HomeMy WebLinkAboutCC 1999-03-30 WorkshopW
FRANCHISE AGREEMENT
BETWEEN
CITY OF MIAMI
AND
For Furnishing Exclusive Commercial Solid Waste
Collection Services
This is an Agreement between: CITY OF MIAMI, a Florida municipal corporation,
(hereinafter referred to as "CITY"),and INC., a Florida
corporation, its successors and assigns, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the CITY is in the process of improving its revenue streams and levels
of service to its constituents; and
WHEREAS, as part of this process, the CITY has reviewed the current method of
commercial solid waste collection and the CITY requirements for private solid waste
haulers; and
WHEREAS, the CITY has determined that the current method of paying and
reporting franchise fees and providing commercial collection services is inefficient; and
WHEREAS, the CITY currently has provisions for licensing and permitting private
commercial solid waste haulers; and
WHEREAS, the CITY is concerned about the lack of compliance with reporting by
these private commercial solid waste haulers and proper and timely payments for franchise
fees; and
WHEREAS, the CITY believes 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 its solid waste collection customers; and
WHEREAS, the CITY will have better control of commercial solid waste collection
services and its properties receiving such services;
WHEREAS, CONTRACTOR is providing commercial solid waste collection services
for the CITY; and
WHEREAS, CONTRACTOR and CITY have competitively negotiated the
franchising of commercial solid waste collection services and the award of this exclusive
franchise to CONTRACTOR in good faith and in accordance with Florida Law; and
WHEREAS, such negotiations have been made to improve the City solid waste
service;
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants set forth, CITY and CONTRACTOR hereby agree to enter into this Franchise
Agreement For Furnishing Commercial Solid Waste Collection Services, for the franchised
areas set forth in Exhibit "A" as follows:
WITNESSETH:
TERMS OF AGREEMENT
ARTICLE 1
DEFINITIONS
1.1. Biohazardous Waste shall have the meaning set forth in Section 403.703,
Florida Statutes.
1.2. Commercial Collection Service shall mean all collection and disposal of
Commercial Solid Waste, other than Residential Collection Service as
hereinafter defined, and shall include, but is not limited to, roll -off container
service, collection and. disposal from commercial and industrial
establishments, all contiguous Multi -Family Dwelling having four (4) or more
dwelling units in a single structure or Condominiums having four (4) or more
dwelling units in a single structure and mobile homes located in mobile home
parks. Such commercial solid waste collections services will be mandatory
for all commercial accounts in MIAMI.
1.3. Commercial Container shall mean all roll -off containers and any container
of one (1) cubic yard or more designed or intended to be mechanically
dumped into a loader packer type garbage truck.
1.4. Commercial Solid Waste shall mean garbage, trash, rubbish, construction
and demolition debris as defined in Section 403.703, Florida Statutes as
enacted at the time of execution of this Agreement, and other discarded
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items resulting from the normal activities of a commercial enterprise,
contiguous Multi -Family Dwellings having four (4) or more dwelling units in
a single structure or Condominiums having four (4) or more dwelling units in
a single structure and mobile homes located in mobile home parks,
excluding Hazardous Waste and Biohazardous Waste.
1.5. Condominium shall mean a unit of any residential condominium as defined
in Chapter 718 of the Florida Statutes.
1.6. Contract Administrator shall be the City Administrator as appointed under the
Charter of Miami or his designee.
1.7. Contract (or Agreement) shall mean this document, including any written
amendments hereto and other written documents which are expressly
incorporated herein by reference.
1.8. Contractor shall mean including its
employees, servants, partners, principals, and agents.
1.9. it shall mean the Mayor and Members of City Commission of Miami.
1.10. Garbage shall mean all kitchen and table food waste, animal or vegetative
waste that is attendant with or results from the storage, preparation, cooking
or handling of food materials.
1.11. Hazardous Waste shall have the meaning set forth in Section 403.703,
Florida Statutes as enacted at the time of execution of this Agreement.
1.12. Multi -Family Dwelling shall mean a residential building which contains more
than one (1) living unit. Multi -Family dwelling shall not include a mobile
home that is in a mobile home park.
1.13. Residential Collection Service means collection and disposal of Residential
Solid Waste, White Goods and Furniture, Yard Trash -Regular; and Yard
Trash -Bulk from up to four (4) contiguous Residential Units.
1.14. Residential Solid Waste shall mean garbage and other discarded items
resulting from the normal housekeeping activities of up to four (4) contiguous
Residential Units.
1.15. Service Area refers to that portion of the Miami area described on Exhibit
"A."
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ARTICLE 2
DUTIES OF CONTRACTOR
CONTRACTOR will collect commercial solid waste from the applicable businesses
and multi family residences in accordance with all governmental rules and regulations in
effect at the time of collection, and specifically agree to comply with Chapter 22 of the
CITY Code. CONTRACTOR shall at the beginning of this Agreements utilize new modern
packer -type equipment (less than one (1) year old) in its collection efforts and shall have
adequate equipment on hand to service the area upon the beginning of this Agreement.
CONTRACTOR shall be responsible for the maintenance of the containers provided for
these services, unless expressly provided for in this Agreement, and shall only be
responsible for collection of commercial solid waste in containers approved by
CONTRACTOR, such approval not to be unreasonably withheld. CONTRACTOR shall
have the ability to make any and all reasonable operational decisions to effectively operate
its business. At the initiation of this Agreement, CONTRACTOR shall provide new
containers (less than 1 year old) for each Commercial Solid Waste Collection Service
Account. Notwithstanding anything to the contrary, CONTRACTOR shall not be
responsible for the collection of any hazardous, biohazardous, or toxic waste.
ARTICLE 3
EXCLUSIVE COMMERCIAL SOLID WASTE COLLECTION SERVICES
3.1. It shall be the exclusive right and obligation of the CONTRACTOR to provide
Commercial Solid Waste Collection Service to all Commercial Collection
Service customers within its service area.
3.2. The CONTRACTOR shall be solely responsible for billing and collecting
from its Commercial Collection Solid Waste Service customers. Only the
CONTRACTOR may provide Commercial Collection Service in the service
area upon the expiration or termination of the CITY permit to any other
hauler. In any event, after October 1, 1999, the CONTRACTOR will be the
sole commercial solid waste collection service provider in the area defined
as Exhibit A.
3.3. The CITY shall use its best efforts to prohibit unauthorized persons from
engaging in Commercial Solid Waste Collection Service within
CONTRACTOR's service area. The CITY shall provide notice to the current
haulers that their license and/or permits are terminated or will not be
renewed when they expire and shall enforce the exclusivity of this
Agreement.
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3.4. A minimum of once a week commercial solid waste collection service is
required of all customers; however, where garbage, as defined herein, is
generated, a minimum of twice per week collection is required. Such service
shall be provided by CONTRACTOR for collection of Commercial Containers
as defined herein. However, where a customer generates one (1) cubic yard
or less per week of waste, an alternate non-commercial container may be
utilized that is approved by CONTRACTOR. Subject to the minimums set
forth above, the size of the container and the frequency of collection shall be
determined between the customer and the CONTRACTOR. However, size
and frequency shall provide that no garbage and waste need be placed
outside the container. Storage capacity shall be suitable for the amount of
waste generated by the customer. The CONTRACTOR shall provide new
containers (less than one year old) upon initiation of service and as
necessary to the customer. Any dispute between the CONTRACTOR and
customer regarding size of container and frequency of collection will be
resolved by a City Code Enforcement Officer.
3.5. Contractor shall not provide service earlier than A.M. or after �P.M.
in residential areas as set forth in Exhibit Al. Contractor shall use best
efforts to not collect solid waste prior to these times within _ feet of
residential properties outside of the delineated areas on Exhibit A-1.
3.6. All Commercial Solid Waste shall be placed in a container, garbage can, or
such other receptacle that is approved by CONTRACTOR. Where garbage
cans are used, they shall be placed at the roadside or at such other single
collection point as may be agreed upon between the CONTRACTOR and the
customer. All containers shall be kept in a safe, accessible location as
designated or approved by the Miami County Building and Zoning
Enforcement Division or the Dade County Health Department and as agreed
upon between the CONTRACTOR and the customer.
3.7. For Commercial Solid Waste Collection Service, the CONTRACTOR shall
offer the customer a written agreement regarding the level and type of
service to be provided and the manner of collection of charges. The
CONTRACTOR shall be responsible for billing and collecting charges for
Commercial Collection Service. The CITY has established a rate structure
for levels of service that is attached as Exhibit B. Payment of the
commercial franchise fee is expressly determined by monies collected
notwithstanding anything to the contrary.
3.8 CONTRACTOR shall spray odor control treatments at a minimum of once a
week in the commercial container and in the event the container odor is not
acceptable, CONTRACTOR and the City Code Enforcement will determine
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if additional collections of containers are needed or additional odor control
treatments are required.
3.9. CITY will enact a containers enclosure ordinance requiring containers to be
screened from sight. The ordinance will require certain minimum
requirements to allow service by CONTRACTOR. CONTRACTOR and CITY
agree to work together in good faith to enact workable container enclosure
requirements.
3.10. CONTRACTOR agrees to provide containers and collection equipment for
quarterly community cleanups in areas designated as Exhibit A2. CITY shall
pay disposal fees and arrange for community volunteers for collection and
placement of waste in Contractors Equipment. CONTRACTOR shall provide
a driver and the equipment to collect and dispose of waste.
3.11. CONTRACTOR agrees to provide service to these municipal locations
attached hereto as Exhibit C at costs.
ARTICLE 4
ASSIGNMENT OF DISTRICT
The Service Area in Exhibit "A" (plus any area annexed in the future contiguous to
the service area) is assigned to the CONTRACTOR for the purpose of providing
Commercial Solid Waste Collection Service to all Commercial Accounts.
ARTICLE 5
PAYMENTS, ANNUAL FEES AND REPORTS
5.1. CONTRACTOR shall collect commercial solid waste as currently being done
by the CITY Permitees. The rates for these services shall initially be as set
forth in Exhibit "B" as initially established by the CITY and agreed to by the
CONTRACTOR..
5.2. The initial rate established will remain the same for one (1) year from the
date of the Agreement, except that the rate will automatically change during
the first year for disposal cost (tipping fee) increases or decreases. Any
increase in the charge incurred by the CONTRACTOR pursuant to this
Agreement as a result of tipping fee increases at the CONTRACTOR's
designated disposal facility, including the imposition of a tax or surcharge,
shall require a simultaneous adjustment in the service fees paid to the
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CONTRACTOR. Such adjustment shall be calculated by the use of a
formula providing for a per month increase to the CONTRACTOR for each
$1.00 per ton increase in the disposal fees. This formula is as follows: for
each $1.00 per ton increase, the cost of disposal will increase $.10. By way
of illustration, a $10.00 per ton increase would result in an increase in the
fee paid to the CONTRACTOR of $1.00 per cubic yard collected a month.
If the disposal fee is decreased by $10.00, that decrease would result in a
reduction to the CONTRACTOR payment of $1.00 per cubic yard collected
a month. Therefore, if ten (10) cubic yards are collected a month, then the
CONTRACTOR will have a Ten Dollar ($10.00) adjustment.
The monthly fee increase for years two (2) through the Agreement's
expiration shall be based upon the calculation of the current payment
multiplied by the percentage change in the Consumer Price Index (CPI) for
all urban consumers, Miami, all items (19_=100) or successor reports as
issued by the United States Department of Labor, Bureau of Labor Statistics,
for twelve (12) months average through September 30th of the preceding
year, such CPI adjustment will be made beginning October 1, 1999, and
each year thereafter. Any tipping fee increase or decrease will be calculated
pursuant to the formula in the first paragraph.
5.3. CONTRACTOR may petition the CITY for a rate adjustment on the basis of
unusual changes in CONTRACTOR's cost of doing business; including, but
not limited to, revised laws, ordinances, or regulations; changes in disposal
sites or such other changes not contemplated at the time of this Agreement.
CITY agrees to a reasonable review of any such petition and shall negotiate
in good faith any adjustments to the price. If the unusual cost is a result of
action taken by the CITY, and the parties cannot agree to an adjustment to
the price, then the parties will select a mutually agreeable arbitrator to
determine what price change, if any, will occur. In the event the unusual
cost is not the result of actions of the CITY and the CONTRACTOR and
CITY cannot agree on an adjustment to the price, then CONTRACTOR may
terminate this Agreement on thirty (30) days' notice.
5.4. The sums billed and collected pursuant to this provision shall be known as
the "commercial franchise fee". The commercial franchise fee shall be
separately delineated on the billing statement delivered to those customers
receiving Commercial Collection Service who are obligated to pay the
commercial franchise fee. The commercial franchise fee calculation shall
not include charges for equipment rental but instead be based on charges
for services and container maintenance only.
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The commercial franchise fee shall be effective from the date of inception of this
Agreement. For the privilege of engaging in Commercial Collection Service in the
CITY, the CONTRACTOR shall prepay the anticipated franchise fees for the last
two (2) years of this Agreement, as set forth in Section 5.5. Until such Prepaid
Franchise Fee Period begins, the CONTRACTOR shall then, no later than the
fifteenth (15th) day of each month following the commercial solid waste collection
service, pay a commercial franchise fee based upon the following formula:
The commercial franchise fee payable to the CITY shall equal
twenty percent (20%) of total monies or equivalent value
collected for Commercial Solid Waste Collection Service. The
calculation of total monies or equivalent value received shall
not include sums received in payment of the commercial
franchise fee. The commercial franchise fee shall not be
charged or collected for temporary roll -off container collection
or disposal service (or both) when provided to an on -going
construction site. However, the commercial franchise fee shall
be charged and collected for all other permanent roll -off
containers collection or disposal service (or both).
CONTRACTOR shall provide the Contract Administrator with the following
information, no later than the fifteenth (15th) of each month after the quarter,
in order to determine the applicable franchise fee:
The total gross billings during the preceding quarter and the year-to-
date total for Commercial Collection Service; and
2. The total gross amount of monies collected or value received during
the preceding quarter and the year-to-date total for Commercial
Collection Service.
3. The service address, frequency of collection, size of container and
monthly charge for each location serviced and the amount collected.
Such information shall be updated on a quarterly basis and acknowledged
as true and correct by the CONTRACTOR in a notarized written certification.
5.5. Prepayment Of Franchise And Other Fees. CONTRACTOR, with the
execution of this Agreement, has provided CITY with
Dollars ($_,000,000.00) as prepaid franchise fees predicated upon the
ion
terms and conditions of this Agreement. The prepayment of franchise fees
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is for the last two (2) years of this Agreement and any additional franchise
fees, as they become due, will be paid as follows. The prepaid franchise fee
credit for the last two (2) years of this Agreement shall be credited to the
franchise fee owed by CONTRACTOR on a pro-rata basis, e.g., the
franchise fee prepaid will be credited on the prepaid amount divided by
twenty-four (24) with any remaining amounts owed by CONTRACTOR to be
paid by CONTRACTOR according to Section 5.4 of this Agreement. Any
monies remaining on the prepaid franchise fee will be returned to
CONTRACTOR. An additional fee has been paid by CONTRACTOR in the
amount of Million Dollars ($_,000,000.00). Such additional fee is
subject to the terms and conditions of this Agreement and is predicated on
the requirement that the CONTRACTOR must collect Eleven Million Dollars
($11,000,000.00) or more in annual gross receipts for three (3) years
otherwise, the additional fee is refundable to CONTRACTOR.
ARTICLE S
TERM
This Agreement shall commence , 19 and shall expire 19nJ101 years
after the annual gross receipts collected by CONTRACTOR in the CITY's fiscal year
exceed Eleven Million Dollars ($11,000,000.00) for that fiscal year. This Agreement will
be automatically renewed for a five-year (5) term, unless, at least ninety (90) days' written
notice of termination is given by either party pursuant to the terms of this Agreement.
ARTICLE 7
GENERAL TERMS AND CONDITIONS
7.1. This Agreement or the rights granted herein, including any portion of such
Agreement or rights, shall not be transferred or assigned without the written
approval of the CITY. With the exception of transfers of stock as a gift to or
among family members, any transfer, sale, or conditional sale of the majority
of the CONTRACTOR's stock or any transfer, sale, or conditional 'sale of the
CONTRACTOR's corporation which results in a transfer of the rights granted
under this Agreement except for Public companies shall be deemed an
abandonment and automatic forfeiture of this Agreement and the rights
granted herein unless the written approval of the CITY is given. The
CONTRACTOR's corporate officers such as its president, vice president,
treasurer, etc., shall not be considered corporate principals for purposes of
this Section. Approval of a sale or assignment shall not be unreasonably
withheld and shall be made on a timely basis.
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7.2. The title to all commercial solid waste collected pursuant to the authority of
this Agreement shall immediately vest in the CONTRACTOR. All
responsibilities for the safe and proper delivery and disposal of Commercial
Solid Waste shall be with the CONTRACTOR while same is in the
CONTRACTOR's possession. The CONTRACTOR may deliver such solid
waste or an amount of solid waste equal to all solid waste collected in the
CITY to a Disposal Facility or Facilities approved by the Department of
Environmental Protection and as determined by the CONTRACTOR.
7.3. The CONTRACTOR shall maintain at its sole cost and expense general
liability insurance in the minimum amount of One Million Dollars
($1,000,000.00) per occurrence, combined single limit bodily injury and
property damage liability. This policy shall name City of Miami, Florida, as
an additional insured. The CONTRACTOR shall also maintain at its sole
cost and expense Business Automobile Liability Insurance in the minimum
amount of One Million Dollars ($1,000,000.00) per occurrence, combined
single limit bodily injury and property damage liability, and Worker's
Compensation Insurance in the form and amounts required by Chapter 440,
Florida Statutes. The liability policy or policies shall state that it (they)
cannot be canceled or restricted without first giving thirty (30) days' prior
notice thereof in writing to the City Commissioners of Miami, Florida. The
CONTRACTOR shall provide the Contract Administrator with evidence of
such insurance in a form or forms acceptable to the CITY immediately upon
execution of this Agreement and on an annual basis thereafter. All
insurance companies must be authorized to transact business in the State
of Florida.
7.4. The CONTRACTOR may provide quarterly reports to the Contract
Administrator explaining any difficulties experienced in street roadway or
account accessibility. If a street or road has become impassable or is
dangerous for travel by the CONTRACTOR's vehicles or otherwise
adversely affects the CONTRACTOR's performance of its obligation under
this Agreement, the CONTRACTOR may advise the Contract Administrator
at any time for review and handling, where handling by the Contract
Administrator is appropriate. The Contract Administrator shalt inform the
CONTRACTOR of the results of his review or handling within a reasonable
time.
7.5. The CONTRACTOR shall not be required to perform collection services
when County -wide natural or civil conditions are imminent and have been
publicly announced by the Miami -Dade County Administrator or the Miami -
Dade County Emergency Preparedness Division.
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7.6. Employees of the CONTRACTOR shall not be required to expose
themselves to unusual dangers in performing their duties.
7.7 The CONTRACTOR may notify the City at any time for an additional rate
adjustment on the basis of an extraordinary and unusual change in the cost
of operations that could not have been reasonably foreseen by a prudent
operator. The City shall approve, deny, or modify the CONTRACTOR'S
request in whole or in part within sixty (60) days of receipt of the request and
all other additional information requested by the CITY. If the CITY does not
grant CONTRACTOR'S request CONTRACTOR may seek binding arbitration
with the CITY choosing an arbitrator and the Contractor choosing an
arbitrator and the two arbitrators agreeing on the third arbitrator.
ARTICLE 8
DEFAULT
Subject to the right of the CONTRACTOR to cure as provided in this paragraph, the
CITY may cancel or revoke this Agreement at any time upon the failure of the
CONTRACTOR to materially comply with any of its provisions. Before canceling or
revoking this Agreement, the Contract Administrator shall send the CONTRACTOR at least
twenty (20) days' written notice of the CONTRACTOR's failure to comply with a material
term or condition of this Agreement. If the CONTRACTOR fails to correct the specified
noncompliance within the time period indicated by the notice (which shall be at least thirty
[30] days from the date of receipt of such notice), the CITY shall have the right to cancel
or revoke this Agreement. Any action taken to terminate this Agreement must be taken by
the City Commission at a scheduled meeting after proper notice and the expiration of any
cure period. CONTRACTOR shall be notified of the date of the meeting at least seven (7)
days prior to said meeting and the CONTRACTOR shall have the right to present its
position to the City Commission at said meeting.
ARTICLE 9
NOTICES
Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by certified U.S. Mail, with return receipt requested, addressed to the
party for whom it is intended, at the place last specified and the place for giving of notice
in compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice, to -wit:
For CITY: City of Miami
c/o Mayor ,Joseph Carollo
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f
3500 Pan American Drive
Post Office Box 330708
Miami, Florida 33233-0708
Copy To: c/o City Attorney
City of Miami
3500 Pan American Drive
Post Office Box 330708
Miami, Florida 33233-0708
For CONTRACTOR:
Copy To:
ARTICLE 10
INDEMNIFICATION OF CITY
CONTRACTOR shall indemnify and save harmless CITY and its officers, agents
employees from any account of any claim originating from losses, expenses, insurance,
damages or liability directly resulting or arising from CONTRACTOR's performance and
non-performance of services pursuant to this Agreement, excluding any claims, losses,
expenses, injuries, damage, or liability resulting or arising from the actions of CITY, its
officers, agents, or employees. The indemnification provided by this Article shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense at CITY's
option, any and all claims and suits brought against CITY which may result from
CONTRACTOR's performance or non-performance of services pursuant to this Agreement.
CONTRACTOR shall maintain property damage and liability insurance, for the benefit of
the CITY, during the term of this Agreement in the minimum sum of One Million Dollars
($1, 000, 000.00).
ARTICLE 11
COMPLIANCE WITH LAWS AND REGULATIONS
Both CITY and CONTRACTOR shall keep fully informed of all federal and state
laws, ordinances, rules, regulations, and all orders and decrees or tribunals having
jurisdiction or authority which in any manner affect the work, or which in any way affect the
conduct of the work. Both CITY and CONTRACTOR shall at all times observe and comply
with all such laws, ordinances, rules, regulations, order and decrees; and CONTRACTOR
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shall protect and indemnify CITY and all of its officers, agents, servants or employees
against any such claim or liability directly arising from or based on the violation of any such
law, ordinance, rules, regulation, order or decree caused or committed by CONTRACTOR,
subject to a standard of reasonableness for actions taken by CITY, its representatives,
subcontractors, subcontractors, professional associates, agents, servants or employees.
Additionally, CONTRACTOR shall obtain all licenses and permits to conduct business
pursuant to this Agreement from the federal government, state of Florida, County of Miami
Dade, and municipalities when legally required.
ARTICLE 12
ACCEPTANCE OF RIGHTS
By acceptance of the rights and privileges granted pursuant to this Agreement,
CITY and CONTRACTOR agree to comply with each and every provision, term, and
condition hereof, including, without limitation, any additions or amendments hereinafter
adopted, all federal and state laws, all local laws, ordinances, rules, regulations, and all
orders and decrees of bodies or tribunals having jurisdiction or authority, which in any
manner affect the work, or which in any way affect the conduct of the work, and any
amendments thereto.
ARTICLE 13
LAWS TO GOVERN
This Agreement shall be governed by the laws of the State of Florida and the
ordinances of the City of Miami.
ARTICLE 14
ASSIGNMENT AND SUBLETTING
No assignment of this Agreement or any right accruing under this Agreement shall
be made in whole or in part absent the written consent of the City Commission such
consent shall not be unreasonably withheld. In the event of any assignment, the assignee
shall assume any liability of CONTRACTOR.
ARTICLE 15
PRIOR AGREEMENTS SUPERSEDED
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein
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and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements whether oral or written.
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 dignity herewith.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature: CITY OF MIAMI, signing by and through its
Mayor, authorized to execute same by Commission action on the day of
1999, and , signing by and through
its _, duly authorized to execute same.
ATTEST:
C ITY:
CITY OF MIAMI
By:
City Clerk
Approved as to Form:
City Attorney
Franch.CMALLSERV/MIAMI
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Date:
By:
Date:
Joseph Carollo, Mayor
CONTRACTOR:
Ali r4n.n02 P.r)3
City of Tequesta
Nichols Sanitation
A Waste Management subsidiary
8 year franchise
Reduced commercial rates
by
38 percent
Jupiter CQurrier, March 7, 1998
City of Miami
Telephone Survey
Commercial Franchising in Various Municipalities
CITY
HAULER(S)
COMMENTS
Coral Gables
Waste Management
Entire City
City of Miramar
BFI
Entire City
Pembroke Pines
BFI
Entire City
Cooper City
BFI
Entire City
Broward County
3 Permitted Haulers
(BFI-4) (WM- 1)
(All Service-3)
s=[CITY OF MIAMI. FLORIQA"`-�"
INTER -OFFICE MEMORANDUM
ro The Honorable Mayor and
Members of the City Commission
FROM
tena4ldH. Warshaw
City Manager
DATE MAR 2 9 1999
SUBJECT: Second City Commission
Workshop regarding
Franchising Solid Waste
REFERENCMmmerclal Accounts
ENCLOSURES:
FILE:
The following is being provided to the Mayor and the City Commission as additional information
Otained after the initial City Commission workshop which was held on February 23, 1999.
Second Industry Workshop
On March 12, 1999, a second Commercial Haulers Industry workshop was held. The written
materials which were provided by the Commercial Haulers -at that meeting were submitted t City Commission on March 22, 1999. Attached you will find a summary of the commo the
ents at this
t
meeting. Overall, all but one objected to the franchising by' district, but most did provide some
suggestions reference franchising, franchising by district and other related issues.
Monies owed to the City which have been collected since October 1998
The city has collected $209,681 since we started to overhaul the current
system of g and
collections (see attached memo dated 3/24/99). We have identified new billing and collection
Procedures which can and will result in fines or revocation of their permit for companies which fail
to pay their bills in a timely basis. We currently have two companies, Waste Management
$235,542.77 (mainly on the so called exempt accounts issue) and Coastal Carting $118,523 who
owe us monies. Additionally, BFI also owes us an unspecified amount from the so called exempt
accounts. We are in the final notification and mitigation steps, before removal of their current
permits.
Quality of Life Improvements
The committee discussed and agreed on many reasonable improvements which would enhance the
cleanliness of the city, location and appearance of the current bins, hours of service b
y private
haulers, etc. Changes may have to be made to the current ordinance, but most of the enforceab e
wording currently exists, but the city just hasn't been real diligent at enforcing these issues. We
have started a higher level of enforcement to address some of these quality of life issues. During
the industry workshop, the haulers were not opposed to being held to a higher scrutiny by the City.
.Vvxry
Haulers to pick up at city facilities
We assessed the feasibility of Commercial Haulers picking up at city facilities at no charge to the
city. An attached memo (dated 3/24/99) describes the estimated actual costs to the city for
servicing all of its facilities (MRC, parks, police Stations, City Hall, NET Stations, etc). The
savings to the city in actual dollars is estimated to be $347,000. Additional efficiencies would
also be obtained, since it fines up positions which would be used for other general cleanup duties
in our neighborhoods. It is estimated that four employees would be available due to these
efficiencies. The assignment of which company services which city facility, would be based on
what type of franchise or ordinance process the commission approves. Under Franchising by
Distric the company obtaining the right to service an area, would be responsible for servicing,
free of charge, all city accounts located within that district. Under an Exclusive Franchise Not By
District • agreement, or the current ordinance format, the assignment
based on the volume and value of businesses handled by a hauler. oSho city
thetitd'�y,ba
company control 20% of the commercial accounts based on dollar value, they would be assigned
to service 20% of the city facilities (see attachment depicting the first five months of fiscal year
collection history and per company, percentage of total revenue controI). The actual assignment
process as to which facility each company services would have to be explicitly and fairly worked
out with the industry.
Community Cleanups
The committee recommends mandatory participation, free of any charges to the City, by haulers in
community cleanups. The process of obtaining participation would depend on the type franchise process approved by the commission. Under Franchising By Dot, the company who
services a district would have to participate on a specified number of cleanups in that district.
Under an Exclusive Franchise Not By District agreement, the same format and formula used above
in deciding who services which city facility would be followed. Under either concept, the
participation in community cleanups, free of charge, would be a mandatory caveat for any hauler
to conduct business in the City.
Permittinig o Accounts
The committee has identified a deficiency in the current system. We have no database as to which
company services what account, nor level and type of service. During the committee meetings and
at the commercial haulers workshop, we were made aware of the ernrittin
g procedures
employed in Miami Beach under their Exclusive Franchise Not By District -agreement. Thneir
franchise agreement mandates that prior to a commercial hauler commencing service of an
account, that a per account permit must be submitted to the city for approval (see Miami Beach
permit application attachment). The City of Miami may charge for the account permit, and insure
that prior to service commencing that:
level of service is adequate to prevent overspilling of bins.
location of each bin is appropriate.
condition of each bin is acceptable.
2
.. ,_.. .,,,� _........w, r ?,iz'1:5 r.rx.n.e;M'F./4;9::T�A.�.fF��iCH+:+".h?�P4refwF.`�x3R;��s'flsm+.•3�r�R�-+
The permit would be renewed annually. As far as revenues expected from this account permit
fee, hypothetically should we charge a $50.00 fee for our estimated 20,000 accounts, we could
gross yearly recurring revenues of $1 million dollars. This charge would be spread throughout
all the companies, depending on the volume, not value of the accounts. This charge may be
attempted to be passed down or actually passed down to the customer. Under Franchising By
Distric the customer would have no options other than paying the increase. Under Exclusive
Franchise Not By District agreement, the customer could seek more competitive pricing from
another permitted company.
The Committee recommends that whichever franchise option the City Commission decides to
adopt, that the same requirement principle be applied to roll -offs. The recommendation is that if
Franchise By District is approved, only the hauler having the right to conduct business within
that district can conduct roll -off business. If the Exclusive Franchise Not By District agreement
is approved, any of the permitted haulers can provide roll -off services throughout the City during
the duration of the agreement. The only change we would recommend on roll -offs is a higher
permit fee for roll -offs than for normal bins (attached you will find a roll -off permit application
from Miami Beach).
Franchising
The committee again reassessed the issue of franchising, and discussed more indepth the two types
of franchising:
1. Franchising with exclusive districts
2. Exclusive franchising not by district.
Franchising with Exclusive District
This type of agreement gives the hauler exclusive rights for a specified time period (3-5 years) to
pick up all commercial accounts within a geographical area (designated district). The committee
again unanimously recommends against this concept, based on the same issues highlighted on the
February 22, 1999 memo previously submitted to the City Commission prior to the initial
workshop. The committee feels that the difficulties with price controls, the issue of dictating to
customers who their service provider is, the passing off to the customer of any high entry fees, the
disappearance of some current commercial haulers and the possibility of litigation are sufficient
problems not to justify the Franchising by District option.
Should the commission disagree with the committee's recommendation and would like to move
forward on this approach, we recommend two options on creating districts:
3
E n #!: Maintain the current boundaries of the 13 NET areas and allow companies to bid by
NET area, with the company with the best deal for the City of Miami obtaining the right to service
that area. We may want to limit the number of areas a company can contract to maybe three areas
to insure that one company does not monopolize the entire workload Some of the negatives with
this option is that the largest companies will likely only bid for high volume areas, which may
leave out the smaller volume areas (SW Coconut Grove 160 accounts/ Overtown 373 accounts/
Model City 678 accounts) with either no bidders, or small haulers attempting to obtain the right to
service a smaller area and maybe not having the capacity to service it properly, This option would
probably also do away with most small haulers who do not have the capacity to
NET Service Area, not even a small one. handle an entire
lion#�: Create six districts by mergurg together NET Service Areas. our suggested,
being:districts
1. Downtown and Overtown NET Areas (approx. 4623 aects.)
2. Upper Eastside, Little Haiti & Model City NET Areas
(approx. 2813 accts.)
3. Wynwood & AHapattah NET Areas (approx. 3343 accts.)
4. Coral Way & East Little Havana NET Areas a
5. West Little Havana & Flagami NET Areas (approx. 4180 accts.))
6. Northeast & Southwest Coconut Grove NET Areas (approx. 980 aects.)
Let it be noted that the number of accounts is an estimate, and the dollar value of the accounts
may vary significantly. Under this option the same bidding process as in option #1 will be
followed to obtain the best deal possible for the City of Miami. Again
he
number of areas a company controls. This option places high values areas togethert with lower
value areas, therefore insuring the same level of service provider. B ing the number of
areas to six, we will definitely be cutting out all the small haulers who may no be able to submit
as competitive a bid, or won't have the capacity to service this large an area.
Should the City Commission decide to Franchise by District, the administration would need
guidance on these two options, or on any other area division suggestion the commission may
have.
Exclusive Franchise Not By District
The committee looked at this option, which is now being used by many of the cities we queried,
Under this approach, commercial haulers would have an opportunity
agreement (3-5 years) to obtain commercial accounts an rin e cienter mto a long term
entry fee assessed for companies to enter into this agreement. This fee would not be soo higty. There wih ass
to exclude any small hauler who may want the privilege of obtaining accounts in the City of
Miami. The fee also has to be fair and even since it does not take into account volume of
business. South Miami currently assess a yearly S5,000 fee for commercial haulers to pick u in
their city. We would have to establish a reasonable amount, but if hypothetically we were to
4
assume the South Miami $5,000 fee and if fifteen companies wanted to do business in the City of
Miami, theoretically $75,000 in additional annual recurring revenues could be obtained.
Even though any prices assessed to the haulers would ultimately be attempted to or passed down
to the customer, under this non -district franchise system, the customer has the right to shop
around for a better deal amongst the permitted companies.
Under this Exclusive Franchise Not By District concept, the period for companies to sign the
agreement would be determined, and once that period is over, no other haulers would have the
opportunity to pick up commercial accounts in the City of Miami for the duration of the
agreement (3-5 years). It gives the permitted haulers the business advantage of exclusivity.
Special provisions would have to be. worked out in the agreement for companies going out of
business, companies being bought out, or losing their franchise due to non-compliance.
i
ConunWi Recon mmdadon
The committee recommends to the city commission this Exclusive Franchise Not By District
option for the following reasons:
1. It provides an opportunity for some additional revenues for the City.
2. Allows price controls to be balanced by a competitive market.
3. Does not take the choice of service provider out of the customers hands.
4. Allows most, if not all of the companies to continue to provide services in the city.
S. Provides more enforcement power then the current city ordinance
actually sign off on an agreement stiul process, since companies
p sting their fesponsibiiities and penalties.
We look forward to hear any finer suggestions from the City Commission at the March 30,
1999 10:00 A.M. Commission Workshop.
DIf p
c: Raul Martinez
Assistant City Manager
Committee Members
r
A
COMMERCIAL HAULERS WORKSHOP
AT MIAMI CITY HALL
MARCH 12, 1999
Caveat: Please be advised the following questions were presented by the City in a letter dated March Sth tkal
was seal to adI commercial handers in advance of this below are not verbatdur
listed b
responses°, but instead r�ejlect a summary of response front notes taken at that meeting. The nrsponses lislistmeeting.
was not transcribed, but tapes are available and can be obtained from the City Clerk's 0,, J7ce as tadmy
was tape-recorded a uu!edn8
uestion # 1: Should the City decide to franchise by district, what should the parameters
districts be? How many districts? of the
R4oreses:
Waste Msnaaement: Based upon the volume of the solid waste commercial accounts at the
three (3) districts were recommended. It was recommended that the same volume of accounts that a
firm currently possess remain the same in order to be equitable.
Garbage Roll -Ow Demolition : It was recommended the City be divided between ligh
industrial and mVre dusttiasidential. Recommended a
on the zoning), with 2 hea type of lottery system of 5-� districts light
vy industrial, 2 light industrial, and 2mttlti-family.
Mac PRE Waste : He recommended the City not put anyone out of business and allow for the small
firms room for growth. He recommended the City k
area be given o one of the largest haulers, the next largest area o the next
the 13 districts gest haulerand s the downtown
advised that the City could locate 13 districts in a fair way that allows room for ,and so on. er
haulers. If there are 20+ licenses, a district could be divided in % for 2 different haulers.for the smaller
Mac Tac Waste Recylie: It was recommended that if there had be districtin
divided by the City should
a lottery system, with the big firms having as much toloseor gain as the �smaller ones.be
N : Advised that all the haulers are against districting ex
cepwhat the City needed to do was solve waste collection problemss to generatfor one -e income to the Cepublic. He i y.
ty
American Waste: (Mark): he advised the City should fix the current problems, such as the litterin
issues, as the large haulers control 80% - 90% of the market now. If the City is franchised, only 2-g
main players would be involved. y 3
Republic (Jack Cory - representing Lazaro, Imperial, and All Service Refuse): In favor of franchisin
he advised that 9 of the 12 cities surveyed by the City have a form of franchising, such as Miramar,
Weston, and Wilton .Manor, �,�
l
Commercial Haulers wodamp 7/1� 1(c4nt.)
�1
Question N Z: Should the City decide to franchise by district, what suggestions would you have
to create initial price controls and future price increases?
Responses:
Republic:He advised that when the existing permits expire, the prices established by the fines expires.
When permitting, the City can ask for pricing and look at prices charged by each firm. He sugested
survey the districts, and require such things as community► cleanups and new containers.
Mae Pac: Advised that the law states that the City cannot re
PA
Price Administration regulatio- Office of
ns). Advised the City should avoid te nprice clontrols, ted the Oas competition
controls the price, and the focus should be on enforcement as competition works.
Garbage -Roll -Off (Greg Davis): Distributed an Internet except from Margate where the rates
increased once franchising went into effect. He advised the free market system keeps rates low. If there
were to be a price increase, he suggested utilizing the CPI, but questioned how to handle increases for
disposal fees, labor costs, machinery, fuel costs, etc.
Waste Management: Advised the legal issues would have to be reviewed, such as the Charter and the
Code to see if exclusive franchises are allowable. He advised that those who lose will go to court aW
that contractual relationships between firms and commercial establishments would be effected.
franchises.
Advised that there are safer routes than fanchising, and reported Miami Beach has non-exclusive
MacPac: To franchise and establish price controls, an example was given of charging
per yard ( much higher than -the current rates) which would adversely affect the ressdents and franchisers
would monopolize the market.
(?uestion 1'# 3: Should the City decide to create long term exclusive franchises what suggestion
would you have toward this option? What would be an appropriate franchise fee? (Discussed a
franchise could be exclusive, but not necessarily by districts, including a franc
allowed to compete for a set number of years without allowing others to enter thise fee and Sun
he market until a
specified period of time)
Responses:
General Haulm : They advised the taxpayers will pay more for garbage pickups as the additional
costs will be passed on the consumer. Two firms now have in excess of go% of the market, and that
market forces make the prices competitive. If a certain amount of money would have to be paid to
enter, the smaller firms would be forced out, the prices raised, and then higher costs passed on to the
consumers. It was recommended the problems be fixed without passing the costs on, and enforce any
attempt to pass on the costs with "teeth."
Mac Pac.* The firm advised that his suggestion was the lesser of two evils, and has a better protection
for the residents than franchising by district.
r
s.
i
wc "-toy r,.�•t': � .... a <
commcrcW Haulers Workshop 3/1(7)cord.)
Mac Tac Waste: Advised the City cannot restrain trade, and that the City in the past has given up
water, electric, and gas services.
B_ An entry fee that would generate revenue in the $10,000 - $12,000 rate per firm would be
reasonable, but that ability of the smaller firms to pay would have to be considered. Another option
was to increase the franchise fees by S%, which would generate an additional $700,000 - $800,000,
Smaller haulers should be given the opportunity to compete, and a customer should be able to choose
based on the service provided and the -price.
!Garbage Roll -Off: They provided the example of Miami Beach where the system works somewhat
due to Code Enforcement. Prices there are considerably higher than in Miami, but the haulerspick-up
at restaurants 7 days per week and utilize closed containers in air conditioned facilities. Advised the
franchise fee there is 14%, and that the 20% fee by Miami is high as it is.
American Waste: Advised a reasonable entry fee be implemented if this had to occur so
smaller haulers can remain in -business. that the
Mae I?ac: Entry fees should be based on the market share to protect the smaller haulers. As the size of
the haulers grow, increments should be established so that they can also
bumped up slightly higher, increase. If the 20'/o was to be
everyone would be affected across the board the same. Additional revenues
for the City could be generated as there are things "slipping out
addressed. of the back door'! that need to be
Waste 1M!RMement: Advised that haulers who are well re
ally stable
best serve the City. For a 10-year franchise, the system can be regulated by the dedicated,
ity banduts�the needs to
be an equitable way to cost it out. He advised that the City needs to commit haulers to community
cleanups, and dedicate a certain % of revenues per hauler to clean up the City. Advised that other areas
such as ro11-off construction containers that are re
gulated very great source of debris on the roads. They recommended an annuallittle
licensing fee oabut rofl-Offn�er trruuck a ,
ents in
and a one-time lifetime fee, with requisite insurance and other basis,
recommended the City to well -regulate the haulers, but not to franchise by districtplace. They.
Question # 4: Should the City decide to continue the current free market system, what would the
industry be willing to do ih reference to enhancing the aesthetic features of the City, e.g., in -!kind
services for city facilities, community cleanup projects three or four times per year, the issue of
under -servicing accounts or the use of undersize containers, hours of service near residential
areas, improved overall appearance of dumpsters /bins, etc.
Responses:
American Waste: The City should play a bigger part working with the haulers and the customers, and
should intercede more as enforcement is needed.
—�..,.F--......��-.,�,�-.,�, .... .... .... .:;�''�m� �.��,�h.xwx.K✓':-•'m.�a.�, .,,,i�a;.Yr:. ,.,,,�.r-„�.+ v�.,«-.'�e-»aN'��i �'� `'."t�v �'Sa'_+'-.�+1"��� '��`1�fi
CITY OF MIAMI, FLOR10
0
INTER -OFFICE MEMOR/INOUM
TO Raul Martinez
Assistant City Manager
FROM : octerChiraut
Treasurer
DATE : March 24,1999 FILE
SUeUECr : Private Hauler Audits
REFERENCES:
ENCLOSURES:
The Companies that were audited and invoiced since September 1998 are as follows:
- N_ INVOICE DATE AMOUNT STATUS
Waste men 9/15/99
21,173.40
ins �g 1/11/"
United Environmental 2105/99
121,173.0
paid
paid
*Waste M�Bement 2/24/99
1,140.00
paid
235,542.77
not paid
*Efforts are ongoing to collect the amount outstanding from Waste Management.
There is also Coastal Carting LTD, Inc. that has a delis
$118,523.00. Quest balance estimated at
PC/GC:ii
cc: Elliott Prenner, Internal Audits
Clarence Patterson, Solid Waste
Comm mill Hauler WArkgwp I/f
Republic: There is a problem of service as there is no commitment to the community. The current
system is not a free market system due to health / safety issues. Efficient utilization of public streets
having 18 trucks (example) going down them is bad public business. The City should be fianchised to
improve the overall cleanup efforts.
BFI: Suggested a Review Board be established that can be managed by the City. They were not aware
of exclusive district franchise in the U.S., as the cities in Broward are exclusive to a single hauler but
the cities are much different than Miami.
Question # 5: Creation of an industry/city/citizens review board.
Responses:
Mae Pac / Dade Waste Hauler Council: They welcome a Board to interact with and to open lines of
communication, not to speak of pricing but for fines, problems, and new ideas. Suggested the City look
at Miami Beach to enhance the current system. Suggested the City also use code enforcement through
the Cone Enforcement Board rather than this Board as this Board should only be used for policy
purposes.
Waste Msnazeanrent: Welcomes the idea to include the industry, residents, and officials and agrees
that this would increase the communication and address problems.
Question # 6: Any other suggestion which will improve the current system or suggestions to
encourage franchising by district.
Responses:
Mac Pac: The industry can give the City suggestions to cut prices and to make ends meet as the City
is losing money as the City is not running it (residential hauling) as a business, which needs to be done.
Equipment and the personnel used ( 2-3 toters and driver) is not cost effective and there is much better
equipment now being used as everything is now automated with only 1 driver. The one-time entry fee
will not resolve the S 9M waste deficit. He advised he is aware of pilfering by City employees where is
City is hauling entire loads of trash but the City is not making any money as an employee(s) directly
receives the money from the establishment. He offered to speak with the City about these situations.
There should be a better use of the technology in the market today, such as "teie-trak" which tracks by
computer the trucks and their respective routes all day. The small haulers would welcome the City to
become a commercial trash hauler with them.
It should be noted that of those haulers present at this workshop, only one hauler, Republic,
expressed it was in favor of franchising by district.
i
1 v kYS } N J•xl
w ., � r �, . N.iv, � s v »mt'4`i"e4'r+4tli.'�L`CYm.�mu. iJi�kY•N+'h4{+s§�kON"V+t
Commercial Haulers Workshop 7/17910yeont.)
®Fi: Provided an example of the permitting process in Miami Beach where there is real
communication of minimum standards with commercial establishments. When a customer changes
haulers, Miami Beach is notified (new hauler notifies the City) and there is an appropriate service level
requirement There is a quarterly meeting and the City is notified of service decrease (service per week
or the size of a container).. 'There are regular meetings with the City discussing accounts that have
problems, both on streets and on full blocks, and they all look for solutions. The Chamber of Commerce is also involved as there is a proactive approach to find solutions to the problems.
Mac Pac: There should be code enforcement and better communication. He discussed the "stop service situations" when haulers don't get paid, and the need to catch delinquent customers earlier. Suggested
haulers should work closely with a designated person within both the City and in the firm, Inspectors should be sent out when they are notified a business is not paying a hauler in order to give the business
a warning. For new construction or remodeling, there should be placed in the Code that thcontainer
should be an enclosed containe er as that would improve the aesthetics of the area e done in Dade Co.
All of the haulers should also create a 1-800 hotline or a complaint line where citizens could call in to
the City when they see a location filled with overflowed containers and the City would act on that call
to enforce. Regarding community cleanup efforts, haulers should only have to give containers on a
proportionate basis for events, but only depending on the market share of that firm. For in -kind
services, they are willing to cooperate proportionately to help but the City should pick up the disposal
costs. They distributed photos and advised the City does not have enough inspectors, and that the costs.
generated would increase revenues. Welfare -to -work individuals could also be put to work in the
communities. Containers may need to be refurbished and overflow containers would be found by these
inspectors. As haulers cannot blow the whistle at clients who do not pay for a sufficient amount of
service, or have a large enough container as they would lose the account, he recommended it be the
City's responsibility to do so by Code and the hauler would work with the City to enforce it.
_Waste Management: As the customer has an excuse for everything, Miami Beach solved the problem
as the hauler is responsible for everything within 10 feet of a container and must clean up the area, The
City is notified, who sends out inspector. If a problem continues, then the hauler is to cease picking up
the garbage and that this works well. For in -kind, it was recommended the City take a % of the
franchise fee to set aside at an equitable portion and the moneyand how to
later. For community cleanup, it was recommended the Cityrspeed it will be discussed
put to work 1 or 2 days require every truck that is licensed to be
Y per year as it would be an equitable distribution. Limits of hours: as this is a
continuing problems, it can be solved with real communication by the City with the industry and in a
non -adversarial way.
General Hauling: Recommended the City put in the Code a provision that requires a hauler to report a
problem, then the hauler will call the City. The hauler will first tell the customer to solve the problem
but that they would have no recourse but to notify the City as required.
Waste Management: The audit procedure as it is works but if they won't pay, the City can't collect.
Suggested a bond so that non-payment of fees would go against the bond as a recourse by the City.
MaThe storage of recyclables outside of containers is a real problem, and if a firm is going to
recycle, it was recommended the City get viable recycler as cardboard boxes are a fire and rodent
problem. Photos of this problem were displayed.
��, ,r� �{+(%+Stir4i3Y >•.^�fi H'fLJi}r Fh{4n4:;tVP,"iJ.%2 11 'rY.,�
iRS�•�,'f"'�`��} x?�.'„tL' �' , 7 `� 4 x i :; � ,. -. •r .,�.--r .:s. rn�: k•r.��r� n• sfiae�.>�.��= - --
CITY OF MIAMI. FLOAID4
INTER -OFFICE MEMORANDUM
TO
Raul Martinez
Assistant City Manager
FROM ; Pete Chircut
Treasurer '
DATE FILE
March 12, 1999
SUBJECT
Collections procedures
M I 2 3 c�39 on Private Hauler Audits
REFERENCES:
ram+ _--•--• _ ` — ENCLOSURES
The Finance Department's procedures on private hauler audits are as follows:
_ I. Audit is received from Intemid Audits Department
2. Collections Section personnel reviews the audit recommendations
3. Collections carry out the recommendation Finance is
responsible for (e.g, billing)
4. Letter is sent with invoice attache
d, payable upon receipt. (Copy to Internal Audits)
5. Ifpayment is not received within 15 days, a collection letter is sent out (Copy to Law
Dept., Solid Waste)
6. Collections personnel will follow up with a phone call to be sure the notice was
received and discuss payment with the company's contact person.
7. If payment is not received within 30 days from the date of the original invoice, a
second letter is sent out indic
ating payment due plus a penalty (amount calculated).
This letter will also Fate that the Solid Waste Dept. will be notified to revoke permit. (Copy to Law Dept., Solid Waste Dept.).
8. If payment is not received after the second notice, Solid Waste
the Private Hauler that the impartment will notify
Audits) permit will be revoked. (Copy to Finance, Law dt Internal
. MAR-24-1M 11:54 SOLID WASTE ADM
573 5138 P6O1
G
CITY Of MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
T0: Raul Mwtina CATK : P'IA4' �.
Asslstwd Chy Manager ME:
GULWT: Estimated Solid Waste
to Code
Fa Clil i"Praviding 8er�eics
FFDM! lanOe �attsPa , Direct<x �:
Do" taIsn1 of Sand Waste
Our estimated oust of providing mvbes to cdty oftioss, pa tw, police and fWs
staticM merinee, day cans cOntars, and NET officas is p wAdsd bekw This
cost mule fs includes ota eptlmates of Bads ts" WW otherColftpmprdqd by
his f�iior�, two Waste Collectowd r fitters we fb�,r positlorM aloeipo�ed
operator Irs and t" Waft Colieckn
SW Was% Ssrvtae Cost fbtr City Faac:liitin
Dade Cou* Studs Fees :; i 247,010
EqAxwtmwnwwmNow Capital s S Fuel 58,365
Rene fbr Capltei R®plaoei INN It 40,830
TOTAL $ 347,141
TOTAL P.81
ctTY OF M<Aw
PRIVATE HAULERS
CASH RECEIVED
OCT. 9e TO am. N
NAME
OCL 9e
Nov. 96 Dm e9
Jan. 99
Feb. 99 Mwee APO MWO A on JuWe
Aug. 90 8@pt 99 Ta *
AMERICAN t+a M
WWY&JID4)AN AN.
emoo
ea0o
000.00 $40.00
e4ee0
190.00
a49.eo
24D.oD
CAD E1tlNeLND
122SK
924 � 117,e44
123Woo
117,464.20
3240.00
.TRA IC
4� 0
30
eeee0
Q46.70 a 1
e00,7e7.ee
CLEAN-TNCVASTS
eY47e.93
3pg,07 r40e vww AOrLOgONrR�t of o.a. ca�gr
Z09320
COAOfAL Cr1R OD
0.00
5,912.1
0.7ee.0D
ENV9ROIa1WALVWWFr
a9D
107,a4 A Alum
e7,eee.10
az.tel.o9
r 617
GENERAL HAULM
4,a03.o0
aX6 3.e07M
2,o10.3e
14.e13.11
2705,7
7MT05.01
OAPERLAL SWATLON
0.203.07
7,e33.e4 40,27 0
11e,e7e ee
LAZARO Y A FM
OQ4ee.7a
40*WM ffoW Wo YIIpwr A 8r1a1Ean
131.4WN
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137.340M
PHVffdT=
1.0e&e5
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004.93 M
02
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Z07LOO
Z34M
ROLLAMYaYXMJ
1,370.00
1,070.00 1,00a0D
1,514.00
5=09
39=RECYCL9 G
0.00
1,903.Oe
e,66400
UNTTED 8WRONMOIT
70e.00
1,5E0.31 1.100.ee
1.Sum
: 1,9mm
WASTE~CFDADS
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200,691.0
TOTALCOUECT10Na
3e1.243.2e 301,487.40 311.306.80
1e9,932.7e
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1,209681.4
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CITY
MIAMI �E,H
SWAY MIAMI BEACH FLORIDA
SANITATION DEPARTMENT
OFFICE OF THE DIRECTOR TELEPHONE: ()
FAX: (EOQ)
ROLL-071 PE3MT APPLICATION �S
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PAZ was
PaW No:
malz w ADD>leW:
XF I = CXM5=V==CM: B=DZIM PW=T / DA=
PV=c NOW: 9011m Param DA=
7=0 AND CMCCMM MR R04] A" OaM•AIIMIR
PE! CUAPl= NA OFF CODE or1W Cfl'IC op MAW B&UN
Pn rmha far Rod -ON CoetaMm wM be leaved altrr the ptori:io-a of C�poer 14A of the Code of the Qry of Maori Beach. Preci ft h.m
been co-epliad v*L
"be plead and kept an tie foesti= appeo+ m by the adey. vibm looated an public peopa:ty, tie uw of bar: cWn
of the city of Be eQ•�a arse on Wier Isptoitbioed, (ae .Mee u on a+�staleted aa.as) .deli. do Units
�Cky Of 11Ueml Ha -eh. !'iorida, eeor aitan not dailyv and plan Rdl-Olf(s) for aet�dc9a Prior tO tie lencaaaaof aneh Pcfmh per Saxtio- 14A-17 of the Code of
� of
When placed on metered P ft Voice, a doily he OfS6.00 Par SPOW Umst be pakl to the Paddns DVWMi=L
WE HEREBY AGREE to an of the above wm wader We apprkstb-.
OWNZR OR BUILDING CONTRACTOR
PRINT N"N
ROLL-OPP CONTRACTOR
PRINT NAiLN
CITY t
SANITAr1C* 011PARTMENT
MIAMI
4
®EACH
OIRE�'"�'OR 140 41C AMUR CAL.
ON) 673.7
PERMIT APPLICATION FOR PRIVATE GARBAGE COLLECTION
Location
Date
Name of Buildinc
Type of Building: Apts.�_ No.,_ __ fgotelNo. of Rooms,��
Commerical: t Sq. FeeRestaurant
--"— �----0 No. of Chairs`
Owner/Agent/Manager; Phone
Address:
--o.e
Contractor:
License
Address:
• Phone
Service _.__.._ Cu . /Yds . Dempster (s) /Location
_Times per Week/Days of Week
S A T W T F
S
wne permit for Private Garbage Collection will be issued after the
provisions of Chapter 14A of the Code of the City of Miami Beach,
Dade County, Florida have been complied with.
Dumpster(s) shall be placed and kept on the location approved by
the office of the Sanitation Director who will forward to the
applicants, all the information regarding this application.
The permit will be issued after verification of no outstanding
debts with the Billing Division of the City of Miami Beach,
Florida. The City of Miami Beach reserves the right to continue
the Billing for Waste Service until the permit is issued. The
Contractor shall not deliver and place dumpster(s) for service
Coder ofothe eCityuof Miamiance of sBeacuch hpermit, Florida.er Section 14A-6 of the
Persons or firms who violate the above provisions shall be sub-
Jected to prosecution and may be fined.
WE HEREBY AGREE to all of the above terms under this application
Applicant
Print Name
..Contractor
"POI"24— Qqp1159 SOL a WASTE`ACM°ss+arr�ir,lL � �a
swai4�.e ' �trx eke
1 .. -
CO `'' lRCIAL HAULER PERMIT I"EE8 575
fs 5138 P.01
`"UNICIPALMEE
Pape 1
TOTAL P.01
9�