HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-04-0496
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.nniamigov.com
File Number: 04-00792 Final Action Date: 7/22/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE DIRECTOR OF THE DEPARTMENT OF SOLID WASTE'S
SELECTION OF THE QUALIFIED FIRMS TO PROVIDE COMMERCIAL SOLID
WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI, AS LISTED ON
"EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY
MANAGER TO EXECUTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE QUALIFIED PROVIDERS, FOR SAID SERVICES.
WHEREAS, pursuant to Motion 99-397 and Motion 99-398, adopted June 8, 1999, the City
Commission accepted the Administration's recommendations in connection with the issuance of
franchise agreements for Citywide commercial solid waste collection and disposal services and
directed the City Manager to prepare a Request for Qualifications ("RFQ") for said services; and
WHEREAS, pursuant to Resolution No. 99-553, adopted July 27,1999, the City Commission
authorized and directed the City Manager to issue the RFQ for the provision of solid waste hauling
and disposal services and directed the City Manager to instruct the Director of the Department of
Solid Waste to evaluate said responses and determine the qualified providers; and
WHEREAS, pursuant to Resolution No. 99-720, adopted September 28, 1999, the City
Commission approved nineteen (19) qualified providers that responded to said RFQ; and
WHEREAS, this selection was contingent upon the City of Miami ("City") amending its code for
the granting of franchises for commercial solid waste collection for a five-year contract period; and
WHEREAS, a new Franchise Agreement period will commence October 1, 2004, for solid waste
collection and disposal services; and
WHEREAS, RFQ No. 03-04-107 was issued to establish the new terms contracts for the provision
of solid waste hauling and disposal services; and
WHEREAS, the Director of the Department of Solid Waste established an Evaluation Committee
which met and evaluated the proposals received based on the qualification criteria established within
the RFQ: and
WHEREAS, twenty-five (25) proposals have been deemed qualified and placed on the
Pre -Qualified Bidder's List, attached and incorporated as "Exhibit A;"
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
City of Miami Page I of 2 File Id 04-00792 (Version: 2) Printed On: 3/28/2014
File Number: 04-00792 Enactment Number: R-04-0496
Section 2. The selection by the Director of the Department of Solid Waste, of the qualified firms to
provide commercial solid waste hauling services within the City as listed on "Exhibit A," attached and
incorporated, is approved.
Section 3. The City Manager is authorized{1} to execute Franchise Agreements, in substantially
the attached form, with the qualified providers for said services.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1 } The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-00792 (Version: 2) Printed On: 3/28/2014
EXHIBIT "A"
COMMERCIAL WASTE HAULING SERVICES
REQUEST FOR QUALIFICATIONS NO. 03-04-107
Qualified Responses Disqualified Responses
Pronto Waste Services, Inc. Jones Motors of Miami, Inc.
T & S Limited, Inc. dba Roll -Off Solutions
J & M Scaffolds of Florida
All Service Miami
General Hauling Services
DisposAll of South FLA, Inc.
Waste Services, USA
Reliable Waste Services, Inc.
J.A.A. Industrial Waste, Inc.
Mac Pac Waste & Recycling Services
Public Waste Services
Loprefa Corporation
Bicon, Inc. dba S&S National Waste
AES Portable Sanitation, Inc.
C&C Waste Removal, Inc.
Simco Recycling Corporation
World Waste Services
Wasteco, Inc.
BFI Waste Systems of North America, Inc.
Choice Environmental Services of Miami, Inc.
Waste Management Inc. of Florida dba Waste Management of Dade County
Eastern Waste Systems, Inc.
LB Demolition & Recycling, Inc.
Southern Waste Systems
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CITY OF MIAMI
COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
THIS AGREEMENT ("AGREEMENT"), made and entered into this day
of , 2004 by and between the City of Miami, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, (hereinafter referred to as
"CITY") and , Inc. a
corporation, qualified and authorized to do business in the State of Florida, (hereinafter
referred to as "FRANCHISEE").
WITNESSETH:
WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the
Miami City Commission which amended Chapter 22, entitled Garbage and Other Solid
Waste, of the City Code to replace regulatory permits for providing Commercial Solid
Waste Services with commercial Franchises to qualified firms; and
WHEREAS, the City Commission has determined that it is in the best interest of
the CITY to issue a commercial Franchise to FRANCHISEE to engage in Commercial
Waste Collection Services within the CITY; and
WHEREAS, the City Manager has determined that FRANCHISEE is qualified to
serve in the aforesaid capacity in that it has met the specifications set forth in Request for
Qualifications No. 03-04-107 and applicable sections of the Code and Ordinances of the
CITY; and
WHEREAS, FRANCHISEE is desirous of obtaining a Franchise from the CITY
to provide Commercial Solid Waste Collection Services within the CITY as set forth
herein; and
WHEREAS, the CITY believes that the Franchising of the Commercial Solid
Waste Services is in the CITY'S best interest and will result in significant cost savings,
additional revenues and better services for commercial solid waste customers; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises
and covenants herein set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to
enter into this AGREEMENT for furnishing Commercial Solid Waste Collection
Services within the CITY, as follows:
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ARTICLE I
GENERAL INFORMATION
1.1 Each "WHEREAS" clause set forth above is true and correct and herein
incorporated by this reference.
1.2 The ATTESTATION OF QUALIFICATIONS for Commercial Waste
Hauling Services, submitted in response to RFQ NO. 03-04-107 by
FRANCHISEE is herein incorporated by this reference.
ARTICLE II
DEFINITIONS
2.1 All Definitions set forth in the City of Miami Code, Chapter 22, entitled Garbage
and Other Solid Waste and Chapter 22 in its entirety, is hereby incorporated by
this reference.
2.2 As used in this AGREEMENT, the following words and terms shall have the
following meanings, unless the context clearly otherwise requires:
Agreement shall mean this AGREEMENT, as it may hereinafter be amended or
supplemented.
Agreement Collection Area shall include the entire CITY, as the boundaries of
the CITY shall exist at all times during the life of this AGREEMENT.
Commercial Business shall mean and include all retail, professional, wholesale,
and industrial facilities and any other commercial enterprises, for profit or not for
profit, offering goods or services to the public.
Gross Receipts shall mean all monies, whether paid by cash, check, debit or
credit, collected from customers for garbage, solid waste, fuel surcharge,
construction and demolition debris, roofing materials, trash, litter, refuse and/or
rubbish collection removal and disposal services rendered, or from any other
source related directly from waste collection services by the FRANCHISEE,
exclusive of taxes as provided by law, whether wholly or partially collected
within the CITY, less bad debts.
Multifamily Residence shall mean and include any building or structure
containing four or more contiguous living units and intended exclusively for
residential purposes.
Neighborhood Cleanups shall mean periodic intensive removal of litter, debris
and other solid waste material from a designated area of the City, initiated or
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approved by the City, its NET offices and/or recognized community based
organizations or associations including special event activities citywide.
Permit Per Account Fee shall mean the annual charge assessed by the City each
October 1, to FRANCHISEE, for every account with whom they contract for the
provision of commercial solid waste services.
Recycling shall mean any process by which solid waste, or materials which
would otherwise become solid waste, are collected, separated, or processed and
reused or retuned to use in the form of raw materials or products. Ref. - Florida
Statutes, Chapter 403, Environmental Control Part IV - Resource Recovery and
Management, as may be amended from time to time.
ARTICLE III
GRAIIT
3.1 The CITY grants unto the FRANCHISEE the continued right and privilege, with
related obligations, to provide commercial solid waste services in, under, upon,
over and across the present and future streets, alleys, bridges, easements, public
rights -of -way and other public places within the CITY boundaries, present and
future, for contracted multifamily, commercial business, governmental, religious,
educational, profit and non-profit agencies and/or property owners for solid waste
collection and disposal services.
3.2 The CITY further grants unto the FRANCHISEE the right and privilege, with
related obligations, to provide solid waste collection and disposal services for
construction, demolition and renovation sites located within the CITY on a
contracted basis.
ARTICLE IV
OBLIGATIONS OF FRANCHISEE
4.1 FRANCHISEE shall be responsible for the collection and disposal of all
Commercial Solid Waste. Extra -ordinary material, Hazardous Waste,
unacceptable waste, body waste, dead animals, abandoned vehicles and parts,
large equipment and parts thereto will not be collected by FRANCHISEE unless
specifically required by the generator and agreed to by the FRANCHISEE.
4.2 FRANCHISEE shall make collection with as little disturbance as possible.
Refuse containers shall be thoroughly emptied and maintained in a clean manner.
Any refuse spilled by the FRANCHISEE shall be picked up immediately by the
FRANCHISEE. The removal of all refuse within 10 ft. of container will be the
responsibility of the FRANCHISEE. The FRANCHISEE will be held responsible
for keeping the 10 ft. radius surrounding containers clean and free of waste and
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debris. Service minimums for multi -family dwellings shall be as follows: 1-8
Units — 2 CY @ 2 x per week; 9-16 Units - 4 CY @ 2 x per week; 17-32 Units — 6
CY @ 3 x per week; 33-48 Units — 8 CY @ 3 x per week.
4.3 FRANCHISEE agrees that all containers shall be identified with its name and
telephone number and be sufficient in quantity and size to contain material as
indicated in the City Code. All containers serviced by FRANCHISEE shall be
maintained in a clean and serviceable manner at all times. At no time shall any of
FRANCHISEE'S containers be left on the public right-of-way. The City, in its
discretion, may require an adjustment in the location, pick up schedule or the size
of the container(s) if they become an unsightly nuisance, cause a civil violation to
occur, pose a threat to the surrounding environment, threaten the health and/or
safety of the CITY's population or become unsanitary and/or inoperable.
4.4 FRANCHISEE shall be responsible for creating and maintaining schedules and
routes, as well as, frequency of service within the limitations and under the
provisions of the City Code. FRANCHISEE shall be responsible for providing
notification of same to its customers immediately.
4.5 In cases of natural or man made disasters, the City Manager may grant the
FRANCHISEE reasonable variance from regular schedules and routes. As soon
as a declaration of an emergency is issued by the Mayor, FRANCHISEE shall
secure its containers in order to prevent hazards and/or threats to public safety and
health. As soon as practicable after such disaster, the FRANCHISEE shall advise
the CITY and its customers of the estimated time required before regular
schedules and routes can be resumed.
4.6 FRANCHISEE shall make its customers aware of Miami -Dade County's
mandatory Commercial and Multi -family Residence recycling ordinance and shall
make services available for contract.
4.7 FRANCHISEE agrees to collect and dispose of the solid waste at designated
CITY buildings and properties, free of charge, pursuant to the City Code, as
assigned by the Director of the Department of Solid Waste. In -kind service
assignments will be made proportionate to FRANCHISEE'S percentage of total
contracted commercial accounts in the CITY.
4.8 FRANCHISEE agrees to collect and dispose of waste generated at assigned
Neighborhood Cleanups in proportion to the FRANCHISEE'S percentage of the
total franchise fees paid to the CITY. Such assignments are to be established by
the Director of the Department of Solid Waste.
4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts
bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a
valid Commercial Driver's License, for the type of vehicle being operated; that
the CITY may request the removal of any employee of the FRANCHISEE from
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City service who is wanton, negligent, or discourteous in the performance of
his/her duties; and that no person shall be denied employment by the
FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion.
4.10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT
to pay all employees not less that the Federal minimum wage and to abide by
other requirements as established by the Congress of the United States in the Fair
Labor Standards Act, as amended and changed from time to time and to comply
with all applicable laws relating to the employment of employees and the
provision of commercial solid waste services. The FRANCHISEE shall have on
hand at all times, in good working order, such equipment as shall permit the
FRANCHISEE, adequately and efficiently, to perform its duties hereunder.
FRANCHISEE shall have available at all times, reserve equipment which can be
put into service and operation within two hours of any breakdown.
4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 of the
City Code which limits private waste collection service to accounts located within
100 feet of a residential district to between the hours of 7:00 a.m. and 11:00 p.m.,
except and only as determined by the Director of the Department of Solid Waste.
Each Fiscal Year, the fines assessed for noncompliance of this section will be as
follows:
1st Offense:
2nd Offense:
3rd Offense:
Each additional offense:
$ 250.00
$ 500.00
$1,000.00
$1,000,00
4.12 FRANCHISEE is required, pursuant to Section 22-2 of the City Code to notify the
Department of Solid Waste, at least seven business days prior, of accounts for
which it will discontinue service.
4.13 FRANCHISEE acknowledges that under this Agreement, price controls will be
primarily extracted through competition amongst the Franchise companies for
existing and future accounts. FRANCHISEE further acknowledges that any
increase in pricing by the FRANCHISEE could result in the customer seeking
better pricing from another FRANCHISEE. Therefore, FRANCHISEE agrees
that none of the requirements under any of the articles of this Agreement except
and to the extent as set forth in paragraph 5.6 below, shall result in an increase of
pricing to the customer. The FRANCHISEE may, however, increase service
charges as a result of increases in operating costs such as tipping fees, labor and
other related operating costs.
4.14 ALL equipment utilized to collect and transport solid waste in the City must be
conspicuously marked on both sides of the automotive unit with the name of the
hauler, vehicle number, tare weight and cubic yard capacity. Identification
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information must also be marked on all trailer and container units. All markings
must be in letters and numerals at least two inches in height.
4.15 At least annually (October 1) but not more frequently than quarterly, as
determined by the Director of the Department of Solid Waste, each
FRANCHISEE shall supply the following information on a diskette or other
acceptable format and in the manner prescribed by the Director:
A listing, as of the reporting date, of the names and addresses of
customers, and the addresses of each location served.
The number and capacity of each dumpster and compactor per
account.
The list of accounts within the City for which hand collection of
bags/cans is provided.
ARTICLE V
FRANCHISE FEES
5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in
Chapter 22 of the City Code, ARTICLE II -DEFINITIONS of the Franchise
Agreement and the Franchise Agreement in its entirety, within specified time
frames.
5.2 FRANCHISEE agrees to remit monthly to the CITY, 22 percent (22%) of its
Gross Receipts, generated from accounts within the City limits, or $500.00,
whichever is greater. Accompanying the remittance, FRANCHISEE must
provide the CITY with a list of the customers' names, addresses and total amount
collected. FRANCHISEE agrees to maintain a second list which reflects
individual account charges which must be retained for a period of 60 months from
the end of the Agreement and made available at all times to CITY auditors.
Twenty-two percent (22%) of the total amount collected should equal the
remittance amount: The remittance of the previous month's collection should be
received by the CITY on or before the last day of each month. Failure to remit by
the last day of the following month will cause the FRANCHISEE a one and one
half percent (1-1/2%) penalty per month on the balance due. If payment is past
due in excess of 60 days, the Department of Solid Waste will initiate its procedure
to revoke the FRANCHISE and attach the Performance Bond for all monies due
and owing the City, including costs. It should be noted, the 22% remitted
monthly to the City, should be calculated on all monthly gross receipts collected
from the customers, exclusive of taxes and the franchise fees.
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5.3 FRANCHISEE shall, on or before 60 days following the close of each fiscal year,
deliver to the Director of the Department of Solid Waste, a statement of its annual
gross receipts generated from accounts within the City prepared by an
independent Certified Public Accountant reflecting gross receipts within the City
for the preceding fiscal year.
5.4 In addition to the fees enumerated in paragraph 5.2 and 5.6, FRANCHISEE
agrees to remit to the CITY annually (due October 1) the sum of $5,000.00
(increased annually by $500.00) for the right to be a FRANCHISEE for
Commercial Solid Waste Services and Specialized Waste Handling Services
within the City. Failure to remit the required annual franchise fee by the due date
will cause the FRANCHISEE a one and one half percent (1-1/2%) penalty per
month on the balance due.
5.5 FRANCHISEE agrees to remit the $5,000.00 annual franchise fee by October 1,
2004, as noted in paragraph 5.4 above. FRANCHISEE further agrees on each
anniversary (October 1) throughout the term of the Franchise Agreement, to
increase said fee by $500.00. For example; commencing October 1, 2005, the
annual fee due the City will be $5,500.00, and so forth throughout the Agreement
term.
5.6 FRANCHISEE agrees to remit to the City annually (October 15) a Permit Per
Account Fee in the amount of $50.00 for each account contracted within the City
for commercial solid waste service and/or specialized waste handling services,
including, each container and/or roll -off utilized by FRANCHISEE in the course
of the provision of solid waste services. The FRANCHISEE may only pass on an
amount not to exceed $24.00 of said Permit Per Account Fee to each contracted
customer. This fee shall not be transferable. All late payments of this fee will
cause the FRANCHISEE a one and one half percent (1-1/2%) penalty per month
on the balance due.
5.7 In addition to the fees enumerated in paragraph 5.2 and 5.6, FRANCHISEE
agrees to remit to the City annually (due October 1) the sum of $1,000.00 for the
right to provide only Specialized Waste Handling Services within the City limits.
It should be noted, if a FRANCHISEE is providing only Specialized Waste
Handling Services within the City, the annual franchise fee will increase by
$500.00 per year. For example; commencing October 1, 2005, the annual
franchise fee for Specialized Waste Handling Services due the City will be
$1,500.00, and so forth throughout the Agreement term. All late payments of this
fee will cause the FRANCHISEE a one and one half percent (1-1/2%) penalty per
month on the balance due.
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ARTICLE VI
AUDIT AND INSPECTION RIGHTS
6.1 The CITY may, at reasonable times, and for a period of up to five (5) years
following the date of final payment by the FRANCHISEE to CITY under this
Agreement, audit, or cause to be audited, those books and records of
FRANCHISEE which are related to FRANCHISEE'S performance under this
Agreement. FRANCHISEE agrees to maintain all such books and records at its
principal place of business for a period of' five (5) years after final payment is
made under this AGREEMENT.
6.2 The CITY may, at reasonable times during the term hereof, inspect
FRANCHISEE'S facilities and perform such test, as the CITY deems reasonably
necessary, to determine whether the goods or services required to be provided by
FRANCHISEE under this AGREEMENT conform to the terms hereof, if
applicable. FRANCHISEE shall make available to the CITY reasonable facilities
and render assistance to facilitate the performance of all tests and/or inspections
by CITY representatives. All tests and inspections shall be subject to, and made
in accordance with, the provisions of Sections 18-95, 18-96 and 18-97, of the City
Code, as same may be amended or supplemented, from time to time.
FRANCHISEE also agrees to allow City auditors, during regular business hours
and after reasonable notice, to audit, inspect and examine the FRANCHISEE'S
financial records (as they relate to City of Miami revenue) including all fiscal
books and records, sales tax returns, bank statements, general ledger (vouching
City of Miami revenue to the G/L), contract/agreement between FRANCHISEE
and customer and any other financial information deemed necessary, insofar as
they relate to City accounts, as well as, the FRANCHISEE'S entire customer
base, in order to confirm the FRANCHISEE'S compliance with the Franchise
Agreement. FRANCHISEE further agrees to pay a one and one half percent (1-
1/2%) penalty per month on any monies due and owing the CITY, as a direct
result of an audit from whatever applicable revenue stream during the Agreement
term. In addition, if a City Audit reveals that FRANCHISEE under reported gross
receipts, and results in additional revenue due the City in the amount of
$20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay for the cost of
said Audit. Upon audit notification, FRANCHISEE agrees to deliver all financial
information and books and records to within the City limits, if said information is
maintained outside the City boundaries.
6.3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial
related source documents when deemed necessary, to substantiate an audit
finding.
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ARTICLE VII
INSURANCE AND BONDS
7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public
liability policy in the minimum amount of $1,000,000; automobile liability
insurance policy covering FRANCHISEE'S operations with a combine single
limit of $1,000,000 per occurrence for bodily injury and property damage
liability. FRANCHISEE'S certificate shall also include workers' compensation
coverage.
7.2 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a
Performance Bond, executed by a surety company duly authorized to do business
in the State of Florida, which shall be counter -signed by an agent for the
company, resident in the State of Florida. The amount of the bond shall be equal
to the FRANCHISEE'S previous 12 month franchise fees paid to the CITY
(including the annual franchise fee, monthly 22% franchise fee, annual per
account fee, and any other franchise fees paid to the City) or a minimum of
$25,000, whichever is greater, as security for the faithful performance of the
Franchise AGREEMENT. The surety shall have a rating classification of "A"
and a financial category of Class VII as evaluated in the current Best's Key
Rating Guide, Property Liability. In lieu of a Performance Bond, the
FRANCHISEE may submit an irrevocable letter of credit, cash, certified check,
treasurer's or cashier's check issued by a responsible bank or trust company
payable to the CITY of Miami. The Performance Bond shall be submitted to the
Purchasing Department no later than ten (10) business days after approval of the
Agreement by the City Commission and prior to the execution of the Agreement.
The Performance Bond may be reduced, at the City's discretion, 25% per year to
a maximum of 50%, if payments due the City were remitted timely during the
previous 12 month period. It should be noted the bond reduction may not fall
below the $25,000.00 minimum limit, throughout the term of the Agreement.
ARTICLE VIII
TERM
8.1 The term of the Agreement shall be for a period of five (5) years with one (1)
three (3) year option to renew. The Agreement shall commence October 1, 2004,
and shall terminate on September 30, 2009, with the three (3) year option period
through September 30, 2012. The AGREEMENT shall become effective upon
execution by the parties hereto.
8.2 The option to renew the Agreement for the additional three (3) year period will be
at the sole discretion of the City. Various criteria will be established prior to the
renewal period. During the review process for renewal, the established criteria
will be used in order to ascertain how well each FRANCHISEE performed since
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the inception of the October 1, 2004, Agreement. It should be noted that any
FRANCHISEE that is not renewed for the three (3) year option period, will not be
allowed to operate within the City limits during the three (3) year period.
ARTICLE IX
DEFAULT
9.1 If FRANCHISEE fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then FRANCHISEE shall be
in default. Upon the occurrence of a default hereunder, the CITY, in addition to
all remedies available to it by law, may immediately, upon written notice to
FRANCHISEE, terminate this Agreement. FRANCHISEE understands and
agrees that termination of this Agreement under this section shall not release
FRANCHISEE from any obligation accruing prior to the effective date of
termination. Should FRANCHISEE be unable or unwilling to commence to
perform the Services within the time provided or contemplated herein, then, in
addition to the foregoing, FRANCHISEE shall be liable to the CITY for all
expenses incurred by the CITY in preparation and negotiation of this Agreement,
as well as, all costs and expenses incurred by the City in the re -procurement of the
Services, including consequential and incidental damages.
9.2 If a default status is not cured and the Agreement is terminated, the City has the
right to seize the Franchise and transfer it to a third party.
ARTICLE X
RIGHT TO TERMINATE AND/OR TRANSFER AGREEMENT
10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole
discretion, at any time after the CITY gives written notice to the FRANCHISEE
of a default of any of the provisions in this Agreement and the FRANCHISEE
fails to correct the default or cease the conduct as set forth in the written notice,
within fourteen (14) working days of the receipt by the FRANCHISEE of said
notice from the CITY.
10.2 If the Franchisee is in default and owes sums to the City, 14 days after notice of
default has been sent to FRANCHISEE, the City will have the option of
transferring the rights under that FRANCHISEE'S AGREEMENT to a third
party. That right to transfer the rights under that FRANCHISEE'S
AGREEMENT may be exercised at any time after the termination of the
FRANCHISEE and no intent to later transfer those rights need be expressed in
any notice or other communication with FRANCHISEE.
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10.3 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the
City Manager in accordance with the same time period as set forth in Section 22-
49 of the City Code. Said request for appeal must be in writing,
10.4 All complaints received by the CITY shall be resolved by the FRANCHISEE
within 24 hours. The FRANCHISEE agrees to make all reasonable and
expeditious efforts to resolve every complaint. The FRANCHISEE shall perform
every reasonable act to provide a level of high quality service which will
minimize complaints.
10.5 It is expressly agreed that in no event shall the CITY be liable or responsible to
the FRANCHISEE or its customers for delay or temporary interruption in service
because of disputes between the parties or any cause over which the CITY has no
control. In the event of any condition which makes performance of contracts
entered into under the terms and conditions of this AGREEMENT impossible,
FRANCHISEE agrees that the CITY shall have the right to notify other
Franchisees to invite other Franchisees of the opportunity to provide collection
and disposal services.
ARTICLE XI
NOTICES
11.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent certified U.S. Mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified and the place for
giving of notice in compliance with the provisions of this paragraph.
11.2 For the present, the parties designate the following as the respective places for
giving of notice, to -wit:
CITY of MIAMI
c/o City Manager
3500 Pan American Drive
Miami, Florida, 33133
ARTICLE XII
INDEMNIFICATION
FRANCHISEE
12.1 FRANCHISEE shall indemnify, defend and hold harmless the CITY and its
officials, employees and agents (collectively referred to as "Indemnities") and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney's fees) or liabilities (collectively referred to as
"Liabilities") by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
11
DRAFT 6/1/04
with (i) the performance or non-performance of the services contemplated by this
AGREEMENT which is or is alleged to be directly or indirectly caused, in whole
or in part, by any act, omission, default or negligence (whether active or passive)
of FRANCHISEE or its employees, agents or subcontractors (collectively referred
to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in
whole or part (whether joint, concurrent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnities, or any of
them or (ii) the failure of the FRANCHISEE to comply with any of the
paragraphs herein or the failure of the FRANCHISEE to conform to statutes,
ordinances, or other regulations or requirements of any governmental authority,
Federal or State, in connection with the performance of this Agreement.
FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnities,
or any of them, from and against all liabilities which may be asserted by an
employee or former employee of FRANCHISEE, or any of its subcontractors, as
provided above, for which the FRANCHISEE'S liability to such employee or
former employee would otherwise be limited to payments under State Workers'
Compensation or similar laws.
ARTICLE XIII
ASSIGNABILITY
13.1 There is no right to assign this Agreement. The City Commission may allow an
assignment if it is deemed in the best interests of the City of Miami ("City") to do
so. Under no circumstances may the City Commission consider assignment of a
Franchise as long as the FRANCHISEE has any outstanding balance to the City
or is otherwise not in complete compliance with the Agreement. If the
FRANCHISEE is up to date with all payments to the City and is otherwise fully
in compliance with the Agreement, then a FRANCHISEE may request
consideration for assignment only as follows: by Certified letter to the Director of
the Department of Solid Waste with reports enclosed reflecting all payments due
to the City have been paid through the date of the letter. For the purposes of this
paragraph, "assignment" shall include any transfer of a majority of stock in a
FRANCHISEE or any significant change in ownership of the FRANCHISEE, its
officers, directors or personnel. The Director of the Department of Solid Waste
must be notified of any sale of a majority of stock in the FRANCHISEE and any
significant changes in the ownership of the FRANCHISEE, its officers, directors
or personnel by Certified letter no later than five (5) business days after such
action. If assignment is granted, the new FRANCHISEE will assume all
obligations set forth in the Agreement and immediately comply with all terms of
the Agreement.
13.2 This AGREEMENT shall be binding upon the parties hereto, their heirs,
executors, legal representatives, successors, or assigns.
12
DRAFT 6/1/04
ARTICLE XIV
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
14.1 FRANCHISEE understands that agreements between private entities and local
governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, record keeping, etc. City and
FRANCHISEE agree to comply with and observe all applicable Federal, State and
local laws, rules, regulations, Codes and Ordinances, as they may be amended
from time to time.
ARTICLE XV
NONDISCRIMINATION
15.1 FRANCHISEE represents and warrants to the City that FRANCHISEE does not
and will not engage in discriminatory practices and that there shall be no
discrimination in connection with FRANCHISEE'S performance under this
Agreement on account of race, color, sex, religion, age, handicap, marital status or
national origin. FRANCHISEE further covenants that no otherwise qualified
individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this
Agreement.
ARTICLE XVI
MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM
16.1 The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume
of City procurement and contracts with Blacks, Hispanic and Women -owned
business. The M/WBE Program is found in Ordinance No. 10062, a copy of
which has been delivered to, and receipt of which is hereby acknowledged by,
FRANCHISEE. FRANCHISEE understands and agrees that the City shall have
the right to terminate and cancel this Agreement, without notice or penalty to the
City, and to eliminate FRANCHISEE from consideration and participation in
future City contracts if FRANCHISEE, in the preparation and/or submission of
the Proposal, submitted false or misleading information as to its status as Black,
Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
13
DRAFT 6/1/04
ARTICLE XVII
INDEPENDENT CONTRACTOR
17.1 FRANCHISEE is being engaged as an independent contractor, and not as an
agent or employee of the City. Accordingly, FRANCHISEE shall not attain, nor
be entitled to, any rights or benefits under the Civil Service or Pension Ordinances
of the City, nor any rights generally afforded classified or unclassified employees.
FRANCHISEE further understands that Florida Workers' Compensation benefits
available to employees of the City are not available to FRANCHISEE, and agrees
to provide workers' compensation insurance for any employee or agent of
FRANCHISEE.
ARTICLE XVIII
GOVERNING LAW
18.1 This Agreement shall be governed by the laws of the Federal Government, State
of Florida, Miami -Dade County and the Codes and Ordinances of the City of
Miami.
ARTICLE XIX
SEVERABILITY
19.1 Should any section of this AGREEMENT, or any part thereof, or any paragraph,
sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof.
ARTICLE XX
ENTIRE AGREEMENT
20.1 This instrument and its attachments constitute the sole and only AGREEMENT of
the parties relating to the subject matter hereof and correctly sets forth the rights,
duties, and obligations of each to the other as of its date. Any prior Agreements,
promises, negotiations, or representations not expressly set forth in this
AGREEMENT are of no force or effect.
20.2 It is further understood that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
14
DRAFT 6/1/04
ARTICLE XXI
APPROVAL OF THIS AGREEMENT
21.1 Execution of this Agreement by the City Manager, City Attorney, City Clerk,
Risk Management Administrator and FRANCHISEE, shall constitute evidence of
its approval.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year
above written.
"CITY"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla A. Thompson, City Clerk Joe Aniola, City Manager
ATTEST:
"FRANCHISEE"
a Corporation
By:
Print Name: Print Name:
Title: Title:
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
MARIA J. CHIAR&, 'INTERIM
City Attorney
DANIA F. CARRILLO
Administrator
Risk Management
15
w'
RFQ #03-04-107
COMMERCIAL SOLID WASTE HAULING SERVICES
LIST OF APPROVED HAULERS
COMPANY NAME
CONTACT
ADDRESS
TELEHONE #
SERVICE TYPE
Location
Pronto Waste Services, Inc.
Roberto Arencibia 17000 NW 35th Avenue
305-691-0020
Commercial I Dade
Miami, FL 33147
T & S Limited, Inc. dba Roll -Off Solutions
Theresa Piccinonna
2402 SW 5th Terrace
954-894-6240
Specialized
Hollywood
Hollywood, FL 33023
J & M Scaffolds of Florida
Rene Guerra
11050 NW 36 Avenue i305-953-6965
Specialized
Dade
Miami, FL 33167
All Service Miami
Robert Hely
8160 NW 93 Street
305-885-5515
Commercial :Dade
Medley, FL 33166
ene€al- au ng ervices_: _:__ ::_:_:_:_:::_;:_:;_:::::::
BOO :Bus: _>;:::.::.:::::__;; :,_:_;_;-::_1451
NW:: .__= _r;;:: _::::
30.5-325-8.666-=
Com erc1al;and:_:;:__C_.=_
, _....:..--i
..
-=::..-::-:__-_.........-_...__-__-..............-;hAamr;..FL.
-.-.. _:_:- .
3 3.142_:oEl.:.::.::.:_:-:-:._,S._Ociallzed.-......-.::...::
-:::::=-':
DisposAII of South FLA, Inc.
Thomas Edwards
3051 NW 129 Street
305-769-1063
Commercial and
Dade
Opa Locka, FL 33054
Specialized
Waste Services, USA
Percy J. Markus
811 NW 143 Street
305-953-8773
Specialized . Dade
Miami, FL 33168
Reliable Waste Services, Inc.
Norys Altuve
8330 NW 58 Street
305-477-9919
Commercial
Dade
Miami, FL 33166
JA.A. Industrial Waste, Inc
Jacqueline Davis
958 NW 73 Street
305-836-7100
Commercial
Dade
Miami, FL 33150
Mac Pac Waste & Recycling Services
f Mark Williams
3051 NW 129 Street
305-362-7763
Commercial and
Dade
I Specialized
Public Waste Services
Nicholas Cascione
520 NW 7 Street 954-349-4735
Commercial Broward
Fort Lauderdale, FL 33311 i
Loprefa Corporation
Cecilia G. Lopez
; 2601 SW 69 Court ; 305-266-3896 :Specialized 1 Dade
Miami, FL 33155 j
RFQ #03-04-107
COMMERCIAL SOLID WASTE HAULING SERVICES
LIST OF APPROVED HAULERS
COMPANY NAME
CONTACT
ADDRESS
TELEHONE # SERVICE TYPE
Location
Bicon, Inc. dba S&S National Waste Annette C. Mickelson
1060 Skees Road
561-242-0920
Specialized
Palm Bch.
West Palm Beath, FL 33411
AES Portable Sanitation, Inc.
Rene Guerra
11050 NW 36 Avenue
305-953-9760
Specialized
Dade
Miami, FL 33167
C&G Waste Removal, Inc. Carlo Piccinonna
850 NW 144 Street
305-999-9880 !Commercial and
Dade
Miami, FL 33168
;Specialized
SiintOReekang corporation :;;i7i: .. fi:;7::;-;.::::::
Brett!Kfiblii::r:=!:t'"' . ;;::;;':
731114E IttPlateiiiiii]i:3054,5g-227
7-Comaterdiaaiii;:iiiiii:Z
'..0 - 7,--.. ijOift.
Miami FL
World Waste Services .Martha Saroza
4701 NW 35 Avenue
305-636-4434
Commercial and
Dade
Miami, FL 33142
Specialized
Wasteco, Inc. IJim Sage
7001 NW 36 Avenue
305-691-9141
Specialized
Dade
Miami, FL 33147
Hauling
i
BFI Waste Systems of North America,Inc. !Mike DeMarco
3840 NW 37 Court • 305-638-3800
Commercial
Dade
Miami, FL 33142
P.H. Waste Collection Service, Inc.
Leonardo Hernandez
3272 NW 28 Street 305-633-1571
Specialized
Dade
Miami, FL 33142
Choice Environmental Services of Miami,Inc. .Neal Rodriguez 3315 NW 46 Street
305-637-5076
Commercial and . Dade
Miami, FL 33142
Specialized
Waste Management Inc. of Florida dba George Ruiz
2700 NW 48 Street
305-471 /14.4,1
'Commercial and I Pompano
Waste Management of Dade County
Pompano Beach, FL 33073 I Specialized
I
i
. I
Eastern Waste Systems, Inc. Alex Mensh
1660 NW 19 Avenue 954-580-0616 I Commercial and I Pompano
Pompano Beach, FL 33069 I 'Specialized
,
1 I
1
I
. I
RFQ #03.04-107
COMMERCIAL SOLID WASTE HAULING SERVICES
LIST OF APPROVED HAULERS
COMPANY NAME 1 CONTACT
ADDRESS
TELEHONE #
SERVICE TYPE
Location
1
LB Demolition 8, Recycling, Inc. ; Beny Krasner
3625 Pembroke Rd. #2
954-894-6220
Specialized
Hollywood
Hollywood, FL 33021
Southern Waste Systems
Charles Gusmana
790 Hillbruth Road
561-582-6688
Commercial
Lantana
Lantana, FL 33462
City of Miami
Legislation
Resolution: R-04-0672
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01142 Final Action Date: 10/14/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING THE CITY OF MIAMI
COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT(S)
("AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM, APPROVED
PURSUANT TO RESOLUTION NO. 04-0496, ADOPTED JULY 22, 2004;
APPROVING THE ADDENDUM TO SAID AGREEMENT(S); AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID AGREEMENT(S) AND SAID ADDENDUM(S),
IN SUBSTANTIALLY THE ATTACHED FORMS, WITH QUALIFIED PROVIDERS FOR
SAID SOLID WASTE SERVICES.
WHEREAS, pursuant to Motion 99-397 and Motion 99-398, adopted June 8, 1999, the City
Commission accepted the Administration's recommendations in connection with the issuance of
franchise agreements for citywide commercial solid waste collection and disposal services and
directed the City Manager to prepare a Request for Qualifications ("RFQ") for said services; and
WHEREAS, pursuant to Resolution No. 99-553, adopted July 27, 1999, the City Commission
authorized and directed the City Manager to issue the RFQ for the provision of solid waste hauling
and disposal services and direct the City Manager to instruct the Director of the Department of Solid
Waste to evaluate said responses and determine the qualified providers; and
WHEREAS, pursuant to Resolution No. 99-720, adopted September 28, 1999, the City
Commission approved nineteen (19) qualified providers that responded to said RFQ; and
WHEREAS, this selection was contingent upon the City of Miami ("City") amending its Code for
the granting of franchises for commercial solid waste collection for a five-year contract period; and
WHEREAS, RFQ No. 03-04-107 was issued to establish the new terms and conditions for
contracts for the provision of solid waste collection, hauling and disposal services, and pursuant to
Resolution No. 04-0496, adopted July 22, 2004, the City Commission approved the Director of Solid
Waste's selection of qualified firms to provide said services within the City, approved twenty-five (25)
qualified providers that responded to said RFQ, and approved the form of and authorized the City
Manager to execute City of Miami Commercial Solid Waste Franchise Agreements ("Agreements")
with said qualified providers; and
WHEREAS, a new Agreement period commenced October 1, 2004, for solid waste collection,
hauling and disposal services; and
WHEREAS, in connection with the foregoing, the Director of the Department of Solid Waste has
proposed simultaneously by Emergency Ordinance on the date hereof for the City Commission to
approve the necessary changes to Chapter 22 of the City Code and is seeking to ratify the
Agreement(s), attached and incorporated, to approve the Addendum to the City of Miami Commercial
Solid Waste Franchise Agreement(s) ("Addendum"), attached and incorporated, and to authorize the
City of Miami Page I of 2 File Id 04-01142 (Version: 1) Printed On: 3/28/2014
File Number: 04-01142 Enactment Number: R-04-0672
City Manager to execute said Agreement(s) and the Addendum(s);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the Agreement(s), in substantially the attached
form, approved pursuant to Resolution No. 04-0496, adopted July 22, 2004, is ratified and the
Addendum to said Agreement(s) is approved.
Section 3. The City Manager is authorized{1} to execute said Agreement(s) and said
Addendum(s), in substantially the attached forms, with qualified providers for said solid waste
services.
Section 4. This Resolution shall become effective immediately upon its adoption and signature by
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-01142 (Version: 1) Printed On: 3/28/2014
ADDENDUM TO
CITY OF MIAMI COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
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. 2nd Avenue, Suite
325, Miami, Florida 33130 ("City"), and , a
corporation, qualified and authorized to do business in the State of Florida (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 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 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 (1112%) penalty rate per month on.
the balance due with a one percent (I %) 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 (114%)
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
2004
EXECUTED BY:
ATTEST: FRANCHISEE:
,
Name: a Corporation
Title:
ATTEST:
Priscilla A. Thompson
City Clerk
.By:
Name:
Title:
"CITY":
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Name: Joe Amiola
Title: City Manager
APPROVED AS TO FORM APPROVED AS TO INSURANCE:
AND CORRECTNESS:
Jorge L. Fernandez Dania F. Carrillo
City Attorney Risk Management Administrator
3
CITY OF MIAMI
COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
THIS AGREEMENT ("AGREEMENT"), made and entered into this day
of , 2004 by and between the City of Miami, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, (hereinafter referred to as
"CITY") and , Inc. a
corporation, qualified and authorized to do business in the State of Florida, (hereinafter
referred to as "FRANCHISEE").
WITNESSETH:
WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the
Miami City Commission which amended-Chapter-22,-entitled-Garbage and her_Solid
Waste, of the City Code to replace regulatory permits for providing Commercial Solid
Waste Services with commercial Franchises to qualified firms; and
WHEREAS, the City Commission has determined that it is in the best interest of
the CITY to issue a commercial Franchise to FRANCHISEE to engage in Commercial
Waste Collection Services within the CITY; and
WHEREAS, the City Manager has determined that FRANCHISEE is qualified to
serve in the aforesaid capacity in that it has met the specifications set forth in Request for
Qualifications No. 03-04-107 and applicable sections of the Code and Ordinances of the
CITY; and
WHEREAS, FRANCHISEE is desirous of obtaining a Franchise from the CITY
to provide Commercial Solid Waste Collection Services within the CITY as set forth
herein; and
WHEREAS, the CITY believes that the Franchising of the Commercial Solid
Waste Services is in the CITY'S best interest and will result in significant cost savings,
additional revenues and better services for commercial solid waste customers; and
NOW THEREFORE, in consideration of the mutual teens, conditions, promises
and covenants herein set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to
enter into this AGREEMENT for furnishing Commercial Solid Waste Collection
Services within the CITY, as follows:
1
ARTICLE I
GENERAL INFORMATION
1.1 Each "WHEREAS" clause set forth above is true and . correct and herein
incorporated by this reference.
1.2 The ATTESTATION OF QUALIFICATIONS for Commercial Waste
Hauling Services, submitted in response to RFQ NO. 03-04-107 by
FRANCHISEE is herein incorporated by this reference.
ARTICLE II
DEFINITIONS
2.1 All Definitions set forth in the City of Miami Code, Chapter 22, entitled Garbage
and Other Solid Waste and Chapter 22 in its entirety, is hereby incorporated by
this reference.
2.2 As used in this AGREEMENT, the. following words and terms shall have the
following meanings, unless the context clearly otherwise requires:
Agreement shall mean this AGREEMENT, as it may hereinafter be amended or
supplemented.
Agreement Collection Area shall include the entire CITY, as the boundaries of
the CITY shall exist at all times during the life of this AGREEMENT.
Commercial Business shall mean and include all retail, professional, wholesale,
and industrial facilities and any other commercial enterprises, for profit or not for
profit, offering goods or services to the public.
Gross Receipts shall mean all monies, whether paid by cash, check, debit or
credit, collected from customers for garbage, solid waste, fuel surcharge,
construction and demolition debris, roofing materials, trash, litter, refuse and/or
rubbish collection removal and disposal services rendered, or from any other
source related directly from waste collection services by the FRANCHISEE,
exclusive of taxes as provided by law, whether wholly or partially collected
within the CITY, less bad debts.
Multifamily Residence shall mean and include any building or structure
containing four or .more contiguous living units and intended exclusively for
residential purposes.
Neighborhood Cleanups shall mean periodic intensive removal of litter, debris
and other solid waste material from a designated area of the City, initiated or
2
approved by the City, its NET offices and/or recognized community based
organizations or associations including special event activities citywide.
Permit Per Account Fee shall mean the annual charge assessed by the City each
October 1, to FRANCHISEE, for every account with whom they contract for the
provision of commercial solid waste services.
Recycling shall mean any process by which solid waste, or materials which
would otherwise become solid waste, are collected, separated, or processed and
reused or retuned to use in the form of raw materials or products. Ref. - Florida
Statutes, Chapter 403, Environmental Control Part IV - Resource Recovery and
Management, as may be amended from time to time.
ARTICLE III
GRANT
3.1 The CITY grants unto the FRANCHISEE the continued right and privilege, with
related obligations, to provide commercial solid waste services in, under, upon,
over and across the present and future streets, alleys, bridges, easements, public
rights -of -way and other public places within the CITY boundaries, present and
future, for contracted multifamily, commercial business, governmental, religious,
educational, profit and non-profit agencies and/or property owners for solid waste
collection and disposal services.
3.2 The CITY further grants unto the FRANCHISEE the right and privilege, with
related obligations, to provide solid waste collection and disposal services for
construction, demolition and renovation sites located within the CITY on a
contracted basis.
ARTICLE IV
OBLIGATIONS OF FRANCHISEE
4.1 FRANCHISEE shall be responsible for the collection and disposal of all
Comrnercial Solid Waste. Extra -ordinary material, Hazardous Waste,
unacceptable waste, body waste, dead animals, abandoned vehicles and parts,
large equipment and parts thereto will not be collected by FRANCHISEE unless
specifically required by the generator and agreed to by the FRANCHISEE.
4.2 FRANCHISEE shall make collection with as little disturbance as possible.
Refuse containers shall be thoroughly emptied and maintained in a clean manner.
Any refuse spilled by the FRANCHISEE shall be picked up immediately by the
FRANCHISEE. The removal of all refuse within 10 ft. of container will be the
responsibility of the FRANCHISEE. The FRANCHISEE will be held responsible
for keeping the 10 ft. radius surrounding containers clean and free of waste and
3
debris. Service minimums for multi -family dwellings shall be as follows: 1-8
Units — 2 CY ® 2 x per week; 9-16 Units - 4 CY @ 2 x per week; 17-32 Units — 6
CY @ 3 x per week; 33-48 Units — 8 CY @ 3 x per week.
4.3 FRANCHISEE agrees that all containers shall be identified with its name and
telephone number and be sufficient in quantity and size to contain material as
indicated in the City Code. All containers serviced by FRANCHISEE shall be
maintained in a clean and serviceable manner at all times. At no time shall any of
FRANCHISEE'S containers be left on the public right-of-way. The City, in its
discretion, may require an adjustment in the location, pick up schedule or the size
of the container(s) if they become an unsightly nuisance, cause a civil violation to
occur, pose a threat to the surrounding environment, threaten the health and/or
safety of the CITY's population or become unsanitary and/or inoperable.
4.4 FRANCHISEE shall be responsible for creating and maintaining schedules and
routes, as well as, frequency of service within the limitations and under the
provisions of the City Code. FRANCHISEE shall be responsible for providing
notification of same to its customers immediately.
4.5 In cases of natural or man made disasters, the City Manager may grant the
FRANCHISEE reasonable variance from regular schedules and routes. As soon
as a declaration of.an emergency is issued by the Mayor, FRANCHISEE shall
secure its containers in order to prevent hazards and/or threats to public safety and
health. As soon as practicable after such disaster, the FRANCHISEE shall advise
the CITY and its customers of the estimated time required before regular
schedules and routes can be resumed.
4.6 FRANCHISEE shall make its customers aware of Miami -Dade County's
mandatory Commercial and Multi -family Residence recycling ordinance and shall
make services available for contract.
4.7 FRANCHISEE agrees to collect and dispose of the solid waste at designated
CITY buildings and properties, free of charge, pursuant to the City Code, as
assigned by the Director of the Department of Solid Waste. In -kind service
assignments will be made proportionate to FRANCHISEE'S percentage of total
contracted commercial accounts in the CITY.
4.8 FRANCHISEE agrees to collect and dispose of waste generated at assigned
Neighborhood Cleanups in proportion to the FRANCHISEE'S percentage of the
total franchise fees paid to the CITY. Such assignments are to be established by
the Director of the Department of Solid Waste.
4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts
bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a
valid Commercial Driver's License, for the type of vehicle being operated; that
the CITY may request the removal of any employee of the FRANCHISEE from
4
City service who is wanton, negligent, or discourteous in the performance of
his/her duties; and that no person shall be denied employment by the
FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion.
4.10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT
to pay all employees not less that the Federal minimum wage and to abide by
other requirements as established by the Congress of the United States in the Fair
Labor Standards Act, as amended and changed from time to time and to comply
with all applicable laws relating to the employment of employees and the
provision of commercial solid waste services. The FRANCHISEE shall have on
hand at all times, in good working order, such equipment as shall permit the
FRANCHISEE, adequately and efficiently, to perform its duties •hereunder.
FRANCHISEE shall have available at all times, reserve equipment which can be
put into service and operation within two hours of any breakdown.
4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 of the
City Code which limits private waste collection service to accounts located within
100 feet of a residential district to between the hours of 7:00 a.m. and 11:00 p.m.,
except and .only as determined by the Director of the Department of Solid Waste.
Each Fiscal Year, the fines assessed for noncompliance of this section will be as
follows: •
1' Offense: $ 250.00
2nd Offense: $ 500.00
3rd Offense: $1,000.00
Each additional offense: $1,000.00
4.12 FRANCHISEE is required, pursuant to Section 22-2 of the City Code to notify the
Department of Solid Waste, at least seven business days prior, of accounts for
which it will discontinue service.
4.13 FRANCHISEE acknowledges that under this Agreement, price controls will be
primarily extracted through competition amongst the Franchise companies for
existing and future accounts. FRANCHISEE further acknowledges that any
increase in pricing by the FRANCHISEE could result in the customer seeking
better pricing from another FRANCHISEE. Therefore, FRANCHISEE agrees
that none of the requirements under any of the articles of this Agreement except
and to the extent as set forth in paragraph 5.6 below, shall result in an increase of
pricing to the customer. The FRANCHISEE may, however, increase service
charges as a result of increases in operating costs such as tipping fees, labor and
other related operating costs.
4.14 ALL equipment utilized to collect and transport solid waste in the City must be
conspicuously marked on both sides of the automotive unit with the name of the
hauler, vehicle number, tare weight and cubic yard capacity. Identification
information must also be marked on all trailer and container units. All markings
must be in letters and numerals at least two inches in height.
4.15 At least annually (October 1) but not more frequently than quarterly, as
determined by the Director of the Department of Solid Waste, each
FRANCHISEE shall supply the following information on a diskette or other
acceptable format and in the manner prescribed by the Director;
(1) A listing, as of the reporting date, of the names and addresses of
customers, and the addresses of each location served.
(2) The number and capacity of each dumpster and compactor per
account.
(3) The list of accounts within the City for which hand collection of
bags/cans is provided.
ARTICLE V
FRANCHISE FEES
5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in
Chapter 22 of the City Code, ARTICLE II -DEFINITIONS of the Franchise
Agreement and the Franchise. Agreement in its entirety, within specified time
frames.
5.2 FRANCHISEE agrees to remit monthly to the CITY, 22 percent (22%) of its
Gross Receipts, generated from accounts within the City limits, or $500.00,
whichever is greater. Accompanying the remittance, FRANCHISEE must
provide the CITY with a list of the customers' names, addresses and total amount
collected. FRANCHISEE agrees to maintain a second list which reflects
individual account charges which must be retained for a period of 60 months from
the end of the Agreement and made available at all times to CITY auditors.
Twenty-two percent (22%) of the total amount collected should equal the
remittance amount. The remittance of the previous month's collection should be
received by the CITY on or before the last day of each month. Failure to remit by
the last day of the following month will cause the FRANCHISEE a one and one
half percent (1-1/2%) penalty per month on the balance due. If paymentis past
due in excess of 60 days, the Department of Solid Waste will initiate its procedure
to revoke the FRANCHISE and attach the Performance Bond for all monies due
and owing the City, including costs. It should be noted, the 22% remitted
monthly to the City, should be calculated on all monthly gross receipts collected
from the customers, exclusive of taxes and the franchise fees.
6
5.3 FRANCHISEE shall, on or before 60 days following the close of each fiscal year,
deliver to the Director of the Department of Solid Waste, a statement of its annual
gross receipts generated from accounts within the City prepared by an
independent Certified Public Accountant reflecting gross receipts within the City
for the preceding fiscal year.
5.4 In addition to the fees enumerated in paragraph 5.2 and 5.6, FRANCHISEE
agrees to remit to the CITY annually (due October 1) the sum of $5,000.00
(increased annually by $500.00) for the right to be a FRANCHISEE for
Commercial Solid Waste Services and Specialized Waste Handling Services
within the City. Failure to remit the required annual franchise fee by the due date
will cause the FRANCHISEE a one and one half percent (1-1/2%) penalty per
month on the balance due.
5.5 FRANCHISEE agrees to remit the $5,000.00 annual franchise fee by October 1,
2004, as noted in paragraph 5.4 above. FRANCHISEE further agrees on each
anniversary (October 1) throughout the term of the Franchise Agreement, to
increase said fee by $500.00. For example; commencing October 1, 2005, the
annual fee due the City will be $5,500.00, and so forth throughout the Agreement
term.
5.6 FRANCHISEE agrees to remit to the City annually (October 15) a Permit Per
Account Fee in the amount of $50.00 for each account contracted within the City
for commercial solid waste service and/or specialized waste handling services,
including, each container and/or roll -off utilized by FRANCHISEE in the course
of the provision of solid waste services. The FRANCHISEE may only pass on an
amount not to exceed $24.00 of said Permit Per Account Fee to each contracted
customer. This fee shall not be transferable. All late payments of this fee will
cause the FRANCHISEE a one and one half percent (1-1/2%) penalty per month
on the balance due.
5.7 In addition to the fees enumerated in paragraph 5.2. and 5.6, FRANCHISEE
agrees to remit to the City annually (due October 1) the sum of $1,000.00 for the
right to provide only Specialized Waste Handling Services within the City limits.
It should be noted, if a FRANCHISEE is providing only Specialized Waste
Handling Services within the City, the annual franchise fee will increase by
$500.00 per year. For example; commencing October 1, 2005, the annual
franchise fee for Specialized Waste Handling Services due the City will be
$1,500.00, and so forth throughout the Agreement term. All late payments of this
fee will cause the FRANCHISEE a one and one half percent (I-1/2%) penalty per
month on the balance due.
7
ARTICLE VI
AUDIT AND INSPECTION RIGHTS
6.1 The CITY may, at reasonable times, and for a period of up to five (5) years
following the date of final payment by the FRANCHISEE to CITY under this
Agreement, audit, or cause to be audited, those books and records of
FRANCHISEE which are related to FRANCHISEE'S performance under this
Agreement. FRANCHISEE agrees to maintain all such books and records at its
principal place of business for a period of five (5) years after final payment is
made under this AGREEMENT.
6.2 The CITY may, at reasonable times during the term hereof, inspect
FRANCHISEE'S facilities and perform such test, as the CITY deems reasonably
necessary, to determine whether the goods or services required to be provided by
FRANCHISEE under this AGREEMENT conform to the terms hereof, if
applicable. FRANCHISEE shall make available to the CITY reasonable facilities
and render assistance to facilitate the performance of all tests and/or inspections
by CITY representatives. All tests and inspections shall be subject to, and made
in accordance with, the provisions of Sections 18-95, 18-96 and 18-97, of the City
Code, as same may be amended or supplemented, from time to time.
FRANCHISEE also agrees to allow City auditors, during regular business hours
and after reasonable notice, to audit, inspect and examine the FRANCHISEE'S
financial records (as they relate to City of Miami revenue) including all fiscal
books and records, sales tax returns, bank statements, general ledger (vouching
City of Miami revenue to the G/L), contract/agreement between FRANCHISEE
and customer and any other financial information deemed necessary, insofar as
they relate to City accounts, as well as, the FRANCHISEE'S entire customer
base, in order to confirm the FRANCHISEE'S compliance with the Franchise
Agreement. FRANCHISEE further agrees to pay a one and one half percent (1-
1/2%) penalty per month on any monies due and owing the CITY, as a direct
result of an audit from whatever applicable revenue stream during the Agreement
term. In addition, if a City Audit reveals that FRANCHISEE under reported gross
receipts, and results in additional revenue due the City in the amount of
$20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay for the cost of
said Audit. Upon audit notification, FRANCHISEE agrees to deliver all financial
information and books and records to within the City limits, if said information is
maintained outside the City boundaries.
6,3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial
related source documents when deemed necessary, to substantiate an audit
finding.
8
ARTICLE VII
INSURANCE AND BONDS
7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public
liability policy in the minimum amount of $1,000,000; automobile liability
insurance policy covering FRANCHISEE'S operations with a combine single
limit of $1,000,000 per occurrence for bodily injury and property damage
liability. FRANCHISEE'S certificate shall also include workers' compensation
coverage.
7.2 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a
Performance Bond, executed by a surety company duly authorized to do business
in the State of Florida, which shall be counter -signed by an agent for the
company, resident in the State of Florida. The amount of the bond shall be equal
to the FRANCHISEE'S previous 12 month franchise fees paid to the CITY
(including the annual franchise fee, monthly 22% franchise fee, annual per
account fee, and any other franchise fees paid to the City) or a minimum of
$25,000, whichever is greater, as security for the faithful performance of the
Franchise AGREEMENT. The surety shall have a rating classification of "A"
and a financial category of Class VII as evaluated in the current Best's Key
Rating Guide, Property Liability. In lieu of a Performance Bond, the
FRANCHISEE may submit an irrevocable letter of credit, cash, certified check,
treasurer's or cashier's check issued by a responsible bank or trust company
payable to the CITY of Miami. The Performance Bond shall be submitted to the
Purchasing Department no later than ten (10) business days after approval of the
Agreement by the City Commission and prior to the execution of the Agreement.
The Performance Bond may be reduced, at the City's discretion, 25% per year to
a maximum of 50%, if payments due the City were remitted timely during the
previous 12 month period. It should be noted the bond reduction may not fall
below the $25,000.00 minimum limit, throughout the term of the Agreement.
ARTICLE VIII
TERM
8.1 The term of the Agreement shall be for a period of five (5) years with one (1)
three (3) year option to renew. The Agreement shall commence October 1, 2004,
and shall terminate on September 30, 2009, with the three (3) year option period
through September 30, 2012. The AGREEMENT shall become effective upon
execution by the parties hereto.
8.2 The option to renew the Agreement for the additional three (3) year period will be
at the sole discretion of the City. Various criteria will be established prior to the
renewal period. During the review process for renewal, the established criteria
will be used in order to ascertain how well each FRANCHISEE performed since
the inception of the October 1, 2004, Agreement. It should be noted that any
9
FRANCHISEE that is not renewed for the three (3) year option period, will not be
allowed to operate within the City limits during the three (3) year period.
ARTICLE IX
DEFAULT
9.1 If FRANCHISEE fails to comply with any .term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then FRANCHISEE shall be
in default. Upon the occurrence of a default hereunder, the CITY, in addition to
all remedies available to it by law, may immediately, upon written notice to
FRANCHISEE, terminate this Agreement. FRANCHISEE 'understands and
agrees that termination of this Agreement under this section shall not release
FRANCHISEE from any obligation accruing prior to the effective date of
termination. Should FRANCHISEE be unable or unwilling to commence to
perform the Services within the time provided or contemplated herein, then, in
addition to the foregoing, FRANCHISEE shall be liable to the CITY for all
expenses incurred by the CITY in preparation and negotiation of this Agreement,
as well as, all costs and expenses incurred by the City in the re procurement of the
Services, including consequential and incidental damages.
9.2 If a default status is not cured and the Agreement is terminated, the City has the
right to seize the Franchise and transfer it to a third party.
ARTICLE X
RIGHT TO TERMINATE AID/OR TRANSFER AGREEMENT
10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole
discretion, at any time after the CITY gives written notice to the FRANCHISEE
of a default of any of the provisions in this Agreement and the FRANCHISEE
fails to correct the default or cease the conduct as set forth in the written notice,
within fourteen (14) working days of the receipt by the FRANCHISEE of said
notice from the CITY.
10.2 If the Franchisee is in default and owes sums to the City, 14 days after notice of
default has been sent to FRANCHISEE, the City will have the option of
transferring the rights under that FRANCHISEE'S AGREEMENT to a third
party. That right to transfer the rights under that FRANCHISEE'S
AGREEMENT may be exercised at any time after the termination of the
FRANCHISEE and no intent to later transfer those rights need be expressed in
any notice or other communication with FRANCHISEE.
10.3 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the
City Manager in accordance with the same time period as set forth in Section 22-
49 of the City Code. Said request for appeal must be in writing.
10
10.4 All complaints received by the CITY shall be resolved by the FRANCHISEE
within 24 hours. The FRANCHISEE agrees to make all reasonable and
expeditious efforts to resolve every complaint. The FRANCHISEE shall perform
every reasonable act to provide a level of high quality service which will
minimize complaints.
10.5 It is expressly agreed that in no event shall the CITY be Iiable or responsible to
the FRANCHISEE or its customers for delay or temporary interruption in service
because of disputes between the parties or any cause over which the CITY has no
control. In the event of any condition which makes performance of contracts
entered into under the terms and conditions of this AGREEMENT impossible,
FRANCHISEE agrees that the CITY shall have the right to notify other
Franchisees to invite other Franchisees of the opportunity to provide collection
and disposal services.
ARTICLE XI
NOTICES
11.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent certified U.S. Mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified and the place for
giving of notice in compliance with the provisions of this paragraph.
11.2 For the present, the parties designate the following as the respective places for
giving of notice, to -wit:
CITY of MIAMI
c/o City Manager
3500 Pan American Drive
Miami, Florida, 33133
FRANCHISEE
ARTICLE XII
INDEMNIFICATION
12.1 FRANCHISEE shall indemnify, defend and hold harmless the CITY and its
officials, employees and agents (collectively referred to as "Indemnities") and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attomey's fees) or liabilities (collectively referred to as
"Liabilities") by reason of any injury to or death of any ,person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
AGREEMENT which is or is alleged to be directly or indirectly caused, in whole
or in part, by any act, omission, default or negligence (whether active or passive)
of FRANCHISEE or its employees, agents or subcontractors (collectively referred
11
to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in
whole or part (whether joint, concurrent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnities, or any of
them or (ii) the failure of the FRANCHISEE to comply with any of the
paragraphs herein or the failure of the FRANCHISEE to conform to statutes,
ordinances, or other regulations or requirements of any governmental authority,
Federal or State, in connection with the performance of this Agreement.
FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnities,
or any of them, from and against all liabilities which may be asserted by an
employee or former employee of FRANCHISEE, or any of its subcontractors, as
provided above, for which the FRANCHISEE'S liability to such employee or
former employeewould otherwise be limited to payments under State Workers'
Compensation or similar laws.
ARTICLE XIII
ASSIGNABILITY
13.1 There is no right to assign this Agreement. The City Commission may allow an
assignment if it is deemed in the best interests of the City of Miami ("City") to do
so. Under no circumstances may the City Commission consider assignment of a
Franchise as long as the FRANCHISEE has .any outstanding balance to the City
or is otherwise not in ' complete compliance with the Agreement. If the
FRANCHISEE is up to date with all payments to the City .and is otherwise fully
in compliance with the Agreement, then. a FRANCHISEE may request
consideration for assignment only as follows: by Certified letter to the Director of
the Department of Solid Waste with reports enclosed reflecting all payments due
to the City have been paid through the date of the letter. For the purposes of this
paragraph, "assignment" shall include any transfer of a majority of stock in a
FRANCHISEE or any significant change in ownership of the FRANCHISEE, its
officers, directors or personnel. The Director of the Department of Solid Waste
must be notified of any sale of a majority of stock in the FRANCHISEE and any
significant changes in the ownership of the FRANCHISEE, its officers, directors
or personnel by Certified letter no later than five (5) business days after such
action. If assignment is granted, the new FRANCHISEE will assume all
obligations set forth in the Agreement and immediately comply with all terms of
the Agreement.
13.2 This AGREEMENT shall be binding upon the parties hereto, their heirs,
executors, legal representatives, successors, or assigns.
12
ARTICLE XIV
COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS:
14.1 FRANCHISEE understands that agreements between private entities and local
governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, record keeping, etc. City and
FRANCHISEE agree to comply with and observe all applicable Federal, State and
local laws, rules, regulations, Codes and Ordinances, as they may be amended
from time to time.
ARTICLE XV
NONDISCRIMINATION
15.1 FRANCHISEE represents and warrants to the City that FRANCHISEE does not
and will not engage in discriminatory practices and that there shall be no
discrimination in connection with FRANCHISEE'S performance under this
Agreement on account of race, color,, sex, religion, age, handicap, marital status or
national origin. FRANCHISEE further covenants that no otherwise qualified
individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this
Agreement.
ARTICLE XVI
MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM
16.1 The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume
of City procurement and contracts with Blacks, Hispanic and Women -owned
business. The M/WBE Program is found in Ordinance No. 10062, a copy of
which has been delivered to, and receipt of which is hereby acknowledged by,
FRANCHISEE. FRANCHISEE understands and agrees that the City shall have
the right to terminate and cancel this Agreement, without notice or penalty to the
City, and to eliminate FRANCHISEE from consideration and participation in
future City contracts if FRANCHISEE, in the preparation and/or submission of
the Proposal, submitted false or misleading information as to its status as Black,
Hispanic and/or Women owned business . and/or the quality and/or type of
minority or women owned business participation.
13
ARTICLE XVII
INDEPENDENT CONTRACTOR
17.1 FRANCHISEE is being engaged as an independent contractor, and not as an
agent or employee of the City. Accordingly, FRANCHISEE shall not attain, nor
be entitled to, any rights or benefits under the Civil Service or Pension Ordinances
of the City, nor any rights generally afforded classified or unclassified employees.
FRANCHISEE further understands that Florida Workers' Compensation benefits
available to employees of the City are not available to FRANCHISEE, and agrees
to provide workers' compensation insurance for any employee or agent of
FRANCHISEE.
ARTICLE XVIII
GOVERNING LAW
18.1 This Agreement shall be governed by the laws of the Federal Government, State
of Florida, Miami -Dade County and the Codes and Ordinances of the City of
Miami.
. ARTICLE XIX
SEVERABILITY
19.1 Should any section of this AGREEMENT, or any part thereof, or any paragraph,
sentence or word. be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof.
ARTICLE XX
ENTIRE AGREEMENT
20.1 This instrument and its attachments constitute the sole and only AGREEMENT of
the parties relating to the subject matter hereof and correctly sets forth the rights,
duties, and obligations of each to the other as of its date. Any prior Agreements,
promises, negotiations, or representations not expresslyset forth .in this
AGREEMENT are of no force or effect.
20.2 It is further understood that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
14
ARTICLE XXI
APPROVAL OF THIS AGREEMENT
21.1 Execution of this Agreement by the City Manager, City Attorney, City Clerk,
Risk Management Administrator and FRANCHISEE, shall constitute evidence of
its approval.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year
above written.
"CITY"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
ATTEST:
"FRANCHISEE"
a Corporation
By:
Print Name: Print Name:
Title: Title:
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
ALEJANDRO VILARELLO
City Attorney
DANIA F. CARRILLO
Administrator
Risk Management
15
City of Miami
Legislation
Resolution: R-10-0419
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01024 Final Action Date: 9/23/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE RESPONSES RECEIVED AUGUST 13, 2010, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 222246, FROM VARIOUS QUALIFIED
PROPOSERS, AS IDENTIFIED ON "EXHIBIT A", ATTACHED AND
INCORPORATED, TO PROVIDE COMMERCIAL SOLID WASTE HAULING
SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO
EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENTS, WITH THE QUALIFIED PROPOSERS FOR SAID SERVICES, FOR
AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW
FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING
THE ADDITION OF QUALIFIED PROPOSERS (IN THE EVENT ANY OF THE
FRANCHISES ARE CANCELLED, TERMINATED, OR THE FRANCHISEES
OTHERWISE CEASE TO DO BUSINESS OR PROVIDE ADEQUATE SERVICE
WITHIN THE CITY), WHO MEET ALL APPLICABLE LAWS, CODES, RULES, AND
REGULATIONS, SUBJECT TO CITY COMMISSION APPROVAL.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The responses received August 13, 2010, pursuant to Request for Qualification No.
222246, from various qualified proposers, as identified on "Exhibit A", attached and incorporated, to
provide Commercial Solid Waste Hauling Services within the City of Miami, are accepted.
Section 2. The City Manager is authorized{1} to execute non-exclusive commercial solid waste
franchise agreements with said qualified proposers for said services, for an initial contract period of
five (5) years with options to renew for three (3) additional one (1) year periods.
Section 3. The addition of qualified proposers (in the event any of the franchises are cancelled,
terminated, or the franchisees otherwise cease to do business or provide adequate service within the
City of Miami), who meet all applicable laws, codes, rules, and regulations, is authorized, subject to
City Commission approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
City of Miami Page 1 of 2 File Id: 10-01024 (Version: 2) Printed On: 3/28/2014
File Number: 10-01024 Enactment Number: R-10-0419
{1} The herein authorization is further subject to compliance with all requirements that may be imp(
by the City Attorney, including but not limited to those prescribed by applicable City Charter and C
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effei
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 10-01024 (Version: 2) Printed On: 3/28/2014
EXHIBIT A
QUALIFIED PROPOSERS
RFQ 222246 - COMMERCIAL SOLID WASTE HAULING SERVICES
EXHIBIT A
Name
Address
City, State, Zip Code
Contact Name
Telephone Number
Mobile Number
Fax Number
Email Address
1-866-Junk-Be-Gone Corp/Miami
3500 NW 51 Street
Miami, FL 33142
Mr. Jorge M. 0ustamente
305-634-2749
305-218-3788
305-634-0220
jrnb betterwaste(ebellsouth.net
Bison, Inc. d/b/a S&S National
Waste
1486 Skees Rd., Suite D
West Palm Beach, FL 33411
Ms. Janna Wheeler
561-340-3111
561-340-3107
561-340-3112
jannaOssnationaiwaste.com
Choice Environmental Services of
Miami, Inc.
13300 NW 38th Ct.
Opa-Locka, FL33054
Mr. Neal Roth-igue
954-797-7974
407-902-1353
954-797-7984
nealrichoicewaste.com
CNC Management Group, Inc.
12865 SW 216 5t.
Miami, FL 33170
Mr. Carlos M. Vazquez
786-250-4907
305-301-9498
786-250-4908
cncmanaaementracomcast.net
Eagle Carting, Inc.
7455 NW 144 Street
Miami Lakes, FL 33014
Mr. Rafael L. Diaz
305-759-0997
786-402-2693
305-759-0697
nationaleservice@aoLcom
Eastern Waste Systems, Inc.
1660 NW 19 Avenue
Pompano Beach, FL 33069
Mr. Angelo Marzano
954-580-0615
954-214-1573
954-580-0616
amarzano(deasternwaste.com
G7 Holdings, inc. d/b/a
Garbageman.com
1601 Alton Road 8602
Miami Beach, FL 33139
Mr. Greg Davis
305-673-2847
305-776-6473
305-693-2277
gregL51aarbaeernan.com
General Hauling Service, Inc.
1451 NW 20 Street
Miami, Florida 33142
Mr. Ben Bush
305-325-8666
305-610-8901
305-325-1877
ben@aeneralhauling.com
Greener Waste Services, Inc.
17925 NW 81 Ct.
Miami, FL 33015
Mr. Daniel R. Guanche
305-622-6492
305-763-6760
1-305-647-6530
kreeinerwastesys±aaol_corn
rene@aesoortable.com
1 & M Scaffolds of Florida, Inc.
11050 N.W. 36th Avenue
Miami, FL 33167
Mr. Rene L. Guerra
305-953-6965
786-282-2700
305-953-5497
Lopefra Corp.
2601 S.W. 69 Ct.
Miami, FL 33155
Ms. Rosemary L. Hartigan
305-266-3896
305-785-4075
305-266-9825
RosemarvNt rIooefra.com
Pronto Waste Services, Inc.
7000 NW 35 Ave.
Miami, FL 33147
Mr. Roberto Arenclbia
305-691-0020
305-796-1660
305-694-1777
Royal Flush, LLC
1660 NW 19 Avenue
Pompano Beach, FL 33069
Mr. Angelo Marzano
954-580-0446
954-214-1573
954-582-0794
prontowaste@bellsouth.net
amarzano@easternwaste.com
Southern Waste Systems, LLC
790 Hillbrath Drive
Lantana, FL 33462
Mr. Charles Gusmano
561-582-6688 Ext. 229
561-762-3602
561-582-6985
ceusmano@swsfl.com
Sunshine Recycling Services of
SWFL, LLC.
3240 Cargo Street
Ft. Myers, FL 33916
Mr. Rory P. Amundson
239-390-9529
239-980-1767
239-390-9539
sunshinerecvcline@vahoo.cont
Thunder Demolition, Inc.
7373 NE 3rd Court
Miami, FL 33138
Mr. Ronny Herrera
305-757-9444
305-986-2462
305-757-9441
thunderdernolition@bellsouth.net
thunderdemol@belisouth.net
Town & Country Sanitation, LLC
d/b/a Universal Waste Services
2466 Ali Baba Ave.
Opa-Locka, FL 33054
Mr. Paul Bandamo
305-362-1337
754-367-3400
305-362-5676
paulbadamordaol.com
Trlpple 5 Waste Services, Inc.
8776 NW 168 Lane
Miami Lakes, FL 33018
Ms. Sandra I. Cosine —305-821-3568
786-247-8802
305-821-3598
sgosine5770hotrnall.tom
Waste Management Inc. of Florida
2125 NW 10 Court
Miami, FL 33127
Mr. Tint Hawkins
305-547-6024
jneal2@wm.com
Waste Pro of Florida, Inc.
17302 Pines Blvd.
Pembroke Pines, FL 33029
Mr. Russell Mackie
954-967-4200
772-370-3509
954-241-4489
rmackie@wasteprousa.com
Waste Services of Florida, Inc.
3840 NW 37th Court
Miami, FL 33142
Mr. Vahe Gabriel
305-638-3800
305-633-2973
vgabriel@wsii.us
Waste Services USA, Inc.
840 NW 144th Street
Miami, FL 33168
Mr. Percy Markus
305-953-8988
305-986-0800
305-953-8773
pmaikus@westeservicesusa.cont
Total = 22
Created by: yusbel Gonzalez, CPPB
1 OF 1 Solid Waste Department Director / Designee Approval