission. The concept of assignability includes any sale of a majority of stock in the franchise or any significant changes in the ownership of the franchisee. This request is consistent with these requirements. �,,41- 7/I9/-"d-11ri'bC CAG/FKR/CP/amm C: Clarance Patterson, Director -Department of Solid Waste 10"' 7�olet u Jun 29 00 04:06p PA 06/29/00 THU 03:38 FAX 1305' (303) 75F -?27& Jerre 29, 2000. City of Miami Departs Attn: Mr. Clarence Pa 290 NW 20th_ Street Miami, Florida 33142 Re: Assignment of Nm Dear Mr. Patterson: We are submitting this Attorney, and Ms. A& May 19, 2000, Our Cos Services. We are respe for in the Franchisc AS If you should have any ELLA CO - rax of Solid Waste sL Director Solid Waste Franchise S54-34S0 54-� - 9483 at the direction of Ms. G. Miriam Maer, Assistant City MacBeth, Assistant Director of Solid Waste. closed on the sale of Liberty Recycling to Pan=ella Waste r requesting the assignment as referenced above and provided questions please feel free to contact us. J-99-783 9/23/9) 3 7 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 Or THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN:'ITLED "GARBAGE AND TRASH", BY PROVIDING FOR NEW DEFINITIONS; PROVIDING FOR NEW REGliLATIONS CONCERNING THE REGULATION OF COMMERCIAL SOLID WASTE HAULERS; MANDATING CITY SOLID WASTE SERVICE TO ALL RESIDENCES CONTAINING THREE (3 ) UNITS OR LESS; CHANGING T iE I;7S T DE _NTTA7 SULKY WASTE CO:,::.C?'IC*i SCHEDULE AND ESTABLISHING RESIDENTIAL SPECIAL COLLECTION SERVICES; REPLACING THE TERMS .UGIMATORY PERMIT AND PERMITTEE WIT: -i NONEXCLUSIVE F'RM� , iISE AND FRANCHISEE RESPECTIVELY MORE PARTICULARLY BY AMENDING SECTIONS 22-1, 22-2, 22-5„ 22-5, 22-12, 22-14, 22-18, 22-46 THROUGH 22-51, 22-53, 22- 56, 22-58, AND 22-93, OF SAID CODE; CONTAINING A REPEALER PROVISION AND SEVERASILITV CLAUSE WHEREAS, the Ci Z:y Commission directed the City Administration to study the methods utilized by various r_:ur:icpa}hies to provide commercial solid waste ser~tices and to seek input from the private hauling industry; and WHEREAS, the City Manager created a Committee consisting of City staff. and private haulers and their representatives to conduct research and workshops to collect this information; and WHEREAS, the Committee's recommendations were approved in principal by the City Commission and the City Administration was d- TEL .• Or t H ,— q 16:52 No .011 P. 03 directed to proceed with said recommendations; and WHEREAS, the City deems it to be in the best interest of the citizens and commercial establishments of the City to provide for a new classification and fees for granting nonexclusive franchises to those persons qualified to provide commercial solid waste services to businesses and multifamily residences; and WHEREAS, it i9 necessary to. amend Chapter 22 of the City Code, entitled "Garbage and Other Solid Waste", to incorporate and reflect said new classification and fee structure; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 22 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars :1' "Chapter 22 GARBAGE AND OTHER SOLID WASTE ARTICLE I. IN GENERAL Sec. 22-1. Definitions. For the purposes of this chapter, the definitions contained in this section shall apply unless otherwise ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall_ be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. - 2 - 00 780 � 0 specifically stated. Bulky waste. The were t• o rm 15:53 No . 011 P . 04 C] "bulky waste" shall mean, but not be limited to, large items of household refuge such as appliances, furniture, accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in length and weighing more than 50 pounds), large crates and like articles whish shalt hQ plarpa out or city rnl 1 gr t i cin by rPai dent i al unit nwne-n i wring fnr e -i t y prvi cp on a weekly ba_ai g- • rzI 0 WE I 1•u 0 We Wel el IzZ oL*MW- NO 0- . • - el - • - - - -UMMETZI • • s • • • • •• n -•W-11MEW •a• •_•- .•- Commercial solid waste advisory committee-_ The WQ;:clg ,cnmmerri al Sn1 i c3 w&grp. advisory commi ttP_p" r4hal 1 •nw-••: •.- .. •nn- s• • - -- -- • . •1{i1 • • - - • • • • • • • • •nup-rc!ial-- -jqnlid Wn 51 t e f irm _ • -• • • . .1•• • �� •• • •- • -Oft It • • • : • - • - - 1 • • - - • L • - to;Ju NO.V11 r.vo t Resider, tial unit. The words tp-m "residential unit,, shall mean any structure used or constructed or modified or adopted for use as a single-family dwelling, duplex, cluster ?housing, townhouse or multiple -family apartment building or other similar structure containing 99,aF rh Pe or fewer residential units, and which is located on a single lot, parcel or tract of land. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple -family building or other similar structure shall be deemed a separate residence. • I Inta4per- Thp tprm • • • • - - • - - • - met -03 • • • • ►11• • • • • • • f2ecialResidential Collection rl,• -More - •It - • - Qtt.. • - - _ - Its- r • • • tt • - • • - •tell *site. M - •• • • •• Specialized waste handl• • - tprrn • - - • 11- •-•--11' •. • • ••. •• 11 -• • • • ••.• G Specialized waste handling permit 7 on ,Oct 1.v 3'? 1b 55 No.011 P.07 Temporaa- - Thp Sec. 22-2. Collection services, container usage, condition and requirements for placement location; airy and nnmmPrrii1 sol id Waite R ry9 r -pg (a.; Garbage from single and x m�fam,' 1 t residences of three units shall be collected.,_ r-onvey d and isnowed of ham_r,gtwice a week. Hours and days on which containers are to be collected shall be as prescribed by the director. Al ed ge"en l.trash, containerized waste, and garbage to be removed by the .city shall be placed at curbside in front of the property for removal by the city as scheduled by the director, in such a manner as not to obstruct pedestrian passage ar im P�2 dpro?,j,ectinn kW ritg fnrrnea, The director may make exceptions.to these rules to accommodate disabled and elderly persons. Each residence in the city shall have a sufficient number 'of garbage cans, plastic bags or portable containers to accommodate all garbage, bundled garden Rmall trash or rubbish to be removed'by the city. (b) Every commercial property, shall utilize the waste collection services of a fra n - i P authorized to perform such services by the director. It shall be the responsibility of the owner, occupant, tenant or lessee of the commercial .establishment to properly dispose of all trash, waste, and garbage generated by such commercial property. Each commercial. property in the city shall have a sufficient number of s -badul adof 7�etti n�- garbage cans, plastic bags or portable containers to accommodate all garbage,.bundled garden trash or rubbish to be removed by the petrmit"e _fra�j,g�g_ Franchisees filial 1 ho reaiii red t -Q nvA all refilap p 1 a ad nr sj) i 1 led within a ten font radi i 2xi 780 TrEL 1,-) :55 Mo .011 P.08 rewmae-rGIEWO-TA Any franrhis °-- providing waste collection services who will be discontinuing its collection service to a commercial property shall give the solid wagrg cndpPnforcPmant diviaio cif the solid waste ciQnaZj:m n and NET service center, for the area where service will be discontinued, at least seven business days' prior notice of its intention to discontinue such service. The permittee fran_his shall additionally mail to the owner, occupant, tenant or lessee of the commercial property a notice that it is discontinuing waste collection services for that commercial property. Duplicate copies of this notice shall be simultaneously mailed by the private hauler to the NET service center for the area where such service will be discontinued and to the department. A commercial property which does not have current waste collection services being furnished .shall be subject to having an administrative service fee imposed pursuant to section 22-93 of this chapter. All food service properties processed organic waste matter as a their waste stream shall provide fo such material a minimum of three times « -61 left Rol « producing raw or major portion of r the removal of per week. rl (h) rnmmprr_ial nta_iners 1 nnated nn n»hl i e- �r � ahal 1 i�P dF± -mPd_ abandoned and will hP YimQ,v d i__ �L� v.. ..w �L.e ...._s.ne �• f e evA%er -.ft r II-W-nf Is in f- f- e% }-�7i a Sec. 22-5. Duty to dispose accumulations. of trash and prevent 7 - �' 70 TEL Oct 13.9') 15:56 No.011 P.09 (b) Whenever it is evident that there is a violation of this section, the enforcement officer may do one or more of the following: Serve a notice of noncompliance, in a form prescribed by the director and approved by the city commission, upon , the owner, manager, occupant,. resident, lessiee, or other.responsible. person by personal service, mail or by posting a' copy in a conspicuous place on the premises where the violation exists. The enforcement officer may proceed with direct removal. as outlined below. The enforcement o`ficer may- (1) Cause a code 'enforcement sanitation civil .violation notice to be issued, in a form prescribed by the director and approved by the city manager, upon the owner, manager, occupant, resident, lessee, r_=--ttee frAnChitee or other responsible person by personal service, certified mail, or by posting a copy in a conspicuous place on the premises where the noncompliance exists. If said non compliance has been found to exist by the city manager, or the city manager',s designee, such finding and determination shall result in an administrative service fee being assessed for such noncompliance in the amount set forth in section 22-93 hereof, with said fee being, assessable for each day the noncompliance exists until the condition or conditions resulting in such noncompliance no longer exist. Sec. 22-6. Littering and dumping prohibited; dumping or burying waste without proper authorization; illegal dumping in area bulky waste transfer stations; engaging in business of 'solid waste collection without. franr_hiRp; declared public nuisance; presumption. (e) It shall be unlawful for any person, franchisee, firm, corporation or other legal entity to collect, remove or transport any solid waste material for compensation from any location.or premises within the city without first having been granted a I tL Uc t 1 'a'a 1 h : 56 No . 01 1 P.10 ® ! petcmit- nnnP_xc-1 ur i vQ franc -h i se by the department. (f) 2t shall be unlawful for any person, firm, corporation or other legal entity to utilize the services of any commercial solid waste collector who does not have a valid city solid waste peiemit nnnexrI us i vP f ranr_h i RP , Sec. 22-12, Waste fees. i w (a) An annual waste fee. nar rPgiiontial unit', is hereby assessed upon all city serviced residential units as defined in Section 22-1 and as set forth herein. These fees shall apply to resideatial $ All Bi ngl a andm1311-i fami ly resi denrea of t brPQ units or l Pas within the city _e#—eetwi eed by pEivate and shall serve to defray the cost of waste collection and disposal. Effective October 1, 1999, the city may utilize the uniform method of collection pursuant to Chapter 197 of the Florida Statutes, whereby residential unit owners shall pay for residential solid waste collection services on the tax bill, in accordance with the provisions of Chapter 197 of the Florida Statutes, as amended. if the city elects not to use the tax bill collection method then one-half of said annual fee amount shall be due and collectible on January 1 and on July 1 of each calendar year, beginning January, 1999, as follows: (c) Notwithstanding any code provision to the contrary, commencing effective October 1, 1987, said date reflecting the date when the city was fully performing the services set forth below, an annual. Fee is hereby assessed against all provision of public right-of-way cleaning services by the city in accordance with the following schedule of services set forth below. "Daily" as used in this subsection means weekdays, Monday through Friday.. * t f (4) Sidewalks in the city will be cleaned en a T", 04:t 13'?'a 1� N0.011 P.11 • • daily bae as needed. Sec. 22-14. City and commerCial collection. of solid waste. (b) The director may authorize the collection of solid waste by commercial solid- waste collectors if it I is a commercial account as sueh }a defined 4),y In this chapter. If private collection is authorized, the contract with' the commercial solid waste collector shall include garbage, trash and bulky waste collection anti the nnnbP_r of nnl 1 action days eek. In addition, the contract must specify a container or containers of sufficient capacity so.as to avoid overflowing conditions with a minimum twice per, week collection; two true and accurate copies of said contract shall be furnished to the director. The container must be capable of holding a minimum of one week's collection of solid waste for the number of units nr size azd activity of husiness Pa _ahl i ahmc-nt being served. All equipment.utilized by a licensed and rmieeed franc is d private hauler shall comply with the requirements and provisions of.this chapter. All containers shall be screened from the direct view of the adjacent proPe'rty owner. The department reserves exclusively the right to collect solid waste from any city governmental facility, or any facility constructed or erected on city -owned or leased property, regardless of location. t Sec. 22-18. Responsibility for removal of certain waste; collection and disposal of 'furniture, appliances., etc. (b) Wae4&e S@Pcial RAairlPnrial' C•nllArt-inn ma teua.l shall not be permitted at curbside until advance arrangements have been made with the department for its removal. Baeh residential picepetcey shall he entitled se €etas= bulky waste —eel-eetigne-peE g. k". 'The cost of any addifaienal bulky waste rp=ial cnl l ort iQn will he prnvi capa by_t_hr - 10 i Jrr 1;; q� 1h:5:3 N0.011 P.12 dapartm n and Dayment in the farm of a cheQk_iaust_be rerniyed ion- to the rallentinn and shall be charged to the property from which the additional collection is made. she addlr.I=-eealeel feet key--is- During the week of, and n= prior to the eyenina b ar he scheduled s� ec�i alresidential collection date, all lard trash andL= bulky waste shall be placed on the parkway between the sidewalk and the street pavement or along the curbline when it is immediately adjacent tc the sidewalk in front of the property from which the trash: originates where it will be easily accessible to the trash collection trucks of the city, but not in the traveled way on the street, road or alley. ;Rwijey waste ehall not be plaeed -4&21 alley %4tzi�e�irz--tie appFexixal ef- tAie tie - The director shall have the fall authority to designate the location or time of placement of j,a=P end small tragh bulky was e anei a,ac-i al rea-z i ripnt i a 1 col 1 art i nna other than as described in this section, whenever unusual circumstances arise or, in the director's discretion, it is believed that additional or alternate areas or times are necessary. (c) All property owners or occupants serviced by the city shall have two options for disposal of their small trash and tree shrubbery trash. Owners or occupants of property may either containerize garden trash or bundle tree and shrubbery trash for city collection along with gar_haaA or the owner or occupants may transport such material to m + yard t•rarah managerntant fari l i ty nn Vi Qini�a Ker Material which is containerized or bundled shall be placed at curbside no sooner than the evening prior to the acnedilled garbage collection day. M (e) City pickup procedure for bulky waste and sperial residential enll ions• Bulky waste as defined herein will be collected by the department only from city -serviced accounts scheduled on a agroftem date with 1 -he Accavnt and in accordance with C� J paragraph (f) (4) below. IN . _r* 1 in: )�j No.VIl N. 155 • ARTICLE I=. Regulation Of'Persons Engaced In Commercial Waste Collection Sec. 22-45. Engaging in business of solid waste collection and disposal; issuance of nnnexcl tra iye f nch ' a aarP _m nt to private solid waste collectors. (a) No person, firm or corporation shall remove or transport any solid waste material over the streets or public rights-of-way of the city or its real property for hire or salvage without first applying for and receiving a .permit- n nPxri usi vp frAnrhigga from the department. to carry on such a business. The pe-zw4-$-,- nnn xr /sivt- franrhi-ge required by this section shall be in addition to any occupational ninel, other licenseL%l which otherwise may be required by law. A gem nnr•Pxc 1,ojy franchise will not be granted to a commercial property for the sole purpose of hauling the solid waste material of its own tenants or occupants. "IEFF• s- - • • . - • WoMF . - q - • • • • • • - . • • • • - • • - • - • -IP• • • • • - •• i 11.Paget` • - •t1/1 - - �• •• • •11 11. • 1111 - • .. • - • • - _ • ♦ • • • • • - • • - - 12- . I"L Uc! 13'99 1h::5'? N0 .011 P.14 0 • Sec. 22-47. Application for _,__ nnnex 1 ur,j ye f3 -an_ hi .9P , Applications for a reg iettze l per -mi -t- nn_ PxC1�j=Q franchia_ shah be made to the department upon such form and in such manner as shall be prescribed by the director- eaid `e-- to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the department ( 3) Equipment and method of operation. The applicant for a pet -.m4~< firaannhi se shall possess equipment capable of providing safe and efficient service. All v hirlPi4 usgAd by franchi s (s) ,ander t, he frannhi as $9rpPmPnt ( j ar:rPaiii r_ P -d to he ina a tar3 by the ri t -x annyal ly no later. than N in b 1' of evary gPa� __ny vehi c-1 px; a��� ter ei af said date must he i ns%pert cH by t P City prior to it -ca 14tiliza ion- All szd meet-„ im 1� udinv ei11Mpgter, Tama1 1 and 1 a g cnn ai nj-rn jrQ Offs_ rmiat_ be _i ns� er ;odand ign el a nitv ae[-al nrinr to u-sa under -said frau hiae agrQPmen (a)_ In making such a determination and approving the method of operation for each applicant, the department shall require the following information: g ._---....-. 4k, Naha 00 MM Sec. 22-47. Application for _,__ nnnex 1 ur,j ye f3 -an_ hi .9P , Applications for a reg iettze l per -mi -t- nn_ PxC1�j=Q franchia_ shah be made to the department upon such form and in such manner as shall be prescribed by the director- eaid `e-- to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the department ( 3) Equipment and method of operation. The applicant for a pet -.m4~< firaannhi se shall possess equipment capable of providing safe and efficient service. All v hirlPi4 usgAd by franchi s (s) ,ander t, he frannhi as $9rpPmPnt ( j ar:rPaiii r_ P -d to he ina a tar3 by the ri t -x annyal ly no later. than N in b 1' of evary gPa� __ny vehi c-1 px; a��� ter ei af said date must he i ns%pert cH by t P City prior to it -ca 14tiliza ion- All szd meet-„ im 1� udinv ei11Mpgter, Tama1 1 and 1 a g cnn ai nj-rn jrQ Offs_ rmiat_ be _i ns� er ;odand ign el a nitv ae[-al nrinr to u-sa under -said frau hiae agrQPmen (a)_ In making such a determination and approving the method of operation for each applicant, the department shall require the following information: g (4) rneurance requirements. 1 59 No.011 P.15 a._ The applicant for a petaRqit Fral:2rhiggi, shall maintain insurance as specified herein and shall furnish.a public liability policy to the department and also file with the department a certificate of insurance for the policy written in the applicant's name. The certificate shall provide that the policy contain an endorsement requiring that the department shall be furnished with ten days' notice by registered mail.�prior to cancellation or material changes ir_ the policies. The applicant shall carry in the applicant's own name an automobile liability insurance policy covering the applicant's operations w46th a combined single limit of GGG �i.00 000-00 per occurrence for bodily injury and property damage liability. The city rhall he israrl as n additional JnAu rPd for liahility— ai . • • • • • •-T4MffF• /l • ltl N • GA • - ••• •v• ••• •- •111• • • • 11X • • • • It i (6) Limitation on hours of operation. Private waste collection operators =:=-Reed frAmr-h!Aed by the city shall service their accounts, , locate within Zoo of reaiden ial distrir_ts only between the hours of 6 -!GG 7:00 a.m. and Via. 10"00 p.m.., except as determined and defined by the director_ Pr de -f - In- ed bolew r .. a— Genu-' a :r --business— di-etrieb! regi ng ae—� a }tree pee ietr o f Biee_,- �f" _ j. eaer:eLcl y r i ghle—e f way —line of ;msetmefaate 14 00-, 780 3 -• L'� J J j 1. I\V .'J L 1 I . l `J ei b- CSM Commercial corridors as determined by the director. Sec. 22-46. Denial of Should the director deny an application for a perfa�t franchise, the applicant shall be notified of such denial by certified mail not later than 14 .days after the director takes such action. The notice of denial shall contain a statement of the reasons why the application was denied. Sec. 22-49. Appeal from the departmental denial of franchi ee; appeal from revocation Of pe,-cmit frannhIgA. (a) The denial or revocation of a franchise by the director may be appealed to the city manager or the city manager's designee. The notice of appeal shall be filed in writing with the director no later than 24 days after the receipt of the certified letter advising applicant of the denial or revocation. (b) The director shall fix the date and time for hearing the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city manager or the city manager's designee shall either affirm the decision of the director or direct the director to issue or P WIN ei b- CSM Commercial corridors as determined by the director. Sec. 22-46. Denial of Should the director deny an application for a perfa�t franchise, the applicant shall be notified of such denial by certified mail not later than 14 .days after the director takes such action. The notice of denial shall contain a statement of the reasons why the application was denied. Sec. 22-49. Appeal from the departmental denial of franchi ee; appeal from revocation Of pe,-cmit frannhIgA. (a) The denial or revocation of a franchise by the director may be appealed to the city manager or the city manager's designee. The notice of appeal shall be filed in writing with the director no later than 24 days after the receipt of the certified letter advising applicant of the denial or revocation. (b) The director shall fix the date and time for hearing the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city manager or the city manager's designee shall either affirm the decision of the director or direct the director to issue or : i 111 N,D .011 P. 1.7 reinstate the perm3-t f an _hi nn. Sec. 22-50. e ie}e regiaY-mat-ien neo. Fran—hi s f•ees.;, Pormi r .Ptur Ac--c-Cunt _ .1 AMN 1110110 A- MINOR _• • - �. - t _ • •SM- t1- • • •. - • •In• • • • • • • It - • - Ktl • • • • - • - 11 - • - • • • - • - • - - IM • •• • ■tl - • - • • • •- - • _ . - - Sec. 22-51. Rene�va!—a4 Pemi Rr+i rnhursement fir },n pd ! art i on of hermit and 1 i AnRQ . 1 shall b6 sub _0 the gee as --set- €e!V-t-h in—eee�en 22--59— In the event that the city elects to utilize a franchise system for commercial solid waste .collection, those commercial solid waste collectors who possess a valid regulatory, permit and occupational license -at the timesuch system is implemented, and are not granted a franchise permit, shall be reimbursed for the unused portion of said - 00' 780 �" IES permit and license. * t # Sec. 22-53. Information required of f rsanr_hiae= w 17:01 No.011 P.18 4 ,L& -Ll- At least annually, but not more frequently than quarterly, as determined by the director, each franclliREP shall supply the following information on a form and in the manner prescribed by the director: Sec. 22-56. ,r fee requirement; monthly fee payment; approval by director as a prerequisite to issuance; financial statements, list of accounts- ars hunt e armi t fees; rQl l" -cif f �F+rmi t f PPs . Sec. 22-58. Revocation of peimmit nonexclLsive franchiRe. - F I :02 Na . 01 1 P . 19 _UL The violation of any of the. terms and conditions of this Code which endanger the public health, safety and welfare or the violation of any of the terms and conditions of the pevmit- franchise shall be cause for revocation of a pest fran. Sr -L The director may revoke a p eimmit franr-hine for a violation or violations as. aforementioned and may immediately declare such pew 'f an hasp null and void, and upon such declaration, pe tQ f ranchiage shall immediately cease all operations, and shall be ccnsi6ered to have forfeited said perms franchIsf, and the rights acquired,' thereunder. Should the director decide to revoke a pei%l4:t, franghige, he14 P shall provide the -er-ffi tte franrh+aAP with notice of .such revocation and the reasons therefor. Upon receipt of such notice, the petemittee franr-hi ne may appeal said revocation to the city manager or the city. manager's designee and the appeal and hearing thereon shall be conducted in accordance with the procedures set forth in section 22-49. .. ARTICLE Ill.. Sec. 22-93. ENFORCEMENT AND ADMINISTRATION c w Enforcement and administrative fees. (d) Civil penalties assessed pursuant to this article.are due and payable to the city on the last day of the period allowed for the filing of an administrative hearing.before a hearing officer, or if proper appeal is made, when the`appeal has been finally decided adversely to the named violator. The amount of such penalty assessed shall constitute and is hereby imposed as a lien against the subject property with equal rank and.dignity of any other special assessment liens. Penalties for violations of the provisions of this article shall be assessed in accordance with the minimum administrative fee schedule as set forth below: 00 ActalConditions of Noncompliance x Oct 13199 17:02 ,N,).1"11 P.20 Section Fee (Subsection) Failure of franchisee to remove $75.00 22-(b) container(s) from discontinued acdounts city provision of service to $250.00 22-(b) discontinued commercial/multi-family Eroperty Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section S. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases.of goods and supplies and to generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote 19 - 780 �Ov TEL Oct 18'9' 1':03 No .011 F.' of not less than four-fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.? PASSED AND ADOPTED BY TITLE ONLY this 2gth day of September 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec, 2-36, sines the Mayor did riot indcafe appnNW of ,gislation by signing it in the designated place pmvideed, said iegfsiation now u"omes affective with the elapse of tsn (10) days from ;he data ^mm;ssicn regarding same. * thotrt the Mayor exercis' e. ATTEST: Wa tw J. Deman. City Cie* �,IALTER J. FOEMAN CITY CLERK APPROVED,. X18 CORRECTNESS 000* '-� if the Mayor does not sigj this Ordinance, it shall become effective at the end of ten calendar'daya from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto.by the City Commission. • CITY OF MIAMI • COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI A0 Liberty Recycling Corporation THIS AGREEMENT ("AGREEMENT"), made and entered into this Is t day of October , 1999 by and between the City of Miami, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "CITY") and Liberty Recycling Corporation, Inc. a Florida corporation, qualified and authorized to dobusiness in the State of Florida, (hereinafter referred to as "FRANCHISEE"). . WITNESSETH:._ - WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the Miami City Commission which amended Chapter 22, entitled Garbage and Other Solid Waste, of the City Code to replace regulatory permits for providing Commercial Solid Waste Services with non-exclusive commercial franchises to qualified firms; and WHEREAS, the City Commission has determined that it is in the best interest of the CITY to issue a nonexclusive commercial franchise to FRANCHISEE to engage in Commercial Waste Collection Services within the CITY; and WHEREAS, the City Manager has determined that FRANCHISEE is qualified to serve in the aforesaid capacity in that it has met the specifications set forth in Request for Qualifications No. 98-99-090 and applicable sections of the Code and Ordinances of the CITY; and WHEREAS, FRANCHISEE is desirous of obtaining a franchise from the CITY . to provide Commercial Solid Waste Collection Services within the CITY as set forth herein; and WHEREAS, the CITY believes that the franchising of the Commercial Solid Waste Services is in the CITY'S best interest and will result in significant cost savings, additional revenues and better services for commercial solid waste customers; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to enter into this AGREEMENT for fumishing Commercial Solid Waste Collection Services within the CITY, as follows: 411 ".' 780 ARTICLE I GENERAL INFORMATION 1.1 Each "WHEREAS" clause set forth above is true and correct and herein incorporated by this reference. 1.2 The ATTESTATION OF QUALIFICATIONS for Commercial Waste Hauling Services, submitted in response to RFQ NO. 98-99-090 by FRANCHISEE is herein incorporated by this reference. ARTICLE II DEFINITIONS 2.1 All Definitions set forth in Section 22-1 of Chapter 22, entitled Garbage and Other Solid Waste, are.hereby incorporated by this reference. 2.2 As used in this AGREEMENT, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: Agreement shall mean this AGREEMENT; as it may hereinafter be amended or supplemented. Agreement Collection Area .shall include all of the CITY, as the boundaries of the CITY shall exist at all times during the life of this AGREEMENT. Biomedical/Biological Waste shall mean any solid waste or liquid waste which may present a threat of infection to humans. The terms include, but are not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste; discarded disposable sharps; human blood and blood products and body fluids; waste that causes or has the capability of causing disease or infection; wastes capable of transmitting pathogens to humans or animals; and other materials which, in the opinion of the Department of Health and Rehabilitative Services of the State of Florida, represent a significant risk of infection to persons . outside the generating facility. Commercial Business shall mean and include all retail, professional, wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. r Commercial Solid Waste Service shall mean the collection and disposal of �,arbage, trash, recycling; solid and processable waste for all business, commercial, industrial, religioils, health, educational, governmental and quasi- 1701Vcrnmental establishments, 111CIltdlng the collection and disposal of Construction and Demolition Dehns. -2- 00_- 780 Commercial Solid Waste shall mean every waste accumulation, including but not limited to, dust, paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant to the operations of Commercial Businesses or multifamily residences. Construction and Demolition Debris shall mean and include all waste requiring collection and disposal, including but not limited to materials which are recyclable, from any construction or renovation site located within the CITY. FR.aNCHISEE, the term "franchisee" shall mean the person, firm, corporation, organization, or entity, duly licensed and permitted to perform commercial solid waste services in the State of Florida and which has been deemed qualified by the CITY to execute this AGREEMENT, including its employees, servants, partners, principals and agents. Gross Receipts shall mean all monies, whether paid by cash or credit, collected from customers for garbage, recyclable, hazardous, industrial, biomedical, biological or solid waste, construction and demolition debris, trash, litter, refuse and/or rubbish collection removal and disposal services rendered, or from any other source related directly or indirectly from waste collection services by the FRANCHISEE, exclusive of taxes as provided by law, whether wholly or partially collected within the CITY, less bad debts. Hazardous Waste shall mean 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. In -Kind Services shall mean those solid waste services provided to identified CITY properties and facilities for which no fees or charges are assessed. Multifamily Residence shall mean and include' any building or structure containing four or more contiguous living units and intended exclusively for residential purposes. .Neighborhood Cleanups shall mean periodic intensive removal of litter, debris and other solid waste material from a designated area of the CITY, initiated or approved by the CITY, its NET offices and/or recognized community based organizations or associations. -3- 00- 7 8U Permit Per Account Fee shall mean the annual charge assessed by the C[TY to nonexclusive franchisees for each account . with whom they contract for the provision of commercial solid waste services. Recovered material shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recyclable material shall mean those. materials which are capable of being recycled and which would otherwise be processed or disposed of as 'solid waste. Recycling shall mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use .in the form of raw materials or products. -. Specialized Waste Handling shall mean those companies whose primary business is limited to collecting and disposing of solid waste that requires special handling and management, including, but not limited to white goods, waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue, yard trash and biological waste, recycling and recovered materials. Specialized Waste Handling Permit Fee shall mean the annual fee paid to the CITY for the right to conduct specialized waste handling services in the CITY.. ,Temporary Roll-Off/Container Permit Fee shall mean the one time charge paid, per account, to the CITY for each large container and/or roll -off utilized by franchisees to provide contracted removal and disposal of waste from commercial construction and demolition, renovation, special waste handling and other similar accounts. Such fee will be valid for a period not to exceed 90 days. ARTICLE III GRANT 3.1 The CITY grants unto the FRAlNCHISEE the continued non-exclusive right and privilege, with related obligations, to provide commercial solid waste services in, under, upon, over and across thepresent and future streets, alleys, bridges, easements, public rights-of-way and other public places within the CITY boundaries, present and future, for contracted multifamily, commercial business, -overnmental, religious, educational, profit and non-profit agencies and/or property owners for solid waste collection and disposal ser�,-ices. 0 0 _ 3.2 The CITY further grants unto the FRANCHISEE the nonexclusive right and privilc,le, with related obligations, to provide solid waste collection and disposal services for constriction, demolition and renovation sites located within the CITY on a contracted basis. ARTICLE IV OBLIGATIONS OF FRANCHISEE 4.1 FRANCHISEE shall be responsible for the collection and disposal of all Commercial Solid Waste. Extra -ordinary material, Hazardous Waste, unacceptable waste, body waste, dead animals, abandoned vehicles and parts, large equipment and parts thereto will not be collected by FRANCHISEE unless specifically required by the generator and agreed to by the FRANCHISEE. 4.2 FRANCHISEE shall make collection with as little disturbance as possible. Refuse containers shall be thoroughly emptied andmaintained in a clean manner. - Any refuse spilled by the FRANCHISEE shall be picked up immediately by the FRANCHISEE. The removal of all refuse within 10 ft. of container will be the responsibility of the FRANCHISEE. The FRANCHISEE will be held responsible for keeping the 10 ft. radius surrounding containers clean and free of waste and debris. 4.3 FRANCHISEE agrees that all containers shall be identified with its name and telephone number and be sufficient in quantity and size to contain material as indicated in the City Code. All containers serviced by FRANCHISEE shall be maintained in a clean and serviceable manner at all times. At no time shall any of FRANCHISEE'S containers be left on the public right-of-way. The CITY, in its discretion, may require an adjustment in the location, pick up schedule or the size of the container(s) if they become an unsightly nuisance, cause a civil violation to occur, pose a threat to the surrounding environment, threaten the health and/or safety of the CITY's population or become unsanitary and/or inoperable. 4.4 FRANCHISEE shall be responsible for creating and maintaining schedules and routes within the limitations and under the provisions of the City Code. FRANCHISEE shall be responsible for providing notification of same to it's customers immediately. 4.5 In cases of natural or man made disasters, the City Manager may grant the FRANCHISEE reasonable variance from regular schedules and routes. As soon as a declaration of an emergency is issued by the Mayor, FRANCHISEE shall be expected to secure its containers in order to prevent hazards and/or threats to public safety and health. As soon as practicable after such disaster, the -5- 0 FRANCHISEE shall advise the CITY and its customers of the estimated time required before regular schedules and routes can be resumed. 4.6 FRANCHISEE shall make its customers aware of Nfiami-Dade County's mandatory_ Commercial and Nluiti-family Residence recycling ordinance and shall make services available for contract. 4.7 FRANCHISEE agrees to collect and dispose of the solid waste at designated CITY buildings and properties, free of charge, pursuant to the City Code, as assigned by the Director of the Department of Solid Waste, annually. In-kind service assignments will be made proportionate to FRANCHISEE'S percentage of total contracted commercial accounts in the CITY. This paragraph shall not apply to a FRANCHISEE who exclusively collects recyclable/recoverable materials or other Specialized Waste. 4.8 FRANCHISEE agrees to .collect and dispose of waste generated at assigned Neighborhood Cleanups in proportion to the FRANCHISEE'S percentage of the, total franchise fees paid to the CITY. Such assignments are to be established by the Director of the Department of Solid Waste on an annual basis. This paragraph shall not apply to a FRANCHISEE who exclusively collects recyclable/recoverable materials or other Specialized Waste. 4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a valid Commercial Driver's License, for the type of vehicle being operated; that the CITY may request the dismissal of any employee of the FRANCHISEE who is wanton, negligent, or discourteous in the performance of his/her duties; and that no person shall be denied employment by the FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion. 4.10 FRANCHISEE is required and hereby agrees. by execution of this AGREEMENT to pay all employees not less that the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended and changed from time to time and to comply with all applicable laws relating to the employment of employees and the -provision of commercial solid waste services. The FRANCHISEE shall have on hand at all times, in good working order, such equipment as shall permit the FRANCHISEE, adequately and efficiently, to perform its duties hereunder. FRANCHISEE shall have available at all times, reserve equipment which can be Put into service and operation within two hours of any breakdown. 4.11 FRANCHISEE a`,rees to strictly adhere to the provisiotis of Section 22-47 of the City Coda which limits private waste collection service to accounts located within -6- 100 feet of a residential district to between the hours of 7:00 a.m. and 10:00 p.m., except and only as determined by the Director of the Solid Waste Department. 4.12 FRANCHISEE is required, pursuant to Section 22-2 of the City Code to notify the Department of Solid Waste, at least seven business days prior, of accounts for which it will discontinue service. 4.13 CONTRACTOR acknowledges that under this Agreement, price controls will be primarily extracted through competition amongst the permitted companies for existing and future accounts. Contractor further acknowledges that any increase in pricing by the Contractor could result in the customer seeking better pricing from another permitted Contractor. Therefore, Contractor agrees that none of the requirements tinder any of the articles of this Agreement, except and to the extent as set forth in paragraph 5.6 below, shall result in an increase of pricing to the customer. The Contractor may, however, increase service charges as a result of . increases in operating costs such as tipping fees, labor and other related operating costs. ARTICLE V FRANCHISE FEES 5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in ARTICLE II, DEFINITIONS, of this AGREEMENT within specified time frames. 5.2 FRANCHISEE agrees to remit to the CITY 20 percent (20%) of its Gross Receipts. Accompanying the remittance FRANCHISEE must provide the CITY with a list of the customers' names, addresses and total amount collected. FRANCHISEE agrees to maintain a second list which reflects individual account charges which must be retained for a period of 48 months and available at all times to CITY auditors. Twenty percent (201/o) of the total amount collected should equal the remittance amount. The remittance of the previous month's collection should be received by the CITY no later than the 20`h day of the following month. Failure to remit by the 20" day of the following month will cause the FRANCHISEE a one percent (1%) penalty per month on the balance due. The balance due will be calculated based on the last three months remittance. If payment is past due in excess of 120 days, the Solid Waste Department will initiate its procedure to revoke the FRANCHISEE'S franchise. 5.3 FRANCHISEE shall, on or before 30 days following the close of each fiscal year, deliver to the Director a certified statement of its annual gross receipts generated from accounts within the CITY for the preceding year. - 7 - - 780 5.4 In addition to the fees enumerated in paragraph 5.2 above,.FRANCHISEE agrees to remit to the CITY annually, the sum of $5,000.00 for the right to be a non- erclusive franchisee for commercial solid waste services within the CITY. 5.5 In addition to the fees enumerated in paragraph 5.2 above, FRANCHISEE agrees to remit to the CITY annually, the sum of $1,000 for the right io provide Specialized Waste Handling Services with the CITY. 5.6 FRANCHISEE agrees to remit.to CITY a Permit Per Account Fee in the amount of $ 100.00 for each account contracted with for Commercial Solid Waste Service of which $48.00 may be passed on to the Commercial Business. This fee shall not be transferable. 5.7 FRANCHISEE agrees to remit to CITY a Roll-Off/Container Permit Fee in the amount of $50.00, 'per account, .for each temporary (not to exceed 90 days) roll- off/container(s). utilized by FRANCHISEE in the course of its provision of construction, renovation_ and demolition material collection and disposal for. ARTICLE VI AUDIT AND INSPECTION RIGHTS 6.1 The CITY may, at reasonable times, and for a period of up to four. (4) years following the date of final payment by the FRANCHISEE to CITY under this Agreement, audit, or cause to be audited, those books and 'records of, FRANCHISEE which are related to FRANCHISEE'S performance under this Agreement. FRANCHISEE agrees to maintain all such books and records at its - principal place of business fora period of four (4) years after final payment is made under this AGREEMENT. 6.2. The . CITY may, at reasonable times during the term hereof, inspect FRANCHISEE'S facilities and perform such tests, as the CITY deems reasonably necessary, to determine whether the goods or services required to be provided by FRANCHISEE under 1. this AGREEMENT conform to the terms hereof, if applicable. FRANCHISEE shall make available to the CITY all reasonable facilities and. assistance to facilitate the performance of tests or inspections by CITY representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the City Code, as same may be amended or supplemented, from time to time. ARTICLE VII INSURANCE AND BONDS 7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public liability policy in the minimum amount of $1,000,000; automobile liability insurance policy covering FRANCHISEE'S operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. FRANCHISEE'S certificate shall also include workers compensation coverage. 7.2 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a payment bond, executed by a surety company duly authorized to do business in the State of Florida, which shall be counter -signed by an agent for the company, resident in the State of Florida. The amount of the bond shall be equal to the FRANCHISEE'S previous 12 month franchise fees paid to the CITY or a minimum of $15,000, whichever is greater, as security for the faithful performance of the Franchise AGREEMENT. The surety shall have a rating classification of `B+" and a financial category of Class IV as evaluated in the - current Best's Key Rating Guide, Property Liability. In lieu of a payment bond, the FRANCHISEE may submit an irrevocable letter of credit, .cash,. certified check, treasurer's or cashier's check issued by a responsible bank or trust company payable to the CITY of Miami. This payment bond or alternative shall be submitted to the Director of Solid Waste no later than five (5) business days after approval of this agreement by the City Commission and prior to the execution of this agreement. ARTICLE VIII TERM 8.1 The term of this agreement shall be for a period of five years and shall commence October 1, 1999, and shall terminate on September 30, 2004. The AGREEMENT shall become effective upon execution by the parties hereto. ARTICLE IX DEFAULT 9.1 If FRANCHISEE fails to comply with any term or condition of this 'Agreement, or fails to perform any of its obligations hereunder, then FRANCHISEE shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to FRANCHISEE, terminate this Agreement. FRANCHISEE understands and agrees that termination of this Agreement under this section shall not release FRANCHISEE from any obligation accruing prior to the effective date of termination. Should FRANCHISEE be unable or unWillinU to commence to Perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, FRANCHISEE shall he liable to the CITY for all -9- 00- 780 expenses incurred by the CITY in preparation and negotiation of this Agreement, as well as.all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. ARTICLE X RIGHT TO TERMINATE AGREEMENT 10.1 The CITY , shall have the right to terminate this AGREEMENT, in its sole discretion; at any time after the CITY gives written notice to the FRANCHISEE of a default of any of the provisions in this AGREEMENT and the FRANCHISEE fails to correct the default or cease the conduct as set forth in the written notice, within fourteen (14) working days of the receipt by the FRANCHISEE of said notice from the CITY. 10.2 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the City Manager in accordance with the same time period as set ,forth in Section 22-_ 49 of the City Code. Said request for appeal must be in writing: 10.3 All complaints received by the CITY. shall be resolved by the FRANCHISEE within 24 hours. The FRANCHISEE agrees to make all reasonable and expeditious efforts to resolve every complaint. The FRANCHISEE shall perform every reasonable act to provide a level of high quality service which will minimize complaints. 10.4 It is expressly agreed that in no event shall the CITY be liable or responsible to the FRANCHISEE or its customers for delay or temporary interruption in service because of disputes between the parties or any cause over which the CITY has no control. In the event .of any condition which makes performance of contracts entered into under the terms and conditions of this AGREEMENT impossible, FRANCHISEE agrees that the CITY shall have the right to notify other franchisees to invite other franchisees of the opportunity to provide collection and disposal services. ARTICLE XI NOTICES 1 l.1 . , Whenever either party desires to give notice unto the other, it must be given by written notice, sent certified U.S. Mail, with return receipt requested, addressed to the'party for whom it is intended, at the•place last specified anis the place for giving of no..tice in compliance with the provisions of this paragraph. 11.2 For thep resent, the parties designate the .following as the respective places for giving of notice; to -wit: :: -10 00-'780 CITY c/o City Manager 444 SW 2nd Ave. Miami, Florida, 33131 ARTICLE XII INDEMNIFICATION • FRANCHISEE 12.1 FRANCHISEE shall indemnify, defend and hold harmless the CITY and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or _loss of any property arising out of,. resulting from, or in connection . with (i) the performance or non-performance of the services contemplated by this AGREEMENT which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of FRANCHISEE or its employees, agents or subcontractors (collectively referred to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the FRANCHISEE to comply with any of the paragraphs herein or the failure of the FRANCHISEE to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of FRANCHISEE, or any of its subcontractors, as provided above, for which the FRANCHISEE's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. ARTICLE XIII ASSIGNABILITY 13.1 This agreement shall be assignable, upon approval by the City Commission. For the purposes of this paragraph, the concept of assignability shall include any sale of a majority of stock in the franchisee, any significant changes in the ownership of the FRANCHISEE. its officers, directors or personnel. iv? This AGREENIENT shall be binding upon the parties hereto, their heirs, executors, le -al rcpresentativcs; successors, or assigns. ARTICLE XIV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: 14.1 FRANCHISEE understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public' records, conflict of interest, record keeping, etc. City and FRANCHISEE agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances; as they may be amended from time to time. ARTICLE XV NONDISCRIMINATION 15.1 FRANCHISEE represents and warrants to the City that FRANCHISEE does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with FRANCHISEE's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. FRANCHISEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be, excluded from participation in, be denied services, or ' be subject to discrimination under any provision of this Agreement. ARTICLE XVI MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM 16.1. The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE, Program") designed to increase the. volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to,, and receipt of which is hereby acknowledged by, FRANCHISEE. FRANCHISEE understands and agrees that the City shall have the right to terminate and cancel this Agreement, without notice or penalty to the - City, and to `'eliminate FRANCHISEE from consideration and participation in future Citv contracts if, FRANCHISEE, in -the preparation and/or submission of the Proposal, submitted false of misleading information as to its status as Black, Hispanic and/or Women owned business and/or the duality and/or, type of minority or women owned business participation. -,2- 00-- 780 J ARTICLE XVII INDEPENDENT CONTRACTOR 17.1 FRANCHISEE is being engaged as an independent contractor, and not as an agent or employee of the City: Accordingly, FRAIICHISEE shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. FRANCHISEE further understands that Florida Workers' Compensation benefits available to employees of the City are not available to FRANCHISEE, and agrees to provide workers' compensation insurance for any employee or agent of FRANCHISEE. ARTICLE XVIII GOVERNING LAW 18.1 This agreement shall be governed by the laws of the State of Florida, Miami -Dade County and the ordinances of the City of Miami. ARTICLE XIX SEVERABILITY 19.1 Should any section of this AGREEMENT, or any part thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof. ARTICLE XX ENTIRE AGREEMENT 20.1 This instrument and its attachments constitute the sole and only AGREEMENT of the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this AGREEMENT are of no force or effect. 20.2 It is further understood that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dimity herewith. -13- 0- 780 ARTICLE XXI APPROVAL BY THE OVERSIGHT BOARD 21.1 The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time. as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board: IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written.. ATTEST: i alter J. ATTEST: Print ONA. CORDERO Title: Corporate Secretary APPROVE S TO FO ANL} COP N SS: . ND O VILARELLO Ci Attorney `°CITY' _ MIAMI, a municipal Warshaw, City "FRANCHISEE" I TRFRTY RFCYCLING CORPORATLON_ a FLORIDA corporation By. e� Y Print Nam : BRETT KUDLIN Title: President APPROVED AS TO INSURANCE REQUIREMENTS: MARIO SOLDEVILLA Administrator Risk Management -14- 780 WA5TE ,.»• I D-3053261 I i a ACOM. CERTIFICAW OF LIABILITY INSU NCE%PA�r- z I �aoa)crut THIS CERnFIcATC IS I UGD AS A MATTER OF INF ONLY AND CONFERS NO RIGHTS UPON THE CTRTI Oswald Tri.ppe A Co. X141mi HOLDFA. THIS CERTIFICATE DOES NOT AWjW.. O 9200 3 DaciQland Bled, #314 ALTER THE COVERAGE AFFORDED 8Y } ui ami pZ 33156 INSURERS AFFORDING COVERAGE iPhono:305-670-0083 Fax.305-670-4086 oRa cl' aarrmo�vr � atas�L13 A8 �.. COVERAGES THE POLICIES OP M LOAWA UFMQ BKJOW HAVE BEEN I4SCI6D [1� ANY R6CUIRm mc. Tm POR co#or 10N OF AHY =NTRo r OK OTs MAY PHRTAIN. THE NSURANCB AFFORM SYTH9 POLICES OGW PMIMXK •f'^ vATE LIMRS SwowN MAY 34Avg aux REDUCED S1' INSURER A: Zsr:Lch ins M UR K O: Zenith =a IrUMC. moupim c: D NAT O A606E FORTHE POLICY KNOD NDICATFA wNRTNR83PISCTTO.WHF mTHIS CERnFICATEA"Y IS SM1114 7 TO ALL TK TaR.{S. V=USIOWS AAID COt ST^*CgNG box OP SUCH PG2-'02 V4'JV1 9AT3 (M.WOCtre) ` TYPE Of INSURANC9 POLJCY NUll6Efi DATE MMIC DA L MIT$ GENERAL LtANL'K A 5x COUMEMatt36ND�tA1-U�AWLITY CLAIMaX106 X I oGCUR GLO3632135 08/05/99 02/05/01 I EACH OCCURR£NCF -_ 133,000,000 I�DAMAGIOeyom re) 1450,000 MWW(XIrone pow) $5,000 I 14114ONA6 &ADV IXAMY s 3 , 000 000 i z31000,000 11 6EN%AGGREGATZLXffAPVLlE5PeFt OPOW TS.Couft:IPAm $3,000,000 71) 'OLr-Y7 WT LOC JJ pi I AWAUTO B"3632139-00 08/05/99 02/05/01 oMslNs�xuua x3,000,000 Ift WDILYGLAOiY tP- p-aan1 i i X ALLOVMWA M SCHMULED AUTOS X X HOUDAtTTM NOW"EDAUTOS I i bo S�trity ' f fiat' DAMAGE : � Ly RY I AUTO ONLY - EA A=M M7 S A�Lt v�axte^, 9A AGC s AGG s i ANY AU1.OI � E LvjLrtY BACM occuRRo ce s , AGGMd&T5 x xctxa r7 C.AIMS WADE ' s ' a �DucTla<.a j a REteN�1oN s �nl�a,4 CO�IS►TION ANA I 4 x 8 EA°PLoYOWLSA°a'IT'Ir 28734 10/20/98 10/20/99 1 LL6AC„ACCUM R sy00,000. � DlscAalG• B+L a 1.00.'000 i LLDISE41- PC= L"T ssoo 0o0 AITrailer A i cTH� Zaterchaug t C o Li.sbili MP3632139 891836322.39 08/05/99 08 05/99 I 02/05/01 Per Tri. $23,000 02/05/01 Per Vazh- 150,000 MESCRP T ON Of OPlAATOLlILQG UayONS ApDFD EY eNcoPtsemeI9 rAreCYN. PRDV 5xv4s 27-:1987 XkCR TdM WRUCK #2946 :.ERTIFICATE HOLDER N I AGDITIOV A 04aUfd0' .NSUW LBYTHIO CANCELLATION C1=444 SNOIJILDyKYQFTIrCABOVE D65=52oPOLICIMSECANCHl£0SEFMTHE EXpMTIOK DATE Thap=f. TFL 13SUING MURER WILL dNMAVOR 1U MNL i 30 oAY3 TO THE C&RTFICATE HOLDER NAMED TC TRE City of Miami Lair, our, c SHALL !MPOSH NO OBLIGATION OR UAW rr. II:444 SW 2zsd Av* I I Miaatai 7L 33130 AyrwNO _ msacsNTsoaf:tPRls�rrATtvia. ow 2-07-99 t6:99 SOLID WASTE :D�395��61it1 • � ;r/yT"� 1 ! �(j'� Gµ0 Y �. ; � `�...i`-' G" c-.- �be' ny Recycling Corporation 7311 NE 1st Place, Miami, Florida 33138 (305) 759.2273 Fax (305) 757.6646 October 14, 1999 Mr. Clarance Patterson - Director City of Miami Department of Solid Waste 1290 NW 20th Street Miami, Florida 33142 Dear Mr. Patterson: uavnr N10CVCL.Nl: COOP �r As per our conversation earlier, we are preseutdy wonting on getting a Payment Bond in the amount of $15,000 as requested in Article VII of the \onexclusive Franchise Agreement, Sec. 7.2. Our bonding company is diligently working on the bond mquested. We hope to have this for you within the next week. As per your instruction. included is a check in the amount of $15,000 that will serve as good faith that our application will be accepted. Once we receive the Payment Bond from our bonding comp=y we will provide you with the Payment Bond. As mentioned by you, this check will not be deposited by the City of Miami and once we provide you with the bond, it will be returned to us. We greatly appreciate your understanding in this matter and we look forward to doing business with you and the City of Miami. Controller - Secretary UBERTY RECYCUNG CORP. P91/02 1.358 PAY DATe °NOi" O6S t 5, *so um (2) 4.! DOLLAR! esu r tusk LIMON PLANTERS BANK FOR �l . rr : ��;J &WIQ d 1000 13 Sa10 1:06 70084 :41: 1' 20 500CR ?6 31' 00- 780 ilow U9 UU U2: 04p PANZHR5!-LH CO. i tit `■ ATE: 02/28/00 TIME: 10:14 AM TO: BRETT KU©LEN ■ 954-349- 9483 0 P.I PAr6: 001-001 To: Brett Kublin Fax Number: +1(954)9896033 Dept: Liberty Recycling Date: 2/28/00 Subject: Request for Corporate Resolution Time: 10:14:44 AM Need to confirm that a reminder was sent last week regarding the City Attorneys requirement for a corporate resolution confirming that the individual who signed the Franchise Agreement was duly authorized by the Board of Directors, if a Corporation. f`+�r Ud. OU UL': 04p PRN LHIILLLH CO. y5 - 34y - 9483 P-2 %ibiriy Recycling CorporationLIBER;� 7311 NW 1 Place tw iami, Fl_ 33138 _:;,.:;:,, T^: The Cite of ^4latn; Dade Co. Florida Attention: City Attorney This letter is bcir�g written in order to Confiaiii that the signature on tulle Franchise Agreement between Liberty' Recycling Inc. and City of Miairni belonged to tie'1'resident of the corporation and has the company's highest level oil authorization to sign, all legally binding documents concerning this company. if there are any questions please feel Lee to call me at k/305)'17 5 -0, 22178 you for your, prompt attention regarding this matter. Skicerely, / �, . g��, WI& 'gibe Saving Vice = 71'resident 00 1`i80