HomeMy WebLinkAboutexhibit 3- contract1.110/u9/Lund 10;40 1'HA 0U0 gnu Oal1 1+111 V1' t1 C11VHAUL
SOLID WASTE AND RECYCLING
COLLECTION SERVI CE CONTRACT
CITY C•l+
CORAL GA BLES
405 BILTMO1 LE WAY
CORAL GABLEi ., FL. 33134
09/04/2003 15:25 FAX 305 460 5371
CITY OF CO FINANCE LJUU4
SOLID WASTE AND RECYCLIN .t; SERVICES COLLECTION
FRANCHISE C'DNTRACT
CITY OF CORAL ,]3LES, FLORIDA
�d
This anted.,anted.anted.,made and entered into this : i .cP-is/4't- t
Bet 'ee.t the City of Coral Gables, a municipal corporation of the State of:Florida,
Miami- )ade County, Florida hereinafter referr i to as `CITY" and
WAST::: MANAGEMENT, INC. OF FLORID,!,,
hereina :ter referred to as `CONTRACTOR'.
WHIR iAS, CONTRACTOR has provided ; olid waste and recycling services ,:o the
CITY ,ince October 1f`, 1974 and desires to .:iantinue such service under the terms and
condith ins herein.; and
WBER :`sAS, the CITY has selected CONTR.A1:',TOR to continue to provide such service.
Now, t .erefore, in consideration of the mutual covenants, agreements and consideration
contain ::d herein, the CITY and CONTRACT(►] hereby agree as hereinafter set forth:
ltial Term, The term of this :contract shall be for a five (5) year period
beginning October 1st, 2000 and terminating September 30t, 2005,
2. Qption to Renew This contra
nay be renewed for one (1) five (5) S
the CONTRACTOR shall notify the
option be exercised. Said notice shall
Certified Mail, Return Receipt Reques.
days prior to September 30 , 2005.
CONTRACTOR of CITY notice a:
CONTRACTOR shall advise CITY c
event the Contract is renewed, the Cr
terms; provisions, or conditions all
renewal.
.,: between the CITY and CONTRACTOR
car period at the sole option of the CITY.
CITY of its intent to request the renewal
:3e in writing and delivered to the CITY by
E:d, not less than one hundred twenty (120)
Within twenty (20) days of reccip': by the
intent to exercise the renewal option,
U intent to accept renewal option. In the
'f may modify the Contract including new
'flowed by prevailing law at the time of
09/04/2003 15:25 FAX 305 460 5371 CITY OF CG FINANCE
4005
SECTION I. PEFLNITIONS
For the purposes of this Solid Waste and Recycling Collection Contract, hereinafter
referred to .s "Contract" if the definitions contained herein conflict with similar definitions
contained in any federal, state or local law, the definlions contained in this Section shall ,apply
unless other ivise specifically stated. However, nothi ig contained herein shall be interpreted to
require the Contractor too undertake any conduct whicl .s contrary to federal, state or local law.
Bags. Non -dissolvable plastic trash bags.
I3lohat:ardous or Biomedical Waste, Any Waste which may cause disease or
could reasonably be suspected or harboring pathogenic: organisms; included are waste resulting
from the op4 ration of medical clinics, hospitals, and o L er facilities processing wastes which may
consist o:F, t it are not limited to, human and animal atarts, contaminated bandages, pathological
specimens hypodermic needles, sharps, contaminated ; lothing and surgical gloves.
Bulk 'Trash shall mean all norm I residential, non -vegetative trash which
cannot be: ntainerized, bagged, or bundled proper13 for regular garbage and trash collections.
These items include, but are not limited to, appliances furniture, bicycles, household goods
Business shall mean and include all retail, professional, wholesale, and
industrial fa cilities and any other commercial enterpri Ms offering goods or services to the public.
Can ]Residential Solid Waste Co ,lection Service The collection of all
Residential lolid Waste from all dwelling units(duplires and multifamily units) whose garbage
is collected ay means of a garbage can.
CITY shall mean the City of Co ui Gables, a municipal corporation of the
State of Flo: ida, together with any future annexation r 5,ade pursuant to law.
Commercial Recycling Service :ilia!' mean the collection of recyclable
materials b:, the contractor from businesses within the service area that are not serviced by
Multifamily Recycling Collection Service.
Commercial Service shall mean th4: collection and disposal of garbage, trash,
solid waste and proce:ssable waste for all Business, Commercial, Industrial, hospital, school,
government al and quasi -governmental establishment r, excluding the collection and disposal of
Construci:io and Demolition Debris.
Commercial Solid Waste shall me In every waste accumulation that is not a
Special We.te or Exempt Waste which are usually attendant to the operations of a Business,
Commerc:ia or Industrial establishment, except far source separated recovered tnalcrials
generated b;, a commercial establishment.
Commingled Materials shall mean newspaper will be separate from all ether
recyclable r .aterial in a recycling bin.
Compactor shall mean any container which has a compaction mechanism,
whether lite' lonary or mobile, all inclusive.
09/04/2003 15:25 FAX 305 460 5371 CITY OF CO FINANCE l¢j006
Construction and Demolition Debris shall mean any non -hazardous materially
generally considered not to be water-soluble, includi ig but not limited to steel, concrete, glass,
brick, aspht It roofing .material from a construction do r.tolition project, and including rooks, soil,
tree remain! trees and other vegetative matter which normally results from land clearing or land
developnter : operations for a construction project.
Container shall mean and induce any detachable container designed or
intended to be mechanically dumped into a loade packer type garbage truck or recycling
vehicle.
Contamination shall mean the ex :hence of any material or substance on or
contained it program mcyclables that would result it railure to meet required specifications for
recyclables :fs required by the Recycling Facility.
Contract shall be defined as the wrillen document and all amendments thereto,
between tht CITY and the CONTRACTOR, govern i tg the provision of services as provided
herein.
CONTRACTOR shall be define ii as the person or entity that has obtained
from the Crl'Y a franchise or Contract to provide the t ervices as provided herein.
Customer shall mean any person, fii;ri, corporation, association, or other ;entity
which cants lcts with a hauler for the collection at d disposal of solid waste from any real
property located within the City.
Duplex shall mean and include a c etached two-family structure designed or
intended fa occupancy by two (2) families and a •0 defined as Multi -family Units fcr the
purposes of this Contract.
Garbage shall mean all'putrescible- waste which generally includes but :.s not
limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is
attendant w :h, or results from the storage, preparati It, cooking or handling of food materials
whether tsar buted to residential or commercial activit E s. Garbage shall not include any material
that falls win lin the definition of Special Waste.
Garbage Can shall mean and includ
or galvanize i receptacle, closed at one end and open
and handl.c(;) and of not more than thirty-two (32) g;
fifty (50) po ands when full.
Hazardous Waste shall mean
hazardou.; vt aste; by the State of Florida Department c
Florida Adn inist.rative Code or; by any future legislat
any cylindrical, light -gauge steel, plastic,
,d at the other, furnished with a top or lid
,lion capacity and not weighing more than
my Solid Waste which is defined as a
f Environmental Regulation in the State of
re action, or by federal, state or local law.
UU/U4/2UO3 16:.26 PAX JUb 4ti0 b371 C111 UPLX FINANCE
i¢JUU7
Municipal Solid Waste shall me:11 all discarded materials or subsumes,
exclusive of Source -Separated Recyclable Materials, which each Contract City collects for
disposal, or Ghat which is collected for it by third pan ins under contract with the Contract City
for disposal, including, but not limited to, garbage, trash, litter, refuse, rubbish, ashes, incineetor
residue, :ec,rc'ing process residue, or other materh.s allowed by the State Department of
Environrnen:al Protection for disposal in Class 1 landfill which results from domestic,
commerci.al, industrial, mining agricultural or govern, rental activities, but not including sewage
or other higl ly-diluted, water -carried materials or sub: tances, or those in gaseous form.
Recyclable Materials are define,' as those materials which are capable:, of
being recycl;;d and which would otherwise be procese,d or disposed of as Solid Waste. These
materials w: ,1 also be redefined by the City of Con 1 Gables from time to time. Recyclable
Materials currently being collected include; newspape.is, (including inserts), phone books, glass
container!, z uminum beverage containers, metal cans .ind plastics 1,2, and 3.
Roll -off Container shall mean am! include any detachable metal container
designed for the normally hoisted onto a Roll -Off type truck for removal and disposal.
Service Area shall mean the area wit-lin the incorporated boundaries of the City
of Coral Gal les and any future annexations.
Solid Waste shall mean any C: mmercial Refuse, Garbage, Institutional
Refuse, Tm.n, Special Trash and Special Waste, but lot including Hazardous Waste or Ex.ci:npt
Waste.
Special Waste As defined in Exhibit 11
Trash All refuse, accumulation of paper, excelsior, rags, wooden or paper
boxes and c antainers, sweep -ups and all other accur. iulations of a nature other than Garhnge,
which an: u :ual to housekeeping and/or to the open Lion of stores, offices and other 13usin.ess
places. Tra:a shall also include, but not be limited to any vegetative matter resulting from yard
and lands:ml ing maintenance, and any and all househc I.i goods and furniture.
Uncontrollable Forces shall mean a ly event which results in the preventicF I or
delay of per :ormance by a party under this Contract and which is beyond the reasonable control
of the nonpe: !forming party. It includes, but is not lira heed to fire, flood, hurricanes, earthquakes,
storms, light ding, epidemic, war, riot, civil disturbance and sabotage.
White Goods shall mean inoperativeand discarded refrigerators, ranges, 'ofater
hearers, free4ers, and other similar domestic applianc►.,, White Goods must be generated by the
customer at he unit wherein the White Goods are colt :e,ted.
Yard Waste shall mean any vel ,etative matter resulting from yard and
landscaping maintenance by any party and shall i erlude materials such as tree and ahrub
materials, gauss clippings, palm fronds, tree branches e,nd similar other matter usually produced
as refuse i.n 1:1e care of lawns, landscaping and yards.
09/04/2003 15:26 FAX 305 460 5371
CITY OF CC FINANCE
4 008
SECTION 3. SERVICES PROVIDED B' CONTRACTOR
1, Exclusive; Franchise Granted The COI\'1'RACTOR is herein granted an exclusive
franchise tc provide Residential (duplexes and rn :E.tifamily units) Solid Waste Collection
Service, Residential (duplexes and multifamily units) Recycling Collection Service and
Commercial Solid Waste Collection Service withir the Service Area. Roll -Off Collection
Services fc:• waste generated by Commercial i:..usinesses shall be exclusive to the
CONTRACTOR. Roll -Off Collection Services for :iesidential and Commercial Construction
and Demolit ion Debris and Commercial Special Wase: Collection Services shall not be exclusive
to the CONTRACTOR. The CONTRACTOR shall ::: ovide Commercial Recycling Collection
Services in I be Service Area upon request by the Customer or CITY, or through the solicitation
efforts of th It CONTRACTOR. However, Commerc .i,al Recycling Collection Services are not
exclusive to .:he CONTRACTOR in the Service Area.
The CONTF ACTOR is herein granted the exclusive a ight to provide Solid Waste collection and
disposal r::ol action and disposal services pursuant to !his Contract; to any newly annexed areas
within tweriy-four (210 hours after official written nullification by the CITY, acting through the
City Manage:r's office.
The COTNfTI ACTOR shall have vested title to all waste materials collected pursuant to ithis
Franchise C irntract, generated within the corporate l ,mits of the CITY; except as otherwise
provided by i:his Contract and/or required by Florida S::atutes.
The CONTF
collected wi
or disposal
designated i
Metropol i tat
Managerrien
any and n11
CITY upon
facility or fa
ACTOR agrees to commence delivery, t pon notice by the CITY, of all solid waste
hin the geographic boundaries of the CIT Y, to the resource recovery system transfer
lacility or facilities (with the exception of source separated recyclable materials)
I the responsibilities of the contract ci:iss under the Interlocal Agreement with
Dade County and Contract Cities fc !. City use of the County Solid Waaste
System, dated October 1, 1995. Both CONTRACTOR and CITY hereby relinquish
Title and interest in solid waste collectec within the geographic boundaries of the
delivery of such solid waste to the resource recovery system transfer or disposal
:ilities designated in said responsibilities '::the contract cities.
The Contractor shall provide Solid Waste ,e,nd Recycling Collection Services to all
property ow: ed and occupied or controlled by the City of Coral Gables including, but not limited
to, those de; ignated by the City Manager if acquired during the term of the Franchise. 'These
services she: be provided at no charge to the CITY. The CONTRACTOR shall provide to CITY
at no additional cost, an office paper recycling prograt•i. This program shall be offered for CITY
buildings an a shall be completed on a schedule mutua Ily agreed to by CITY's Director of Public
Service and CONTRACTOR. CITY shall be responsible for placing the carts in an area that is
accessible: tc the CONTRACTOR for collection on th( scheduled collection day.
In o der to provide the services, the CONTR
expense, all .abor, insurance, supervision, machinery
and any ',)th :r tool, equipment, and all accessories I
standards of solid waste collection and recycling serr
shall dispose of all waste collected under the terms of
state and fecoral regulations.
ACTOR shall provide at CONTRACTOR
and equipment, buildings, trucks, vehicles
c:cessary to maintain the level of service
set forth herein. The CONTRACTOR
this contract, in compliance with all local,
09/04/2003 15:27 FAA 305 4bU 4311
(11Y Ure:u PANAINIUt c UU1
SECTION 3. SERVICES — SOLID WAS;'): AND TRASH
A. i i i Residential Solid Waste Collection Servi.;;e The CONTRACTOR shall provide; Can
Residential Solid Waite Collection Service to dup.I:xes and multifamily properties uti kting
garbage can., for the accumulation and storage of Resi k ntial Solid Waste.
1. Conditions and Frequency of Service A .1 Residential Solid Waste shall be prcperly
containerized in garbage cans of not more than thirty-t wo (32) gallon capacity each as set forth in
Chapter 21 :ff the Code of the City of Coral Gables a may be amended from time to time. Can
Residential '3olid Waste Collection Service shall be collected twice weekly from the side or back
door of all .luplexes and multifamily properties in 63 CITY with the exception of multifamily
residential (properties using dumpster-type containers Can Residential Solid Waste Collection
Service ;,:ha 11 be provided, and therefore all elernc r is of Residential Solid Waste shall be
collected„ al least two (2) times per week with not les 3 than forty-eight (48) hours nor more than
seventy-twc (72) hours between regularly scheduled pick-up days, with the exception of
holiday(s) a ,i set forth herein. The CONTRACTOR ;:fall make collections with a minimum of
noise and d isturbance to the householder and return emptied containers to original location of
pick-up. Ally garbage or trash spilled by the CONTE ACTOR shall be picked up immediat fly at
the time of ; pillage.
2.. Acces uibility All Garbage Cans at F .tisidential Units shall be readily accessible
to CONTRI ,CTOR crew. All residential garbage sha 1 be placed at a single rear or side location
or as other; ise provided for in Chapter 21 of the Cc de of the City of Coral Gables. All other
Bulk Traah :ir Yard Waste shall be placed for collectic n as required by said Chapter 21.
3. Trash. Bulk Trash, and Yard Waste All duplexes and multifamily units uti. i.ring
Garbage Cans for So1:id Waste Collection are provided weekly pick-up of bulk trash and yard
waste as pre vided for in Chapter 21 of the Code of the City of Coral Gables as may be amended
from time t:i time. Can Residential Solid Waste properties are provided a combined trash ,and
yard waste Meekly pick-up, including trash and materials such as cardboard, small appliances .and
small house iaold items unable to be placed in garbag e cans. Yard Waste such as palm fronds,
leaves, hedp trimmings and tree branches that are gei garated by landscape maintenance activities
are to be p1;.ced on the parkway. CONTRACTOR s •tall not be required to pick-up soil, to:ks,
concrete blacks, roofing material or other construction debris unless customer has contacted
contractor a; required in Section 4. 4, Special Pickup Charges and Excess Waste fees.
4. Special Pick -Up Charges and Excess Paste Fees The following items require a
special cleat;;e or excess waste removal fee: White ;nods, furniture and large or heavy bulky
objects. CC 'NTRACTDR shall not be required to plc Ic-up white goods, furniture large or heavy
bulky objec' 3 from buildings that have not scheduled E special pick-up or appointments. Fees are
assessed as irovided for in Chapter 21 of the Code of ity of Coral Gables.
09/04/2003 15:27 FAX 305 460 5371
CITY OF CC FINANCE 4002
5. Hours Can Residential Solid W ette Collection Service shall be provided,
commenc,ine no earlier than 7:30 AM throughout the ;car and terminating no later than 6:00 PM,
with no service on Sunday. The hours and/or da3 s of Collection may be extended due, to
extraordinary circumstances or conditions with the pi for written consent of the City Manager or
his designated representative. If the CONTRACTO''t has an equipment breakdown, the route
being ser vet I by such equipment experiencing operatir: l; difficulties shall be fully collected by the
CONTRAC FOR with substitute equipment that day. ']'he CONTRACTOR shall not be recilired
to provide c:llection service on Christmas Day. Furtl•:umore, CONTRACTOR agrees to provide
a yearly notice prior to Christmas holiday, for multi -:'amity residents stipulating garbage service
in the even a schedule day is skipped because of C .r ristmas Day. The CONTRACTOR may
provide trot DC on the invoices for the billing periot. prior to Christmas Day or in a separate
mailing.
B, Ccetainerized Residential Solid Waste Collection Service The CONTRACTOR shall
provide Containerized Residential Solid Waste Collection Service to all multi -family dwelling
units in the area that are suitable to receive such sere lee and request such service. Commercial
container re ttal rates contained in the Contract shall a so apply to containers rented for residential
service.
I. Conditions and Frequency of Servic. Containerized Residential Solid Waste
Collection !,ervice shall be provided, and therefore al elements of Residential Solid Waste shall
be collec tec . at least two (2) times per week with tic'. less than forty-eight (48) hours nor rr:tore
than sevmt,'-two (72) hours between regularly sche duled pick-up days with the exception of
holidays(s) .s set forth herein. The size of the contain ear and the frequency (above the minimum)
of collection shall be determined between the custom's and the CONTRACTOR. However;, size
and frequer shall be sufficient to provide that ne Residential Solid Waste need be placed
outside the ,::ontainer. Storage capacity shall be suital le for the amount of waste generated by the
customer, s: ibject to approval by the CITY. The COI 1TRACTOR shall provide containers at the
approved ra es; however, customers may own Contain er provided that the customer is completely
responsible 'or its proper maintenance. If purchased : cbsequent to the inception of this Corfu act,
such contai ter shall be of a type that can be servi and by CONTRACTOR equipment. Any
container dt.tnaged by the CONTRACTOR shall be repaired or replaced by CONTRACTOR, at
CONTRAC FOR expense, within seven (7) days at 10 cost or inconvenience to the customer.
Any COIN tACTOR-owned container damaged by tl r customer shall be repaired or replaced by
the CONDI ACTOR, at customer expense, with seven (7) days at no cost t the CONTRACTOR.
2, Accessibility All Containers shall he readily accessible to CONTRACTOR
crews and N.dhicles. Containers shall be placed at loc:Loons that are mutually agreed upon by the
customer :.nd the CONTRACTOR and which are convenient for collection by the
CONTRAC COR. Where mutual agreement is not rea, :lied, the CITY shall designate the location.
3. yours Containerized Residential
provided., ct:mmencing no earlier than 7:30 AM and t
service will only be available to buildings that must ht
days of col 'action may be extended to extraordinary
written con: .ent of the City Manager of designated re]
equipment Breakdown, the route being served by
difficulties hall be fully collected by the CONTRAC',
Solid Waste Collection Service shrill be
i:rminating no later than 6:00 PM. Sunday
ve seven (7) day service. The hours End/or
circumstances or conditions with the prior
resentative. If the CONTRACTOR Ins an
such equipment experiencing ope:-ating
'OR with substitute equiprnent that day.
09/04/2003 15:28 FAX 305 460 5371 CITY OF CG FINANCE 140003
The CONT ;ACTOR shall not be required to provide collection service on Christmas [:lay.
Furthermon , CONTRACTOR agrees to provide year r notice prior to Christmas, a schedule for
Christmas h oliday, for multi -family residents stipule: ing garbage service in the event a service
day is sk:ipp.:d because of Christmas Day. The CON'' RACTOR may provide notice on invoices
for the bi.11ir g period prior to Christmas Day or in a se ,rarate mailing.
C. + ;hange in Manner of Collection Upon 1,pproval by the CITY and as provided by
Chapter '21 of the Code of the City of Coral GI kyles, Residential Solid Waste collection
customers may elect to change the type of colic tion service received between car.and
containerize .1 service.
D. S pnimercial Solid Waste CoJleetion Servi a The CONTRACTOR shall collect and
dispose of all Commercial Solid Waste except Specit.:I Waste or Hazardous Waste as defined in
Exhibit I. All persons occupying or maintaining a Co ramercial or Industrial establishment :.n the
City are req+wired to have regular solid waste collection; services.
1, Conditions and Frequency of Service.0 :rrnmercial Solid Waste Collection Service
shall be prop ided as deemed necessary and as determined between the CONTRACTOR and the
customer., bet such service shall be received at least :me day per week; provided however, that
restaurants a e businesses that generate wet waste will be required a minimum service of two (2)
days per week. Service shall be provided one (1) time leer week with no exception for holiday(s)
as set forth herein, except that collection service scheduled to fall on a holiday may be
rescheduled is determined between Customer and the CONTRACTOR as long as the minimum
frequency requirement is met. Service may be pro% iiled by Container or Garbage Can ill the
option of the customer'. The size of the Container a ad the .frequency (above the minimum) of
collection sl;all be determined between the customer imd the CONTRACTOR. However,. riize
and frequen+:y shall be sufficient to provide that no Cc •rnmercial Solid Waste needs or need to be
placed outsi ::e the Container or Garbage Can. The C ;.NTRACTOR shall provide Containers at
the approve:1 rates; however, customers may own Container provided that the customer is
completely responsible for its proper maintenance. I. purchased subsequent to the inception, of
this Conine; such Container shall be of a type erg can be serviced by CONTRACTOR
equipment. ,any Container damaged by the CONTRACTOR shall be repaired or replaced by the
CONTRA.C' OR at CONTRACTOR expense, within !even (7) days, at no cost or inconvenience
to the customer. Any Container damaged by the cus comer shall be repaired or replaced by the
CONTRA,.C' OR, at customer's expense, within seven (7) clays at no cost to the CONTRACTOR.
Garbage can are to be provided by customer and are to have a maximum capacity of thirty-two
(32) gallon a ich as set forth in Chapter 21 of the Code ef the City of Coral Gables. Commercial
customer!' ul lizing garbage cans must have a minimurn of two (2) days per week service on two
(2) thirty-tw 1(32) gallon containers. The number. of c ens and days must be sufficient to contain
all waste ins de the can. No Commercial Solid Waste :than be placed outside the can.
The CONTR ACTOR shall provide Compactors for rer tat or purchase, however Compactors may
be obtained iry customers from any source provided r hat the Compactor must be of a type that
can be sericed by CONTRACTOR equipment; and the customer shall be completely
responsible tor its proper maintenance. Compactor frt quency of collections shall be sufficie.rn: to
contain the N.aste without spillage.
09/04/2003 15:28 FAX 305 460 5371 CITY OF CG FINANCE 4 004
All Contair.'ors and Compactors provided by the CONTRACTOR shall be ingood condition,
painted and fleatly labeled with CONTRACTOR nam ., phone number and size of container.
2. Accessibility All containers, Coml E.ctors or Garbage Cans shall be readily
accessible t+ CONTRACTOR crews and vehicles.
3.
be condu etc
family DU/
sites which
collected be
referencing
6:00 PM sl
require COl
and shall d.
extended ds.
Manager or
route being
by the COI*
required to
to provide 3
businesses
Day. The I
Christmas I
E. +
within the c
Program. A
Commereia.
Hours Commercial Solid Waste Collec:ion and Recycling Collection Service may
I at anytime, as agreed upon between the 'CONTRACTOR and the customer. Multi -
.ling Unit:; receiving containerized collet':ion service and nonresidential collection
ibut residential properties shall be consid ;red residential collection and shall only be
ween the hours of 7:30 AM and 6:00 PP I. The receipt of complaints by the CITY
wise or disturbances in the Business are as that occurred prior to 7:30 AM or after
III be prima facia evidence of "disturbr aces" and the CITY reserves the right to
`TRACTOR to adjust collection service a t such identified locations within the t.I:TY
-ect the CONTRACTOR in writing. Tlx: hours and/or days of collection nay be
e to extraordinary circumstances or con iitions with the prior consent of the City
designated representative. If the CONTF ACTOR has an equipment breakdown, the
Nerved by such equipment experiencing onrating difficulties shall be fully collected
TRACTOR with substitute equipment that day, The CONTRACTOR shall r:oi: be
:+rovide collection service on Christmas Day. Furthermore, CONTRACTOR agrees
early notice, prior to Christmas, a schec s le for Christmas holiday, for commercial
ripulating ;garbage service in the event a s. rvice day is skipped because of Christmas
:ONTRACTOR may provide notice on he invoices for the billing period prior to
ay or in a separate mailing.
;onsQljdatrycI Services/Community Conte
ammercial business district that were in+
: these various locations designated dispc
Businesses share containers or compac
ram The CITY has certain areas !ceded
.Iuded in a City -Wide Alley Improvement
sal sites have been approved by the CITY.
ors which are located throughout various
alleys in the downtown areas.
1. Conditious and Frequency of Service C cmmercial Solid Waste Collection Service
in consolida led alleys ,hall be provided daily or as de fined necessary and as determined between
the CONTIt ACTOR and the CITY, but such service shalt be sufficient to meet the needs and
requiremimt i of the commercial businesses t;at utilize designated disposal .sites.
CONTRAC I'OR is required to pick-up any litter that is spilled by CONTRACTOR as well as
trash that may have been placed outside the conta ner or compactor on site at the tine of
collection. n addition, CONTRACTOR is responsibl for steam cleaning all designated disposal
sites that are located in CITY Business District on a r'eekly basis. In addition, CONTRACTOR
shall steam ;lean all compactors utilized for Cansol.clated Services on a quarterly basis. The
CONTRACTOR shall provide all containers or compactors for designated disposal sites at no
additional n'ntal charges to commercial businesses. CONTRACTOR is responsible for all the
maintenance and replacement of all containers and compactors in consolidated areas.
UU/U4/LUUJ 10:ZU rAA .Ua 4UU °ill
1.11I Ur Ai r11VHIV1.1'' IS UUU
The CONTI:ACTOR acknowledges that CONTRACT OR is responsible for the direct payment of
the monthly expense of providing electrical service t' the compactors that are located on CITY
right-of-waa s, which are utilized in areas whe l+ commercial service is consolidated.
Furtherrnon , CONTRACTOR acknowledges that ,any site work, such as concrete slabs,
disconnect I loxes, etc., that may be required upon Mil ial installation or for required maintenance
is the respoi isibility of the CONTRACTOR in additio: ► to any permits that may be required. Any
container or compactor, which is damaged, shall be repaired or replaced by the CONTRACTOR
at CONT'RJ.CTOR expense, within seven (7) days, a no cost or inconvenience to the customer.
Any com.pa :tor that cannot be repaired within a twee :ty-four (24) hour period, CONTRACTOR
will need tc provide substitute equipment for the cur tamers that utilized that disposal area that
day.
2.. Accessibility All Containers and/or compactors located in Consolidated Alleys
shall be rear lily accessible to the CONTRACTOR'S et ew and vehicles.
3. Hours All Commercial Solid ' Vaste customers utilizing "Consolidated
Services/Community Containers" shall be governe,1 by the same terms and provisions as
Commer' is Solid Waste Collection.
4. Minimum Service Requirements and liervice levels Commercial Solid Waste
rates for existing customers are based on the customer service level prior to the implementation of
the Alley Ir provement Program. Commercial custo.'r.ers are not charged for compactor rental,
and the wE.3te charges are based on the total vole me of waste including recycling. New
customers a e billed on a level consistent with busine: s type and overall City average charges for
that bushel a type with total yardage calculated inch ding recycling. Upon initiation of Et new
Contract, GI stomers shall be billed on existing servil43 levels. Minimum service level for new
accounts is -30 gallon containers serviced two (2) da, nr per week for a small office, art gallery or
other small waste generator. Retail users or busineses that produce large quantities of waste,
require a m nimum service level of one (1) cubic yar:l container serviced one (1) day per week.
Restaurants require a rrlinimum of two (2) days per w rck service. For new businesses where it is
difficult 1{o I letermine the amount of waste generated, interim service arrangements will be :let up
until service levels can be established. These cases must be reviewed and approved by CITY
designated r iapresentative.
F. Cli1: Services Municipal garbage and/or tra,ll shall be collected by CONTRACTOR at
no expense to the CITY. Container location, size ar:d frequency of pick-up shall be as jointly
determined ay the CITY and CONTRACTOR.
The CO1'NNT tACTOR shall provide to CITY, at no additional cost, an office paper -recycling
program. T ris program shall be offered for CITY bui c ings and shall be completed on a schedule
mutually a? reed to by CITY Director of Public Seri he and CONTRACTOR. CITY shall be
responsible for placing, the carts in an area that is acce ;sible to the CONTRACTOR for collection
on the schec uled collection day.
At a date at d location agreed upon between the COT .TRACTOR and CITY, once each year the
CONTRAC i'OR shall provide roll -off containers for t ;;lephone book recycling at no charge to the
CITY.
09/04/2003 15:29 FAX 305 460 5371 CITY OF CG FINANCE gain
G.
designateda. i
Collection S
ColIectiori ri
permanent c
shall immed
expressly al
notification
Commerc ial
change.
Routes and Schedules, The CONTRl►CTOR shall provide the City Manager or
:presentative with schedules for all Residential and Commercial Solid Waste
. rvice routes and keep such information ailrrent at all times. If any changes in the
.utes occux, the CITY shall be immediat ly notified in writing. In the event c'f a
:ange in routes or schedules that will altc r the day of pick-up, the CONTRACTOR
ate)/ notify the affected customer(s) by d rect mail or door -hangers which the CITY
proves for such purpose. CONTRACT .C)R must provide two (2) weeks prior
:o all customers before route change affected. Container Residential and
customers may be notified by mail bu must provide two week notice pric'r to
H. M nner of Collection The CONTRACT1 )R shall provide Multi -family Residential
Solid Wac,te Collection Services and Commercial Sold Waste Collection Services with as little
disturbance „s possible and shall leave any Garbage Can at the same point it was collected.
Where uncle ground Cans exist, after dumping by tle CONTRACTOR, the CONTRACTOR
shall properly replace each Can and re -close each lid. Where Container Service is provided, the
CONTRACTOR shall replace the Container to its Original or agreed upon position. Any
Garbage Ca a or Container damaged by the CO 1TRACTOR shall be replaced by the
CONTRA.CTOR within seven (7) days at no cost tc the customer. In the event customer is
unable to re reive service CONTRACTOR must provide an alternate or replacement Container
within tweet,, -four (24) hours. The replacement mus: be similar in style, material, and quality
and capacity. Throwing of any Garbage Can or Cc.r..tainer is prohibited. Employees of the
CONTRACTOR shall not be required to expose the rnselves to the danger of being bitten by
vicious dag;. in order to accomplish rearlside doer residential solid waste collection. and
recycling se 'vice. In any case where the owner or .enants have such animals at large, the
CONTRA Cl'DR shall immediately notify the CITY of ;;uch condition and of inability to provide
service be Cal se of such conditions.
I. D. $ignated Disposal Facility All Solid )1/este, collected as a result of performing
Residential solid Waste Collection Service or Corr rnercial Solid Waste Collection Service
which meets the definition of Municipal Solid Wa;;te, as currently or hereafter defined by
Miami -Dade County, and which therefore may be disposed of at the Designated Disposal
Facility, sha l be hauled to, and disposed of, at the Designated Disposal Facility. Failure to
comply with this provision shall result in the levy of an administrative charge as specified. in
Section 15 cr this Contract and may result in the CC NTRACTOR being in default under this
Contract.
All Solid Waste collected as a result of performing Re: idential Solid Waste Collection Service or
Commercial Solid Waste Collection Service which d:7es not meet the definition of Municipal
Solid Waste, as currently or hereafter defined by Miarii-Dade County, and which therefore may
not be dit:,pc!ied of at the Designated Disposal Facility, shall be disposed of at any disposal
facility in Miami -Dade County which is legally permit.cd to accept such Solid Waste.
09/04/2003 15:29 FAX 305 460 5371 CITY OF CG FINANCE LJ007
SECTION I. RECYCLING COLLECTIC rW SERVICE
The CONTRACTOR shall provide Residential and Ctnnmercial Recycling Collection Service in
the Service i'xea, as provided within the Contract.
A. Multi -family Residential Recyelin;; Collection Services for Low Denaity
Dwelling&
The! a services will be governed by the follow rr,g terms and conditions:
1. c.pndjtjons and Frequency of Se] ' i The CONTRACTOR shall provide
unlimited mix/side door Residential Recycling Collect ion Service to all low density Multi -family
Dwelling Ui iits which use fourteen (14) gallon conta iners for the accumulation and stora,Ie of
Recyclable :vlaterials. The CONTRACTOR shall n;rt commingle Recyclable Materials with
other Solid 'Waste. Subject to the holiday provisions pis set forth in Section 7 of this Contract,
this service :hall provided once every week on a set;aduled route basis. The CONTRACTOR
shall be rc,:qu red to provide occasional special recyclii.l; programs for the collection of telephone
books and C iristmas trees.
2. Manner of Collection The
Materials wi Ih as little disturbance as possible and sh,
collected v; .thout obstructing roadways, drivewa
CONTRACT OR shall collect all Recyclable Mater
customer set;, out, if placed next to, or inside, the Rec
customer plc ces Solid Waste in the Recycling Cont
must then pl. ice a contamination sticker advising the c
not picked uJ . that was placed for Recycling Collectior
3. 1R,ecycling Containers The C(
Recycling Containers to each Multi -family Reside
Recycling C illection Service. CONTRACTOR shall
Recycling C mtainers. The CONTRACTOR, at its
replacement Recycling Container or Containers v
CONTRACTOR and lost or damaged by the occupant
shall also pi omptly deliver Recycling Container or
behalf of i:he residential customers.
commending
with no s en
extraordin ar
designated re
served by sc
CONTRAC1
to provide cc
yearly notice
stipulating;; rc
The CONIR
Day or in as
ONTRACTOR shall collect Recyclable
;.f 1 leave Recycling Bins at the same cc'int
ys, sidewalks or mail boxes. The
els in Containers, bags bundles, a;; the
ycling Container or Bin. In the evert the
.;finer or Containers, the CONTRACTOR
r;tomer of the reason the Solid Waste vvas
NTRACTOR shall ensure distribution of
ntial Dwelling Unit that is to receive
be responsible for the maintenance of all
:.xpense, will distribute to the customer,
lhich were originally provided by the
cf a Dwelling Unit. The CONTRACTOR
::ontainers as requested by the CIT`r on
4. Hours Multi -family Residenti id Recycling Collection shall be provided
no earlier than 7:30 AM throughout the y;ar and terminating no later than 6:00 PM,
ice on Sunday. The hours and/or day“ of collection may be extended de.e to
circumstances or conditions with the pri : r written consent of the City Manag.r or
presentative. If the CONTRACTOR has an equipment breakdown, the route t-eing
ch equipment experiencing operating d :f:ficulties shall be fully collected by i:he
DR with substitute equipment that day. ' 'te CONTRACTOR shall not be required
:lection service on Christmas Day. Furthi rmore, CONTRACTOR agrees to prcv.de
prior to Christmas, a schedule for Chr etmas holiday, for multi -family residents
cycling service in the event a service do is skipped because of Christmas O y.
kCTOR may provide notice on the invoic for the billing period prior to Christmas
.parate mailing.
09/04/2003 15:30 FAX 305 460 5371 CITY OF CG FINANCE 4008
5. Routes and Schedules TI. CONTRACTOR shall provide the City
Manager or fesignatedl representative with schedules for all Multi -family Residential Recycling
Collection c :rvice routes and keep such information current at all times. If any changes in the
Collections c outes occur, the CITY shall be immedie tuly notified in writing. In the evens, of a
permanent c range in routes or schedules that will altar• the day of pick-up, the CONTRACTOR
shall imn'led :ately notify the affected customer(s) by c:i:•ect mail or door -hangars which the 1_,1TY
expressly a proves for such purpose. CONTRAC FOR must provide two (2) weeks prior
notification 'o all customers before route change is afi;::ted.
B. MI Iti-family Containerized Residential RecvJing Collection Services These services
will be governed by the following terms and conditior. s:
1. Conditigns and Frequency of Se.S'ice The CONTRACTOR shall provide
90 gallon ri cycling toters as needed to all Multi -fa: oily Dwelling Units which use 90 E;allon
recycling cmtainers for the storage and accum elation of Recyclable Materials. The
CONTRACTOR shall decal all toter carts upon delivery and re -decal toters when necessary
describing t::e list of Recyclable Materials to be plan c. in each toter. The CONTRACTOR shall
not comnLin .;le Recyclable Materials with other Solid 91aste.
Subject to 1 he holiday provision set forth in Section 7 of this Contract, this service shell be
provided on a scheduled weekly basis.
2. Manner of Collection The CONTRACTOR shall collect Recyclable
Materials w th as little, disturbance as possible and wall leave the Recycling toter at the ,same
point it was collected without obstructing roadways, c riveways, sidewalks or mail boxes. In the
event the customer places Solid Waste in the ecycling Container or Containers, the
CONTRACTOR must then place a contamination stic'. r advising the customer of the reason the
Solid Waste was not picked up that was placed for Rei Tcling Collection.
3. Accessibility All Recyclable Containers shall be readily accessible to the
CONTRAC' OR crews and vehicles.
4. Recycling - Improper Procedure, The CONTRACTOR shall not be
required to pick up Recyclable Materials if reside, is do not follow proper procedure:, and
segregate th is Recyclable Materials by specific type as appropriate, and/or from other Solid
Waste left for pick-up. The CONTRACTOR shall lea'ae the Recycling Container unemptied and
issue a notii e which contains instructions of the prc per procedures for setting out Recyclable
Materials. Ile Recyclable Materials will be pickec •.up by the CONTRACTOR when proper
procedures t :•e followed.
5. Bows All Multi -family Containerized Residential Recycling Collection
Services will be subject to the same terms and condit:cns as Multi -family Residential Recycling
Collection Services for Low -Density Dwelling Units.
6. Routes and Schedules All Multi -family Containerized Residential
Recycling Collection Services will be subject to the : ame terms and conditions as Multi-fi niily
Residential 1 :ollection Services for Low Density Dwel ling Units.
00/04/2003 15:30 FAX 305 46U 5371
U111 UF UG FINANCE
ANCE
IgjUUJ
7. Spillage The CONTRACTOR shall nm
Materials to occur upon the property or public rights,
to ,collect. a iy Recyclable Materials that have not 1"
During haul .ng, all Recyclable Materials shall be con'
spilling end blowing of the Recyclable Materials is
responsible "or the immediate clean-up of any spilla
CONTRAC I'OR.
it litter or cause any spillage of Recyclable
ref --way. The CONTRACTOR may TEause
>>en placed in a toter as specified above.
a ined, covered or enclosed so that Ief.k ing,
prevented. The CONTRACTOR shall be
i;e at the time of collection caused I;y the
8. tates and Billing The rate charged by t e CONTRACTOR for providing recycling
services to all Multi -family Residential Dwelling U fits shall be based on a per -unit cost per
month. 'Mt per -unit cost shall apply to the total number of units in the Multi -family complex
regardless c. occupancy. Recycling charges for Mu ti-family Residential Dwelling Units shall
run concure int with garbage bills.
99. Materials Recycling Facility Th,: CONTRACTOR shall transport all the
Recyclable '/laterials collected to a fully licensed Mal arials Recycling Facility.
10. Recycling Materials Revenue, The CONTRACTOR shall retain the firs': S.50
per unit per month of the proceeds from the sale of ill Recyclable Materials and the Recyclable
Materials sl+all be the property of the CONTRACT(a. The CITY and CONTRACTOR shall
share equal y in proceed from the sale of Recyclabl:, Materials in excess of $.50 per unit per
month. If tl re revenue from the sale of Recyclable Materials is less than $.50 per unit per month,
the loss is tl .e sole responsibility of the CONTRACTOR.
11. Recycling Materials Collection and .e oration The CONTRACTOR shall
collect all R ,cyclable Materials separated into two (2: components as follow:
1. Newspaper (including inserts)
2. Commingled glass (clear, green acid amber)
aluminum cans
tin cans
plastic coated and aseptic contai lers
plastics (numbers 1, 2 and 3);
12. Recycling - Change in Scope Sho :i id unanticipated events, circumstances or
changes in law arise that may necessitate any modification of the scope described herein
including t1 3 type of items included as Recyclable M .rteriais, the CITY and the CONTRACTOR
agree to ,trn.and this Contract to reflect the impact of such modification.
C. Commercial Recycling Collection Servi eez The CONTRACTOR shall provide
Commercial Recycling Collection Services for card nerd boxes at no charge for areas where
services art shared and consolidated consistent wits. CITY Alley Improvement Program. All
location:: w ith existing services levels are provided i,1 the Contract Attachments as listed in the
Special Coi editions. The CITY may request addition .►I containers or require CONTRACTOR to
amend sehe Mule, size or location as deemed necessar: As per Resolution No. 28633, the CITY
retains tl ie 1 ght to approve or modify location of rec3c ling containers located in the CITY ri g,hts-
of-way.
09/04/2003 15':30 FAX 305 460 5371 CITY OF CO FINANCE
4010
The CONTI ACTOR shall have the right to solicit C .t.mmercial Recycling Collection contracts
with any b .siness in the Service Area upon the t s° ms and conditions consistent witli this
Contract.
1. Conditions and Frequency of Se I' g The CONTRACTOR shall provide
Commercaia: Recycling; Collection Services to all business or commercial entities located :n the
Service Arta resulting from its own solicitation, b:. request of the customer, The size and
frequency o service of the Container designed for Ro::iclable Materials shall be determined by a
waste audit and agreed to by the customer and the CONTRACTOR. However, the size, and
frequency sl:all be sufficient to provide that no Recyc lable Materials need be placed outside the
Containe:r. Htorage capacity shall be suitable for the a riount of recyclable materials generated by
the cusiowne r. The CONTRACTOR shall provide Cc :retainers as necessary, however, customers
may own a Container provided that the customer is completely responsible for its proper
maintenance Such Containers shall be of a type that can be serviced by CONTRACTOR
equipment. Compactors may be obtained by custo •r..ers from any source provided that such
Compactor must be cif a type that can be service( `. by CONTRACTOR equipment and the
Compactor requency of collection shall be sufficient to contain the waste without spillage. All
Commerr; ia: Recyclable Materials shall be placed in a Container, Compactor, or other acceptable
Recycling Container. All Containers and Compact( rs provided by the Contractor shall he in
good condit on, painted and neatly labeled with the C.:NTRACTOR'S name, phone number and
size of C;.antseiner. Any Container or Recycling Container damaged by the CONTRACTOR shall
be repaired :(r replaced by the CONTRACTOR withi .e seven (7) days unless customer is unable
to receive ;.ervice. In order to prevent service in,Erruption, CONTRACTOR shall provide
alternate or eplacement equipment within twenty-fou (24) hours.
commerc ial
is donated c
entity. Noll
recycling,
under conti
Recyclable :
charge is ms
removal of
applicable s
2. Ownership Notwithstandi( g any other provision of this Contract, a
;eneratorof Recyclable Materials retains cwnership of those materials until material
r sold, or Contracts for the donation or s de of those materials to another person or
:ng in thi3 Contract shall prevent a pci san or entity engaged in the business, of
:ether for profit or nonprofit, from accep ing and transporting Recyclable Ivlate;rials,
:rct with a commercial generator, from such commercial generator when such
'4aterials have been purchased from or dc nated by the commercial generator, aicl no
de to or paid by the commercial generato . for the loading, collection, transporting or
such Recyclable Materials. Provided however, that such activities are subject to
ate and loyal public health and safety law
3. Hours All Commercial RecycLng Collection Services shall be gov:rned
by the same :erms and provisions as Commercial Solii1 Waste Collection.
SECTION :5. CHARGES AND RATES A '9 D COLLECTION
For services -required to be performed under this Contract, the charges shall be
accordance • vith the Mae Schedules attached hereto a( d incorporated herein as Exhibits ] I - VII.
Eve y dwelling unit or any place of busine: s which is occupied shall be prima facia
evidence th it garbage, trash, or yard waste is beii .1„ produced and accumulated upon such
premises, a _d that fees for the collection and disp :sal thereof are due and payable. Only
dwelling ur its which have a building permit whit h renders the unit uninhabitable w.11 be
excluded frc rn solid waste fees.
00/04/2003 15:31 FAX 305 450 5371 CU'Y OF CG FINANCE
10011
A. Multi -family Residential Services
1. I+Ilulti-family Residential Solid 'Haste and Recycling Collection S'ic
The CONTIACTOR shall be responsible for the biling of all charges as based on the rates
established i:t Exhibit II, and as may be subsequently adjusted pursuant to the provisions of this
Contract. A II Multi -family Residential Dwelling Un 't; utilizing garbage cans for collection of
solid waste a: 'e payable in advance for one (1) year bei :inning on October 1 of each year, or at the
option of tin: payor, in advance in quarterly payme its beginning October 1 of each yew: in
accordance'vith the rates established in Exhibit II. It addition, CONTRACTOR shall offer the
customers a en (10) percent discount for annual preps yments, and a five (5) percent discount for
all semiarcnt 11 prepayments, which is consistent with CITY policy for Residential Solid Waste
Collection. &Il Multi -family Dwelling Units utilizing garbage cans for collection of solid waste
shall be b:illt 'l for services rendered and are due to the CONTRACTOR as the same shall become
payable. The, CONTRACTOR shall include all recycling charges for the above Dwelling 'Units
concurrent v.ith the charges for Solid Waste as establ ,shed in Exhibit II. Payment will be made
no later than thirty (30) days following the month suet. ;service was rendered.
B.
responsible
and as nna3
Commerc ial
CONTRA.0
(30) days fa:
Commercial Solid Waste Collection , mice. The CONTRACTOR shall be
or the billing of all charges as based on tze rates established in Exhibits 1II - VII,
be subsequently adjusted pursuant to the provisions of this Contract. All
Solid Waste customers shall be bille 1 for services rendered and clue to the
OR as the same shall become payable. Payment will be made no later than •:ltirty
.owing the month such service was render cc!.
C. Franchise Fee, The CONTRACTOR s:: tall pay to the City of Coral Gables, as ;Ind
for a franchi:;e fee, the amount equal to twelve (12 °i.) percent of all revenue collected from all
sources (e.xt.apt for Commercial. Recycling Collecticn) for services rendered, pursuant to this
Contract, wiihin the City of Coral Gables, Payment of franchise fee is to be paid in full, and
monthly, no later than the 25th of each month repress nting gross revenue collected the precious
month of all such account and accompanied by the t)tm included herein as Exhibit IX. In the
event that; franchise fee payment is not received by tlic3 City on or before the due date set forth
above, or is underpaid, the CONTRACTOR will be c:'targed interest from the due date, at a rate
of 1.5% for :ach, month, or part thereof, of the amou r+: of the unpaid or underpaid franchise fee
payment, in:luding previous interest charges or the riaximum amount allowed under Florida
law, whiche•,er is greater.
D. Delinquent Accounts, In the event tl rt CONTRACTOR shall not be paid after
rendering si:cty (60) days of service, the CONTR,'.CTOR shall notify the CITY of such
delinquency and the CITY shall, commencing ninny -one (91) days after such delinquency,
commence tie payment for such continued service, :.vhich payment is hereby declared to le a
debt due the CITY, and such amount of collection fee shall constitute a lien against the premises
to the san:ie :xtcnt and character as a lien for special K:isessments as per the Code of the City of
Coral Gable Solid Waste, Chapter 21. CONTRACT;:cR will be paid on a quarterly basis for all
delinquent a .counts.
Upon iniliat on of a new Contract, the CONTRACTC ER shall be required to provide the CITY a
list of del inc uent accounts on a monthly basis. In addition, CONTRACTOR shall include folio
numbers (pr aperty identification) for all accounts. T fte CITY will provide a listing of all folio
numbers by address for all service locations upon initi r.:ion of a new Contract,
09/04/2003 15:31 FAX 305 460 5371
CITY OF CG FINANCE II012
CITY will p vovide CONTRACTOR with mailing Labe IS for all past due account by folio number.
CONTRACTOR OR will be responsible for notifying p operty owners of such delinquency on a
monthly has is in a CITY approved format.
SECTION 5. ADJUSTMENTS Ol '' CHANGES AND RATES
A. Disposal Charges
1. Can Residential Solid Waste Collection , .trvicg The disposal component of the
Residential ate shall be adjusted to reflect changes it :he disposal fees charged by the receiving
disposal Jac lity. In accordance with Miami -Dade Co tasty Solid Waste disposal fees for the pass -
through add ition or reduction to the monthly residential rate shall be a $.28 per unit adjustment,
in accordan :e with Exhibit VII for each $1.00 incre u e or decrease in the per -ton disposal fee
(plus the ad ed franchise fee).
2. Can Commercial Solid Waste Collectiol Service The disposal component of the
Commer'sia rate shall be adjusted to reflect changes its the disposal fees changed by the receiving
disposal fax lity. In accordance with Miami -Dade C aunty Solid Waste disposal fees the pass -
through addition or reduction to the monthly commen ial rate shall be a $.28 per can adjustment,
in accorclan:;e with Exhibit VII for each $1.00 increase or decrease in the per -ton disposal. fee
(plus the ad led franchise fees).
3, Containerized Residential and Commer
the collecti in of regular and compacted Commerci
disposal aoritiponent of the disposal fees charged at tl
Miami -Dad :. County Solid Waste disposal fees, the
monthly Cc iitainerized and Compacted (3:1 Ratio) sl•
with Exh.ibi: VII, plus the franchise fee adjustment fog
ton disposal fee.
',Al Solid Waste Collection ' The rats for
r; service shall be adjusted to reflect the
t, receiving facility. In accordance wit the
pass -through addition or reduction to the
all be a $.22 per cubic yard, in accordance
2.ach $1.00 increase or decrease in tha per -
Roll -Off Container or Compactor Solid Waste Collection The disposal rate for
Roll -Off se vice will be based on the weight of the lc t.d and the disposal fee al the Miami -Dade
County fool I Waste facility. Adjustment in the hauli tg and maintenance components shall have
the franclais fee added,
11. Adjustment to Other Cots
1. Consumer Price Index (CPI) During tile first year of the initial term (i.e. October
1st, 2000 — September 30th, 2001), CON':'RACTOR will have zero cost of living
i nci zase. Thereafter, the rate for each subsequent annual period of October through
ref ':ember 301h, shall be determined by the rite in effect the immediately preceding; year
wit an increase of decrease of the percent age change in the CPI from the previous
October 1st to September 30th of the it tinnediately preceding year in which the
adjustment is effected. All parties should u b+: the Urban Consumers for the Southeast
l el,ion of the United States for all items as Ine same is published by the United States
]3ut eau of Labor Statistics.
09/04/2003 15:31 FAX 305 460 5371
CITY OF CG FINANCE 4013
2. Unusual 1:'osis The CONTRACTOR inay petition the CITY at any time for an
additional ra :e adjustment on the basis of extraordir ary and unusual changes in the costs of
operation th it could not reasonably be foreseen b; a prudent operator and which, by all
reasonable a,:pectations, will continue. CONTRACTOR requests shall contain substantial proof
and justif ca:ion to support the need for the rate adjur:ment. The CITY may request from the
CONTRA.CYOR such further information as may be reasonably necessary in makin;?, its
determinatio 1. The CITY shall approve or deny the re [lest, in whole or in part, within sixty 050)
days of rec. ipt of the request and all other additional information required by the CITY
whichever is later.
SECTIO)' ' HOLIDAYS
Tie CONTRACTOR shall not be require to collect Commercial Solid 1Ns�ste,
Commercial Recycling, Residential Solid Waste, l;lalk Trash, and Residential Recyclable
Material or 1 iaintain office hours on Christmas Day. Solid Waste not collected on a designated
holiday steal be collected on the customer's next r.„ ularly scheduled pick-up day after the
holiday. Re 1;ycling Materials and Bulk Trash not co; Iected an a designated holiday shall be
collected on the next business day after the holiday. ' The CONTRACTOR shall: not be required
to maintain iffice hours on Labor Day, Independence Day, New Year's Day, Thanksgiving i.iay
and Christrrnis Day. The CONTRACTOR shall prov de for operations personnel to accept calls
from the en Y and CONTRACTOR customers.
SECTION : PERSONNEL DE THE COP r':I; RACTOR,
A. The CONTRACTOR shall assign a qua ifed person or persons to be in charge of
the operatioi is within the service area and shall give the name(s) of the person(s) to the City
Manager or designated representative.
B. The CITY has the right to require that CC INITRACTOR employees wear uniforr.as or
shirts bearint ! CONTRACTOR name during operation: .
C, The CONTRACTOR shall employ and e.ssign qualified personnel to perform all
services :yet forth herein. The CONTRACTOR stall be responsible for ensuring that its
employees c )mply with all applicable laws and reguh lions and meet all federal, state and local
requirement related to employment and position.
D.. Each driver of a collection vehicle sitar :it all times carry a valid Florida driver's
license and all other required licenses for the type of vehicle being operated.
E. The CITY may request the transfer of a ay employee of the CONTRACTOR who
materially v:olated any provision hereof, or who is ..anton, negligent, or discourteous in the
performance of duties.
F. CONTRACTOR name and office telephtane number shall be properly displayed on
all collection vehicles and Containers provided by the ;.ONTRACTOR. All vehicles utilized for
the collection of Recyclable Material shall be clearly it'.entified for that purpose.
09/04/2003 15:32 FAX 305 460 5371
CITY OF CO FINANCE IQ014
G. All employees of the CONTRACTOR ::n rforming work under this Contract shall
meet the rnir imum acceptable standards of cleanlines! „ conduct, and human reliability standards
for the type +:f work to be performed. Such standards =;hall be as prescribed and approved by the
CITY or the :Iesignated representative.
H. The CONTRACTOR shall provide : ergency contact numbers for all key
personnel.
SECTIOI:d ' SPILLAQE AND LITTER
The CONTRACTOR shall not litter premises in the process of making collections, but
shall not l:'e i Nuked to collect any Solid Waste or Rec yelable Materials that have not beta either
placed or prc pared in any manner as set forth herein o as required by Chapter 21 of the Code of
the City of c :oral Gables. The CONTRACTOR shal I transport all Solid Waste or Recyclable
Materials in itich a manner as to prevent the spilling c r blowing from CONTRA.CTOR vehicles.
The CONTRACTOR shall promptly clean up all spill age caused by the CONTRACTOR. a1 the
time of cc'lle.:tion.
SECTION 10. COLLECTION EQUIPMEr IT
The CONTRACTOR shall have on hand, al all times, in good working order, such
equipment a;; shall permit the CONTRACTOR, adequately and efficiently, to perform all of' the
services regi:ired to be performed under this Contract. Equipment shall be purchased from
nationally kr awn and recognized manufacturers of re,;;icling and garbage collection equiprat.nt.
Garbage co1l;:ction equipment shall be of the enclosed load -packer type, and all equipment shall
be kept in g:>od repair, appearance, and in a sanitary clean condition at all times. Equip i:nent
utilized for Ile collection of Recyclable Materials sl.all be clearly identified for that purpose.
Equipment i:i to be painted uniformly with the nan i.e of the Contractor, business telephone
number. rh,: rear of the vehicle shall contain signs '.warning the public of frequent stops. All
vehicles shall be numbered and a record kept of the ve:Ucle to which each number is assigned.
The CONTII ,ACTOR shall have available, at all times reserve equipment which can be put into
service and Eperation within two (2) hours of any b c akdown. Such reserve equipment shall
substantially correspond, in size and capability, to the quipment used by the CONTRAC:TCi:R. to
perform the ;.ervices required under this Contract.
09/04/2003 15:32 FAX 305 460 5371 CITY OF CG FINANCE L1O15
SECTION I I.
CONTRACTOR QFFICE fl OURS AND LOCATION
The CONTRACTOR shall maintain an of
complaints hall be received. It shall be equipped v
have respon lible person(s) in charge able to reso
collection he urs. CONTRACTOR office shall remain
A.M. to 5:0i: P.M., and Saturday from 8:00 A.M. tc
provide a,n snswering machine or telephone answi.
questions to be responded to during the following 1
provide a co 'tact for the CITY to reach during all na
have the ability to authorize Contractor operation in
requiring im inediate attention. An Equipment Yard
County that is utilized by the CONTRACTOR for t
needed by th,: CONTRACTOR to provide all services
lice within Miami -Dade County whore
ith sufficient telephone service and shall
ve customer complaints during ncrrnal
open Monday through Friday, from 8:00
12:00 P.M.. The CONTRACTOR shall
ring service for customer requests and
t.siness day. The CONTRACTOR shall
.n-office hours. The contact person must
the case of CITY direction or situations
must be established within Miami -Dade
to storage and keeping of all equip:arent
rider this Contract in the service area,
SECTION .2. SPECIAL WASTE. HAZARDOUS WASTE
The CONTRACTOR shall not be required tc collect and dispose of Special Waste or
Hazardous V •aste, but may offer such services. All s•seh collection and disposal of such waste
are not re;u:,ited under this Contract, but if provided by the CONTRACTOR shall be in ,strict
compliance with all federal, state and local laws and re;3ulations.
SECTION .3. COMPLAINTS
A. All complaints arising from equipment services provided under this Contract
shall be resolved within twenty-four (24) hours. V hen a complaint is received on the clay
preceding a .oliday, or on a Saturday after 12:00 noc n, that complaint shall be serviced on the
next regular working day. If a complaint cannot be re ,salved within twenty-four (24) hours after
its receipt:, till; City Manager or designated representative shall be notified.
B. The CONTRACTOR shall prepare a form, or maintain a register in the l�a�al
office, on all womplaint,s in a manner prescribed by the CITY. The following informationwill be
provided f'br ::ach inquiry or complaint date: Date; tim3 of call; person calling; address of per:.on
calling; telephone number of person calling; reason foi inquiry or complaint; and action taken by
the CONTR, ',CTOR. Such records shall be available for CITY inspection at all times during
business hou •s. CONTRACTOR shall provide a summary report of customer complaints to the
CITY on sip qi iarterly basis.
C. The CONTRACTOR shall provide the C ty Manager or designated representatiive
with a furl written explanation or response of the disp Hition of any complain involving a claim
of damage o private or public property as a res r;t of actions of the CONTRACTC'It's
employeeri, f 3ent, or sub -contractors. Any damage sl i;ill be repaired within seven (7) business
days.
09/04/2003 15:32 FAX 305 460 5371 CITY OF Cr; FINANCE teju14
SECTION 1.4. CUSTOMER NOTIFICATJ
The CONTRACTOR shall notify all custome 1; upon commencement of service, or any
change there of concerning complaint procedures, rate.; regulations, and day(s) of collection, all
consistent w';th this Contract and upon approval of City Manager, or designated representative.
as to fonr.L.
SECTIO;:N 1.5. QUALITY OF PERI~ORM..,NCE OF CQNTRACTCR
A. It is the intent of the CITY to ensure tl :at the CONTRACTOR provides a quality
level of colt ction services. To this end, all complait:s shall be promptly resolved pursuant to
the provis for s of Section 13 of this Contract. Compla: rats shall not include customer inform ration
requests or t antainer requests, A complaint not reso v ed within twenty-four (24) hours, unless
otherwise privided in this Contract, shall count as two complaints. In the event legitimate
complaints, .s determined by the City Manager or designated representative, shall exceed ueven
percent ('r°/aof the total number of customers ser riced by the CONTRACTOR under this
Contract dui ing any Contract fiscal year, or one pe tent (1 %) of the total customers for the
Contractor under this Contract, during any one calenc;ar month, the City Manager or designated
representati\ may levy administrative charges of $10 :1.00 for those actions related to services as
listed within this Contract including:
C;pl ;act Infractions Administrative Ein
Comminglin ; Solid Waste with Recyclable Materials $100.00
Failure to ell an up spillage cause by CONTRACTOR
at the time: o 'collection $100.00
Failure to re;: lace damaged Containers of Garbage Cal .: in
the required lime period $100.00
Failure to rel. lace Containers, Garbage Cans, Recyclin
Bins in dcsii noted location, not closing gate, crossing
planted area: or similar violations $100.00
Throwing of Garbage Cans or Recycling Bins $100.00
Failure to co Ilect Recyclable Materials, Solid Waste a
Bulk Trash c :r schedule: $100.00
The City Tvla Trager or designated representative may al ;,.) levy administrative charges for all other
infractions GI' this Contract in an amount of $100.00 ; yr-day, per -incident without regard to the
percentage oI'customer complaints including:
Contract 1n l 3ctionS Administrative Fine
Failure to pr :wide clean, safe, sanitary equipment
Failure to pr'vide office hours as required
Failure to pr wide documents and reports to the CITY
required and :r the provisions of this Contract
Failure to rei air damage of Customer property
Failure to co 1,er materials of collection vehicle(s)
Failure to di:;play CONTRACTOR name and phone
number o:n C Dilection vehicles or equipment
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
09/04/2003 15:33 FAX 305 460 5371 CITY OF CG FINANCE
[j017
Failure to cc nply with the hours of operation as requi t.d
Failure to su hmit disclosure notice to either customer .:r City Manager
Failure to p1:.ce contamination sticker on Recycling C.:'i tainers
Failure to cc:nplete each route on the regularly scheduled pick-up day
Failure to cc.nply with Contract provisions for route (.ranges
Fail!: re to deliver any Residential or Commer( ill Solid Waste to the
Facilities;, o failure to deliver any Recyclable Mattrials to a licensed
Facility will 'esult in the following penalties:
I. First offense - $1000.00 fine
2. Second offense - $2500.00 fine
3. Third offense - loss of Contract
$100,00
$100.00
$100.00
$1000.00
$1000.00
Designated Disposal
Materials Recycling
B. For the purposes of this Section, the City Manager or designated represen•:ative
may deduct charges from payments due from deli quent billings or to become due to the
CONTRA.C' OR. The City Manager or designated representative may assess administrative
charges pursuant to this Section on a monthly basis in connection with this Contract and shall, at
the end of e;.ch month during the term of this Contra( t. notify the CONTRACTOR in writing of
administrati'e charges assessed and the basis for each assessment, The CONTRACTOR ,;hall
pay the .ass ;ssment within thirty (30) days of the date of this notice. In the event the
CONTRACT OR wished to contest such assessment, is shall, within five (5) days after receiving
such month:y notice, :request in writing an opportunity to be heard by the City Manager] or
designated representative and present its defense to si '.h assessment. The CITY shall notiti the
CONTRAZ OR in writing of any action taken with r ,,ipect to claims of CONTRACTOR. Any
appeal of a c •:cision of the City Manager shall be acco 'lance with the provisions of Section 27.
SECTIO:IN 1.6. FILING OF REQUESTED I;E FORMATION AND DOCUM] ]'; i
A. In addition to any other requirements .)1this Contract, the CONTRACTOR shall
be required o ftle any and all applicable informatior pertaining to Solid Waste and Recycling
collection se (vices that the CITY may request to comply with the provisions of Section 403, F.S„
as amend(:d, other pertinent laws and regulations and 1 nterlocal Agreements that the CITY 1-as or
may enter in o during the term of this Contract.
B. The CONTRACTOR shall file and k „ep current with the CITY all docurat:,nts
and repors i 'squired by this Contract. By January 1st of each year this Contract is in effect, the
CONTRA.C'. OR shall ensure and certify to the CITY 1 hat all required documents such as, but not
limited to, certified copies of all insurance policies, audits, performance bond, route ::cht Jule
and maps an: current and on file with the CITY. Failure to file any document or report within
thirty (30) ( ays of the required filing date, except here granted an exclusion by :he City
Manager of designated representative, may result .n the levy of an administrative fine as
provided in ; , ection 15.
09/04/2003 15:33 FAX 305 460 5371 CITY OF CG FINANCE
IAo18
SECTION 17. EMERGENCY SERVICE P �i3OyISI()]�iS
In tl e event of a hurricane, tornado, major storm or other natural disaster, the City
Manager or designated representative may grant the CONTRACTOR a variance from regular
routes and s .:hedules. As soon as practicable after such natural disaster, the CONTRACTOR
shall advise :he City Manager when it is anticipated that normal routes and schedules can be
resumed. Tile clean-up from some natural disasters i nay require that the CONTRACTOR. hire
additional personnel, or work existing personnel on ov. time hours to clean debris resulting from
the natural c isaster. The CONTRACTOR shall rece ti e extra compensation above the normal
compensatio t contained in this Contract to cover the :,osts to at least include rental equipment,
additional personnel, overtime hours, and othe documented expenses provided the
CONTRA .C1'DR has secured written authorization an 1 approval from the City Manager prior to
the work laeing performed. In addition, the CITY mt.!, require the CONTRACTOR to provide
City -Wide: essergency landscape debris removal prior to or after a pending natural disaster such
as a storm. %%11 such costs shall be audited by the Ci;;' Manager and Finance Director prior to
payment. In the event that excess work resulting fror.i a natural disaster is compensated by the
Federal Emergency Management Agency, or any othi:r local, state or federal agency, the extra
compensations previously audited by the City Manage and Finance Director shall be subject to
such agency's approval.
SECTION 8. FORCE MAJEURE
A. Notwithstanding any of the provisions of this Contract to the contrary, and
except as provided herein, neither the CITY nor CONTRACTOR, as the case may be, nor any
successor in nterest, shall be considered to be in defai ilt of this Contract if delays in or failure of
performar.:ce shall be due to Uncontrollable Forces, :such as strikes; lockouts; Acts of God;
unusual dela y in obtaining or inability to obtain ma :c:rials or sources of energy on the open
market due t ) general shortage, rationing or governmi mtal restrictions; enemy action; malinious
mischief; ci .11 unrest or commotion; fire; sabotai;e:; condemnation; requisition; order of
governmental or civil or military or naval authorities; of any other cause (whether similar or
dissimilar) b yond the reasonable control of a party; I rovided the terms of this Section shall not
include sue party's insolvency or financial cc :r.dition or excuse any obligation of
CONTRACT DR to pay franchise fees, administrative charges or other payments hereunder. As
to any delay :aused by strikes the CITY shall be entitle s. to that relief provided in Section 26.
B. The party seeking the benefit of the provisions of this Section shall, except in
strikes, within thirty (30) days after such party shall rave become aware of such unavoidable
delay, give, n:itice to the: other party thereof in writing of the cause or causes thereof and the time
delayed to th.: extent the same can then be reasonably 1 ace determined. Failure to give such notice
shall not in' .alidate the application of the provisio is of this Section with respect to such
unavoidable lelay, but unless such notice is given witF St such thirty (30) day period the duration
of the unavc idable delay shall be deemed to comm rice as of the actual delivery of notice
thereof. Ii"tt a parties disagree as to the arbitration hereunder, it being the purpose and intent of
this paragrafIt that in the event of the occurrence of .any such unavoidable delays the time: or
times for the performance of the covenants, provisions c.nd agreements of this Contract, Contract
shall be es:te' ided for this. period of unavoidable delay.
09/04/2003 15:33 FAX 305 460 5371 CITY OF CG FINANCE 140019
SECTION : 9. PERMITS AND LICENSE'
At t e sole expense of the CONTRACTOR, C I;)NTRACTOR shall obtain all permits and
licenses req sired to perform the work and services described herein, by law or ordinnnco and
maintain the same in full force and effect.
SECTION
P rio
procure, l:Lnc
as required
secure and r
a policy orx
Relations, T
:! 0. INSURANCE
to award and in any event prior to con
provide the CITY with certified copies c
herein anci name the CITY as an addii
.aintain, at: its own expense, and keep in
Aides of :insurance, and submit to the CI
re limits of coverage of insurance require,
.mencing work, the CONTRACTOR shall
f all insurance policies providing coverage
Tonal insured. The CONTRACTOR shall
. i'fect during the full period of the contract
IY Risk Management Division, Employee
shall not be less than the following:
A. Worker',: Compensation and Employer' t Liability Insurance The CONTRACTOR
shall providr and maintain, during the life of the Cont 'Let, Worker's Compensation Insurance for
all employees under the Contract in accordance wi':F. the laws of the State of Florida. The
CONTR/',C OR shall agree to be responsible for th 3 employment, control and conduct :if its
employees a tid for any injury sustained by such employees in the course of employment.
B.. Comprehensive General Liability lnstntrlce The CONTRACTOR shall provide
and maintai: , during the life of the Contract, Comprehensive General Liability Insurance with
the followin;; minimum limits of liability:
i5.01)0,000
Coml •ined Single Limit, Bodily
Injur; and Property Damage
Liabi ity per occurrence
Coverage shall' specifically include the folio oving minimum limits not less than those
required for I3odily Injury Liability and Property:
S;D g0,000
Corot ined Single Limit, Bodily
Injure and Property Damage
Liabi iy per occurrence
Premises and Operations:
Independent Contractors;
Products and Completed Operations;
Broad Form Contractual Coverage appli ,:able to the Contract and specifically
confirming the indemnification and hole harmless agreement in the Contract;
Broad Form Property Damage;
Personal Injury Coverage with ernployn.tnt and contractual exclusions removed
and deleted; and
Explosion, collapse, underground cover. ige (X-C-U).
09/04/2003 15:34 FAX 305 460 5371 CITY OF CG FINANCE
4.102U
C. Comprehensive AutomoJ1ile Liabili';k Insurance The CONTRACTOR shall
provide i:Lnc maintain, during the life of the Contra, Comprehensive Automobile Liability
Insurance t:.rr all owned, non -owned and hired t.' ctomobiles and other vehicles used by
CONTRAC l'OR in the performance of the work with the following minimum limits of liability.
.)0,0Q0
ALL LLI,BI:LITY INSURANCE POLICIES SHA
THE CITY OF CORAL GABLES IS AN ADI
RESPECT TO THE REQUIRED COVERAGE!
CONTRA( TOR UNDER THIS CONTRACT.
acceptable ' o the CITY. All of the policies of in
maintained shall contain a provision of endorsem
canceled, m aerially changed or renewal refused until
been given to CITY by certified mail to the City Man.
Combined Single Limit, Bodily
Injury and Property Damage
Liability per occurrence
EL SPECIFICALLY PROVIDE THAT
]t'TIONAL NAMED INSURED ViITH
I AND THE OPERATIONS OF THE
Insurance companies selected must be
r.Nance so required to be purchased and
eat that coverage afforded shall not be
at least thirty (30) days written notice has
ger.
1. The required insurance coverage shall .ae issued by an insurance company duly
authorized :nd license to do business in the State of Florida with the following minimum
qualificat.ioi is in accordance with the latest edition o i' A.M. Best's Insurance Guide: Financial
Stability B- to A+.
2.. The CITY at its option, may allow a C(
more linos if coverage. In such instances, the COP
Managenier : Division of the CITY that is has adequ
claims in th amounts and categories as required by tl•
3. The CITY shall have the authority to inc
above upon sixty (60) days written notice to the COI
receipt of a notice to increase its policy limits, the
proof of sue h increased coverage.
INTRACTOR to be self -insured for one or
TRACTOR shall demonstrate to the disk
r:e financial resources to defend and cover
e. Risk Management Division of the CITY.
rzase or decrease the policy limits set forth
1 rRACTOR. Within sixty (60) days from
:,`ONTRACTOR shall submit to the CITY
4. A insurance policy obtained in comp .lance with this Contract is subject to the
approval of the CITY.
The CITY may require the policy to be ranged to reflect changing liability limits.
CONTRAC COR shall immediately advise the CIT' of actual or potential litigation that may
develop thawould affect insurance coverage related 1 c a municipal contract.
f�. An insurer has no right of recovery r i ainst the CITY. The required insurance
policies shL ll protect the CONTRACTOR and the CITY, The insurance shall be primary
coverage fo losses covered by the policies.
?. The CONTRACTOR shall ensure that ry company issuing insurance to cover the
requiremen s contained in this Contract agrees to 1,ri recourse against CITY for paymi;nt or
assessment; in any form on any policy of insurance.
09/04/2003 15:34 FAX 305 460 5371 CITY OF CG FINANCE 1j021
8 The CONTRACTOR shall provide pr a.af to the CITY of compliance with this
section no lc.ter than sixty (60) days from the date of the Commission resolution approving the
Award of CL ntract. Failure to provide the CITY with proof of insurance within the prescribed
time period ' .Jill render the Contract null and void witi (kit further action by the CITY.
SECTION ill. PERFORMANCE BOND
The CONTRACTOR shall deliver to CITY Within twenty-one (21) calendar days after
the Notice o 'Award and shall thereafter maintain in a 'feet throughout the term of this Contract a
bond in the amount of one million ($1,000,000.0O. The bond shall be executed by the
CONTRA.C'. OR as principal, and by a surety compar.,y authorized to do business in the Stair! of
Florida as a surety with the following qualifications •ns to financial size and financial :stability:
The coml'an', must be rated no less than class "B+" i:.. to financial stability in accordance with
the latest edi i:ion of A.M. Best's Insurance Guide, pub ished by Alfred M. Best Company, Inc.., if
the surety is rated as a licensed carrier by A.M. Best nsurance. The surety shall hold a current
certificate! o1' authority as an acceptable surety in accordance with the United States Departrn.ent
of Treasury Circular No. 570. The bond shall b.: conditioned upon full performance by
CONTRA,[' OR of all the terms of the Contract. The iond must be approved as to form by the
CITY. CONTRACTOR shall provide current certifica Le on each anniversary thereafter.
SECTION ,2. T
A. General Indemnification CONTRACT =iR shall indemnify, defend, save and hold
harmless ehe CITY, its officers, directors, agents and mployees, harmless from any all claims,
damages, to ses, liabilities and expenses, direct, in, ffireet or consequential arising out of or
alleged te ht ive arisen out of the products, goods or arvices furnished by or operations of the
CONTRA.CIOR or subcontractors, agents, officers, employees or independent contractors
pursuant i.o tile Contract, specifically including but nc I: limited to those caused by or arising? out
of (a) any aci:, omission or default of the CONTRACT OR and/or subcontractors, agents, se:-vant
or employee:, in the provision of the goods and/or se vices under the Contract; (b) any and all
bodily injiur'3s, sickness, disease or death; (c) injury to or destruction of tangible prop3rty,
including th;: loss of use resulting therefrom; (d) tie use of any improper materials; (el a
defective cot edition in any goods provided pursuant to the Contract, whether patent or latent; (f)
the violaliar of any federal, state, county or muni sipal laws, ordinances or regulations by
CONTRACTOR, subcontractors, agents, servants, ind' :pendent contractors or employees; (g) the
breach or all :ged breach by CONTRACTOR of any te: rs, warranty or guarantee of the Contract.
1. The CONTRACTOR shall pay all claims, losses, liens, settlements or judgrnert:s of
any nature whatsoever in connection with the forei,oing indemnification including, but: not
limited to, ri asonable attorney's fees (including appe late attorney's fees), paralegal expenses,
and costs.
2. CITY reserves the right to select its ow legal counsel to conduct any defense in
any such proceeding and all costs and fees associate :I therewith shall be the responsibili•:y of
CONTRACTOR under the indemnification agreement. Nothing contained herein is intended nor
shall it be c'.nstrued to waive CITY rights and imm unties under the common law of Florida
Statute 76 B.; 3, as amended from time to time.
09/U4/1UO3 15:35 FAX 305 4ti0 5371 C1.1'Y OF CG FINANCE lJ022
3.. CONTRACTOR'S purchase of insuranc shall not in any way release or litnit their
exposure !net .:in.
SECTION i13. AUDITS, BOOKS ANDBBEI ,:ORDS
A. Acces,, The CONTRACTOR shall maintain within Miami -Dade County
adequate fin incial records of the Solid Waste Coller;tian and/or recycling services during the
Fiscal Year :.nd for one year following the end of eat It Fiscal Year of the Contract. The CITY
shall have the right to review all applicable records :riaintained by the CONTRACTOR upon
three (3) days written notice.
13, Records ;and Reports The CONTRA( TOR shall keep records of the numbest. or
Business establishments for which Commercial Sol:cl Waste Collection Service is provided
together wit] i a record of the revenue received from su eh collections. The CONTRACTOR shall
maintain its :•ecords in such a manner as to clearly kit. ratify revenues derived from operations in
the City of t:'oral Gables. In addition, the CONTRACTOR shall keep records of Multi -family
Recycling C:'Ilection Service.
C.. Annual Reports Within six (6) m.saths of the close of its Fiscal Year, the
CONTRA Cl OR shall file an annual report to the City Manager. A report of revenues that shall
be specifie 2:i to the extent of operations in the City 31 Coral Gables and shall be sufficient in
scope to Idle w independent ascertainment of the CU.ITRACTOR'S compliance the franchise
fee requirecrents of this Contract. All reports shall :le prepared in accordance with generally
Accepted Ac counting Principles (GAAP).
SECTION :!4. POINT OF CONTACT
All dealings, contacts, notices, and payments be seen the CONTRACTOR and the CITY
shall be dit i cted by CONTRACTOR to the City Manager or designated representt:,t.ive.
CONTRACI DR shall inform the CITY in writing of •:he representative of CONTRACTOR to
whom all :ma inters involving the performance of this Cc ntract shall be directed.
SECTION : ! 5. NOTICES
Any Notice, demand, communication or requer.t required or permitted hereunder shall be
in writing, e ,:cept where otherwise herein designated by telephone, and delivered in person or
sent by certii i ed, return receipt requested, United State ; Mail as follows;
As tc the CITY:
City Manager
C:ity of Coral Gables
405 1 liltmore Way
Cora i Gables, FL 33134
09/04/2003 15:35 FAX 305 460 5371 CITY OF CO FINANCE 4023
As 13 the Contractor:
Waste Manag :::ment Inc. of Florida
Ms. Mame D; tuts
2125 NW 10` Court
Miami, Florio s 33127
Not ;es shall be effective when received at the addresses as specified above. Changes in
the respec.th e addressed to which such notice is to be i iirected may be made from time to time by
written ncatu e. Facsimile transmission is acceptable re 'lice, effective when received, however,
facsimile trr:ismissions received (i.e., printed) after 51 dl PM or on weekends or holidays, will be
deemed reef ived on the next business day. The origin i.l of the notice must additionally be mailed
as required.
SECTION t6. DEFAULT OF CONTRAC
A. The C:ITY may cancel this Contract, .:accept as otherwise provided below in this
section, by giving CONTRACTOR th lity (30) days advance written notice, lc be
served as hereafter provided, upon the happening of any one of the fa1lc-wing
events., which will be deemed to be a i iaterial breach of contract.
1. CONTRACTOR shall take the benefit of any present or future insolvency statute,
shall make a general assignment for ti: e benefit or creditor, or file a voluntary
petition in bankruptcy or a petition or answer seeking a arrangement for its
reorganization or the re -adjustment of :its indebtedness under the Federal
bankruptcy laws or under any other la ,o or state of the United States or any state
thereof, or consent to the appointment, ef a receiver, trustee or liquidator of all or
substantially all of its property; or
2. By order or decree of a Court, CONTIACTOR shall be adjudged bankrupt o:r an
order shall be made approving a petition filed by any of its creditors or by any of
the stockholders of the CONTRACTC:6., seeking its reorganization or the
reorganization or readjustment of its is ,debtedness under the Federal bankruptcy
laws o:r under any law or statute of the United States or of any state thereof,
provided that if any such judgment or ,order is reinstated in which case, said
default: shall be deemed immediate; or
3. By or pursuant or under authority of a iv legislative action resolution or rule or
any order or decree of any Court or gc vernmcntal board, agency or officer having
jurisdiction, a receiver, trustee or liquidator shall take possession or control of all
or substantially all of the property oft: to CONTRACTOR, and such possession
or control shall continue in effect for 2 period of sixty (60) days; or
4. The CONTRACTOR has defaulted, b: , failing to remit in a timely manner the
franchise fee, administrative charges c r other monies due to the CITY and said
defaultis not cured within thirty (30) i f,ys of receipt of written notice by the
CITY to do so.
09/04/2003 15:35 FAX 305 460 5371
CITY OF CO FINANCE
41024
B. However, notwithstanding anything conti
of CONTRACTOR :TOR to provide collection service for a
working day 1, the CITY may secure the CONTRACT4
CITY, the C .)N'I•ItACT'OR shall provide such records
to provide in.erim Contract collection services until st
CONTRACTOR is again able to perform pursuant ti
CONTRACTOR is unable for any cause or reason tc
(30) workdays all liability of the CITY under tl
cease and thi Contract may be deemed immediately to
Dined herein to the contrary, for the fa dime
,eriod of three (3) consecutive scheduled
1R'S billing records (at the request of the
;) on the fourth (4th) working day in order
rh time as the matter is resolved and lie
this Contract; provided, however, if the
resume performance at the end of thirty
is Contract to the CONTRACTOR shall
rninated by the CITY,
C. Notwithstanding, the foregoing and as su 9lemental and additional means of
termination I.f this Contract under this Section, in th;, event that CONTRACTOR'S record of
performance Chows that: CONTRACTOR has repetitiv ray defaulted in the performance of any of
the covenant and conditions required herein to be kf pt and performed by CONTRACTO:34 in
the opinion of CITY and regardless of whether CON [ RACTOR has corrected each indiv idual
condition of default, CONTRACTOR shall be deems •d a `habitual violator", shall forfeit the
right to any 1•srther notice or grace period to correct, End all of said defaults shall be considered
cumulative, a id collectively, shall constitute a conditio: M or irredeemable default. The CITY shall
thereupon issue CONTRACTOR final warning citing t is circumstances therefore, and any s n;gIe
default by CONTRACTOR of whatever nature, subse',paent to the occurrence of the last of said
cumulative,: defaults, shall be grounds for immediate to •rnination of this Contract. In the event of
any such sub .equent default, CITY may terminate this Contract upon the giving of written Final
Notice to Ct )NTRACTOR, such cancellation to be !ii'fective upon the fifteenth consecutiive
calendar clay following the date of Final Notice, anc. all fees due thereunder plus any and all
charges and interest shall be payable to said date, a:xrl CONTRACTOR shall have no further
rights hereun.Ier. Immediately upon receipt of said Fi 711 Notice, CONTRACTOR shall proceed
to cease any urther performance under this Contract,
D.
above and e]i
the date spec
shall be diet
under this Cc
performan' e
of the herein
CITY all dlr.
Services.
In the event of any of the aforesaid ev ,its specified in paragraphs A, B, and. C
wept as otherwise provided in said parag c.phs, termination shall be effective upon
fied in CITY's written notice to CONTN ACTOR and upon said date this Contract
ied immediately terminated and upon s ri.h termination all liability of the CITY
tract to the CONTRACTOR shall cease and the CITY shall have the right to call
bond and shall be free to negotiate with o ;her CONTRACTORS for the operation,
,;pecified services. The CONTRACTOR for failure to perform shall reimburse the
!et and indirect costs of providing interi r. Solid Waste and Recycling Collection
09/04/2003 15:36 FAX 305 460 5371 CITY OF CG FINANCE t025
SECTION .17. APPEAL
A,. All decisions of the City Manager r :i. y be appealed to the City Commission
within th.'irtt (30) days. by filing a written notice of ippeal with the City Clerk and providing
copies to tin City Manager and the City Attorney. T:le notice of appeal shall state the decision
which is bei ig appealed, the grounds for appeal, a br.ef summary of the relief which is sought,
and shall be accompanied by a nonrefundable fee, to be established by administrative order of
the City Manager. The City Commission may affirm, modify or reverse the decision of the City
Manager. The City Manager shall notify any party who has filed a written request for ,such
notification :if the date when the matter will be pre Tented to the City Commission. Nothing
container hey'cin shall preclude the City Commission :from seeking additional information prior
to rendering a final decision. The decision of the City Commission shall be in writing and a
copy of the c ecision shall be forwarded to the City Ma .lager and the appealing party.
B. Within the time prescribed by the appropriate Florida Rules of Appellate
Procedure, ► party aggrieved by a decision of the t;ity Commission may appeal an adverse
decision to the Circuit Court in and for Miami -Dale County, Florida or applicable Federal
District Curt. The party making the appeal shall be ri squired to pay to the City Clerk a fee, to be
established 11, administrative order of the City Man lger, to defray the costs of preparing the
record an ap Teal. Said fee shall be effective upon app; oval by the Commission.
SECTION ,,8. MODIFICATIONS TO THl ; CONTRACT DUE TO 'UBLIG
WELFARE, CHANGE IN L,4.,W OR CHANGE IN CHAPTER
21 OF THE CODE OF THE CITY OF CORAL GABLES
The ;.ITY shall have the power to make than€'es in this Contract as the result of charges
in law and/c r Chapter 21 of the Code of the City cf Coral Gables to impose new rules and
regulations on the CONTRACTOR under this Conti act relative to the scope and methods of
providing R ;sidential and Commercial Solid Wash Collection Services and Multi -family
Residential Recycling Services as shall from time tc time be necessary and desirable for the
public welfa e. The CITY shall give the CONTRACT OR notice of any proposed change and an
opportunity ..a be heard concerning those matters. T r : scope and method of providing Multi-
family Solid Waste Collection Services and Multi-f tinily Recycling Collection Services and
Commercial Solid Waste Collection Services as r.:.:'erenced herein shall also be liberally
construed to include, but is not limited to the manner, procedures, operations and obligations,
financial or otherwise, of the CONTRACTOR. The CITY and the CONTRACTOR under!aand
and agree, tliat the 1988 Florida Legislature made comprehensive changes in Solid Waste
Management legislation and that these and other cha ages in law in the future which mandate
certain aclaoiis or programs for counties or municipalities may require changes or modifications
in some o:47tt c terms, conditions, or obligations under ibis Contract. The CONTRACTOR agrees
that the torn s and provisions of Chapter 21 of the C cde of the City of Coral Gables, as IOW
exists or as may be amended in the future, shall appl./ to all of the provisions of this Conl;rrict,
and the cast Inters of the CONTRACTOR located w thin the Service Area. In the event any
future clump , in Chapter 21 of the Code of the City of Coral Gables materially alter; the
obligations c F the CONTRACTOR, then the CONTR 1►CTOR shall be entitled to an adjust:ri'ent
in the Collection charges established under this Contra :.t.
09/04/2003 15:36 FAX 305 460 5371 CITY OF CG FINANCE 4 026
Nothing contained in this Contract shall requi 1: any party to perform any act or function
contrary to Lim?. The CITY and the CONTRACTOR .agree to modify this Contract, which may
be required n order to implement changes in the inte Est of the public welfare or due to change
in law. \''h' n such modifications are made to this Contract, the CITY and the CONTRACTOR
shall negoti:.te in good faith, a reasonable and appropriate compensation for any additional
services or ether obligations required of the CONT ;.ACTOR due to any modification i:n, the
Contract in er this Section. The CITY shall not nrtreasonably withhold agreement to such
compensetic
SECTIQIN ',9. INDEPENDENCE OF CON ;CRACT
It is understood and agreed that nothing he rein contained is intended or should be
construed as in any way establishing the relationship of co-partners or a joint venture between
the partieu h reto, or as constituting the CONTRACT(h:.1 as an agent, representative or employee
of the CITY for any purpose whatsoever. The CONTRACTOR is to be, and shall remain, an
independent contractor with respect to all services pert lamed under this Contract.
SECTION ..10. RIGHT TO REQUIRE EER IE'ORMANCE
The
any provi,;:io
shall waiver
any succeed
'allure of the CITY at any time to requii performance by the CONTRACTOR of
hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor
I)y the City of any breach of any provisiol a hereof be taken or held to be a waiver of
ng breach of such provision or as a waive: 3f any provision itself.
SECTION ;!•1. LAWS TO GOVERN
This
to interpreta
will be held
laws of the 5.
and all act ioi
Contract shall be governed by the laws oi'I:he State of Florida and the CITY both as
ion and performance. Any and all legal action necessary to enforce this Cor.tract
n Miami -Dade County, Florida and the C• tract will be interpreted according to the
:ate of Florida. Venue shall be in Miami •I)ade County, Florida with respect to tiny
Is which may be brought now or hereafter in connection with this Contract.
SECTION .12. COMPLIANCE WITH LAV
A. This Contract shall be governed by all
ordinance% :'r other standards as amended from tin
agency, inch ding but not limited to any and all munici
the City ea a inunicipality in the State of Florida.
B. CONTRACTOR specifically warrants
company or Jerson, other than a bona fide employe,
solicit or set ure this Contract, and that CONTRAC'
person, company, corporation, individual or firm any
other considi -ation, contingent upon or resulting from
understood a !d agreed that the term "fee" shall also in(
)oderal, State, and local laws, regulations,
e: to time and as set by any regulatory
al or other regulations which may govern
that it has not employed or retained any
working solely for CONTRACTOR, to
FOR has not paid or agreed to pay any
fee, commission, percentage, gift: or any
:he award or making of this Contract. it: is
lade brokerage fee, however denoted.
09/04/2003 15:36 FAX 305 460 5371 CITY OF CG FINANCE 4n027
SECTION .13. SEYERABILIT
The .nvalidity, illegality, or unenforceability of any provision of this Contract, or the
occurrence c' any event rendering any portion or prov s ion of this Contract void, shall in no way
affect the va'idity or enforceability of any other portion or provision of the Contract. Any void
provision sh al be deemed severed from the Contract and the balance of the Contract shall be
construed an :I enforced as if the Contract did not contn the particular portion or provision held
to be void. The parties further agree to reform the C cintract to replace any stricken provision.
The provisic:zs of this section shall not prevent the :.attire Contract from being void should a
provision wh ich is of the essence of the Contract be de :ermined to be void.
SECTION ;14.
ASSIGNMENT AND SUBLI;;'TTING
No a qsignment of this Contract or any right of c;urring under this Contract shall be !nude
in whole or i ► part by the CONTRACTOR without the express written consent of the CITY. The
CITY sha.kl have full discretion to approve or deny, wit h or without cause, any proposed or actual
assignment )y the CONTRACTOR. Any assignment of this Contract made by the
CONTRACTDR without the express written consent o 7 the CITY shall be null and void and shall
be ground's tor the CITY to declare a default of this Contract and immediately terminate this
Contract by :;lying written notice to the CONTRACT •:;R and upon the date of such notice, this
Contract sha I be deemed immediately terminated and upon such termination, all liability of the
CITY under :his Contract to the CONTRACTOR shall cease and the CITY shall have the right: to
call the pe: formance bond and shall be free to negotiate with other contractors, lihe
CONTRACT DR, or any other person or company fc r the service which is the subject of this
Contract. In :he event of any assignment, the assignee ::hall fully assume all the liabilities of the
CONTRA Cl DR,
SECTION : '5. ]MODIFICATION
This Contract constitutes the entire contract and understanding between the parties
hereto and s ..persedes all other negotiations, oral or otherwise, and it shall not be considered
modified, alt :red, changed or amended in any respect :t;tless in writing and signed by the parties
hereto.
SECTION : •6. REPEAL OF CONFLICTIN R ORDINANCES
A:il rrior Ordinances or parts of ordinance and all prior resolutions or parts of
resolution: i conflict herewith be and the same ar:: hereby repealed to the extent of such
conflict.
SECTION : 7. LEGAL REPRESENTATIO's
It is .icknowled,ged that each party was repress r►ted by counsel in the preparation of and
contributed e,lually to the terms and conditions of this Contract and, accordingly, the rule that a
contract steal be interpreted strictly against the party :veparing the same shall not apply herein
due to the ,joi it contributions of both parties.
00/04/2003 15:37 FAX 305 460 5371 CITY OF CG FINANCE 4 028
SECTION 18. CONTRACT CQNTINUII
In tl le event services are scheduled to end eitl'.r by contract expiration or by termination
by the C;IT t', it shall be incumbent upon the CC NTRACTOR to continue the service, if
requested bthe CITY, until new service can be comp etely operational.
SECTION .19. ANNEXATION: DEANNEJ;, TION
Within thirty (30) days following the date of passage of any action affecting; ,any
deannexa do i or annexation, the City Manager c r designated representative shall notify
CONTRAC OR of this action furnishing to the COI! TRACTOR a map of the affected area(s)
showing the new boundaries of the CITY and will be provided by Florida Statutes Section
171.062, as ,1tnended, car its successor.
SECTION 10. CHANGE OF LAW
The parties understand and agree that the Fior
comprehe,ns: ve changes in Solid Waste Management 1
in law in thi future, whether federal, state or local, v
for counties Pr municipalities may require changes or
obligations tinder this Contract. Nothing contained
perform any act or function contrary to law.
To t he extent that any law effective after tl
Contract is in conflict with, or requires changes in
exclusive rig its set out in this Contract, the parties agi
the resolutio ti of any such changes in this Contract as
c.a Legislature from time to time has :n;ade
:r,islation and that these and other changes
hich mandate certain actions or programs
i odifications in some terms, conditions or
r this Contract shall require any patty to
t opening and awarding of bids for this
the provisions of Collection Service or
:e to enter into good -faith negotiations for
:'esult of change in law.
SECTION 1.1. OTHER RATE ADJUSTMI CS
The CITY will strictly enforce all of the previsions of the Contract including peasi,lty
clauses fcir z :iy performance quality problems. The 1::ONTRACTOR shall not be allowed rate
increases on the bases that the CONTRACTOR bid tt a low or agreed to do the work for a low
bidder's pric;;. Non-performance of Contract or a reg7 io:st for a rate increase, either of which are
attributed to :he CONTRACTOR accepting the Contra at: award at an insufficiently low rate, shall
result in c,an' ellation of the Solid Waste And Recycling Collection Service Contract betwee:i the
CITY and th CONTRACTOR.
SECTION .12. CJTY EVENTS
COIN TRACTOR hereby agrees to contribute services to City of Coral Gables community
activities !Inc events. CITY and CONTRACTOR agree. to prepare, prior to October l annua;fey, a
list of Cl anticipated CITY supported events re hiring services of the CONTRACTOR.
CITY and Ct tNTRACTOR agree to coordinate the ser 'ice to be provided for each event.
09/04/2003 15:37 FAX 305 460 5371
CITY OF CG FINANCE 40029
SECTION , I3.
Pik)]
shall prel•:iar
adhere to al
revised, EIS r
of any one+
$5000.00 ft
deadline of
CONTRACT PREPARAU
to the commencement of the term of thi
for the collection services in the city in
aspects of their transition plan, as provid
ecessary by the CITY. In the event the (
f the task: outlined in the transition plan.
r each task deadline or transition plan
lore than two tasks may lead to loss of the
Franchise Contract, the CONTRACTOR
t responsible manner. The Contractor shall
I to the CITY by the CONTRACTOR., as
,ONTRACTOR fails to meet the deadlines
he CITY has the right to fine and colIlect
component missed. Failure to rneel: the
. .sxclusive Franchise Contract.
SECTION 64. EFFECTIVE DATE
Thi: Contract shall become effective Octobc r l', 2000 and the CONTRACTOR shall
begin Multi family Residential and Commercial Soli Waste Collection Services and Multi-
family Resi+ lential Recycling Collection Services, as c'rvered herein, as of this date.
II T 'WITNESS WHEREOF, the CITY and the CONTRACTOR have executed 'this
Contract on he respective date(s) below each signatur.r.
(SE ,k.L)
ATTEST:
(CC RPORATE Or,rH3ER
ATTEST':
BY: r<�
V r L. Paul
City
C TY CLERK
Auth:>rity of Resolution No.
2995't duly passed and adopted
by t le Coral Gables City
Comm:_ssion on June 5, 2000.
BY:
TITLE: / 5'R1'&" l J/4�liII e
(DISTRICT MANAGER')
City of Coral Gables
BY'
..i
:.C.Eads, Jr.
TITL City MAnagpr
CITY MANAGER
APIALO ED A ,. •RM:
.d �