HomeMy WebLinkAboutExhibit 3APDEjsIDUM TO
CITY OF MIAMI COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMi
AND
1o__ca, Inc. aria Waste Ser-. ices, Inc
of
THIS ADDENDUM ("Addendum") is attached to and made a part of that certain
Commercial Solid Waste Franchise Agreement between the City of Miami, a municipal
corporation of the State of Florida, whose principal address is 444 S.W. lid Avenue, Suite
325, Miami, Horida 33130 ("City"), and Waste Services of Florida, Inc.
and its parent company Waste Services, Inc., each a Delaware Corporation,
qualified and authorized to do business in Florida (collectively hereinafter
referred to as "Franchisee"), dated . 2004 (the "Agreement")
WHEREAS, pursuant to Resolution No. 04-0496, adopted July 22, 2004, the City
Commission authorized the City Manager to execute franchise agreements with qualified
providers for Citywide commercial solid waste collection; and
WHEREAS, the franchise agreement with qualified providers was intended to be
contingent upon the City amending Chapter 22 of the City Code; and
WHEREAS, the applicable sections of Chapter 22 are in the process of being
amended; and
WHEREAS, the current provisions of Chapter 22 will continue to apply to each
franchise agreement until such time as the amendments adopted by the City Commission
become law;
NOW THEREFORE, in consideration of the mutual terms, conditions, promises
and covenants herein set forth and other good and valuable consideration, City and
Franchisee hereby agree to enter into this Addendum to the Agreement, as follows;
1. The following terms set forth below, shall remain in effect from October
1, 2004 until the first day of the month following the date in which the changes by the
City Commission to Chapter 22 of the Code regarding commercial solid waste collection,
become law. Thereafter, all sections amended herein; shall revert to the terms and
conditions as specified in the Agreement, and this Addendum shall r!C longer be in force
and effect.
2. Section 4.11 of the Agreement is modified and amended by Section 22-
46(b) of the Code to reflect the last hour Services can be provided by Franchisee as 10:00
p.m. rather than 11:00 pm.
3. Section 4.11 of the Agreement is modified and amended by Section 22-
47(6) of the Code to reflect the last hour Services can be provided by Franchisee as 10;00
p.m. rather than 11:00 pm.
4. Section 4.15 of the Agreement is modified and amended by Section 22-
47(3)c of the Code to include the schedule of rates of the company.
5. Section 5.2 of the Agreement is modified and amended by Section 22-
56(b) of the Code to decrease the franchise fee from twenty-two percent (22%) to twenty
percent (20%).
6. Section 5.2 of the Agreement is modified and amended by Section 22-
56(b) of the Code to replace a one and one-half percent (1 la%) penalty rate per month on.
the balance due with a one percent (1 %) per month interest rate on the outstanding
balance.
7. Sections 5.4, 5.5, 5.7, and 6.2 of the Agreement are completely excluded
by Chapter 22 of the Code.
8. Section 5.6 of the Agreement is modified and amended by Sections'22-
50(a) and (b) of the Code as follows: change the annual permit per account fee from
$50.00 to $ 100.00 for each account contracted; change the pass -through amount not to
exceed $24.00 of said permit per account fee to each contracted customer to an amount
not to exceed $48.00; include the deleted pro -ration amount of $8.33 per account per
month; include the deleted $50.00 fee payment for every 90-day period for each
container/roll-offs remaining on site; and delete the one and one-half percent (11/ %)
penalty per month on the permit per account fee balance due.
9. Section 7.2 of the Agreement is modified and amended by Section 22-
47(4)b of the Code to decrease the minimum amount of the performance bond from
$25,000 to $15,000.
10. Section 8.1 of the Agreement is modified and amended by Sections 22-
46(g) and 22-57(g) of the Code eliminating the one (1) three (3) year option to renew and
including the following language:
" the franchise shall be valid for a period of one year from date of issuance and, at
the expiration or earlier cancellation or revocation thereof, the director may choose to
accept applications for a new franchise conditioned and limited as noticed above or, in
the alternative, renew the permit issued for an additional one-year period. In deciding to
issue a new franchise and/or accepting applications from applicants for a franchise, the
director will consider the following factors: (1) The franchisee's full and faithful
compliance with the terms of this chapter; (2) The franchisee's and/or applicants who best
meet the qualifications established by this section for the issuance of the franchise; and
2
(3) The current garbage, trash and waste disposal needs of the city, including, without
limitation, population, demographic and geographic needs,"
11.
the Code.
Section 8,2 of the Agreement is completely excluded by Section 22-57 of
12. Ratification. All other terms and provisions of the Agreement are
unmodified and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized as of
2007
EXECUTED BY:
ATTEST:
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
ATTEST:
FRANCHISEE: Waste Services of Florida, Inc.
A Delaware Corporation
By:
Name:
Title:
FRANCHISEE: WASTE SERVICES, INC.
A Delaware Corporation
By:
Name:
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Name: Pedro G. Hernandez
Title: City Manager
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM APPROVED AS TO INSURANCE:
AND CORRECTNESS:
Jorge L. Fernandez
City Attorney
LeeAnn Brehm
Risk Management Director