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HomeMy WebLinkAboutR-99-0553J-99'-644 7/16/99. RESOLUTION NO. 553 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS ("RFQ"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF SOLID WASTE HAULING. SERVICES; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF SOLID WASTE TO EVALUATE SAID RESPONSES AND DETERMINE THE QUALIFIED PROVIDERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE COMMERCIAL SOLID WASTE NONEXCLUSIVE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROVIDERS, AND TO PRESENT SAID AGREEMENT TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION. WHEREAS, pursuant to Motion 99-397, adopted June 8, 1999, the City Commission accepted the Administration's recommendations in connection with an exclusive franchise, not by district concept, for Citywide commercial solid waste collection and disposal services; and WHEREAS, pursuant to Motion 99-398, adopted June 8, 1999, the City Commission directed the City Manager to prepare a Request for Qualifications ("RFQ") for said services; and WHEREAS, the Administration has drafted said RFQ and a non- exclusive franchise agreement, and it is now in order for the City Commission to direct the issuance of the RFQ and the evaluation of its responses, and to authorize the City Manager to ,,M T (S) CONT,ONED 1off co slim ; IIXG OF J U L 2 7 1999 Ramiutiou NO. 99- 553 negotiate with qualified providers for said services; 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 City Manager is hereby authorized and directed to issue a Request For Qualifications ("RFQ"), in substantially the attached form, for the provision of solid waste hauling services. Section 3. The City' Manager is hereby directed to instruct the Director of the Department Of Solid Waste ..to evaluate said responses and determine the qualified providers. Section 4. The City Manager is hereby authorized:1 to negotiate commercial solid waste nonexclusive franchise agreements, in substantially the attached form, with the qualified providers, and to present said agreement to the City �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 - 99- 553 • s Commission for its review and consideration. Section 5. This Resolution shall become effective immediately upon its.adoption and signature of the Mayor./ PASSED AND ADOPTED this 27th day of July 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approve:) of this legislation by signing it in the designated ace provided, said Ip 'Siat r",'l r;,X/ becomes effective with the elapse of ten ) from th a of C: ss?cn wact'on regarding same, without the Mayof exe is J ATTEST: City Clergy. WALTER J. FOEMAN CITY CLERK APPR( ED P*.&/FO AND CORRECTNESS : 7 AI'ORNEY 3631:BSS 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. - 3 - 99- 553 • .0 City of Miami, Florida ®Re uestfor Qualifications ications (RFQ) Commercial Waste Hauling Services RFQ No. 98-99-090 Date Issued: Date Responses Due: 1. BACKGROUND by 5 p.m. RAFT The City of Miami (hereinafter referred to as "City") is seeking to qualify private commercial haulers (herein referred to as "haulers," "contractors," or "applicants"), to enter into long term non-exclusive city-wide Franchise Agreements to provide waste collection and disposal services to its commercial establishments and multi -family residences with four (4) or more units, totaling approximately 21,000 accounts in 34 square miles, city-wide. The RFQ includes garbage, trash, specialized roll -off and recycling services, and the removal of hazardous materials and biologicallbiomedical waste. The Franchise Agreement (hereinafter referred to as "Agreement") shall enable qualified haulers to provide. these services on a non-exclusive citywide franchise basis for the term specified in the Agreement. 2. SCOPE / SERVICES It is the intent of the City to secure qualified haulers to execute the Franchise Agreement, to be effective October 1, 1999, for the purpose of providing commercial waste hauling services, including roll -off and recycling services, throughout the City. This non-exclusive city-wide Agreement between qualified haulers and the City shall remain in effect for five (5) years, and no other firms will be allowed to provide these services within the corporate limits of the City until the expiration of the Agreement. See Attachment A. 3. MINIMUM REQUIREMENTS FOR QUALIFICATION In order to qualify, haulers shall agree to adhere to all requirements as set forth in the Franchise Agreement as it may exist in its final form. Additionally, prospective haulers shall meet all of the following minimum qualification requirements and provide any and all required documentation pursuant to the same. THERE SHALL BE NO EXCEPTIONS. The following requirements shall be met by a hauler in order to be deemed "qualified" to provide said services: 99- 553 City of hliumi. Florida Commercial Waste Hauling Services RFQ Na 98-99-090 fa "' a) Shall agree to all terms, conditions, and provisions of the attached ranchise Agreement, and agree to execute the same upon being deemed qualified. b) Shall agree to adhere, at the time of application and at all times during the period covered by the Agreement, to all applicable Codes and Ordinances of the City of Miami c) Shall not owe, or be in arrears for any -sum to the City, unless expressly approved by the City prior to the submission due date. d) Shall possess equipment capable of providing safe and efficient service, and have sufficient personnel to perform the same. e) The applicant, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person(s) having any financial, controlling, or managing interest therein, should be of good moral character. f) Shall maintain proper insurance coverage and furnish a public liability policy in the minimum amount of $1,000,000, including workers compensation, along with automobile liability insurance covering the hauler's operations for a combined single limit coverage of $1,000,000 per occurrence for bodily injury and property damage liability. The City shall be listed as an Additional Insured for liability prior to execution of Franchise Agreement. g) Shall complete in full and return the attached Attestation of Qualifications (Attachment B), and provide all its required information and documentation, which shall, in part, be utilized by the City to determine qualifications. FAILURE TO MEET ANY OF THE ABOVE MINIMUM QUALIFICATION REQUIREMENTS SHALL DISQUALIFY YOUR FIRM FROM PROVIDING COMMERCIAL WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI. 4. SUBMISSION REQUIREMENTS The following documents are to be submitted as part of the response to this RFQ: a) Copy of hauler's current Occupational License. b) Copy of hauler's current insurance certificate. c) Attestation of Qualifications form completed in full. d) Submission of all documentation as required in the Attestation of Qualifications form. FAILURE TO SUBMIT ANY OF THE ABOVE DOCUMENTS SHALL DISQUALIFY YOUR FIRM. 5. SUBMISSION LOCATION AND DUE DATE Interested applicants shall submit, via mail or hand -deliver, all required documentation and information in response to this RFQ to determine qualifications. All information must be received in a sealed envelope / package by Mr. Clarance Patterson, Director of Solid Waste, no later than 1999 at 5:00 p.m. This package/envelope must clearly be identified on its outside by the following reference: RFQ No. 98-99-090 Commercial Waste Hauling Services. 07/19/99 DRAFT DRAFT 99- 553 City ojAliami, Florida Commercial Waste Hauling Services RFQ No. 98-99-090 it Responses shall be addressed to: Mr. Clarance Patterson, Director DRAFT Department of Solid Waste 1290 N.W. 201h Street Miami, Florida 33142 Mr. Patterson can be contacted at telephone number (305) 575-5133. Should you have any questions regarding this RFQ process, please contact Pamela Burns, CPPB at (305) 416-1905 before the submission due date. 6. EVALUATION PROCESS AND AWARD Upon receipt of responses, the Director of the Department of Solid Waste shall evaluate all documentation submitted to determine if a hauler is "qualified" to provide commercial waste hauling services within the City pursuant to the terms and conditions of the Franchise Agreement. Upon written notification by the Director of the Solid Waste Department that a hauler has been deemed qualified and upon receipt of the .final Franchise Agreement, the qualified hauler shall have no more than five (5) business days, unless otherwise notified by the Director of Solid Waste, to sign the Franchise Agreement for final execution by the City. The City reserves the right to enter into a Franchise Agreements with any hauler who is qualified to provide commercial waste hauling services city-wide. 7. APPEAL PROCESS The denial of a franchise by the Director of Solid Waste may be appealed to the City Manager or the City Manager's designee. The notice of appeal shall be filed, in writing via certified U.S. mail, with the Director of Solid Waste no later than fourteen (14) calendar days after the receipt of the certified letter advising applicant of the denial. The director shall fix the date and time for hearing the appeal. Said hearing shall be held not less than fourteen (14) calendar 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 the franchise, subject to the conditions contained in paragraph 8. 8. APPROVAL BY CITY COMMISSION AND EMERGENCY FINANCIAL OVERSIGHT BOARD 07/ 19/99 DRAFT 99- 553 CitY ofAliami, Florida Conimerciul Waste Hauling Services RFQ No. 98-99-090 The obligations of the City and the haulers with respect to performance pursuant to this Agreement shall be subject to approval by the Miami City Commission by resolution and approval by the Emergency Financial Oversight Board. 9. INSURANCE REQUIREMENTS The applicant seeking to qualify to participate in the franchise agreement as specified shall maintain a public liability policy in the minimum amount of $1,000,000 written in the applicant's name. The applicant shall carry an automobile liability insurance policy covering the applicant's operations with a combined single limit of $.1,000,000 per occurrence for bodily injury and property damage liability. Insurance certificate shall also include workers compensation coverage. All qualified haulers must reflect on its insurance certificate the City as an Additional Insured before execution of the Franchise Agreement. The insurance certificate shall be submitted to the Director of Solid Waste no later than five (5) business days after approval by the City Commission and prior to execution of the Agreement by the City. 10. PERFORMANCE BOND REQUIREMENTS The successful hauler(s) shall furnish a performance 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 one hundred thousand dollars ($100,000.00), 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 performance bond, the successful hauler 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 performance bond shall be submitted to the Director of Solid Waste no later than five (5) business days after approval by the City Commission and prior to execution of the Agreement by the City. 11. OPTIONAL As part of this Request for Qualifications, the City is providing the option for any Applicant to submit concepts or proposals that are innovative in nature. These innovative proposals to be considered shall provide methods to accomplish the City's goals of better City regulation and services to promote the beautification of the City and the health and welfare of its citizens. This section shall not create any obligation on the City to award a franchise based on the innovative idea(s), nor include the idea(s) in the final Franchise Agreement. However, this information may be incorporated in the final Franchise Agreement. DRAFT 07/ 19/99 4 99- 553 City of Miami, Florida Commercial Waste Hauling Services RFQ No. 98-99-090 ATTACHMENTS A. COPY OF DRAFT FRANCHISE AGREEMENT DRAFT B. COPY OF ATTESTATION OF QUALIFICATIONS FORM 07/ 19/99 G 99- 553 City of Xhami, Florida Commerciul Waste Hauling Services RFQ No. 98-99-090 ATT STATION OF QUALIFICA IONS ID?, AFT RFQ NO.98-99-090 DRAFT Commercial Waste Hauling Services INSTRUCTIONS: Prospective City-wide haulers are required to answer all sections of this Attestation. If any section does not apply, indicate not applicable. FAILURE TO COMPLETE THE FOLLOWING SECTIONS IN THEIR ENTIRETY AND TO SUBMIT ALL DOCUMENTS SHALL DISQUALIFY YOUR FIRM FROM PROVIDING COMMERCIAL HAULING SERVICES WITHIN THE CITY OF MIAMI. Applicant is not limited only to the spaces provided herein for response and may provide responses on additional attachments Name of Applicant: Address of Applicant: Date: I. Identification Information on Applicant A. Name of Applicant If the applicant is a partnership or corporation, the name, business address of the principal officers and stockholders and any person having any financial or controlling interest in the partnership or corporation shall be required. Provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the name and business address of the local managing officer(s) shall be required. Detail all information below. B. Character of Applicant The applicant, to determine qualifications for participation in the franchise agreement, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person(s) having any financial, controlling, or managing interest therein, should be of good moral character. In making such determination, the following information submitted by the applicant shall be considered: 07/ 19/99 6 99- 553 City of Miami. Florida Commercial Waste Hauling Services RFQ No. 98-99-090 DRAFT (1) Penal History If the applicant is an individual, a record of all convictions and the reasons therefor shall be provided by the applicant. If the applicant is other than an individual, then records of all convictions and the reasons therefor of the principal controlling officer(s) or applicant shall be provided. However, in the case of a publicly held corporation having 25 or more shareholders, only the aforementioned information applicable to its managing officer(s) shall be required. Indicate convictions and reasons below. Indicate Not Applicable should it not apply. Not Applicable: Applicable: Explain: (2). Fingerprints A full set of the fingerprints of the persons having any financial, controlling, or . managing interest therein, shall accompany this response. Such service may be obtained.from the City's Police Department.. (3) Business History Indicate whether such applicant: has operated a solid waste: collection - removal :business in the State of Florida or another state under a franchise, permit or license. Yes No If yes, detail when, where and whether such franchise, permit or license has ever been revoked or suspended and the reasons thereof. Indicate not applicable should it not apply. Not Applicable: 07/ 19/99 Applicable: Explain: 1\"FI 7 Tr, 99- 553 City of Aliami, Florida Commercial Waste Hauling Services RFQ No. 98-99-090 (4) Existence of Business Entity 40 If the applicant is a corporation, proof of incorporation and proof of that corporation's I` current good standing in the state of incorporation shall be submitted with your 4[ response. If applicant is a foreign corporation, applicant shall submit information or material certifying that the applicant is qualified to do business in the State of Florida. If applicant is other than a corporation and is operating under a fictitious names, applicant Ois required to submit information that such fictitious names is registered under state law and held by applicant. II. Equipment and Personnel The applicant, in order to qualify for participation in the Franchise Agreement, shall possess personnel and equipment capable of providing safe and efficient service. In making such a determination, the prospective hauler shall submit the following: • Provide a detailed list of the type, VIN number and complete description of all equipment to be used by the applicant for providing service pursuant to the Franchise Agreement. • Provide a detailed list of the number of personnel by job title to be used by hauler to provide services to the City. 07/ l 9/99 g DRAFT 99- 553 City of Miami, Florida Commercial Waste Hauling Services RFQ No. 98-99-090 • III. Insurance Requirements DRAFT The applicant seeking to qualify to participate in the franchise agreement as specified shall furnish a public liability policy in the minimum amount of $1,000,000. The applicant shall carry in the applicant's own name an automobile liability insurance policy covering the applicant's operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. Insurance certificate shall also include workers compensation coverage. The certificate shall provide that the policy contain an endorsement requiring that the department shall be furnished within ten (10) days notice by registered mail prior to cancellation, or material changes in the policy(s). A copy of the certificate of insurance in the name of the applicant shall be submitted with the response to the RFQ. I hereby certify that the above information provided, and its corresponding documentation, is true and correct. I fully understand that any false or misleading information, or the omission of information as required by the City for the purposes of deceit or deception, shall be grounds for disqualification from participating in the City's Franchise Agreement. I further certify that the undersigned is legally authorized to sign this statement on behalf of the applicant for participation in the Franchise Agreement. The following must be witnessed and notarized by an authorized State of Florida Notary Public. Signed : Telephone No.: Beeper No.: Date: Witnessed by: 07/ 19/99 Print Name: Title: Fax No.. E-mail Address: Print Name: 9 DRAFT 99- 553 City of Miami, Florida 0 Commercial Waste Hauling Services q, RFQ No. 98-99-090 State of Florida, County of Subscribed and Sworn before me that this is a true statement this day of _ 1999. personally known to me, or: produced identification. Notary Public, Sate of Florida Commission Expires Print Name of Notary Public j)R A.F1 07/ 19/99 10 (Seal) DRAFT 99- 553 9{.. L. 7 . CITY OF MIAMI 45 COMMERCIAL SOLID WASTE NONEXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI AND THIS AGREEMENT ("Agreement"), made and entered into this day of 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 Inc. a corporation, qualified and authorized to do business in the State of Florida, (hereinafter referred to as "Contractor" or "Franchisee"). WITNESSETH: WHEREAS, the City Commission has determined that it is in its best interest to issue a nonexclusive commercial franchise to CONTRACTOR to engage in commercial waste collection and disposal services within the CITY; and WHEREAS, the City Manager has determined that CONTRACTOR is qualified to serve in the aforesaid capacity in that it has -met the specifications set forth in the Request for Qualifications No. 98-99-090 and applicable sections of the Code and Ordinances of the City of Miami, Florida; and WHEREAS, CONTRACTOR 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 WHEREAS, on , 1999 Ordinance No. was passed by the City Commission of the CITY and amended Chapter 22, Garbage and Other Solid Waste, of the City Code to replace regulatory permits for providing commercial solid waste services with nonexclusive commercial franchises to qualified firms; NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants set forth and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, CITY and CONTRACTOR hereby agree to enter into this Nonexclusive Commercial Franchise Agreement for furnishing Commercial Solid Waste Collection Services within the City of Miami„Florida, as follows: 1 99- 553 • u WITNESSETH: ARTICLE I GENERAL INFORMATION Each "WHEREAS" clause set forth above is true and correct and herein incorporated by this reference. The ATTESTATION OF QUALIFICATIONS for Commercial Waste Hauling Services, submitted in response to RFQ NO. 98-99-090 by CONTRACTOR is herein incorporated by this reference. ARTICLE II DEFINITIONS All Definitions set forth in Section 22-1 of Chapter 22, Garbage and Other Solid Waste, are hereby incorporated by this reference. Agreement shall mean this Agreement, as it may hereinafter be amended or supplemented. Agreement Collection Area shall include all of the City of Miami, Florida, as the boundaries of said 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. Commercial Solid Waste Service shall mean the collection and disposal of garbage, trash, recycling, solid and processable waste for all Business, Commercial, Industrial, religious, health, educational, governmental and quasi -governmental establishments, including the collection and disposal of Construction and Demolition Debris. 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, recyclable material, 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. 2:.. DRAFT 99- 55^ 17'999 Contractor, the term contractor 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 of Miami 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 Contractor, 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 stricture 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. Permit Per Account Fee shall mean the annual charge assessed by the City to nonexclusive franchisees for each account with whom they contract for the provision of commercial solid waste services. 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 and other similar accounts. 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. 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. ARTICLE III GRANT The CITY grants unto the CONTRACTOR the continued nonexclusive right and privilege with related obligations to provide commercial solid waste services in, under, upon, over and across the present and future streets, alleys, bridges, easements, public rights -of -way and other public places within the CITY boundaries, present and future, for `contracted h1d'Itifamily, commercial buisiness, governmental; religious, educational, profit DRAFT" 3 JUL 8 7 1999 99- 553 and non-profit agencies and/or property owners for solid waste collection and disposal services. The CITY further grants unto the CONTRACTOR the nonexclusive right and privilege, with related obligations, to provide solid waste collection and disposal services for construction, demolition and renovation sites located within the CITY on a contracted basis. ARTICLE IV OBLIGATIONS OF CONTRACTOR CONTRACTOR shall be responsible for the collection and disposal of all commercial solid waste as defined herein. 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 CONTRACTOR unless specifically required by the generator and agreed to by the CONTRACTOR. CONTRACTOR shall make collection with as little disturbance as possible. Refuse containers shall be thoroughly emptied and maintained in a clean manner. Any refuse spilled by CONTRACTOR'S forces shall be picked up immediately by the CONTRACTOR. The removal of all refuse spilled by the contractor within a 10-foot radius from the center of the container will be the contractor's responsibility to remove. Spillage due to under -service will be the responsibility of the customer to keep clean and increase the service level which will prevent this condition. CONTRACTOR 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 Section 2 of Chapter 22, Garbage and Other Solid Waste, of the City Code. All containers serviced by CONTRACTOR shall be maintained in a clean serviceable manner at all times. At no time shall any of CONTRACTOR'S containers be left on public rights -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. CONTRACTOR shall be responsible for creating and maintaining schedules and routes within the limitations and under the provisions of Chapter 22, Garbage and Other Solid Waste. CONTRACTOR shall be responsible for providing notification of same to it's customers immediately. In cases of natural or man made disasters, the City Manager may grant the CONTRACTOR reasonable variance from regular schedules and routes. As soon as a declaration of an emergency is declared by the City Manager, CONTRACTOR shall be expected to secure its containers in order to prevent hazards and/or threats to public safety D K" " A F 4 JUL E 7 1999 99- 553 and health. As soon as practicable after such disaster, the CONTRACTOR shall advise the CITY and its customers of the estimated time required before regular schedules and routes can be resumed. CONTRACTOR shall make its customers aware of Miami -Dade County's mandatory Commercial and Multifamily residential recycling ordinance and shall make services available for contract. CONTRACTOR agrees to collect and dispose of the solid waste at designated CITY buildings and properties, free of charge, pursuant to Chapter 22, Garbage and Other Solid Waste, of the City Code, as assigned by the Director of the Department of Solid Waste, annually. In -kind service assignments will be made proportionate to CONTRACTOR'S percentage of total contracted commercial accounts in the CITY. CONTRACTOR agrees to collect and dispose of waste generated at assigned neighborhood cleanups in proportion to the CONTRACTOR'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. CONTRACTOR shall require that its employees wear clean uniforms or shirts bearing the CONTRACTOR'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 CONTRACTOR who is wanton, negligent, or discourteous in the performance of his/her duties; and that no person shall be denied employment by the CONTRACTOR for reasons of race, sex, age, creed, national origin, or religion. CONTRACTOR 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 CONTRACTOR shall have on hand at all times, in good working order, such equipment as shall permit the CONTRACTOR, adequately and efficiently, to perform its duties hereunder. CONTRACTOR shall have available at all times, reserve equipment which can be put into service and operation within two hours of any breakdown. CONTRACTOR agrees to strictly adhere to the provisions of Section 22-47 of the City Code which limits private waste collection service to between the hours of 6:00 a.m. and 11:00 p.m., except and only as determined by the Director of the Solid Waste Department. CONTRACTOR is required, pursuant to Section 22-2 of Chapter 22, Garbage and Other Solid Waste, of the City Code to notify the Department of Solid Waste, at least seven business -days prior, of accounts for -which it,w•ill,discontinue-service. • . I. - - 5 DRAFT' 95- 553 AtE7 �� 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 pern-litted Contractor. Therefore, Contractor agrees that none of the requirements under any of the articles of this Agreement 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 CONTRACTOR agrees to pay all applicable fees as contained and defined in ARTICLE II, DEFINITIONS, of this Agreement within specified time frames. CONTRACTOR agrees to remit to the CITY 20 percent (20%) of its gross receipts, as defined herein, received from its customers. Accompanying the remittance CONTRACTOR must provide the CITY with a list of the customers' names, addresses and total amount collected. CONTRACTOR 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 (20%) 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"' of the following month. Failure to remit by the 20"' of the following month will cause the contractor 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 CONTRACTOR'S franchise. CONTRACTOR shall on or before 60 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. CONTRACTOR agrees to remit to the CITY annually, the sum of $ $5,000.00 for the right to be a nonexclusive franchisee for commercial solid waste services within the CITY. CONTRACTOR agrees to remit to the CITY annually, the sum of $1,000 for the right to provide Specialized Waste Handling Services within the CITY. CONTRACTOR agrees to remit to CITY a Permit Per Account Fee as defined in Chapter 22, Garbage and Other Solid Waste, in the amount of $ 50.00 for each account contracted with for commercial solid waste collection and disposal services. DRAFT 6 JUL E 7 f999 9 9 - 553 CONTRACTOR agrees to remit to CITY a Roll-Off/Container Permit Fee in the amount of $50.00, per account, for temporary (not to exceed 90 days) roll -off container(s) utilized by CONTRACTOR in the course of its provision of construction, renovation and demolition material collection and disposal. ARTICLE VI RIGHT TO AUDIT OR INSPECT RECORDS The CONTRACTOR agrees to permit the CITY, or its authorized agents, to audit or inspect its records, fiscal books and tax returns, insofar as they relate to accounts within the City, during regular business hours, after reasonable notice, to confirm CONTRACTOR'S compliance with City of Miami Code and this Agreement. ARTICLE VII INSURANCE AND BONDS CONTRACTOR 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 CONTRACTOR'S operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. CONTRACTOR'S certificate shall also include workers compensation coverage. CONTRACTOR 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 CONTRACTOR'S previous 12 month franchise fees paid to the City or a minimum of $15,000, whichever is greater, as security for any fee(s) due to the City under this 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 CONTRACTOR 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 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. JULR A T .% 99- 553 ARTICLE IX RIGHT TO TERMINATE AGREEMENT The CITY reserves the right to revoke this agreement at any time whenever the CONTRACTOR fails to meet the obligations set forth in this Agreement after the CITY gives written notice to the CONTRACTOR of the deficiencies in service and the CONTRACTOR fails to correct the deficiencies or cease the conduct as set forth in the written notice, within fourteen (14) working days of the receipt by the CONTRACTOR of said notice from the CITY. Pursuant to City of Miami Code, CONTRACTOR has the right to, upon written request to the City Manager, to appeal the suspension or revocation of this Agreement, to the City Manager in accordance with the same time period as set forth by Section 22-49. All complaints received by the CITY shall be resolved by the CONTRACTOR within 24 hours. The CONTRACTOR agrees to make all reasonable and expeditious efforts to resolve every complaint. The CONTRACTOR shall perform every reasonable act to provide a level of high quality service which will minimize complaints. It is expressly agreed that in no event shall the CITY be liable or responsible to the CONTRACTOR 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, CONTRACTOR agrees that the CITY shall have the right to notify other franchisees of the opportunity to provide collection and disposal services. ARTICLE X NOTICES 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 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: City of Miami c/o City Manager 444 SW 2nd Ave. Miami, Florida, 33131 Contractor 99•- 553 DR�4FT JUL 2 7 1999 ARTICLE XI HOLD HARMLESS AGREEMENT The CONTRACTOR agrees that it will defend, indemnify and hold harmless the CITY of any lawsuits brought against the CITY, based upon the franchise herein being granted. ARTICLE XII ASSIGNABILITY 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 CONTRACTOR, its officers, directors or personnel. ARTICLE XIII COMPLIANCE WITH CITY ORDINANCES Notwithstanding any provision contained herein, CONTRACTOR shall fully comply with all of the requirements and provisions of the ordinances and Code of the CITY. ARTICLE XIV GOVERNING LAW 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 XV SEVERABILITY 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 XVI ENTIRE AGREEMENT This Agreement incorporates and includes all understandings, correspondence, conversations, and prior submissions applicable to the matters contained herein 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. ­.- �i I DRAFTS 9 9 9 - 553 It is further understood that no modification, amendment or alteration in the teens or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XVII SPECIAL CONDITIONS The obligation of the CITY and CONTRACTOR with respect to performance pursuant to this agreement shall be subject to approval by the City Commission of the City of Miami, Florida by Resolution within thirty (30) days following the execution of this Agreement. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: The City, signing by and through its City Manager, authorized to execute same by the City Commission and approval by the Oversight Board. 10 99- 553 J UL-ZU-1'=!tP 10 ; Ub `,UL 111 WH`J I t HVM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To . The Honorable Mayor and DATE: Members of the City Commission SUBJECT: FROM: D(/alO.WswREFERENCES: City Manager ENCLOSURES: JUL 2 0 1999 Discussion Item FILE The attached resolution regarding the Request for Qualifications for the provision of solid waste hauling service is submitted for the City Commission's consideration_ C!' DHW/RM/CP/mb TOTAL P.O1 99- 553