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HomeMy WebLinkAbout25633AGREEMENT INFORMATION AGREEMENT NUMBER 25633 NAME/TYPE OF AGREEMENT WASTE MANAGEMENT INC. OF FLORIDA DESCRIPTION SERVICE AGREEMENT/COMMERCIAL SOLID WASTE HAULING SERVICES/MATTER ID: 25-551 EFFECTIVE DATE June 26, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/26/2025 DATE RECEIVED FROM ISSUING DEPT. 6/26/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Eduardo Falcon EXT. 1906/1901 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Waste Management Inc. IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): Recycling Service Agreement - Contract EMG 24-25-005 CO iMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER June 20, 2025 nJ38:PeLEPAASE IA12 13ezeDCTPPO bocuS gned by SIGNATURE: �— �.., Ca�aEd�� w SUBMITTED TO RISK MANAGEMENT June 20, 2025 David Ruiz 1 12 :40: 57 EL_. SIGNATURE: f;," SUBMITTED TO CITY ATTORNEY Matter 25-551 June 24, 2025 1 GP0Or2C4e K isong III DocuSgntl by Caka, ,,,,) °1 SIGNATURE: ° e APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER June 24, 2025 IIlainfAlilNfDTPA SIGNATURE: feSPht APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS June 24, 2025 Barbara Hernandez, MPA 1 12 : 34:17 EDI— SIGNATURE: !?°atd"y APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER Natasha Colebrook -Williams SIGNATURE: RECEIVED BY CITY MANAGER June 25, 2025 1" ORTOri.i615i V bocuSm led by SIGNATURE: Qvflu, Pb" SUBMITTED TO THE CITY CLERK June 26, 2025 I T104aUi°�9n SIGNATURE: ( -)�ML _— PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Eduardo Falcon Contact Person Procurement Contracting Manager Title 6/20/2025 Date: Procurement Requesting Client (305) 416-1901 Telephone Legal Service Requested: Matter 25-551: Recycling Service Agreement- Waste Management Inc. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Recycling Facility Services Agreement 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ 0 City Manager — Authority level of $ ❑ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? Recycling Facility to drop off materials collected by the City of Miami. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Solid Waste 5. IS THE AWARDEE INCUMBENT? No, the vendor that was used before is no longer offering this service. 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Pricing is higher due to location costs, the location in Pembroke Pines would be less expensive but too far for the City to travel. 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? N/A City of Miami, Florida Contract No. EMG 24-25-005 SERVICE AGREEMENT By and Between The City of Miami, Florida And CONTRACTOR This Services Agreement ("Agreement") is entered into this June day of 26th , 2025by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and, [Waste Management Inc. of Florida], a [Florida Profit Corporation], qualified to do business in the State of Florida whose principal address is 800 Capitol Street, Suite 3000 Houston TX 77002] ("Contractor"). RECITALS: WHEREAS, the City wishes to engage the Services of Contractor, and Contractor wishes to perform the Services for the City; and WHEREAS, the City and Contractor desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Contractor and the City agree as follows: 1. RECITALS AND INCORPORATIONS: The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: Exhibit A — Scope of Services Exhibit B — Insurance Requirements Exhibit C — Certificate of Insurance Exhibit D — City Resolution Exhibit E — Company Resolution Exhibit F — Anti -Human Trafficking Affidavit In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor this Agreement then the priority order indicated above. 2. TERM The Agreement shall become effective on the date on the first page (the °Effective Date") and shall be for the duration of eighteen (18) months with an option to renew for one (1) additional six (6) month period upon the mutual agreement of both parties. The City, acting by and through its City Manager, shall have the option to terminate the Agreement for convenience, that is, for no cause; or terminate for cause due to a default. 3. SCOPE OF SERVICES: A Contractor agrees to provide the Services as specifically described, and under the in Exhibit "A", which by this reference is incorporated into and made a part of this Agreement 1 City of Miami, Florida Contract No. EMG 24-25-005 B. Contractor represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, registrations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, any City agency or instrumentality, including payment of accounts, debts, permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibits "A"" and (v) each person executing this Agreement on behalf of Contractor has been duly authorized to so execute the same and fully bind Contractor as a party to this Agreement. C. Contractor shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. Contractor shall possess and maintain any required licenses, permits and certifications to perform the Services under this Agreement. The City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable by the City to the Contractor will be for these services will be $143.99 per ton. Compensation may not exceed the rates quoted herein without written amendment. Any compensation exceeding such rates shall not be authorized and will be deemed gratuitous work. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within thirty (30) days after receipt of Contractor's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. - 218.79, Florida Statutes, and other applicable laws. No advance or future payments shall be made at any time. C. Contractor agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Contractor and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Contractor. D. Prices shall remain firm and fixed for throughout the initial term of this Agreement. Notwithstanding, at least ninety (90) days prior to the expiration of the then -current term, Contractor may request an adjustment based on the National Consumer Price Index ("CPI") for water sewer and trash, which adjustment shall be effectuated through written amendment signed by both Parties and will be applied to the then -current price on the Agreement. The CPI shall be based on the total annual change in the index for the 12-months ending 6 months before the expiration date of the then -current term. Contractor waives any right to request an adjustment at any time other than the ninety (90) day period indicated above. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, data, document, report or any other material whatsoever which is given by the City to Contractor, its employees, or any subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Contractor agrees not to use any such information, data, document, report or material for any other purpose whatsoever 2 City of Miami, Florida Contract No. EMG 24-25-005 without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Contractor determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable laws be breached. The City shall maintain and retain ownership of any and all data and documents which result upon the completion of the work and Services and prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Contractor agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of five (5) years following the date of final payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are solely related to Contractor's performance under this Agreement. Contractor agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of five (5) years after final payment is made under this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. The audit provisions set forth 18-102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, are applicable to this Agreement. B. The City may, at reasonable times during the term hereof and with reasonable prior notice to Contractor, inspect Contractor's facilities, as the City deems reasonably necessary, to determine whether the services required to be provided by Contractor under this Agreement conform to the terms hereof. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of inspections by City representatives. The inspection provisions set forth 18-101 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, are applicable to this Agreement. C. All audits and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, which apply to this Agreement, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. PUBLIC RECORDS: A. Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be 3 City of Miami, Florida Contract No. EMG 24-25-005 required by the City to perform this service; (2) if required, provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. SHOULD CONTRACTOR DETERMINE TO DISPUTE ANY PUBLIC ACCESS PROVISION REQUIRED BY FLORIDA STATUTES, THEN CONTRACTOR SHALL DO SO AT ITS OWN EXPENSE AND AT NO COST TO THE CITY. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSOMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, ethics, funding, lobbying, record keeping, etc. the City and Contractor agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Contractor further agrees to include in all of Contractor's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors 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. 10. INDEMNIFICATION: A. Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, departments, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by performance of this Agreement by Contractor, Contractor's compliance and/or noncompliance with the provisions of this Agreement, and all laws and regulations pertaining to Contractor's services which are applicable to the Contractor, negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, administrative, regulatory, statutory or similar claims, injuries or damages arising or resulting from the Services, except to the extent such actions or claims arise out of the negligence or wrongful misconduct of the City. In the event that any action, cause of action, claim, demand or proceeding (collectively "Claim(s)") is brought against the City by reason of any such 4 City of Miami, Florida Contract No. EMG 24-25-005 Claim(s), Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, hold, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. B. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through trial, mediation, arbitration, administrative, regulatory, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Contractor, or persons or entities employed or utilized by Contractor. C. These duties will survive the cancellation or expiration of this Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as they may be applicable, and as they may be amended. D. Contractor shall require all sub -contractor agreements to include a provision that each sub- contractor will indemnify, hold harmless and defend the City in substantially the same language as this Section. Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Contractor in which the City participated either through review or concurrence of Contractor's actions. In reviewing, approving or rejecting any submissions by Contractor or other acts of Contractor, the City, in no way, assumes or shares any responsibility or liability of Contractor or sub -contractor under this Contract. E. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Contractor. 11. DEFAULT: If Contractor fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, setting forth the thirty (30) day time period to cure, then Contractor shall be in default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor 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. 12. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission . Contractor shall not be entitled to seek judicial relief 5 City of Miami, Florida Contract No. EMG 24-25-005 unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (one hundred twenty (120) days if City Manager's decision is subject to the City Commission approval); or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 13. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty or any stated cause, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City or Contractor be liable to the other for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City or Contractor be liable for any direct, indirect, consequential or incidental damages. C. Contractor may terminate this Agreement, in whole or in part, for its convenience by providing the City with not less than sixty (60) calendar days' prior written notice. Such notice shall specify the effective date of termination. In the event of termination under this section, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 14. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "C" and incorporated herein by this reference. The City's agreement and title number must appear on each certificate of insurance. Contractor shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Contractor shall correct any insurance certificates as requested by the City Risk Management Director. 6 City of Miami, Florida Contract No. EMG 24-25-005 All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Director on Certificates of insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. If, in the judgment of the City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, the City Risk Management Director reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. C. Contractor understands and agrees that any and all liabilities regarding the use of any of Contractor's employees or any of Contractor's sub -contractors for Services related to this Agreement shall be borne solely by Contractor throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Contractor further understands and agrees that insurance for each employee of Contractor and each sub -contractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Director throughout the duration of this Agreement. D. Contractor shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Contractor shall be responsible for submitting new or renewed insurance certificates to the City Risk Management Director as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City Risk Management Director; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re - procurement damages from Contractor in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Contractor of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender 7 City of Miami, Florida Contract No. EMG 24-25-005 identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the contract. Furthermore, Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 16. ASSIGNMENT: Contractor's services are considered unique and specialized. This Agreement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in part, and Contractor shall not assign any part of its operations which are related to the performance of this Agreement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. AS TO THE CONTRACTOR AS TO THE CITY: Name: David M. Mvhan Title: President Address 1: 1800 N. Military Trail, Suite 201, Boca Raton, FL 33431 Address 2: Email: dmyhan@wm.com With Copy to: Lisa P. Silva Asst. Secretary 1800 N. Military Trail Ste. 201 Boca Raton, FL 33431 CT Corporation System 1200 south Pine Island Road Plantation, FL 33324 8 Art Noriega City Manager 444 SW 2nd Avenue, 10Ih Floor Miami, FL 33130 anonega dim is miq ov corn WITH A COPY TO: George K. Wysong III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 a song8miamigov corn Annie Perez Procurement Department 444 SW 2nd Avenue, 6m Floor Miami, FL 33130 aoerez( miamigov.corn City of Miami, Florida Contract No. EMG 24-25-005 Katie Grate Department of Solid Waste 1290 NW 201" Street Miami, FL 33142 Email 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion, memorandum, or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties freely, knowingly irrevocably waive any rights to a jury trial in any actions or proceedings between them related to this Agreement. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, Florida, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Contractor shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to Iicensure, registration, and certifications required by law for professional service Contractors performing these services. E. This Agreement constitutes the sole and entire Agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. All changes and/or modifications to this Agreement shall be approved in advance and in writing by the Office of the City Attorney as to legal form and correctness, and executed in writing by the City and Contractor. F. Title and paragraph headings are for convenient reference and are not a part of this Agreement. G. Nothing contained in this Agreement is any way intended to be a waiver of the limitation placed upon the Indemnitees' liability as set forth in Chapter 768, Florida Statutes. Additionally, the Indemnitees do not waive sovereign immunity, and no claim or award against the Indemnitees shall include attorney's fees, investigative costs, pre -suit or adjusting costs, or pre -judgment interest. H. If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This 9 City of Miami, Florida Contract No. EMG 24-25-005 Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 20. INDEPENDENT CONTRACTORS: Contractor has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services under this Agreement shall 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. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, its employees, or any subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Contractor rendering Services to the City under this Agreement. Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 23. CITY NOT LIABLE FOR DELAYS: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 10 City of Miami, Florida Contract No. EMG 24-25-005 24. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to the City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also city employee or a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. Contractor additionally agrees during the term of this Agreement not to serve as a paid expert witness, affiant or otherwise furnish evidence adverse to the City in a Claim brought against the City by any third party. 26. NO THIRD -PARTY BENEFICIARY: No persons other than Contractor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Contractor hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current. Contractor understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. ANTI -HUMAN TRAFFICKING: The Contractor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Contractor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Contractor fails to comply with the terms of this 11 City of Miami, Florida Contract No. EMG 24-25-005 Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Contractor for any additional compensation or for any consequential or incidental damages. 30. ANTITRUST VIOLATOR VENDORS: Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 31. COUNTERPARTS, ELECTRONIC SIGNATURES: This Agreement may be executed in three (3) or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 32. E-VERIFY: By entering into this Agreement, the Contractor and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." The Contractor affirms that (a) it has registered and uses the U S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Contractors; (b) it has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subconsultant; (c) it has an affidavit from all subcontractors to this Agreement attesting that the subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.govle-verify. If City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, the Contractor agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Contractor shall be liable for any additional costs incurred by the City because of such termination. In addition, if City has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its requirements under those statutes, then Contractor agrees that it shall terminate its contract with the subcontractor upon receipt of notice from the City of such violation by subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, Contractor, or subcontractor no later than twenty (20) calendar days after the date of Agreement termination. 12 City of Miami, Florida Contract No. EMG 24-25-005 33. ENTIRE AGREEMENT: This instrument and its exhibits constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set 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 13 City of Miami, Florida Contract No. EMG 24-25-005 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. ATTEST: BY: NAME: Lisa P. Silva "Contractor" Waste Management Inc. of Florida, A Florida For Profit Corporation JAL. BY: NAME: David M. Mvhan TITLE: Assistant Secretary TITLE: President (Corporate Sea.) ATTEST: BY: ocu5ignetl by: Todd B. Hannon City Clerk Signed by: "City" THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: , Doc g y Qvgwr Novic.da ,—AsnrF6r17,nnan Arthur Noriega City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: 0,yokl III DS VA-F REQUIREMENTS: by: roank ao�,� BY. M9506318214E] George K. Wysong III 25-551 David Ruiz City Attorney Interim Director of Risk Management 14 City of Miami, Florida Contract No. EMG 24-25-005 EXHIBIT A SCOPE OF SERVICES 34. SPECIFICATIONS/SCOPE OF WORK 15 Scope of Work SECTION _ DEFINITIONS The words and phrases used in this Agreement shall be defined in the manner provided in this section. If a word or phrase is not defined herein, the word or phrase shall be defined in the manner provided in the City's Ordinances. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment , order, decree, permit, rule, regulation, directive , policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental agency or authority during the term of this Agreement, and relate or apply in any manner to the performance of the City or Contractor under this Agreement. City Vehicle means a truck or other motor vehicle that delivers Recyclable Materials to the Designated Recycling Facility and is owned and operated by the City. Contract Year means (a) regarding the first Contract Year, the twelve (12) consecutive month period beginning on the Effective Date and (b) regarding subsequent Contract Years, each twelve (12) consecutive month period thereafter. Days means calendar days unless specifically stated otherwise herein. Designated Processing Facility means the facility designated in this Agreement where the Contractor will Process the City's Program Materials. The Designated Processing Facility may be the same as or different than the Designated Recycling Facility. Designated Recycling Facility means the facility designated in this Agreement where the Contractor will receive and accept delivery of the City's Program Materials. The Designated Recycling Facility may be a materials recovery facility, a recovered materials processing facility, or a transfer station, as those terms are defined in Rule 62-701.200, Florida Administrative Code. Director means the Director of the City's Solid Waste Department or the Director's designee. FDEP means the Florida Department of Environmental Protection and any successor agency or Governmental Authority. Governmental Authority means any federal. state, or local governmental, regulatory or administrative agency, authority, or commission or any court, tribunal, or judicial or arbitral body. Hazardous Waste means any Solid Waste present in quantities or concentrations that are defined and regulated as a "hazardous waste" by the Florida Department of Environmental Protection. Holiday means a designated date on which the Contractor is not be required to provide its services under this Agreement. For the purposes of this Agreement, the only Holidays are Christmas Day and other days that are approved as Holidays by the Director. Load means the Program Materials delivered to the Designated Recycling Facility on a City Vehicle. Parties mean the City and the Contractor. Party means, depending on the context, either the City or the Contractor. Permit means any permit, license, authorization, or other governmental approval required for the Contractor's work under this Agreement. Person means all persons and entities, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any Governmental Authority. Processing, Processed and other variations of the verb "to Process" mean any technique designed to sort the Program Materials delivered by the City for subsequent transporting of the Program Materials for recycling or beneficial re -use. Program Materials means Recyclable Materials collected by or on behalf of the City and over which the City has control. Recyclable Materials include newspapers (including inserts), corrugated cardboard, mixed paper (including brown paper bags, magazines, phonebooks, junk mail, white and colored paper, and paperboard), aluminum cans, plastic containers and bottles, glass bottles and jars, tin and ferrous cans, polycoated cartons, and other materials designated as Program Materials by mutual agreement of the City and Contractor. Public Records Law means Chapter 119 of the Florida Statutes. Recovered Materials means Recyclable Materials that have been separated from the Solid Waste stream and processed to market specifications. Recyclable Materials or Recyclables means those materials that are capable of being recycled and which would otherwise be Processed or disposed of as Solid Waste. Rejects means materials, other than Residue, that cannot be recycled and cannot be Processed into Recovered Materials. Residue means the portion of the Recyclable Materials accepted by the Contractor that is not converted to Recovered Materials due to breakage and/or Processing inefficiencies at the Designated Processing Facility. Single Stream means a recycling Process in which the generator, e.g., a resident places all the different types of Recyclable Materials together in a bin or cart for collection by the City. In a Single Stream system, all the Recyclables are commingled together; the generator and the hauler are not required to separate the Recyclables into two or more containers. Solid Waste means garbage, rubbish, refuse, trash, and other similar discarded materials resulting from domestic, commercial, industrial, agricultural, or governmental operations. Solid Waste does not include Recyclable Materials, Unacceptable Waste, or Solid Waste that is not controlled by the City. Ton means 2,000 pounds. Transfer Station means a facility that is primarily used to store or hold recyclable Program Materials prior to transport to a Processing or disposal facility. Station may include the separation of incidental amounts of Recyclable Materials or Unacceptable Waste. Unacceptable Waste means Biomedical Waste, Hazardous Waste, sludge, automobiles, automobile parts, boat parts, boat trailers, internal combustion engines, lead -acid batteries, used oil, tires, and those wastes under the control of the Nuclear Regulatory Commission. Workday means any calendar day, except Sundays and Holidays CONTRACTOR' S RECYCLABLES PROCESSING RESPONSIBILITIES Designated Facilities The following facility is the Designated Recycling Facility at which Program Materials will be received by the Contractor pursuant to this Agreement, beginning on the Commencement Date: as stated on the Service Agreement, located at 5000 NW 37 Avenue, Hialeah FL 33142 or such other facility that is approved in writing by the Director with mutual agreement by Contractor and City. The following facility is the Designated Processing Facility at which Program Materials will be Processed pursuant to this Agreement, beginning on the Commencement Date located at 20701 Pembroke Rd. Pembroke Pines, FL 33029, Contractor' new facility being constructed adjacent to the existing facility located at 20701 Pembroke Road. Pembroke Pines, FL 33029, or such other facility that is approved in writing by the Contractor and Director. The Designated Recycling Facility and Designated Processing Facility may be changed only with the prior written approval of the Director and Contractor The Contractor shall be solely responsible for all aspects of the design, permitting, financing, construction, management, staffing, operation, closure, and maintenance of the Designated Recycling Facility and Designated Processing Facility. The Contractor shall ensure that the Designated Recycling Facility and Designated Processing Facility are always operated in compliance with all Applicable Law. The City shall have the right, but not the duty, to inspect and observe the operating and maintenance practices at the Designated Recycling Facility and Designated Processing Facility. Among other things, the City may observe the receipt. separation, processing, loading, storage, and transport of the materials received at each facility. The City may inspect and observe these facilities at any time during the Contractor' s normal hours of operation. The Contractor shall accommodate the City's inspections but may require the City to comply with reasonable safety requirements. Materials Acceptance Beginning on the Commencement Date, to the extent allowed by law, the City shall deliver the City's Program Materials to the Designated Recycling Facility during the days and hours specified in this agreement. The City's Program Materials may be collected and delivered to the Designated Recycling Facility in a Single Stream. The City provides no warranties or guarantees regarding the quantity, quality, or characteristics of the Program Materials that will be delivered to the Designated Recycling Facility. Beginning on the Commencement Date, the Contract or shall accept deliveries of the City's Program Materials at the Designated Recycling Facility between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 6:00 a.m. and 1:00 p.m. on Saturday, or other hours approved in writing by the Director and Contractor. At the Contractor's option, the Designated Recycling Facility may be closed on Holidays. No reduction in the scheduled receiving hours shall be made without the prior written approval of the Director, unless a Force Majeure situation exists. The City shall have the right to designate other types of Recyclable Materials as Program Materials, if the Parties agree it is technically feasible and cost-effective to Process such Recyclable Materials. The Designated Recycling Facility shall be operated in a manner that facilitates the easy and rapid access and exit of City Vehicles. The Contractor shall use all reasonable measures to ensure that the average turnaround time for City Vehicles does not exceed thirty (30) minutes. The average turnaround time shall be determined daily. The turnaround time shall be measured from the time when a City Vehicle enters the queue at the entrance to the Designated Recycling Facility and it shall include all the time until the City Vehicle leaves the facility site. However, the turnaround time shall not include delays caused by (a) equipment failures that are not the result of the Contractor's actions or negligence, (b) the negligent actions of the City's drivers, (c) the breakdown of City Vehicles, or (d) delays due to construction activity by others, accidents, or any other causes beyond the control of Contractor. Within one (1) Working Day after receiving the City's request, the Contractor shall provide the City with access to the Contractor's records concerning the turnaround times for the City Vehicles. The Designated Recycling Facility shall be equipped with truck scales and computerized recordkeeping systems for weighing and recording the delivery of the City's Program Materials. The Contractor shall calibrate and certify the accuracy of the scales at least once each calendar quarter. The Contractor shall weigh each City Vehicle that delivers Program Materials to the Designated Recycling Facility. The Contractor's records shall identify the gross weight of each City Vehicle, the weight of the Load delivered in each City Vehicle, the date when the City Vehicle delivered the Load, and the times when the City Vehicle entered and left the facility site. The Contract or shall record and keep this information in a manner that allows the Contractor to provide reports concerning the City's Program Materials as required herein or reasonably requested by the City. The Contractor may use tare weights. If the Contractor chooses to use tare weights, all tare weights shall be recalibrated at least once every sixty (60) calendar days. If Hazardous Waste is found within a Load of Program Materials delivered to the Designated Recycling Facility in a City Vehicle, the Contractor shall immediately: (a) take photographs of the Hazardous Waste; (b) take photographs of the truck that delivered the waste to the Designated Recycling Facility; (c) take photographs of the truck number; (d) record the truck driver's name and pertinent information concerning the source of the Hazardous Waste, if known; and (e) notify the Director. The Contractor shall properly isolate, containerize, and dispose of the Hazardous Waste in accordance with Applicable Law. The Contractor shall have the burden of demonstrating that the Hazardous Waste was delivered to the Designated Recycling Facility in a City Vehicle. The City shall reimburse the Contractor for all reasonable, documented, out-of-pocket expenses the Contractor incurs for the management and disposal of Hazardous Waste that was delivered to the Designated Recycling Facility in a City Vehicle. Transport, Processing, Marketing, and Disposal Upon acceptance of Program Materials at the Designated Recycling Facility, the Contractor shall bear all costs associated with Processing or Transporting Program Materials and marketing and transporting Recovered Materials. The Contractor is responsible for all costs of transporting and disposing non- recyclable materials, including Rejects and Residue, resulting from the Processing of Program Materials. Regarding the Program Materials or Recovered Materials obtained from Program Materials, the Contractor shall not knowingly provide such materials to a Person that will place such materials in a landfill, burn such materials in a waste -to -energy facility, or otherwise dispose of such materials. Record Keeping The Contractor shall create, maintain, and make available all the records required herein, as well as any records required under Applicable Law. The Contractor shall create, maintain, and make available to the City all the records reasonably necessary to demonstrate that the Contractor has performed all of its work under this Agreement in compliance with the requirements contained herein. The Contractor shall create and maintain records identifying the amount of Program Materials that were delivered to the Designated Recycling Facility by the City and its Contract Hauler (if any). The Contractor's records shall clearly distinguish between the Program Materials delivered by or on behalf of the City and the materials delivered by other Persons. The Contractor shall maintain its records in an organized, up-to-date manner, in accordance with generally accepted management principles and practices. The City shall have access to the Contractor's books, records, and documents for inspection, review, and copying in Miami -Dade County during normal business hours, within five (5) Working Days after the City request for such records. The Contractor will provide appropriate facilities for conducting such inspection. The Florida Public Records Law may be applicable to the Contractor's records or documents pertaining to this Agreement. The Contractor agrees to comply with all Applicable Laws, including the applicable provisions (if any) of Section 119.0701, Florida Statutes as provided for in the Professional Services Agreement. The Contractor will maintain and allow access to the books, records, data, documents, and reports relating to this Agreement in accordance with the records retention requirements set forth in Florida law or for five (5) years after this Agreement expires or terminates, whichever is later. Reporting Prior to the fifteenth (151") calendar day of each month during the term of this Agreement, the Contractor shall submit a report electronically to the Director, in a format approved by the Director. The report shall identify the total tonnage of Program Materials delivered to the Designated Recycling Facility by the City and its Contract Hauler during the previous month. The report shall contain a breakdown of such deliveries by delivery date and time, vehicle number, and quantity per vehicle. Within thirty (30) days after the end of each Contract Year, the Contractor shall provide the Director with a report summarizing the total Tons of Program Materials delivered to the Designated Facility by the City and its Contract Hauler during the Contract Year and the net tonnage diverted from disposal. Additionally, the Contractor shall provide the City with a copy of the Contractor' s annual report to FDEP, summarizing the Recyclable Materials deliveries by type, quantity, and source The report shall be provided to the City within fifteen (15) days after the report is submitted to FDEP. At least fifteen (15) days prior to the end of each Contract Year during the term of this Agreement, the Contractor shall ensure and certify to the City that certificates of insurance are current and on file with the City. Public Education and Information The Contractor shall, at no cost to the City, provide an educational presentation concerning the Designated Recycling Facility at two (2) events per Contract Year, if such presentations are requested by the City. The Contract or shall, at no cost to the City, provide tours of the Designated Recycling Facility and Designated Processing Facility for the benefit of the City and its invitees/ guests. The City shall provide the Contractor with at least ten (10) calendar days' advance notice of such tours. The Contractor shall provide personnel to lead the tour, and the Contractor shall provide all necessary personal safety equipment. Prior to conducting any tours, the Contractor shall designate the areas where tour -group participants can safely observe the operations of the facility. Contractor reserves the right to limit the number of tours to twelve (12) each calendar year. City of Miami, Florida Contract No. EMG 24-25-005 EXHIBIT B INSURANCE REQUIREMENTS 16 INSURANCE EXHIBIT B INSURANCE REQUIREMENTS RECYCABLE PROCESSING CENTER Commercial General Liability A. Limits of Liability Bodily injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required City of Miami listed as an additional insured Primary insurance Clause Endorsement Premises and Operations Liability Contingent and Contractual Exposures 11, Business Automobile Liability $1,000,000 $ 2,000,000 $ 1,000,000 $1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $ 100,000 for bodily injury caused by an accident, each accident, $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit [V. Pollution Liability Each Occurrence Policy Aggregate City of Miami listed as an additional insured. $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no Icss than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. City of Miami, Florida Contract No. EMG 24-25-005 EXHIBIT C CERTIFICATE OF INSURANCE 17 AcoRbe CERTIFICATE OF LIABILITY INSURANCE `...---- I/1/2026 DATE (MWODIYYYY) 12/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES, LLC 3657 I3RIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 CONTACT NAME: - PHONE FAX Exn: (ac, Nat: NAIC 0 EE--MCi4No IL ADDRESS: INSURER(S) AFFORDING CaVERAGE INSURER A: Indemnity Insurance Co afNorth America 43575 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATEf NsuRER s :ACE American lnsuranch Company 22667 1300436 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT OF DADE COUNTY 8801 NORTHWEST 9IST MEDLEY FL 33178 INSURER c : ACE Fire Underwriters Insurance Company 20702 INSURER D .ACE Property and Casually Insurance Company 20699 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 11294255 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN- e D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OT I OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES e' e- I HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY P I Okir MS. INSR TYPE OF INSURANCE ADDL INSR SUBii WVO POLICY NUMBER POLICY EFF (MMIDD : UP --•lYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y HDO G48900793 /��` / \� 1/1/2( `�[ lam/ .. 1 12026 EACH :•CCURRENC_ S 5,000,000 CLAIMS -MADE X OCCUR PREM 5 S (1 Ee occurrence) i 5,000,000 i XXXXXXX X XCU INCLUDED MED EXP (Any one person) X ISO FORM CG00010413 PERSONAL & ADV INJURY S 5,000,000 GEL AGGREGATE LIMIT APPLIES X PER- LOC GENERAL AGGREGATI- S 6,000,000 PRODUCTS - COMP/OP AGG S 6,000,000 S B AUTOMOBILE x X X X LABILITY ANY AUTO OWNED _,NON-O X SCHEDULED AUTOS AUTOSW NLY y y MMT H 1082235r!I / - O �`[/Y/_ :;)�' 25 1 1202G COIABINED SINGLE LIMIT $ BODILY INJURY (Per pers::n) $ XXXXXXX BODILY INJURY (Par accident) $ XXXXXXX (Per PROPERTY DAMAGE S XXXXXXX s XXXXXXX D x UMBRELLA LAB EXCESS LIAR X OCCUR C-AIM, MADE Y Y 2792924 XG VVV `! 1/1/2025 I 12026 EACH OCCURRENCE S 15,000,000 AGGREGATE $ 15,000,000 DEO RETENTIONS S XXXXXXX A B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROARIETORIPARTNERIEXEGI,TIVE �Y! N OFFICER/MEMBEREXCLUDEDT L�'b (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below . , Y WLR C72629668 ((AOS} WT.R C72629620 CS)& MA) SC1• C7262970A (WI) I/l l2025 1/1/2025 1/1/2025 112026 1 1 2026 I 1 2026 PER OTIi- X STATUTE ER E.L. EACH ACCIDENT S 3,000,000 E.L. DISEASE - EA EMPLOYEE S 3,000,000 E.L. DISEASE - POLICY LIMIT S 3.000.000 B EXCESS AUTO LIABILITY Y Y XSAH10822269 1/1/2025 112026 COMB31NEDSINGLE LIMIT S9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addllonal Remarks Schedule, may be attached If more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND TI IE POLICY TERM(S) REFERENCED. ADDITIONAL INSURED IN FAVOR Or CITY OF MIAMI ON " I Ili GENERAL LIAI3ILITY AND AUTOMOBILE LIABILITY POLICIES WHERE AND TO TI Ili EXTENT REQUIRED BY WRITTEN CONTRACT BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TOTHE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. THE INSURANCE AFFORDED TO THE ADDITIONAL INSURED AS DESCRIBED IN TIIIS CERTIFICATE OF INSURANCE FOR WORK PERFORMED BY THE NAMED INSURED IS PRIMARY AND NON-CONTRIBUTORY TO ANY SIMILAR COVERAGE MAINTAINED BY THE ADDITIONAL INSURED WHERE AND TO THE EXTENT REQ4. IRED BY CONTRACT. CERTIFICATE HOLDER CANCELLATION 11294255 CITY OF MIAMI 444 SOUTH W1:S f 2N1) AVENUE MIAMI FL 33130 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD De Vito, Daniel From: Sent: To: Cc: Subject: Daniel The COI is adequate. Rega rds, Quevedo, Terry Thursday, January 9, 2025 3.11 PM De Vito, Daniel; Gomez Jr., Francisco (Frank) Aviles, Yesenia RE: PROCUREMENT INSURANCE REVIEW FOR WASTE MANAGEMENT INC X4.4".�o City of Miami Risk Management Department 9,h Floor 444 SW 2" Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax 'I'quevedo(a)!J lit T1 IHCIv.COTT] ,.$fig. ci oei . a.rd oaT Q� Q From: De Vito, Daniel <DaDeV o@miamigov.com> Sent: Thursday, January 9, 2025 2:56 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR WASTE MANAGEMENT INC Good afternoon team, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Contract Details Contract Number Contract Name Contract Type Agency Suppliers Award Date Effective Date Expiration Date No. Of OT OTR Contract Thank you! Sincerely, 495344 (24) COMMERCIAL SOLID WASTE HAULING SERVICES RFQ City Of Miami 3 & M Scaffolds of Florida, Inc.; Lopefra Corp,; Pronto Waste Services, Inc.; Eastern Waste Systems, Inc.; Great Waste and Recycling Services LLC•.--ste Management Inc. o • a Bicon, Inc.; Wastnections of Florida, Incstal Waste & Recycling of da, Inc. Daniel De Vito Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 Office. (305) 416-1922 1 Email: Dadevito{cimiamigov.com Visit us online. Vendor Registration click here. "Serving, Enhancing, and Transforming our Community" Mission: The City of Miami Department of Procurement's mission is to ethically procure quality goods and services, design, construction and construction management services at the best value for the City, while providing excellent customer service, process efficiency, transparency, fairness. competition, accountability, and maintaining public trust. Please consider the environment before printing this e-mail CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination. distnbution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you 'Please Note: Due to Florida's very broad public records taw, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. City of Miami, Florida Contract No. EMG 24-25-005 EXHIBIT D CITY RESOLUTION NO. _ (To be provided upon document execution) 18 EXHIBIT E Docusign Envelope ID 7CC4668A-D3D0-42CE-B20E-CCAFF2A130C5 WASTE MANAGEMENT INC. OF FLORIDA ACTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS The undersigned, being all the directors of Waste Management Inc. of Florida, a Florida corporation (the "Company"), do hereby consent to the taking of the following actions: WHEREAS, Waste Management Inc. of Florida, a Florida corporation, desires to enter into an agreement with the City of Miami for the purpose of processing the City's single stream recyclable materials described in Contract No. EMG 24-25- 005 (the "Agreement"); and WHEREAS, the Board of Directors by written consent has considered the matter in accordance with the bylaws of the Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Company is authorized to enter into the Agreement with the City, and the President and the Secretary or any Assistant Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. The Secretary or Assistant Secretary of the Company is directed to file a copy of this written consent with the minutes of the proceedings of the Board of Directors of the Company. Date: June 16, 2025 DocuSipned by: i 9F0C0492EBOCID1... Courtney A. Tippy, Director LDocuSipned by: iL4 David M. Myhan, Director City of Miami, Florida Contract No. EMG 24 25-005 EXHIBIT F Anti -Human Trafficking Affidavit 20 ANTI -HUMAN TRAFFICKING AFFIDAVIT I. The undersigned affirms, certifies. attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State. Division of Corporations. b. The nongovcrnmcntal entity is either executing, renewing, or extending a contract (including. but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities. boards. trusts. or other City entity which constitutes a governmental entity as defined in Section 287. I38(1). Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovcrnmcntal entity does not use "coercion" for labor or services as defined in Section 787.06. Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit- I . 2. Under penalties of perjury. 1 declare the following: a. 1 have read and understand the foregoing Anti -I luman Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. 1 am an officer or a representative oldie nongovcrnmcntal entity authorized to execute this Anti- luman Trafficking Affidavit. Nongovernmental Entity: Waste Management Inc. of Florida Name: jjtayidAmyixtea Signature of Officer: Office Address: 1800 N. Military Trail, Suite 201, Boc Email Address: Dmyhan@wm.com FEIN No. 5/9 -1 /0 /9 /4 15/ 1/8 STATE OF FLORIDA ) COUNTY OE: M *MI d ch ) Officer Title: President aton FL 33431 Main Phone Number: 954-984-2035 The foregoing instrument was sworn to and subscribed before me by means of GI physical presence or 0 online notarization, this 19 day of June 2025 by David M. Myhan , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. col. T. HOULMAN• MYCOMIAISSION HH56407g Signature of Person I aking Oath 1a(PIFtES:August2,2f>�28 My Commission Expire;: (Printed, Typed, or Stamped Name of Notary Public) LXIIIiiIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STAT[ TES (2024) Select Year: 2024 v The 2024 Florida Statutes Titjg Qmpter 787 View Entire XLYI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED QRIK CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.063, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (e)1. For tabor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental, entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch, 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright c 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, June 26, 2025 2:28 PM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha; Fossler, Thomas Subject: Recycling Service Agreement Waste Mgmt (matter 25-551) Attachments: Recycling Service Agreement Waste Mgmt (matter 25-551).pdf Good afternoon Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Frankeetha: Please close Matter 25-551. Thank you, Aimee) nec Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E adandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i