HomeMy WebLinkAboutWaste Management ContractADDENDUM TO SOLID WASTE AND RECYCLING COLLECTION SERVICE
CONTRACT BETWEEN THE CITY OF CORAL GABLES AND WASTE
MANAGEMENT INC. OF FLORIDA
THIS ADDENDUM TO SOLID WASTE AND RECYCLING COLLECTION SERVICE
CONTRACT is made as of { A 2004 between the CITY of Coral Gables (CITY) and
Waste Management Inc. of Florida, (CONTRACTOR), as follows:
RECITALS
WHEREAS, the CITY, on June 5, 2000, entered into a Solid Waste and Recycling Collection
Service Contract (AGREEMENT) with the CONTRACTOR, for solid waste and recycling services
for the CITY for five years, under Resolution No. 29954, for a term commencing October 1, 2000
and .continuing for a five-year period ending on September 30, 2005, and
WHEREAS, Section 2, Option to Renew, of the AGREEMENT provides for an option to
renew by the CITY at its sole option, and to modify the Contract including new terms, provisions, or
conditions all allowed by prevailing law at the time of renewal, and
WHEREAS, the parties wish to extend the AGREEMENT for a five-year term upon the
initial terms of the AGREEMENT, except as modified herein as follows.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1- Option to Renew is modified to provide that the term is extended for a period' of five
years, ending on September 30, 2010.
2- SECTION 1. DEFINITIONS is modified to add the following; definition:
Multi -Family Residence shall mean Apartment Buildings, Duplexes, Condominiums,
and Mixed Uses that contain Residential Units.
3- SECTION 2. SERVICJS PROVIDED BY CONTRACTOR is modified by deleting
the first sentence of the paragraph entitled Exclusive Franchise Granted and replacing it
with the following:
The CONTRACTOR is herein granted an exclusive franchise to provide Residential
(excluding Single Family Residence) Solid Waste Collection Service, Residential
(excluding Single Family Residence) Recycling Collection Service and Commercial
Solid Waste Collection Service within the Service Area. By way of clarification,
CONTRACTOR'S exclusivity includes open -top and compactor Rolloff collection
but does not include rolloff containers used for construction and demolition debris.
The CONTRACTOR shall provide service to any residential customer identified by
the CITY and accepted by the CONTRACTOR. For purposes herein, town homes
shall be classified as singe family residential units.
4- SECTION 3 E 1 Conditions and Freouency of Service is modified by deleting the first
paragraph and replacing it with the following:
Commercial Solid Waste Collection Service in consolidated alleys shall be provided
daily or as deemed necessary and as determined between the CONTRACTOR and the
CITY, but such service shall be sufficient to meet the needs and requirements of the
commercial businesses that utilize designated disposal sites. CONTRACTOR is required
to pick-up any litter that is spilled by CONTRACTOR as well as trash that may have
been placed outside the container or compactor on site at the time of collection. In
addition, in consolidated alleys, CONTRACTOR is responsible for pressure cleaning all
designated disposal sites that are located in the CITY Business District three times per
week at no additional charge. The CONTRACTOR shall provide all containers or
compactors for designated disposal sites at no additional rental charges to commercial
businesses. CONTRACTOR is responsible for all the maintenance and replacement of all
containers and compactors in consolidated areas.
5- SECTION 3 II Manner of Cqllection is modified by deleting the first sentence and
replacing it with the following:
The CONTRACTOR shall provide Multi -family Residential Solid Waste Collection
Services and Commercial Solid Waste Collection services with as little disturbance as
possible and shall leave any Garbage Can in its proper location after collection.
6- SECTION 5C Franchise Fee is modified by deleting the paragraph and replacing same
with the following:
The CONTRACTOR shall pay to the CITY of Coral Gables, as and for a franchise fee, that
certain percentage of collected gross receipts from all exclusive services rendered to the
CITY (except for Commercial Recycling Collection) pursuant to this Contract within the
CITY of Coral Gables as set forth herein together with leasing and/or maintenance
agreements for solid waste convector equipment. Payment of franchise fees shall be made in
full monthly no later than the 25" of each month calculated on gross receipts collected
(excludingfranchise fees) from the previous month on all such accounts and accompanied by
the form included herein as Exhibit IX. This detailed report shall include the customer's
names, service addresses, account numbers, the service rendered and the actual amounts
collected from each customer. Roll -off waste gross receipts resulting from this franchise
should be itemized on the detailed monthly report and not combined with.roll-off
construction and demolition waste gross receipts. In the event that a franchise fee payment
is not received by the CITY on or before the due date set forth above, --or is underpaid, the
CONTRACTOR shall be charged interest from the due date at a rate of 1.5% for each month
or part thereof, of the amount of the unpaid or underpaid franchise fee payment, including
previous interest charges, if any, or the maximum allowed under Florida law, whichever is.
greater.
CONTRACTOR shall pass through franchise fees to its customers; it is not intended that
CONTRACTOR's compensation shall be reduced due to payment of franchise fees.
Franchise fees are as follows:
Through September 30, 2005 12%
October 1, 2005 - September 30, 2006 for low density residential only 15%
January 1, 2006 — September 30, 2006 for commercial, high density
residential, and exclusive municipal solid waste rolloff and rolloff
compactors 15%
October 1, 2006 --September 30, 2007 15%
October 1, 2007 — September 30, 2009 17%
October 1, 2009 — September 30, 2010 18%
7- SECTION 5 D Delinquent Accounts is modified by deleting the last sentence of the
first paragraph and replacing it with the following:
CITY will pay CONTRACTOR on a quarterly basis an amount equal to eighty-five
(85%) percent of all delinquent accounts.
8- SECTION 6 B 1 4dlustments to Other Costs is modified by deleting the paragraph and
replacing it with the following
1. Consumer Price Index (CPI). During the fast year of the initial term (i.e. October
1", M00 — September 30th, 2001) CONTRACTOR will have zero cost of living
increase. Thereafter, the rate for each subsequent annual period of October 1"
through September 30th shall be adjusted to reflect the increase or decrease in the
CPI for the immediately preceding twelve (12) month period of duly to July. The
parties shall use the CPI for South Urban Consumers of the United States for all
items as the same is published by the US Bureau of Labor Statistics.
9- SECTION 15A. OUALITY OF PERFORMANCE OF CONTRACTOR is modified
by deleting the first paragraph and replacing it with the following: •
A. The CONTRACTOR's performance of this contract shall be supervised
by. the CITY Manager, or designee. It is the intent of the CITY to ensure that the
CONTRACTOR provides a quality level of service.. To this end, all complaints
shall be promptly resolved pursuant to the provisions of Section 13 of this
Contract. Complaints shall not include customer information requests or
Container requests. It shall be the duty of the CONTRACTOR to take reasonable
steps that may be necessary to address the complaint. Failure to address the
complaint and cure or otherwise resolve the matter within 24 hours or as
otherwise set forth in this Contract, may result in an administrative cost being
assessed against the CONTRACTOR. In assessing administrative .costs,
consideration will be given to extreme weather conditions and other conditions
outside the CONTRACTOR's control. Administrative costs may be assessed on
a per -incident, per -day basis. For other contract infractions not listed in this
Section, administrative costs may be assessed on a per incident, per day basis.
C. Apnual Report . Within six (6) months of the close of its Fiscal Year, the
CONTRACTOR shall file an annual report with the City Manager. The report shall be
specific as to the extent of operations in the City of Coral Gables and shall be sufficient in
scope to allow independent ascertainment of the CONTRACTOR's compliance with the
franchise fee requirements of this Contract.. All reports shall be prepared in accordance with
Generally Accepted Accounting Principles (GAAP).
11- SECTION 45 is added as follows:
. Price Comparison. During the term of this Agreement should CONTRACTOR enter
into a new (not a renewal or extension) solid waste agreement in any other municipality
within Miami -Dade County or Broward County that is for . exclusive commercial
collection service (without residential collection service) and without exclusivity for
construction and demolition debris rolloff collection at rates lower than those then
currently charged to the CITY of Coral Gables then the CITY shall have the right, but not'
the obligation, to notify CONTRACTOR that the CITY reasonably believes that rates as
adjusted violate this provision, the CITY shall notify the CONTRACTOR of such belief
and shall provide to CONTRACTOR corroborating documentation. The notice shall
provide for a ninety (90) day negotiation period for the parties to agree upon the
appropriate adjustments to rates and other matters. The CITY and CONTRACTOR
shall confer in an attempt to resolve the issues raised by the CITY's notice. If, alter good
faith negotiations, the parties are unable to reach agreement, any controversy or claim
arising out of or relating to this Contract shall be settled by arbitration in accordance with
the rules of the American Arbitration Association and judgment upon the award rendered
by the arbitrators may be entered in any court having jurisdiction thereof. Such
controversy or claim shall be submitted to arbitrators selected from the National Panel of
The American Arbitration Association.
12 - SECTION 46 is added as follows:
Contribution to Street Sweeping Program. CONTRACTOR shall make an annual
contribution toward the CITY's street sweeping program of S31,600.00. The first
contribution shall be 60 days from thedate this Addendum is fully executed by each of
the CITY and CONTRACTOR. The CITY shall recognize the CONTRACTOR'S
contribution in an appropriate manner as determined by the CITY.
13-'
SECTION 47 is added as follows:
On October I of each year CONTRACTOR shall provide each of its customers with a
current Waste Management of Dade County Rate Structure for Coral Gables (Exhibit
XII).
14- Exhibit X is modified by deleting the first paragraph and replacing it as follows:
At the C1TY's option, CONTRACTOR shall provide yard waste processing/disposal
services at its Hialeah Recycling Facility located at 5000 NW 37 Avenue, Hialeah,
Florida and/or at its Medley Landfill located at 9350 NW 89" Avenue, Medley, FL 33178
(each a "Facility"). The CITY shall deliver such yard waste to either or both Facilities but
shall have no obligation to deliver a minimum quantity.
15- Exhibit XI (attached) is added providing the rate structure for all services provided by
CONTRACTOR, except compactor leasing, rental and maintenance, and commercial
recycling. Exhibits II — VIII set forth in the Sept be 2000Solid Waste and Recycling
Collection Service Contract are replaced by Exlybit d January 1, 2006.
NOW, THEREFORE, in consideration of the premises d mutual covenants herein
contained, the CITY agrees to continue to retain the CONTRACTOR for an additional five year
term, through September 30, 2010, and the CONTRACTOR agrees to continue to perform all
services for the CITY as described in the AGREEMENT, as modified herein. All other terms and
conditions of the AGREEMENT remain unchanged.
IN WITNESS WHEREOF, the parties have executed this Addendum to Solid Waste and
Recycling Collection Service Contract as of the day and year first above written.
CITY OF CORAL GABLES
David L. Bro
, CITY Manager
Approved as to form:
M. Hernandez, CITY Attorney