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M-93-0109
1 ' PWA8E WE ice, 4 3 1 O Miami&MPS � -r3 its fing eo� _ � PION For months, thousands of Miamians have pains- takingly scrubbed bottles, rinsed cans, and bundled = — newspapers for recycling. City workers have picked — it up, the stuff and hauled it away. To the dump. — "It's a travesty" Humberto Perez said after a reporter told him ate was wasting his time washing out a bottle. "We hie doing a lot of work and they =' don't even tell us that it's for It's bad." "' nothing. Miami is the only community in Dade that doesn't have a recycling program,said Debbie s — ` tliger, the county's recycling coordinator. It was —a suspended rive months ago, after Hurricane Andrew. Virtually everywhere else in the county resumed Pt.EASE W ney"Ift 84 Ult f Mai dui s i , A. c t A. '' W1`PCM.% FROU 1A p g p, the mayor A man who artswet, the city, beenickin u . y said. ".l thought it was still going recycling hot line,: 5754AVE„ .: pickups just on,-, last V1 tgt a tali r ."It'sgning weeks aRcr the storm. Miami, which was among the to the dump. Talk to -the commis x `!t's _'vexing problem for first communities in South 1~lor- sioner5." Metro, which stands to lose mil• ida to start recycling three years _ Crty'`1eaders` fine severe[ rea 1' d.'f '1. cans rn state arecycling isn t increased 'by next January. 4fii- ago thus month,• reached about `".eons f half _ the city's '60,000 homes -Right i cials are studying ways .. to `,`edccwrage„ Miami, Higer said, , before the storm -The other half were ov have, never had recycling: s#�e Across. the city; jammed blue iDln& filet "Miami R " y fiit manppv No an"Ouftementi� 8 e 5Cattered on street CorneCs` at14� in 'barb y�edS..1"Qr nyan� After Andrew, the city issued the, pi'�1l `no press releases Announcing sus- emergei nmt the news tbnt their • pension of recyclingg,, said spokes- pie�cVA p t bot t»d 'ins 8rc ',f �lixabeth.&bun. .e8 tug used cameo .n shock. _ w6man Apgar- brand ently;'tbere v " no public notice, idled. `except J1V% TeMble, I a' lot itne , ' : aye discussion at City `Theh trj' cten,nmg+ottt.;tl'tle bellies, ►c!'Y fast drip,stud'i�l84 'V. ;Commission 'meetings broadcast dod.l : over cabi television. 4. g *gurs, �'ho had a Three-foot pile , ttttg in frnatot of her house, City �varkers :usually the recyclable material tttµtlte i'S'fhoy`re ruiningg the water and : blue containers and thr he` i " said Sylvia h+>latute of cattle iavatta. trucks, aiQtrg with pl$il , olcl ` OpS, _ $ , r �{zavter Suarez ,t y y fpd when inrorrmed Af the prObl. b4c. �rhel At- a ,city. yard, 15 `recycling. while bn tp s and thpasayn�ds;�of brxi sat better, >4R'Y f,� �W a l♦iiAl i"may *.� 04 Ox C• VO art 00 buy, c Li c , ^5 aS�ignC`it t recycling truce wem 41ricaCe cleanup .largely 40444ry, and the :may: vkers have been dbin$ kup ork, city h4s deliber- Lli efforts quantities of hurricane debris, said Ron Williams, assistant city manager in charge of solid waste. So far, more than 1,000 truck- loads of chopped -up tree limbs have been delivered to South Dade farmers for use as mulch, he said. And last week, seven compa- nies gave the city proposals to build a composting plant that could eventually recycle as much as 90 percent of city garbage without any curbside program. Eut, even if it is approved, that f ' ' m nths to a LM wont open or six o year. OOT OF ACTION: Tt utl(s that costtaxpayars $1 million sit Idle Ina "it hasn't been easy in Miami cityyyorcl, the ttucM haven't been used sing Hurricane Andrew. sine the hurricane," City Man - alter Cesar Odio said. should., be 'asho*d on both rec cling to a private, company,,.r The city's handling of recycling eot'�tts.il�i 'take t the cutterup Again isn't the only.thing that upsets `Tgbis is an absolute outrage." ; Tpetday. A study in July recocn- environmental groups. Since he iaid "lW4,Jncm0ibi&that the , mended the change. November, Miami has defied a cit of R i;#qt wool dn1t do the - If a decl5con is agaiin delayed,. e;;;7,(ywide burning ban, and rig t thYti "1a It ,'odr image Cidja i;aiti he'll order the:eity's incinerated 15 to 25 tons of hur- cleln a ri& oUr 3tticets clean. ydin_trucks back on the road, ricane debris each day. Commissioners, wlio have-' . 1..ee Emerson, a spokesman for twke delayed a decision on "tine way or the other, w` need the Sierra' Club, said the city whether to hand aver ,curbside to start recycling soon, i 93- i_U9 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Msmbers of the City Commission FROM Cesar H. Odi City Manager s r- OATE : �lj �� "I = ) FILE REFERENCES: ENCLOSURES: Resolution Authorising interlocal Agreement It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to enter into an Interiocal Agreement with Metro -Dade County for inclusion in the County Curbside Recycling Program in a form acceptable to the City Attorney to provide curbside recycling collection services for 60,000 households in the City of Miami. �tt��73S�iNR The 1998 State of Florida Solid Waste Management Act requires counties and municipalities to develop and implement recycling programs in order to accomplish the statewide goal of a 30% waste reduction by July 1, 1994. Funding for recycling and educational projects has been established'through the Solid Waste Management Grant Program. After three years of establishing the City operated Curbside Recycling Program, only 50% of the private homes in the City are participating in the program. The Department of General Services Administration and Solid Waste performed an economic assessment of the costs and benefits associated with a City -operated 100% curbside recycling program in residential areas as compared to the same program operation provided under private contract (copy attached). The assessment revealed a cost savings of approximately $lt642,000 in the next three (3) years utilising the services of a private contractor. It should be noted that Metro -Dade County unincorporated residential areas and approximately twelve (12) municipalities in Dade County are presently provided with weekly curbside recycling services through privatization. The contractor would purchase all recycling equipment from the City of Miami. Employees currently performing recycling functions would be assigned to other duties within the department. Attachments 93-- 109 6-t Aft COASTAL RECYCIANG INDUSTRIES affide iA% VAi a of Out j`dttlm: c'' December 9, 1992 'is. Adrienne Yacbeth � Deputy Director Dept. of GSA and Solid mast 1390 N.W. 20th Street Miami, Florida 33142 lidlfo Dear Ms. Macbeth: Thank you for meeting with me last Friday (December 4th). I believe that the information ve have ahnrLl and the direction are linve chosen to pursue Logether should provide efficient and economical solid waste processing and recycling services for the City of Miami well into the next century. As per your sugges- tion, I will attend the December loth City Commission meeting and relay the following information in a timely and appropriate manner. 1. Coastal Recycling Industries has completed the arrangements for the estab- lishment of its new 500,000 ton ;annual capacity) municipal solid waste pro- cessing/recycling facility to be biilt in the City of Hialeah and available to serve ynur csL3'a solid waste needs by January 199L. 2. Cur uca facility trill cemp.' =t.�tly e'_imitcatc: yrnur need to provide expensive and inefficient curbside recycling services. All thnr will be necessary is for y�ur trucks to make one p•.ck-up o.: a'ol solid wczte at each residence and deliver the eativ a co::tents to or,r f,;c:-.iity where it is then mechanically separated for recyclables such ace aluminium, steel, plastics, organics, paper, cardboard, old newspapers. ::c. Tars mans that: A. You no longer have to hav separate pickups for source separated recyclables (whether you continue ::j use your jwn trucks and personnel or hire an outside firm to do the work). B. You no longe_ have to pay for source separated curbside recycling services (which only reco-rer an avc a of 57 of the waste stream). C. Since all of your wa:ze stream from till of yoit- residences will he processed at our facility you can state that 100°, of ;our residents parti- cipate in thi �; pose-cclle.•tioa :;.t:parL.tion recycling system. Not only Will our facility recover more than the 5` you :,ollect .rom ttic: curbside program but we process 100% of the waste stri:am - even the: tonnage thar you presently bring to the incinerator and/or which doe:; not get any further recycling processing. D. After removing the saleable recyclables our facility then takes the remaining discarded fiber prcducts (not marketable because it has been contaminated with food, coatings, glue, toners, wax and other impurities) and manufacturer a clear., renewable fuel fcr existing ind-;strAlal and utility bolters. Since this discarded parer amounts to almost half of the non marketable waste stream ue expect to be a::l:i to recycle a total vi 60% or more of your waste stream. t 23,46 S.v.:6►h Tt►-,: ce v W Hollyw-:od, Fonda 33023 3 3- 10 af} Tel.: l3U•,) W-i-3391 Fax 605) 96:5-1978 t�) Another major reason for your consideration is our tipping fee. When the facility opens in January 1994 we will charge only $59 per ton for this combination solid waste, processing recycling service. The fee will increase each year in accordance with tine South Florida CPI (which has averaged about 5% for the past four years) . The following table illustrates your tipping fee costs and savings :or 2CI,000 tons per year based upon our $59 base tipping fee plus 5% CPI annual ' increase. For purposes of comparison 1 any furnishing projections based upon Metro-Dade's projected tipping fees and increases for a five year period (as published by Metro -Dade last summer prior to hurricane Andrew). YEAS: 1994 1995 1996 1997 1998 Dade Dade Fee Tip Fee 200,000 Per Ton Tons/Yr. $67.00 87.00 95.00 108.00 116.000 Coastal Coascal Tip Fee 200,000 Per Tor. TonslYr. $13,400,000 $59.00 $11,800,000 Annual Savings 200,000 Tons/Yr. $1,600,000 17,400,000 61.95 12,390,000 5,010,000 149,000,000 65.04 13,008,000 5,992,000 " 21,600,000 68.29 13,658,000 7,942,000 23,200,000 71.71 14,342,000 8,.858,000 Total Savings for five years (tipping fees only) $29,402,000 Based upon the at,ve projections arLnual savini•:s should exceed $10,000,000 per year thereafter and.!Iiami won't have to pay for a curbside program. Coastal's facility will be designed, constructed ane operated by Addington Environmental, Inc, a solid waste firm whose parent company, Addington -c Resources, Inc. is a subet ntial coal mining firm traied on the NA=DAQ EXCHANGE. It is Oirough Addington F: soa ces that we -ave markets for t::e blended fuel cubes guaranteed well into the next century. ?ith assets in excess of $300,000,000 Addington has the resources to assure their ability to meet your solid waste/recycling needs. The facility will be financed through tria sale of Dade County Industrial Revenue Bonds which have been allocated for this prilect by the Dade 1ndust_•ial Development Authority. Your decision sr.,uld be based upon collection and disposal economics and in both these areaF roastal should be vonr choice. We will report recycled tonnage to the Metro -Dade D epartment of Solid Waste each month so that the materials being recycled from your city's waste stream will be reflected in Dade's recycling and dispossl plans and fot state -reporting purposes. Thank you for your time and cooperation, #W4Ud&4&91 Howard Cohen Dade# - 685-7012 t 93- 100 R. 93- 109FAI M I i �i ECONOMIC ANALYSIS OF — CURBSIDE RECYCLING — COMPARISON OF CITY VS. PRIVATE Prepared by Guillermo Valls - - Solid Waste Division April 14, 1992 = 93- 109 -Z lei ECONOMIC ANALYSIS OF CURBSIDE RECYCLING' COKPARISON OF CITY VS. CONTRACTOR PURPOSE: To perform a preliminary economic assessment of the costs and benefits associated with a City operated 100% curbside recycling program in residential areas compared to the same program operation provided under private contract. Metro -Dade County unincorporated residential areas and approximately other twelve (12) cities in Dade County are presently provided with weekly curbside recycling service through a private contractor. 1rhis contract will provide for education commingled collec.Aon, processing, and marketing recyclables. PARAMETERS: - The attached analysis compare City and Contractor program benefits for FY 1992-1994 and future years, when the State do not contribute to the program. - 60,000 households in the City. - On City proposal by pass of 1,000 house per route per day. * 14 trucks daily and 28 operators. - Disposal cost avoidance based on projections from actual (March 1992) - Material sale revenue would go to a special fund. After 1994 the State Recycling Grant would be eliminated. Start up fee $3.56 per househols (private) - Monthly charge fee of $1.57 per household (Private) - Contractor would purchased all Recycling Equipment from the City. Recycling fourteen (14) employees would be assigned to other function in the department. I -1- 93 109 -1- 93 109 ALTERNATIVE I. Operating Expensea: Manpower Cost 28 Operators 1 Supervisor Other Operating Expenses Total Operating Cost Purchase of Equipment 22,OOO Bins Total Cost CITY OPERATING CURBSIDE RECYCLING Minus: Cost Avoidance State Grant Total Deduction from Cost Net Cost First Year (FY 92-93) Net Cost Second Year (FY 93-94) Net Cost After FY•94 -2- $1,225,000 50,000 200o000 $1,475,000 88,000 $1,363,000 $ 490,000 6001000 $1,090,000 $ 473,000 $ 385000 $ 985,000 93- 109 ALTERNATIVE II. PRIVATE OPERATING CURBSIDE RECYCLING Start Up Cost 213,600 Operating Expense lr1301400 Total Cost $1044400 Minus: Fleet of fifteen (15) Trucks $ 6001000 (3 Peterbills & 12 Eager Bearer) 40,000 Bins 133,000 Cost Avoidance 490,000 State Grant 600,000 Total Deduction from Cost $1,823►000 Net Benefit First Year (FY 92-93) $ 479,000 Net Cost after Second Year (FY 93-94) $ 40,000 Net Cost afer FY'94 $ 640,000 -3- 93- 109 ANALYSIS OF _FIRST THREE (3), YEARS CITY VS. PRIVATE OPERATION F.Y. ALTERNATIVE I ALTERNATIVE II Cost Savings Cast 1993 473,000 $479400 ----- 1994 385,000 ---- $ 40,000 1995 985,000 ---- 640,000 $1,843,000 $201,000 Cost in future year 10% increase. Savings by Privatization of the Recycling Operation $1,642,000 in three (3) years. —4— €` 93- 109. w CONCLUSION F� e Based on the economic impact, resulting from the above alternatives, I recommend at this time that the City seriously consider the alternative of privatization of the Recycling, like the majority of the municipalities in Dade County. -5- 93p- 109 INTERLOC L AGREEMENT rOR INCLUSION IN COUNTY CURBSIDE RECYCLING PROGRhM This Interlocal Agreement ("Agreement") is made and ent9r0d into this day of 1990, by and between Metropolitan Dade County("County" ) a'n'�"the City of • ( "City°') in order that the City may be included as a portflon o the COUNTY SERVICE AREA to be provided with curbside collection of Recyclables by Industrial waste Services, Inc., An Attwoods Company, d/b/a Community Recycling ("Contractor") under the terms and conditions set forth in the Agreement dated January 22, 1990 by and between the County and the Contractor ihoreinafter, the "Contract"), a copy of which is attached hereto•and incorporated herein by reference as Exhibit "A." . ° Section I Definitions In all instances, terms used in this Agreement shall have the definitions contained in the Contract. Section II County Service Area - City's Portion The City's portion of the entire County Service Area is designated on the attached map (Exhibit "B"), incorporated hOre+in by reference). Section III Agreement Governs; Entire Agreement This Agreement is supplementary to, and not intended to supersede, that certain interlocal agreement !entered into by and between the County and the City dated ( ); vrovided, however, that in the event of any disc panc s • %san this AgFeement and that certain interlocal agreement dated this Agreement shall, in pertinent part, overu augersede the applicable provisions of said interloca agrassaent. It is agreed that no -deviation -from the terms of this Agreement shall be ppredicated upon any prior representations or agreements by and between the parties hereto, whether oral or written. section IV ., Collection Service 93- 109 rA City residents of single-family housing will be provided with curbside collection service of recyclable materials in the manner provided for in the Contract. All residents included in the program will be responsible for preparation and placement of materials in the manner specified pursuant to the Contract. All Participating City residents will be eligible to call the County -wide "Recycling Collection information" telephone number and receive assistance and information regarding recycling services provided pursuant to the Contract, 1 Collection of materials will take place on a schedule' consistent with the hours and days provided for in the unincorporated atom. Days or hours differing from the unincorporated are* collection service but coinciding with regular garbage or trash service within the City (e.g., Wednesdays and Saturdays) may be provided subject to negotiation and agreement with Contractor and approval by the County.' Section V Authorization/Responsibilities The City hereby authorizes the County to act on its behalf -in the administration of the contract for this recycling service in the areas of municipal jurisdiction. However, the City will be responsible for monitoring all aspects (collection days, hours, equipment, personnel etc.) of Contractor's performance within its jurisdiction and reporting any problems or violations to the County in•ordet to initiate corrective action in accord with the Contract. The City agrees to abide by all those terms and conditions that the County agrees to meet as contained in the Contract except as modified herein. C Within ten•(10) days of execution of the Agreement, the City shall provide the County with a list of all residential Properties in the City including both those to be serviced by the Contractor and an exceptions agreed to by the City and the County. This list shall 9rovide each property address to be serviced apd shall be arran ad y section, township and range. This list shall note an disabled residents designated to receive special service comparable to that provided for in Section 15-2 of the Code of Netropolitan Dade County. This list shall be provided to the County electronically in a format specified by the County. The. City -agrees to provide the County with an update of additions and deletions to this list each month in a format to be specified by the County. This update shall be delivered to the County on the first day of the month. Any discrepancies between the City's monthly mouse count and the Contractor's, monthlyy billinj allocated to the City shall be reconciled through'a.*field inspection to be 93- 109 to P. 0 a 7 performed by they County within 60 days, with any corrections to be reflected in the subsequent month's billing to the City.. Section vI 'Payments Within ten (10) days of execution of this Agreement, the City $hall, make a lump sum payment to the County of $ 3.56.times the number of Residential Properties within the City to be served in this program. subject to negotiation, this payment 'may be allocated to recycling or educational expenses in accord with applicable State Recycling and Education Grant requirements. An alternative form of payment, such as an equivalent in -kind contribytion or an increased Monthly Fee per Residential Property, may be arranged subject'to negotiation and agreement with the -Contractor and approval by the County. In compensation for provision of this recycling collection service on a regular basis, the City will make monthly payments to the County in an amount equal to the Monthly Fee (as determined pursuant to the Contract) or such other fee, as negotiated pursuant to the previous paragraph, times the average number of Residential Properties serviced during that month within the City's portion of .the entire County Service Area. In compliance with the Contract, if the Recyclable Material Revenue received by the Contractor in any quarter is less than 'the Recyclable Material Revenue Floor for the quarter, the City shall pay the County an amount determined according to the following procedure: (1) the Recyclable Material Revenue received for the quarter shall be subtracted from the Recyclable Material Revenue Floor for that quarter, to determine the deficit; r; (2) the deficit shall then be divided by the total number of Residential Properties serviced- (3) the deficit per Residential Property shall then be multiplied by the number of Residential Properties serviced within the City*s incorporated waits to determine the pEo r to deficit; and (4) the Pro rate deficit shall then be multiplied by 25 PerceFE to etermine the payment due from the Cityto the County for that quarter. The County shall send a cog of the Contractor's Quarterly Recyclable Matari�+l Revenue RtsLment to the City within three working days of receipt thereof. 93" 1d9// Z;- if the Recyclable Material revenue received from they sale of recyclable materials exceeds the Recyclable Materials Revenue Floor in any quarter, the City shall receive notification of -such excess and shall receive'a credit in an amount equal to one-fourth (1/4) of that Excess commensurate with the proportion of Residential Properties serviced by the Contractor which area within the City's incorporated limits. Such credit shall be deducted from the next regular payment.of the Monthly Fees due to the County from the City and shall be noted on both the invoice and payment voucher. No direct payments for such revenues shall be made to the C1ty except as may be appropriates subsequent to the last month of service. The City shall be responsible for delivering payment for recycling collection services to the County within twenty (20) days of the date of an invoice from .the County. The County shall be responsible for making. the total Monthly Payment for the entire Service Area, including the City's portion, to the Contractor in accord with the Contract. Section VII Containers As provided for in the Contract, the Contractor shall be responsible for purchase of a sufficient number of sets of containers to provide two (a blue and a green) properly labeled containers to each Residential Property in the program. All containers delivered within the incorporated area shall be the property of the Dade County Recycling Program. These containers are for the permanent use of the household to which they are delivered for the specific purpose of participation in a joint curbside recycling program. The containers are intended to remain with each property through the life of this contract and any subsequent.extansions. In the event that a unit's residents vacate the property, the containers shall remain at that location for use by the subsequent residents. The City shall not mark or label the containers in any fashion prior to obtaining the written consent of the County. Additional or "new" containers shall be placed.at newly -constructed and occupied Residential Properties added into the program in the existing County Service Area by the Contractor at no cost: Lost or stolen containers will be reported to the Contractor, who will be responsible for replacement at no charge up to an amount of five (5) percent annually of the number of containers originally distributed to Residential Properties within the City. In the event that the throughout the entire will be. responsible containers replaced excess of a percent, five (5) percent allowance is exceeded both service area and within the City, the City for reimbursement -.to the County for those within . its portion % of the service area in at a cost of 8 6.00 per unit. This amount 9.3- 109 page 5 will be determined annually by the County based can reports from the Contractor .listing the actual number and. location of replaced containers. The reimbursement for any excess over the five (5) percent shall be included in the next month's regular payment. Section YIII Reporting ., The City shall be sent a copy of each arterl Recyclable Material Revenue Statement issued to the Co un y e Contractor within ree wor ng ays of receipt thereof by t s County. This document shall provide the basis for calculating the City' a aymenticredit for the quarter's differeAtial from the Recyclable Materials Revenue;,Floor. The City-ahall.also be sent a copy of the Annual Report issued to the County by the Contractor. In addition, Monthly Project Reports and Quarterly Project Status Reports which are issued to the County by the Contractor will be made available to the City upon request. - City staff will also be notified of all, and may -attend any, regular meetings hold with the Contractor to review performance. Section IX Enforcement The City agrees to take such steps as may reasonably be necessary to protect Contractor's, ownership of all recyclable materials placed at curbside for collection by Contractor under the terms of the County Contract, including the preparation and submission of an anti -scavenging ordinance for the City. The City staff shall submit to the Municipal Council within a reasonable time, a proposed anti -scavenging ordinance that han'been approved by the Contractor. Unless provided otherwise by County ordinance, the City shall be responsible for enforcement -of this recycling program in that portion of the service area within its incorporated limits. section X Program Revisions Mirror program adjustments affecting the entire Service' Urea may be made from time to time as agreed to by the County and the Contractor. Such minor adjustments coul4 include, but would) not be limited to, such, items as variations in tiie required preparation of materials by the resident or hours of collection. in the event f 13. J� it! U �- MF that such changes will require notice to the residents, the County and the Contractor shall jointly take full. responsibility .for providing adequate notice to all of they residents. Any major program changes having a material impact on the financial relationship among the parties or resulting in substantial variation -in the amount and type of Racyclables collected shall be subject to review by the City. However, the County reserves the right to change or modify the Contract, and the City agrees to be bound thereby without separate written amendment to this ,Agreement as long as the unincorporated and incorporated areas are affected equally by such modifications. Section XX Liquidated Damages In the event that the Contractor fails to perform in accord with the Contract, liquidated damages will be imposed as provided for in the Contract. When thecae failures to perform take place within its incorporated limits of the Service Area, the City shall be entitled to receive a credit towards the following month's regular payment in an amount equal to 90 percent of the total dollar value of those damages actually received or withheld from the Contractor as provided for in the Contract. Section XII Service Initiation Schedule Contractor will initiate delivery of Containers and pickup of Recyclable Materials to the City within 120 days of receiving the City's Residential • Property list from the County or immediately following implementation of service to the unincorporated area, whichever is • later. Contractor shall complete delivery of Containers and implement pickup of Recclable Materials in the new area at an approximate rate of 3T,500 Komes.per Month. Contractor shat l perform the required duties under "Public Information Program' (described in Article 3D of the Contract) related to the introduction of the ricycling program to the residents of the City. Section XIII Multi-ramily Recycling Program Option As part of the Contract, a multi -family program option will be developed and implemented. This: program would be available to the City. The City shall receive periodic notice concerning development of this program. -. 93- 109 Section XXV e Default/Termination Contractor material Default In the event that the Contractor materially defaults, fails to correct such default and termination occurs as specified in Article 17 of the County Contract, the City shall share, in accord with their proportional share of households, in the proceeds of the performance bond in accord with Article 12 of the Contract, less any reasonable expenditures made by the County, except as provided below. if, in this circumstance, the County determines that it is in the best interest of the entire service area for either the County or another private entity to provide this service under comparable terms and conditions, the City agrees to continue .participation in the program. Otherwise, this Agreement shall terminate only upon notification to the City by the County pursuant to this section XI.'V. During the initial seven-year term in which the contract remains in effect, the City shall not have the right to unilaterally terminate this Agr, eement. City Material Default rr.se.s� r The following shall constitute a material default on the part of the City: ij Failure of the City to make payment to the County in accord with the provisions of section V1 of this Agreement. in the event that such default occurs, the County shall provide written notice to the City concerning the nature of this default. The City shall have thirty (30) days from date of the notice in which to resolve such default. In the event that the City fails to resolve the default, the County shall have the right to terminate this agreement and to withhold local revenue that the County distributes to the City in an amount sufficient to pay for all recycling services provided to date for which th►e City has failed to make payment, including the City's Pro rate share of any Recycling Materials Revenue deficit-7 Additionally, the City shall be liable to, and shall indsaanify, the County for any and all liability incurred by the County pursuant to the contract based upon the City's default. 2) Failure of the City to comply substantially with any other material term, covenant, undertaking.,, obligation or condition regwired pursuant to this Agreement, including, without f limitations, the Contract requirements • impoxed by Section V of the Agreement, if such failure ,is not corrected within thirty (30) days following receipt of -written notice thereof from the County; provided, however,, that, in the event that said failure cannot be remedied within thirty days, then the City shall be in default if it fails to take reasonable atepps to .commence and diligently prosecute correction of the failure within thirty (30) days following receipt of written notice thereof from the County. The City shall be liable to, and shall indemnify, the County, for any and all . -]liability incurred by the County pursuant to the Agreement 4us to the City's default. in the event of City default, the County may, at its option, at any time thereafter, declare this Agreement terminated without waiver of any legal or equitable action by the County against the City. Section XV State Recycling Grant llunds The City may choose to utilize State Recycling And Education grant funding to pay a portion of the monthly payments due to the County. Upon receipt of written notification from the City, the -County agrees to take full responsibility for meeting all State requirements for making an annual recycling grant application and for making the quarterly expense reports to the State on behalf of the City an it relates to this curbside recycling project. in this circumstance, the City's responsibility for meeting grant -related State data and financial reporting requirements will be limited to providing information concerning .any other municipal recycling programs. The City acknowledges that the State Recycling and Education grant is provided to all local governments on a reimbursement basis and agrees to make monthly payments to the County through the date of such State reimbursement. At least thirty (30) days prior to the anticipated date of State reimbursement, the City shall notify the County of its intent to receive these funds directly. in the event that such notice is not provided, the County shall retain these funds and make future months. payments to the Contractor from the City's pro rate share of the grant proceeds. The County shall issue a monthly statement to the City noting payments made to the Contractor and interest accrued on the balance. Section XV1 Amendment to Agreement Except as otherwise provided for herein, this Agreement may be modified, altered or amended only by '•a written amendment duly executed by the parties hereto. Any oral representations or �' s; 93— 109 f' modifications concerning this Agreement shall effect. M —, !Section XVII '��eadings be of no farce or Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this agreement and shall not affect the meaning or interpretation of any provisions herein. Section XVIII Xpprovals- Whenever approval of a Party is required by this Agre:event, such approval shall not be unreasonably withholds. Section XIX Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the: provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve xuch dispute. Section XX Rights of others Nothing in the Agreement express or implied in intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. Section XX= Counterparts This Agreement may be executed in one or more counterpart(s)s each of which shall be deemed an original. 93oetioA XXIS waiver There shall be no waiver of any right ��s'lated to this Agreement unless in writing signed by the party waiving such right. No delay ! page 10 or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a -waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. Section XXIII Time is of Essancs it is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement: Section XXIV Representations of County The County represents that (1) this Agreement has been duly authorized, executed and delivered by the Board of County Commissioners as the governing body of the County, and (2) it has the required power and authority to perform this Agreement. Section XXV Representations of City The City represents that (1) this Agreement has been' duly authorized, executed and delivered by the Board of City Commissioners as the governing body of the City, and (3) it has the required power and authority to perform this Agreement. ' • Section XXVI Approvals and Notices Notices and approvals required or contemplated by this Agreement shall bee writ en and personally served or mailed, registered or certified United States mail, with return receipt. requested, addressed to the,partiox as follows: To County: Dade County Do artmaint of Solid.Kasts Management 8675WN 33rd Street, Suits 201 Miami,Florida 33166 Attn: Department Director • 303/592401776 93-- 109 I kv To City: Attn : page 11 Section XXVII TOM The initial term of this Agreement shall begin on the date of execution -of this Agreement and end on June 30, 1997a Upon any and all renewal(s) of the Contract in accordance with Article i thereof, this Agreement shall automatically be extended without separate written amendment for the tem(s) of any and all such renewal period(s). This Agreement can only be terminated without cause upon written consent of both parties. IN WITNESS WHEREOF, Metropolitan Dade County, Florida,, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of *County Commissioners to be hereto attached; and the City of ,Florida has caused this Agreement to be executed in its name? y ��is City Manager or his designee, attested by the Clerk of the City Council, and has caused the seal of the Council tb be hereto attached, all on the day and year first written above. . Attest: Clerk of the Board UibBy• u y Mark Attest: Clerk of. the Cite Bys Sallf MaCn�rli METROPOLITAN DADR COUNTY, FLORIDA, BY YTS BOARD Or COUNTY COMMISSIO=R,a .Xy; oun y, anager CITY OF rLORIDA ' ti By: y manager James DAPietro 93- 109 AW I. 11. r LIMM ORES R APPRoyna RUDICAPPE SERVICS To provide garbage and recycling pick-up service for individuals with physical of health problems which prevent them from placing collectibles at the curbside for normal service provided by CountIs Solid Waste Management Department and Recycling Contractor. REMSTrNG Sl mal Resident calls into the Public Service Section of the Management & Budget Division of the Department of Solid Waste Management requesting handicapped service. I11. IMSTIGAT1011 - Olf= SBRFICE AREA A. Resident's information is referred elcetronically to the waste Enforcement Officer of the Garbage Division of Solid waste Management to begin the investigation for Dade County approval. (Code Enforcement Division will assist the Garbage Division if requested.) _ B. An appointment is made with the resident to interview and determine if handicapped service is granted. C. Based- on interview with resident the waste Bnforcesient Officer and/or Code Enforcement Officer may authorize or denied the request for handicapped service as follows: 1) Authorize handicapped service for both garbage and recycling. Z) Authorize handicapped service for Recycling Collection only. (If ttaat6s all citizen is requesting.) 3) Authorise temporary service for garbage or rdcycling pending submission of medical doaeentation. 4) Deny request based an failure to most at least ane of the criteria for approval listed in a» XV. V. t,-Ail1 Aft Section 111. D: If temporary• service is granted, the Baste Enforcement Officer and/or Code Enforcement will contact the citizen within 30 days to obtain the necessary medical documentation requested -at the initial interview. if citizen fails to provide the documentation, handicapped service is to be discontinued. s. Waste Enforcement Officer and/or Code Enforcement Officer submits the investigation memorandum (See Attachment 1) to the Chief of Garbage Division advising him if the request has been approved or denied. if approved, copies of the approval memorandum are forwarded electronically to the Procurement Section to be transmitted to the Recycling Contractor instructing him to begin handicapped service on the citizens next schedule day of collection and to the Public Services Section to be noted on the appropriate account. F. Garbage Division will maintain a file of all requests investigated. Memo to be completed by municipality as shown on Attachment 2. Completed memo is forwarded by the municipality to the Procurement Section of Management i Budget, Department of Solid Waste Kanagement to be transmitted to the Contractor to be scheduled for the citizens neat regular pickup. CRYTMIA FOR APPROVAL A. Resident*s physical appearances wheelchair lost limb blind heart condition renal dialysis B. failure to provide necessary medical documentation as requested by the Vast* Enforcement and/or Code 'enforcement Officer. 93- 109 �, r VI, REJECTION OF WMICAPPRO SERVICE If citizen requesting service has an able bodied =— individual residing at the resident. _e —1 93- 109 I"- #1 Please be advised that the foUwAn individual inns reqUeSted AuthOrix9tiOn to Place recrelable usterijOls at a U4stim other than curbside. NOW Addz;WS— Accotmt # Telephona___� PAQU # Request Date INTESTIGAMs, Date MICAL ErrnVmN=cMg CTACHED wr nzwlrni (DocmentAktim requated t9on ninvout4pticift) Tile`SEMM Camm UMU (Pdnding radical Su= ATE Locaticn of pia-Wt so= no= mum: M— E WE W— ffw�— 93- 109 M.*� AGREEMENT e A ARTICLE 1. Term of Agreement 2. Definitions 1 3. Scope of Services 4. Schedule of Performance 1 5. Anti -Scavenging . 6. Telephone Line � = 7. Compensation for Services ! 9. Recyclable Materials Revenues ; 9. Liquidated Damages I 10. Billings 1 11. Availability of Information/Right to Audit .12. Performance Bond 13. Collection vehicle insurance 14. Independent Contractor 15. Approvals and Notices �{ 16. Licenses and Permits ;.° 17. Default IS. Force Ma j sure 19. Non -assignment .. 20. Indemnification_ . 21. Insurance , PAGE 5 13 l i4 36 37 38 40 41 43 43 44 45 45 46 • 47 47 52 54 . 54 55 9 3 -F 109 Conti ued ARTICLE 22. Governing Law 23. Invalidity of Provisions ! 24. Entire Agreement; Prior Agreements Superseded 25. Readings 26. Approvals ' 27. Performanc." by Parties ' 28. tights of Others 29. Counterparts i 30. Representations of Contractor 31. Representations of County 32, Nondiscrimination i 33. Waiver. ! 34. Time of the Essence -i - 1 71 PAGE .S8 58 59 60 60 60 61 61 61 62 62 62 63 109 1 27 3 E AGREEMENT BLWEEN XKDUSTRIAI AMI SERVICE IRC AN ATT-WOODS 1 I COMPANY, d/b/a COMMUNITY RELY LING AND METROPOLITAN DADE i COUNTY FOR THE PROViSXON OP BSIDE COLLECTION SERVICE Off' • y j s RECYCLABLE MATERIALS THIS AGREEMENT, entered isnt t ix " day of Z) a0044- , 9?0at Miami, Dade County, Flo`rda'.by and between Metropolitan Dade County ( hereinafter , refe�rr. d Ito as the "County") , and i Industrial Waste Service, Tncr, An Attwoods Company, d/b/a Community Recycling, (hereinafter �Ieferred to as the "Contractor"). WITNESSETH WHEREAS, the 1988 Solid Waste Management Act enacted by the Florida Legislature mandates a 30 ,I g `percent reduction in the volume of solid waste requiring disposal by 1994, and requires each county to initiate a recyclable materialsirecycling program; and WHEREAS, Metropolitan Dade `County desires to imp lement a l curbside recycling program; Industrial waste Service wishes to provide such service to the County, -,land WHEREAS, Metropolitan Dade County received state grant funds to initiate a curbside recycling pr�gram and is required to proceed Stith the program; NOW .TXMFORE, in consideration of the mutual premises and covenants herein contained, it is acroadas follows: s ; 93- 10!9 T 2A, The term of this Agreement hall commence with the date of execution, and shall expire on June 30, 1997. The county may renew this Agreement on the same terms and conditions for a period of 'up to ten (10) years in two () five-year periods.- r ARTICLE 2 i DEFINITIONS For purposes of this Agreement, the following terms apply: i Agreement: This document, including any written amendments ...� ra.r ■rrrw shall hereto and other written documents which are expressly incorporated herein by reference o a County: metropolitan Dade County, a political subdivision of the Stats.of„Florida. Collect,ion..Hours The time period during which collection of recy;1able materials is authorisld by the County. scheduled collection hours shall begin no egrlier than 7:00 A.M. and shall and no later than 5:00 P.M., except11as provided below. Collection shall. only occur on regularly-seched led days and any changes to the s times of collection above mast be', pproved by the County prior to 1 implementation by the Contractoro Contractor may continue to collect Recyclable Materials'until� 100 p.m. If the additional time is necessary due touncontrollable ,circumstances (e.g., mechanical breakdowns, weather) to complete thA Rscycling Routes. Contractor shall notify County prior to ope ating after 5:00 p.m. This notification shall be made orally!o the Director's -office of the Department of Solid Waste Managemen Container: A single bin as described in Article 3.A.1 (a). Contractor: Shall mean Industrial 'aste Service,, Incorporated, an Attwoods Company, d/b/a Community Ricycling. Countv Service Area: Residential Properties serviced by the metro -Dade County Department of Solid Waste Management for their regular solid waste collection services, Residential Properties s located within Municipalities participating in this recycling program, and Residential Properties which are not serviced by the County, but are within a geographic area where the County does provide regular solid waste. collection service. County Service Area also includes Residential Properties within unincorporated Dade'County, but outside of the normal area where the County provides regular solid Waste collection service and designated Multi -family Units. 93- 109 I Fair market Value: price paid or (2) below; t t The higher of. the index pric®' .he I for I following: (`i) the actual the commodities as listed e . t � 1 a) Newspaper: The index price paid for newspaper shall be one hundred percent (l00%) of ( he scale price received by Contractor for newspaper from material purchaser. The price shall 1. be determined monthly by the consuming mill company as communicated to material purchaser by monthly purchase order. The floor price is zero (0) and the cap is twenty five (25) dollars per ton. (b) ,Aluminum Cans: The index price shall be Alcoa's purchase price for loose cans less two cents (2) per pound. i (c) Clear, Brown and Green Glass: The index price shall be the price paid by material purchaser for clear, broarn and green glass less four (4) dollars per ton'. (d) Plastic NGPE and PET Containers: The index price shall be the price paid by material purchaser for HDPE and PET containers less two (2) cent per pound. (a) Ferrous Cans: The index price shall be the actual price paid by material purchaser_less 4 dollars per ivn. the index prices will be adjusted to reflect standard deductions which apply to every load and which shall not excaed i percent of the index price. ,any nori- standard deddction will not be considered log 31 when calculating Fair Market value'. All index priceso at the Contractor's option, may be A.B. Contractor's Processing Facility. rorce Majaure: An act of Cod, ep demic, lightning, earthquake, fire, explosion, storm, hurricane, flood or similar occurrence, strike, an act of a public enemy, .o blockade, insurrection, riot, general arrest or restraint of: jovernment and people, civil disturbance or similar occurrence, Which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement w ich by the exercise of due diligence such parties shall not havi been able to avoid. Such acts or events do not include acts or omissions of third -party _ contractors, materialmen, suppliers, or their ..subcontractors, unless such acts or omissions are lotherwise encompassed by the definition.set forth above. .i Institutional Customers: Schools, medical facilities, public buildings and parks within Dade County. Missed Collection: The failure of the Contractor to provide Recyclable Material collection service to a Residential' Property within the recycling routs during collection hours on the day Id . scheduled for route collection, j 4 j Mixed wastepaper% Uncontaminated paper material tuch as, without limitation, white ledger, colored ledger, discarded letters and I !� envelopes, computer paper, an8 office paper. Monthly Fee: Amount paid by the County to the Contractor for each Residential Property or Multi -family Unit within the County Service Area included in the curbside program. a• Multi-;amily Units: Residential .units in structures containing four or more attached units locates in the County's unincorporated service area and not served by -Countygarbage collection. Shall also include similar units within municipalities that choose to participate in the program. Shall not include multi=dwelling units designated by the County as Residential Properties. Municipality: A municipality created pursuant to general or special law authorized or recognized pursuant to Section a or Section 6, Article VilI of the State Constitution. Plastic Containers: Beverage containers made of high density polyethylene (HDPE), such. as milk jugs, and polyethylene terephthalate$ (PET), such as soft drink bottles. Processing and Marketing: Contractor preparation, sale and delivery of Recyclable Material to buyers. i . Processing Facility: Recyclable Material is I Contractor, a structure where collected sorted, prepared And temporarily stored prior to delivery to buyers. s Recyclable Material: Green las�; brown lass,. and clear glass; y material: 9 ( 9. g • aluminum cans and ferrous cans; P a tic Containers; newspaper;' and any other materials mutually agreed twin writing by the Contractor and the County. Recyclable IMlaterials shall not include pharmaceutical glass cct,tainers;! pesticide containers, or any hazardous wastes. Recyclable_ Material Preparation: Mode of recyclable material preparation utilized by Residents and Institutional Customers as follows: . 1 1. Clear, green, and brown glass containers: unbroken glass containers: should be rinsed: Metal or plastic lids/caps should be removed. 2. Alumina and Ferrous Cans: Cans should be rinsed. t a 3. Plastic Containers: Containers should be rinsed and plastic and metal caps should be removed. 40 Nees tint:- News riot-t _p p ype paper, including glossy inserts , which are delivered with the newspaper, should be clean and , unsoiled. 93- 109 Recyclable Material which exceedsthecapacity of the Container(s) should be placed in a separate blown paper bag, or if newspapers, may be tied in bundles, and set ad'aeent to or near the Containers on collection day for pickup. Recyclable Material Revenue: Theequivalentrevenue obtained by Y W ' multiplying the amount of Recyclable Material sold in a given month by the Fair Market value, for that month. �In calculating the Recyclable Material Revenue, the Contractor will not include any material which has a negative value. Recyclable Material Revenue Floor: The revenue equal to the average number of Residential Properties which are located within the Recycling Routes being served by the Contractor during a particular month times $0.50. The average ,number of Residential Properties shall be calculated by adding the number of Residential Properties at the beginning of the month to those existing at the' end of the month, divided by two. Raccyclinq Route: A fixed -course, defined territory or designated set of Residential Properties, which would generally be assigned to r one truck, to be served in one work clay. Each route has specified hours of collection and a specified day of the week upon which the Contractor is allowed Recyclable Material pickup for that set of Residential Properties. 93- 109 Residential Property: Attached and daatached single and multiple dwelling units and mobile units serviced as a household account by � i the County's Department of Solid#waste Management. Residential Property shall also include those single dwelling :uniti' within municipalities participating in the county's recycling program, the single dwelling units included in� he! recycling program that are not serviced by the County, designated multiple -dwelling units, j and single dwelling units ;serviced by the County as, commercial Nccounts. ` Resident: Occupant of a Residential Property. Residue: Material collected by the Contractor that is not Recyclable Material. j Specialized Container: Receptacle used to contain Recyclable Material from Multi -family Units and: Institutional Customers. i Subcontractor: Person other than the Contractor who performs any part of Contractor's responsibilities set forth in this Agreement, i weekly Set -out Rates: Number of Residential Properties which have set out Recyclable Materials for- collection during a given week "? divided by the total number of households on a Recycling Route. b 93- 109 9 A. ARTICLE SCOPE DP SERVICES Curbside Recyc�, ling• ' 1. Container Purchase and Distribution. (a) Contractor shall purchase and distribute, at sole cos c, one set of two County --approved Containers its to each Residential Property in the County Service Area, Each Container shall be hot -stamped with the type of material acceptable, Contractor's recycling information telephone number, "Property of Dade County Recycling Program", and any other information as approved by the County. one Container shall be for newspapers, and the other Container shall be fir commingled Recyclable Material consisting of glass, plastic and ferrous and alwninum cans, Each Container shall be a "milk -crate" type of approximately 12 gallons, made using 25% recycled plastic. The newspaper Container shall be "Metro -Dade* green, and the commingled container shall be "Metro -Dade" blue. (b)'Within five (5), days of execution of this • ''Agieement, County shall provide a•County-wide routs MOP with routes listed by dayiof collection, and shall also provide individual route maps which dispiny boundaries I I i. , of '`each route ' and a house count` for each route. Within - ,f 93� 1 � i 9 days of execution of� this Agreement, County ;shall � I provide Contractor with township, range and section maps. Such overlays sha 1 be made in the'same scale as 1 the route maps. , .t ,1 i/ Ii Based on the above information, the Contractor will i develop his Recycling R Ites. The set of two Containers will be delivered to each Residential Property within a tractor will be responsible for Recycling Route. The C4 counting the number of Residential Properties and will provide to the County a route map with the -Residential Property count. This information will serve as the initial count of Residential Properties in the program. During the distribution of the Containers the County has the option of accompanying the Contractor to verify they Contractor count. By April .1, 1990, the County shall provide to the Contractor an initial service list of each Residential Property within the County Service Area, arranged by section, township, range and number of units (if applicable). This list shall also include the total number of units in each section. Also by March 1, 1990, County shall provide, to the extent that it is able, a list of Residential Properties within unincorporated Dade County but outside of the normal area where the County provides regular s6lid waasto collection service. This list will- provide property addresses b section, t township, and range. A mailing address may be given when the property address is unavailable. County shall provide to Contractor, by the 10th day of each month, a monthly update by section. of .new properties to be served`; properties to be discontinued; properties whose folio numbers have changed, thus changing their pection; revised total units per section; and any change in number of units in a property. County shall provide to Contractor .an annual consolidation of the service list of Residential Properties. Any new Residential Property which results from construction, or occupancy of a Residential Property which . was unoccupied during initial container distribution, or expansion of the County Service Area, shall receive one set of Containers from Contractor at no cost to County, and shall be included in the curbside program within 21 days of notice to Contractor by County. (c) once a. Residential Property receives its initial set of Containers, Contractor shall be solely responsible for replacement and distribution of Containers delivered to Residential Properties: Contractor shall "replace such Containers within 20 days of replacement request, and shall raepott to County the number of Containers actual y'replaced in the monthly 4 _ 93- 109 �`�' project report as provided for in Section P "Reports". Contractor shall absorb the cost to replace annually (July through June)' up ! to 5t . of the total number of Containers deliveredi to'Residential Properties. This shall include Containers lost due to .demolition of il Residential Properties.1,1The County shall reimburse the verified expense for replacement Containers in excess of • i S% per year (July through June) up to a maximum of $6 pe: Container at the end`of.the twelve month period. An exception shall be made in reimbursing -this expense for the first year, which will run from the- date this Agreement is executed until June 30, 1991s as oppos6d to July through June. (d) The ownership of the Containers purchased and distributed on behalf of County by Contractor shall be, and remain with, the County. ownership of Specialized Containers shall remain with the Contractor. 2. Collection of Recyclable Materials. (a) Frequency (1) Contractor will provide curbside collection of Recyclable Material once per week from each Residential Property within the County Service ,Aroao on a fixed, regularly -scheduled solid waste '40 -• 93 149 collection day. Recycling Routes established by Contractor are subject to approval by County. (2) All residents except disabled participants as designated by the County shall place all Recyclable Materials to be picked up at curbside between sundown the evening before, the fixed collection day and 7:00 A.R. on the fixed collection day. Recyclable Matgrial shall be placed at curbside, in front of property its such a manner as not to obstruct pedestrian passage. (3) Contractor shall collect Recyclable Materials which have been placed at curbside prior to 7:00 a.m. on the fixed collection day. Contractor's collection stuff shall observe only those holidays observed by County's garbage collection crews. `b) Personnel (1) Contractor shall provide, at its sole expense, except as otherwise provided herein, all labor and equipment to perform its duties hereunder. Sufficient collection personnel shall be provided by Contractor to satisfy the collection schedule. .(2) Uniformx shall be provided by Contractor for its personnel. Contractor shall ensure that 93- 109 personnel are well-groomed, that uniforms are welPt -and that peponnel are neatly attired. style of uniforms shall be approved by the County prior to use by the contractore (3) Contractor's personnel shall be courtequs and congenial during the performance of their duties. i (c) Procedures for Collection 1 (1) Contractor shall -collect and remove all Recyclable Material which is properly segregated, properly packaged and placed in or adjacent to Containers at the curbside on public streets, from the County Service Area. (2) it shall be Contractor's responsibility to educate and notify the Residential Property Residents to follow the correct of Recyclable Material Preparation. r (3) Residents of the Residential Properties should properly sort the Recyclable Materials, separating newspaper from glass, aluminum and plastic. (4) County shall provide Contractor"with a list of disabled participants designated for backyard or. LA 93- 109 other special garbage collection. Contractor shall perform backyard - or other special recycling collection service for only these individuals and similarly -designated individuals within Municipalities. (5) Contractor shall not mishandle, throw, discard, remove, or mar Containers. Contractor shall return Containers to point of collection in an upside down or upright position after emptying their contents, except as provided in (7) below. (6) The cleanup of any spillage caused by Contractor during collection shall be the responsibility of the Contractor. (7) Any item that is not Recyclable Material shall be left in the Container with notification that the -' item was not acceptable. 3. Transportation and Marketing of Recyclables. as Contractor shall establish transportation and marketing arrangements for the Recyclable Material. Equipment -utilized for storage and transport of Recyclable Material to buyers may be owned or leased by Contractor or the brayer. ' s 93— 109 b. Contractor shall, transport collected Recyclable Material to the Processing Facility described in Subsection B ("Processing Facility") below. Contractor shall retain responsibility for the sale of such materials in a timely manner. Contractor•' shall be responsible for securing market contracts for the sale of Recyclable Material and, if necessary, for transporting Recyclable Material to market. c. Contractor shall be prohibited from disposal of Recyclable Material at any solid waste management or disposal facility unless Contractor is unable to sell the Recyclable Material.. The Contractor will dispose of the non -marketable Recyclable Material at County disposal sites and will pay the County the current disposal fee up to a maximum of $500,000. Above $500,000, the County, at its sole option, can either assume the cost of disposal or instruct the Contractor to discontinue collecting the non -marketable Recyclable Material. If the collection is discontinued, the Monthly Fee will be reduced by the actual savings from discontinuing pickup of the non -marketable Recyclable Material. Residue picked up on the Recycling Routes may be disposed of at the County landfill free of charge, provided this amount does not exceed 5 percent of the total Recyclable Material and Residue collected monthly. 93- 109 2f% Any amount over this percentage shall be.charged at the present County landfill disposal rate. d. Contractor shall provide all required specialized curbside collection vehicles and support -vehicles with appropriate manning to service the County Service Area. (1) Contractor shall purchase, owd and operate new specialized curbside collection vehicles with compartmentalized bodies to accommodate separation of the Recyclable Material collected. vehicles utilized pursuant to this Agreement shall be approved by County, as provided in Article 15, and shall be used solely for collecting recyclable Materials in the County Service Area on Monday, Tuesday, Thursday and Friday. On the other slays, the equipment can only be used in Dade County unless the Dade County -specific promotional material is not visible to the public. (2) Contractor will be responsible for having sufficient spare equipment to ensure timely collection of Recyclable Materials during Collection Hours. (3) Contractor must ensure that: 93- 109 (A) Recycling collection vehicles are kept in a clean and sanitary condition. County may require Contractor to clean any recycling collection vehicle. (8) Contractor's specialized curbside collection and recycling transport vehicles, including any support vehicles, shall be covered in a fashion that will not permit Recyclable Material to be -contaminated or to allow loss of Recyclable Material. (C) Contractor shall ensure collection vehicles are appropriately painted. County may display recycling program promotion on the vehicles as well. (4) The County shall sticker and Number each of the Contractor's recycling vehicles with a 4-digit number beginning with 9. (5) Contractor shall provide County with all information required to monitor route performance. F. Multi --Family Regyclinq'ogtion: 1. The Contractor will serve Multi -family Units which have been designated by the County as participants in the program. After a Multi -family Unit has been designated, thp, Contractor will have 90'days to inmate service. 93- 109 The Contractor shah, provide a Public Information Program for the Multi -family Units that is similar to the program described in Article 3, Section D, including the two notification requirements, prior to beginning the program. - 2. The Monthly Fee shall be as described in Article 7, Section C. 3. Multi -family Units will be served with Specialized .Containers of the 'type normally used for commercial garbage collection, and will be picked up at least once per week. If it is impracticable, because of space or other limitations, to use garbage containers, 90 gallon heavy duty plastic containers will be used. 4. The Contractor may use two Specialized Containers to service the Multi -family Units, one for newspaper and one for commingled material; or one Specialized Container with a divider creating two compartments, one for newspaper and one for commingled material. C. -. Processing Facility. 1. Contractor's Processing Facility shall be located at Contractor's existing All Paper Recycling (APR) building, located southwext of -the intersection of South 93- 109 4/7 2. East iith Court and South East 12th Street in Hialeah, Florida. The property adjacent to the APR building may also be used as additional apace for the Processing Facility in the future. Contractor shall provide a County -approved seal®house t and scale at the Processing Facility. The computerized weighing system to be used at the scalehouse shall be provided by the County. The scalchouse shall be operated by the County at no cost to' the Contractor. The scales shall be open from 8:00 a.m. to 6:00; p.m. All vehicles shall be weighed by the County to determine i the quantity of the newspaper and commingled material t coming into the Processing Facility. Subsequently; all vehicles leaving the facility• to deliver various Recyclable Material going to the markets shall be weighed by the County. Individual weight slips for newspaper and commingled Material received at the Processing Facility and for each category of Recyclable Material being ,transported to market shall beam the time, date, type of material',- vehicle identification r number, gross and 'net weight of .vehicles and initials or signature of driver. Tare weights of recycling collection and transport vehicles will be verified on a periodic basis at the discretion of the County. The County shall submit a copy of weight transaction information to the Contractor.at the and of each day. 2.. 93- 109 x If Contractor transports newspapers directly to the Durbin plant, Aurbin's weight tickets shall serve as the official weight of' the material. The Durbin weight tickets shall contain the sane information as the County weight tickets. s ' 3. Contractor's Processing Facility shall have sufficient capacity to receive, process and store all Recyclable Materials collected in one week. If additional capacity is necessary, Contractor agrees to operate the Processing Facility for additional shifts required. to handle the flow of Recyclable Material. Processing Facility may receive Recyclable Material from any source other than the County's program; provided Contractor. keepsRecyclable Materials from the County's program segregated and separate from Recyclable Material from other sources. 4. Contractor shall furnish, install,, and operate all processing, conveyance, and storage equipment to receive, convey, separate, densify, store and market all Recyclable Materials received at the Processing Facility._ S. Contractor's Processing Facility shall be capable of accepting newspaper, and other commingled Recyclable Materials as defined to Artie, 2, as well as sorting 93- 109 yq and processing them to the necessary specifications required by material buyers, in order to receive the Fair Market value. 6. Contractor shall acquire, and keep current all necessary permits for the Processing Facility. i D. Public Information Program 1. introduction of Program (a) All promotional and educational materials described in'Subsection D, "Public Information Program", shall be reviewed and approved by County before distribution. (b) Contractor shall provide a letter, doorhanger, or similar document introducing the recycling program to the Residential Properties in the County Service Area approximately four (4) weeks prior to the distribution of the Containers to a Residential Property. J. (c) Contractor shall prepare and distribute an introductory packet of information regarding the curbside program, with the Containers to each Residential Property in the County no less than one (1) week and no more than two (2) 'weeks prior to the t ° 9 3 -- �. 26' initiation of the curbside collection of that Residential Property. Packets shall include: ii) A letter from County urging Residents to participate in the program; (2) A twos -part information card containing specific information to the Resident regarding collection. day, non -collection holidays, preparation of materials and other appropriate matters; a sticker displaying the Resident's collection day which Resident may place on his/her Container; and a tear -off and mail -in card for volunteers•to assist with promotional programs; and (3) one set of two containers. 2. Continuing Promotion/Education Efforts Contractor will develop a continuing promotion and education program to generate increased participation, create a general public awareness and encourage civic groups, community• associations and other interested parties to become involved in promoting participation. -The Contractor's program will include mass media campaigns, specialized information programs, educational programs, and general publications programs. U.S- AV7 51 3. Evaluation Plan for Public information Program Contractor will employ professional public relations services in the development of the public information program including the development of an evaluationplan, which meets the County's approval, to measure the effectiveness of the program, and shall provide the County with the results of the evaluation plan. E. Marketing of Recyclable Materials. 1. Contractor shall segregate and sell all Recyclable Materials collected by Contractor pursuant to this Agreement. 2. County shall have the option of marketing any material which the Contractor cannot sell. F. Reports. Contractor shall submit to. County the following reports on forms approved by County. Any information provided to the: County is subject to audit by the County. Pertinent back-up information must be available upon County's reasonable request. All information should be transmitted as agreed by the parties. .` a . Hop hly Project Reports. 9 3 - 109 RS El within Fifteen (15) working days after the last day of each month, Contractor shall submit a'manthly project report to include.at least all of the following: (1) Summaries of tonnages of all Recyclablee Materials • sold, by material, and a detailed trdnsadtion-by- transaction report including rain Market value. (2) Residential Property participation rates in terms of weekly Set -out Counts, and volumes collected from individual Recycling Routes. . (3) Number of households added to program during the preceding month, number of Containers replaced during the month, as well as changes in routing which have been made during the month. (4) Description of any reason of .nonperformance of contractual obligations, e.g., equipment breakdowns, missed routes, discrepancies of original lists from County• •. (S) overall assessment of performance during the month. (6) Detailed data to allow analysis of collection and processing equipment capacity. . k i Y 93 109 ■ (7) Discussion of any discrepancies between the original lists provided by the County and the actual observations in the field by the Contractor. (8) Discussion of problems and noteworthy experiences in program operation. b. quarterly Project Status Reports. Within twenty (20) working days from the end of each quarter, Contractor shall submit a quarterly project status report which summarizes the monthly reports for the preceding quarter. C. Quarterly Recyclable Material Revenue Statements. Within twenty (20) days from the end of each quarter, Contractor shall submit a Recyclable Material Revenue Statement of all sales, of Recyclable Materials from the curbside Recycling Program sold during the quarter. This statement will include by type of Recyclable Material: volumes scold, actual revenues •received by Contractor, Recyclable Material Revenue and Recyclable Material Revenue Floor for the quarter. d. Annual, Reports. s �3— 109► 5'I on or before July 31sof each year of the term of this i Agreement, the Contractor shall submit a year-end annual report for the proceeding period of July 1 through June 30, to include at least the following: (1) A summary of the information contained in the quarterly reports, and a summary of the participation rates and tonnages of Recyclab."Le Material. (2) A summary of public awaren%=9 nctivities .and an evaluation by Contractor of each of these activities to determine their impact on participation and recovered volumes of Recyclable'Materials. (3) A discussion of highlights and other noteworthy experiences, and measures taken to resolve problems, and increase efficiency and household participation.' e. Property Damage Reports The Contractor shall •be responsible for any damage to property caused by the Contractor's crews and/or equipment. Contractor shall be responsible for monitoring complaints from customers involving' property • damage. A foreman will be sent by Contractor to the address to inspect the damage and will fill out a damage assessment form to be signed by the Resident. The Contractor shall be responsgible for resolving, and, if warranted, for providing payment of the claim within 93- 109 575" i sixty (60) days. If Residential Property ownerr is not satisfied with the decision of the Contractor, that property owner may purjue other available remedies or may waive all other remedies except as provided herein, and the County shall serve as final arbiter.of claims for damages less than $250 ,for a single incident. If damages claimed exceed $250, either party may appeal the decision in the manner described hereinbelow. Property owners acceptance of this procedure shall be in writing in a form approved by the County. Such an appeal must be made in writing to the County Manager within fifteen (15) days after the: date of the decision complained of, on a form prescribed by. Dade County. The decision being appealed must be set forth concisely, along with the reasons or grounds for the appeal. The County Manager shall, within ten (10) days after receiving the written notice of appeal, appoint a- -three -member committee made up of departmental personnel other than the Solid waste Management Department which, after considering the appeal, shall make a recommendation to the County Manager whether to affirm, reverse or modify the decision appealed from. The decision of the County Manager shall be final, and no petition for rehearing or reconsideration shall be considered except that the Contractor, within thirty Q )• days of the County 93-- 109 '� 32 Manager's decision, may pay under protest, and may institute a civil action in a court of competent Jurisdiction. to determine liability for any damage allegedly caused by Contractor for property damage as required by this section. If Contractor•.is prevailing party, then the County shall return all sums paid under protest, with interest at the statutory rate of interest on judgements. If Residential Property owner is dissatisfied with the County Manager's decision he may pursue other available remedies. The County, pursuant to the administrative arbitration proceeding provided by this .section, may award only the amount of actual property damages, and may not award consequential, punitive or other damages, provided, however, that nothing herein shall limit Contractor's indemnification obligations, if any, that exist pursuant to Article 20 of this Agreement. G. Local Manager. Contractor shall, at all times during the term of this Agreement, employ a Local Manager charged with the Supervision of Contractor's operations under this Agreement. Local Manager shall, at all tines during the term of this Agreement, maintain a local office and telephone in Dade County. 9 3 — 109 pA 57 ww 4,11 0111 ARTICLE 4 SC 1EDULE OF PERFORMANCE A. Contractor shall initiate delivery of Containers and pickup of Recyclable Materials to residences within the County Service Area within 120 calendar days from the date of execution of this Agreement. B. Contractor shall have completed delivery of Containers and fully implemented pickup of Recyclable Materials throughout the County Service Area no later than 300 days from the date of execution of this Agreement. C. Contractor shall distribute Containers and initiate pickup of Recyclable Materials at *an approximate rate of 37,500 Residential Properties per month during the implementation period. Implementation plan and schedule shall be submitted to County for approval, as provided in Article 15. D. Any modifications to this Schedules of Performance shall be subject to approval by County, as provided in Article 1S. 1. ..Any municipality which opts to join the County's recycling program shall, within 10 days of execution of the municipality's curbside recycling interlocal agreement with. .the County, make a► Lump azure payment' to the County of 03.56 1 93- 199 a7 4 G7 i times the number of Residential Properties within the i Municipality to be served in this program. Within 10 days of receipt of lump sum payment, the County will pay the Contractor in the amckmt referred to above. In the alternative, the County may negotiate, on. behalf' of a municipality, with the Contractor for an equivalent din -kind contribution. ; 2. in compensation for provision of this recvcling collection service on ai regular basis, to Residential Properties and/or Multi -family units the Municipality shall make monthly payments to the County in an amount equal to the Monthly Fees I in Article 7 times the" average number of Residential Properties and/or Multi -family Units served during that month within 'the Municipality's portion of the entire County Service Area.l. 2. The Municipality shall be responsible for delivering payment for recycling collection services to- the County within twenty (20) days of the date of an invoice from the County. The County shall be responsible for making the monthly payment for the entire County Service Area, including the Municipality's portion, to the Contractor in accord with .this Agreement. F. If a Municipality opts try enter this curbside collection program after this Agreement is in effect, County will provide a list of Residential Properties and/or Multi -family Units in said Municipality which will require service+. Contractor must initiate delivery of Containers and pickup of Recyclable Materials. to the new area within 120 days of receiving the Municipality's Residential Properties list from County or immediately► following implementation of the unincorporated County, whichever is later. Contractor shall complete delivery of Containers and implement pickup of Recyclable Materials in the new area at an approximate rate, when aggregated with other areas in the recycling program, of 37,500 homes per month. Contractor shall perform the required duties under "Public Information Program" (described in Article 3 Section D) related to the introduction of the recycling program to the residents of the Municipality. ARTICLE 5 ANTI -SCAVENGING . A. County agrees to take such steps as may reasonably be necessary to protect Contractor's ownership of all Recyclable Materials placed at the curbside for collection by Contractor under terms of this Agreement, including the preparation and submission of on, anti -scavenging ordinance for the County. 1 d 93- 109 The County staff shall submit to the Board within a reasonable time, a proposed anti -scavenging ordinance that has been approved by the'Contractor. ' I y i B. Any employee of Contractor involved in the un&Uthor12ed removal or diversion of Recyclable materials shall be immediately discharged. Contractor shall notify County i immediately of any scavenging activities by any persons which come to the Contractor's attenticn at any time. ARTICLE 6 RECYCLING INFORMATION TELEPHONE LINE Contractor shall maintain an information telephone line for the recycling program, to be attended during Collection Hours, Monday through Friday. The telephone number shall be clearly displayed on all Containers, Contractor's collection equipment and all mailings. The functions of this telephone line will, include answering questions on the recycling program, and loQging problems with scheduling and citizen complaints. Contractor shall maintain a log of complaints, noting information concerning each complaint and its subsequent resolution. County shall be authorized to inspect or examine Contractor's complaint log at any time. If Contractor's recycling collection vehicles have not completed Recycling Routes by 5:00 p.m., thb• recycling information 93-� 109 %/ 37 r telephone line shall be manned until the Recycling routes are completed. The County shall handle any unresolved or unsatisfactorily -resolved complaints. i ARTICLE 7 COMPENSATION FOR SERVICES A. County shall, within 10 days of execution of this Agreement, make a lump sum payment to Contractor of eight hundred thousand dollars ($500,000.00) to defray the costs of initiating the curbside recycling program. Seventy-five (75) percent of this amount shall be spent for capital items and twenty-five (25) percent shall be spent for public information activities. S. The Contractor's Monthly Fee shall be $1.53 per Residential Proptrty from the date of this Agreement through September 30, 1991. - C. The Contractor's Monthly Fee shall be 1.24 per Multi -family Unit from the date of service implementation through September 30, 1991. D. Contractor's Monthly Fee shall not change until October 1, 1991. On that date, and annually thereafter, the Monthly Fee = shall be adjusted by 95 percent of, the change ' in the Miami Consumer Price Index for July through June. 2 d.,1 Urban Consumers for the previous iI 1 i E. if at any 9 time during the tl Contractor or the Cunt purchase of Mixed Waltepap Agrownent at a floor price Contractor's Processi F Fec 1 wastepapeo to the gist t arm of this Agreement, either the ti.. Ican obtain. a contract "for the or for the remaining term ;of the i o Z f at least 00.00 per ton, r.p.R. ility, the County' may add Mixed �If Recyclable Materials Ito' be collected, processed and marketed by Contractor at a cost of the Monthly ree plus an additional 9 cents per Residential Property and/or Multi -family Unit per month plus any annual adjustments for the period 'from execution of this Agreement to the addition of Mixed Wastepaper such adjustements to be as described in Section D above. Except for the compensation described in this Section,- the Contractor will not receive any additional compensation for the inclusion of Mixed Wastepaper in the program. after County decides to add Mixed — Wastepaper to the program, the Contractor's obligations and requirements described in Article 3 for the newspaper and commingled material will also apply to Mixed Wastepaper. ror example, the Contractor will have 120 days to purchase the third Container and begin distribution. The Mixed Wastepaper Container shall be distributed at a rate of 37,500 per month. Each Container shall be hot -stamped with the type of material ti acceptable, Contractorsa recycling information telephone number, *Property of Dade County Recycling Program* and other 93— 109 3s' ' information as approved by the County. The County will own the Mixed Wastepaper Container. The Mixed Wastepaper Container will be collected at the same time as the other two" Containers. The Multi, —family ~Units will receive a specialized Container for Mixed Wastepaper. The Processing Facility will be modifies] if needed to handle Mixed. wastepaper. The public information program requirements will apply to Mixed Wastepaper.+ The required reports will be expanded to include Mixed Wastepaper. The above examples of Contrator's obligations shall not be construed to limit the Contractor's obligations and requirements described in Article 3 which shall apply to mixed wastepaper. ARTICLE 8 RECYCLABLE MATERIAL REVENUE The compensation set forth in Article 7, "Compensation for Services", is based on the assumption that Contractor will receive Recyclable Material Revenue from the sale of Recyclable Materials collected.by the Contractor under this Agreement, equal' to the Recyclable'Material Revenue Floor. If the Recyclable Material Revenue received by Contractor during a quarterly period differs from the Recyclable Material Revenue Flocs, County's payment to Contractor shall be adjusted as follows: 93-- 109 40 if actual amount of Recyclable Material Revenue _received in a quarter in less than the Recyclable Material Revenue Floor for that quarter, County hall pay Contractor one-fourth (1/4 ) of the deficit not later theft thirty (301 days from racelpt of the Quarterly Recyclable Material • 'j' v*z=o-_ statement from Contractor provided, however, that County'will not reimburse the Contractor'ifor , more than 12.5 cents' per month per Residential Propezty and Multi-Family'Unit, B. If actual amount of Recyclable Material Revenue received in a quarter is greater than the calculated Recyclable Material Revenue Floor for that quarter, County shall receive a credit towards the next payment to Contractor in the amount of one -quarter (1/4) of the Recyclable Material Revenue in excess of the Recyclable Material Revenue Floor. ARTICLE 9 N LIQUIDATED DAMAGES The following acts or omissions shall be considered a breach of contract and, for the purpose of computing damages under the provisions of this section, County may deduct from payments due or to become due to Contractor, the following amounts as liquidated damages 99- 109 „ 41 - o Residential collection prior to 7:00 A.M. or after 7:00 P.M.: -. $100.00 per route. _— o Failure to collect missed Containers within twenty-four (24) hours after a make-up order is given to the Contractors $25.00 per Residential Property, = - o Failure to provide within 24 hours the level of services required in Article 3 after notification to correct deficiencies: $20.00 per occurrence, o* For each failure to respond to a customer complaint within 24 ZZ MF- _ hours from County notification to Contractor: $50.00 per occurrence, o For each working day, any quarterly or annual report is- = submitted late: $25.00. Liquidated damages shall be based on verified citizen complaints - and/or Contractor reports, unless liquidated damages are levied for late reports. Liquidated damages shall bexiibj eat to appeal in the manner described in Article III, Section F. subsection (e) of this - Agreement, except that the Contractor may appeal the decision to levy liquidated damages only if such damages exceed either $1,000 for any given day, or $10,000 for any month, or $25,000 for any year. Liquidated damages shall not be applicable to a particular o Recycling Route for the first 6 weeks 'after a that particular Recyclitn% Itoute� been. added to the program. _ i4as A �. 19 4 2 V 109 Vp _ _ ARTICLE 10 BILLINGS Contractor shall submit'biliings monthly, coinciding with its submittal of monthly reports' The monthly bill must provider a breakdown of payment due for the unincorporated area of Dade County and for each municipality participating in the program. Payment shall be due within 30 days.,- and will be based on the average number of Residential Properties and/or Multi -Family Units served times the Monthly Fees, and any adjustment for Recyclable Material Revenues, excess replacement Containers, or liquidated damages. ARTICLE 11 AVAILABILITY OF INFORMATION/RIGHT TO AUDIT A. Financial Information and Records Contractor shall keep a —a detailed set of books, records, and accounts separate from other IWS operations. Revenues from the sale of Recyclable materials should be supported by numbered sales invoices. Each sale invoice should show material,;- tonnage, fair market value, dili.vering vehicle I.I. number, time of departure, date payment was received, and deposit slip number. The sales invoice should be supported by a signed delivery slip. 43 Purchases of capital items and public information material, _ per Article 7, should be supported with vendor invoices showing date of payment, and check number. vendor invoices should be -- supported by signed delivery slips. Purchases of replacement. - - containers should be supported with vendor invoices -described above, delivery slips, and monthly listings of residences receiving -' the replacements. B. Technical and Other Information -{ Contractor shall maintain all documents which demonstrate 't performance under this Agreement for a minimum period of three (3) years from the date of termination or completion of this Agreement. The records shall be available to the County representative at Contractor's address indicated for receipt of notices in this Agreement. ARTICLE 12 - PERFORMANCE BOND Within ten (10) days from the execution of this Agreement by all parties, Contractor shall provide the County with a performance bond in the amount of two million dollars ($2,000,00O.00), to _ - guarantee -the faithful performance by Contractor of the requirements of this Agreement. The surety company issuing said bond shall be Treasury -rated, and the form of the bond itself and - 1 U- surety Company shall be subj .ect to approval by County. Failure to provide such performance bond will be considered material default by the Contractor, and will result in termination of this Agreement. posting the performance bond shall in no way limit or 1 relieve the Contractor of its liability for damages pursuant to this Agreement. ARTICLE 13 COLLECTION VEHICLE INSURANCE Contractor shall obtain and maintain throughout the term of this Agreement, at Contractor's expense, not less than the required liability and other forms of insurance coverage required by ..the County's Risk Management Division and required for private garbage hauler permits. ARTICLE 14 INDEPENDENT CONTRACTOR Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the County. Contractor shall have exclusive control of, and the exclusive right to control the details of the: services and work performed hereunder in accordance with ,than terms of this Agreement and all persons performing the some, and Contractor shall be responsible for the acts and t 9 3 -- 109 ` 4r s omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be construed as creating a partnership or joint venture between the County and Contractor. No ,person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of County, nor shall any such person be entitled to any benefits available or granted to employoce of County. ARTICLE 15 APPROVALS/NOTICES Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Bade County Department of Solid Waste Management 6675 NW 53rd Street, Suite 201 Miami, Florida 33166 ATTNs Department Director 30S/592-1776 0 93 - 109 To Contractor: Industrial Waste Services Inc. with copy to: Attwoods 3840 N.W. 37th Court 322S Aviation Avenel - 1 Hialeah, Florida Coconut Grove.- M 33130 ATTN: John Fortin '; ATTN: Ralph Vel©cci� i or to such other address as the parties may designate in writing ARTICLE 16 i LICENSES, PERMITS AND APPLICABLE LAWS Contractor shall obtain, keep current, and pay for all licenses, permits and inspections required for this Agreement, and shall comply with all applicable 3.a►ws, ordinances, and regulations. Damages, penalties, and/or fines imposed on or incurred by the. County or the Contractor for failure to obtain and keep current required icenses or permits, or to comply with laws, regulations, or -special conditions applicable to this shall be borne by the.Contractor. ARTICLE 17 ordinances, Agreement DEFAULT y 9, ®.occt�►rzence -.of any of the fol..loarih without limitation, 47 9 109-71 xhall constitute a "Contractor Event of Default": 1. persistent•or repeated failure by Contractor to service the Recycling Routes or to operate and maintain Contractors Processing Facility, or to substantially fulfill any of its other material obligations in accordance with this Agreement, notwithstanding the payment by Contractor of any penalties, damages, or other accountq provided for under this Agreement, unless excuses are justified by Force Hajeure, default by Co:nty or other legally -recognized cause, customarily justifying or excusing non-performance, provided, however, that no such failure shall constitute an event of default unless and until: a. The County has given prior written notice to Contractor, specifying the default or defaults which exist, which will, unless corrected, constitute a material breach of this Agreement on the part of Contractor. b. Contractor either has not corrected such default, or has not initiated reasonable steps to 'correct the same within thirty (30) days from the date of such notice and thereafter does not continue to take reasonable steps to correct such default. 2. The filing of a voluntary petition by Contractor as such under the Federal Bankruptcy Code or the consent by Contractor to the appo3ntmant by the Court of a receiver or trustee of all _= substantial portions of its property or busainess,.or the making by - 48 a Contractor of any arrangements with or for Ed the benefit of its creditors involving an assignment to a trustee, receiver, similar fiduciary regardl®ss'of how discounted,of all or 5 substantial portion of Contracto 'n properties or business, 3. A final adjudication of Contractor as bankrupt after I filing of an involuntary petition under the Bankruptcy Code and such adjudication shall be rggarded as final unless and until or a the no the same -is no longer L,ding contested: by Contractor or until an Order of Adjudication is no longer appealable. D. If Contractor fails to correct the default as provided above, County, without further notice, shall have all of the following rights and remedies which it may exercise singly or in combination: I. -The right to declare that this Agreement together with all rights granted 'to Contractor hereunder are terminated, effective upon such date as is designated by the County. if the County elects to terminate this Agreement, the right immediately to contract with 'others to perform the services otherwise to be performed by Contractor, or to perform such services itself; 2. The right to exercise Contractorls performance bond. Proceeds shall be used to obtain or provide equivalent service and to cover any additional' costs the County may - ' fur in,or as a result of the termination of thin Agreement. 49 93 - 109 3 _ 3, Any and all rights provided under federal laws and the laws of the State of Florida. C. Upon occurrence of any material Contractor Event of Default hereunder, County, at any time thereafter, may give written notice to the Contractor specifying such Contractor Event of Default or Events of Default. In the event such Contractor Event of Default is not cured within any applicable cure period, County may, at its option, at any time thereafter, declare this Agreement terminated without waiver of any legal or equitable action by County against the Contractor. D. Within thirty (30) days of termination of this Agreement by either party, Contractor shall submit to County a Final Recyclable Material Revenue statement for the period from the last immediately -preceding statement to the date of termination. County shall pay to Contractor, or Contractor shall pay to County, whichever is applicable, the following net amount: (lj Any amount remaining unpaid under Article 7 of this Agreement prorated to the .date of the breach of contractual responsibilities; however, Contractor shall be entitled to compensation for services performed subsequent to the breach and prior to termination; (2) the amount specified in Article 8 of this Agreement, determined by reference to the Final Recyclable material. Revenue statement; (3) less any damages suffered by one party becapse of the other party°s so 9 default where such amounts are not recoverable by County under the terms of the performance bond described, in Article 12. E. The occurrence of any of the following, without limitation, shall constitute a "County Event of Default": ' 1. The failure of the County to pay the Monthly Fee or any other. sum due to Contractor hereunder, when and.*as the same becomes due and payable, where such' failure continues for more than thirty 1 1 (30) days after written notice 'thereof from Contractor to the County. 2. The persistent and repeated failure of the County to substantially comply in a material respect with any other material term, covenant, undertaking, obligation or condition set forth in this Agreement, provided, however, that no such failure shall constitute an event of default unless and until: a. The Contractor has given prior written notice to County, specifying the default or defaults which exist, which will, unless corrected, constitute a material breach of this Agreement on the part of County. j . 51 93- 109 75 b. County either has not corrected such default, or has not initiated reasonable steps to correct the same within thirty.* (3 ® ) days f rom the date of ffiuch notice and thereafter does not continue to.. take reasonable steps to correct such default.. '. Upon the occurrence of any material County Event of Default hereunder, Contractor, at any time thereafter, may give written notice ti the County specifying such County Event of Default or Events of Default. in the event such County Event of Default is not cured within any applicable cure period, Contractor may, at its option, at any time thereafter, declare this Agreement terminated without waiver of any legal or equitable action by Contractor against the County. ARTICLE 18 - = FORCE MAJEURE neither party hereto shall be liable for its failure to carry _ out its obligations under this Agreement•during any period when such party is rendered unable,,wholly or in part, by Force Majeure to carry out such obligations, but the obligations of the party relying on such Force Majoure shall be suspended only during the continuance of any inability so caused and for no longer, period, _ and such cause shall, so far as possible, be. remedied with all reasonable dispatch. Ofl r ix 93- 14 RM It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party, written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such eomaiencement, unless there exists good cause for failure to give such notice.. Additionally, failure to give such written notice shall not prejudice any party's right to justify any lnon-performance as caused by Force Majeure wtless the failure to give notice causes material prejudice to the other party. In view of the fact that the continuity of this Agreement is of•importance to both parties, Contractor agrees to exercise a high degree of care in preventing interruptions in the curbside collection service for any reason and to use diligence in restoring operations after an interruption for any cause, including a Force Majeure. in the event that such Force Majeure does occur for a period of time in excess of seven (7) working days, the County may elect to reduce the Contractor's compensation described in Article 3, sections a and C of this Agreement, in an amount mutually agreed upon reflecting any actual cost savings to Contractor. 93- 109 7 5" ARTICLE 19 NON -ASSIGNMENT Contractor shall not assign, transfer, convey or otherwise hypothecate any interest, rights, duties, or obligations hereunder, or any part thereof, without the prior written tonsen t of County - provided in Article 15, and the prior written consent of Contractor's surety. In the event Contractor attempts to assign, transfer, convey or otherwise hypothecate this Agreement or Contractor's rights, duties or obligations hereunder, or any part thereof, without the prior written consent of the County or of Contractor's surety, the County may, at its option, terminate this Agreement immediately. ARTICLE 20 INDEMNIFICATION Contractor shall indemnify and hold harmless the County and its officers, employees and agents from any and all liability, losses or damages, including attorneys' fees and costs of defense,, , which the County may suffer as a result of claims, demands, sums, actions or proceedings ofany kind or nature, including Worker's Compensation claims, in any way resulting from or arising out of Contractor's or its employees'. agents', servants'. partners', and principals' performance within the scope of this Agreement, including operations 54 --- 109 a AdhL Subcontractor(s), and Contractor shall, at his own expense, appear, defend and pay all charges or attorneys, fees and 'all costs and other expenses arising therdfrom or incurred in connection ,therewith; and if any judgments shall be rendered against the County in any such act, Contractor shall, at Contractor's own expenses, satisfy and discharge game. Contractor expressly understands and agrees -that any performance bond or insurance protection required by this, Agreement, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify. keep and save harmless and defend the County as herein provided. SECTION 21 INSURANCE REQUIREMENTS A. Within fifteen (15) days after approval of this Agreement by the Metropolitan Dade County Board of County Commissioners, Contractor must furnish to Metropolitan Dade County, c/o Risk Management Division, Ill N.W. lat Street, Suite 2340, Miami, Florida 33128-1989, Certificates of Insuzance which indicate that insurance coverage has been obtained which meets the requirements as outlined below in Section B. Contractor must also provide this proof of insurance to the County representative listed in Article 15p Approvals/Notices. S. Required insurance coverages includes: 93- ias �`� 1. Workmen's Compensation Insurances for all employees of the Contractor as required by Chapter 440, Florida statutes. 2. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000.00 combined single limit per occurrence for bodily injury and property damage. This policy shall be endorsed to include personal injury coverage and contractual liability. The, policy must be on an "occurrence" form. The County shall be an additional named insured in this policy. Dade County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance for non -collection vehicles, covering -all owned, non -owned and hired vehicles used In connection with this Agreement, in an amount not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required .shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. All insurance policies required above shall be issued by companies 93-- 109 s� authorized to do business under the Yaws of the State of Florida, with the following qu alifications The Company must be rated noiless than "Do as to management, ., and no less than "Class V" as to financial strengtli,�by the. latest (1986 or later) edition of best.'s xnaurance' Ouide►, .. published by A.M. Best Company, Oldwick, Now Jersey, or its, equivalent, subject to the s approval of the County Risk. , ,. e Management Division. ' Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Contractor shall be responsible for assuring that the insurance certificates requires in conjunction with this Section remain in force for the duration of the contractual period: including any and all,option years that may be granted to the Contractor. If insurance certificates ere scheduled to expir6 during the contractual period, Contractor shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration: in the event that expired certificates are not replaced with now or renewed certificates which cover the contractual period, the County, *hall suspend the contract until such time as the now or renewed certificates are received by the County; provided, however, that this suspension doers not exceed thirty (36) calendar days. if such ri suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause. Certificates of insurance shall be provided' to the Metropolitan Dade County Risk, Management Division, with copies to the Department of Solid Waste Management. ARTICLE 22 GOVERNING LAW 11 This Agreement shall be governed by and construed in accordance with the laws of the Stake of Florida. The County and Contractor agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising ouf of or relating to this Agreement or a breach of this Agreement. venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh - Judicial. Circuit in and for Dade County, Florida or in the united States District court for the Southern District of Florida, in Dade County, Florida. ARTICLE 23 INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement; provided the material purposes of this Agreemaat''can be, determined and - _ se ARTICLE 24 ENTIRE AGREEMENT; PRIOR AGREEMENTS !SUPERSEDED; 4• AMENDMENT TO AGREEt� M -' Thies Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. Tbs.• parties agree that here► 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. This Agreement may be modified, altered or amended only by a written amendment duly executed. by the parties hereto or their representatives. This Agreement and the Exhibits attached hereto contain the entire Agreement between the parties as to matters contained herein. Any oral representations or modifications concerning this Agreement shall be of no forces or effect. l 99- 109 ARTICLE 25 = r �r�� HEWINGSr Captions and headings in this Agreement are for eta* oft` reference only and do not constitute a part of this Agreement+; shall not affect the meaning or interpretation of any provision;' herein. ARTICLE 26 APPROVALS = Whenever approval of a Party is required by this Agreement;' such approval shall not be unreasonably withheld. ARTICLE 27 ' -= PERFORMANCE BY PARTIES Except as otherwise provided in thiz.Agreementr in the event of any dispute arising over the provisions•of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. • 93- 109 NOW- _* ARTICLE 28 RI �S Nothing in the Agreement express or implied is iat4nded to confer upon any person other than the )parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE 29 COUNTERPARTS This Agreement may be executed in one or more counterpart(s), each of which shall be deemed an original. ARTICLE 30 REPRESENTATIONS OF CONTRACTOR Contractor represents that (Z) contractor is a corporation duly organized under the laws of the State of Florida, qualified to do business in the State of Florida, (II) this Agreement has been duly authorized, executed and delivered in the State of Florida and (11I) Contractor has the required goiter and -authority to perform _ this Agreement. E #.4. 99- 109 '?�' ARTICLE 31 REPRESENTATIONS OF COUNTY The County represents that (I) this Agreement.has been.• duly authorized, executed and delivered by the Board of County Commissioners as the governing body of the County, and (11) it has the required power and authority to perform this -Agreement. ARTICLE 32 NONDISCRIMINATION Contractor shall not discriminate agaLnst any employee or applicant for employment to be employed by Contractor with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on bons fide occupational qualification), or because of race, color, religion, national origin or ancestry. ARTICLE 33 ° WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the -party waiving such right. 62 93- 109 No delay or Failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to' the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. . . ARTICLE 34 TIME IS OF ESSENCE It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement. 93- 109 63 g' %. 4* IN WITNESS WMREOF, Metropolitan Dade County, Florida has caused this Agreement to be executed in its name by the County Manages or his designee, attested by the Clerk of the Board of County Commissioners and has caused the s®al of the Board of County Commissioners to be hereto attached; and has caused this Agreement to be executed in its nam y its esident, attested by its CXt4-k- and has caused the seal of the corporation to be attached, all on the day and.year first written above.- �., . "�,ltrI is41, CA 4r- 0ATT (O o DADE COUNTY, a political y;` subdivision of the State of •• Florida, BY ITS BOARD OF _- '�' ••' COUNTY OMMISSI RS BY. c,,....ti`�.. BY Deputy Clerk County Ma agar ATTEST: INDUSTRIAL WASTE SERVICE, INC., AN ATTWOODS COMPANY, a Florida Corporation swj ttc,etrtgr As President Approved by County Attorney as to form and legal sufficiency.,,