HomeMy WebLinkAboutExhibit 3ADDENDUM TO
CITY OF MIAMI COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
THUNDER DEMOLITION, INC., a Florida Corporation
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. 2- Avenue, Suite 325,
Miami, Florida 33130 ("City'), and Thunder Demolition, Inc., a Florida corporation, qualified
and authorized to do business in the State of Florida (hereinafter referred to as "Franchisee"),
dated , 2007 (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 no 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
l 1:00 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 %2%) 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 Sections22-50(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 (1 %2 %) 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 .(3) The current garbage, trash and waste
disposal needs of the city, including, without limitation, population, demographic and geographic
needs."
2
11. Section 8.2 of the Agreement is completely excluded by Section 22-57 of the
Code.
12. Ratification. All other terms and provisions of the Agreement are unmodified and
remain in flail 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:
Name:
Title:
ATTEST:
Priscilla A. Thompson
City Clerk
FRANCHISEE:
Thunder Demolition, Inc.,
a Florida Corporation
By:
Name:
Title:
"CITY":
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Name: Pedro G. Hernandez
Title: City Manager
APPROVED AS TO FORM APPROVED AS TO INSURANCE:
AND CORRECTNESS:
Jorge L. Fernandez LeeAnn Brehm
City Attorney Risk Management Administrator
3