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HomeMy Public PortalAbout19-9678 Commercial Solid Waste and Disposal Service FranchiseSponsored by: City Manager RESOLUTION NO.19-9678 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE CURRENT COMMERICAL SOLID WASTE COLLECTION AND DISPOSAL SERVICE FRANCHISE AGREEMENT WITH GREAT WASTE, INC., AND WASTE MANAGEMENT, INC. OF FLORIDA FOR A MONTH -TO - MONTH PERIOD TO ALLOW THE PROCUREMENT PROCESS TO BE COMPLETED; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Commission of the City of Opa-locka, exercised the renewal provisions of the initial contract for commercial solid waste collection and disposal services agreement with Great Waste, Inc., and Waste Management, Inc. of Florida on July 26, 2019; and WHEREAS, the renewed agreements are set to expire on July 27, 2019; and WHEREAS, It is in the best interest of the City to extend the current agreement for a month -to -month period in order to conduct the Request for Proposal process and to avoid a health hazard from occurring within the City; and WHEREAS, The City Commission desires to authorize the City Manager to exercise a month -to -month provision with Great Waste, Inc. and Waste Management of Florida, Inc. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. City Commission of the City of Opa-locka directs and authorizes the City Manager to exercise a month -to -month period for Commercial Solid Waste Collection disposal agreements with Great Waste and Waste Management of Florida, Inc. Section 3. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. Resolution No. 19-9678 PASSED AND ADOPTED this 24th day of July, 2019. Attest to: Joa a Flores Cit lerk Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Bass: Commissioner Burke: Vice Mayor Davis: Mayor Pigatt: MA THEW PIGATT MAYOR Approved as to form and legal sufficiency: Burnadette Norris- eeks, P.A. City Attorney COMMISSIONER KELLEY COMMISSIONER BURKE 4-0 YES YES. YES YES ABSENT 2 City of Opa-Locks Agenda Cover Memo Department Director: Airia Austin Departmentdi Director;; Signature: ._ - -- City Manager: Newall J. Daughtrey CM Signature: _ Commission Meeting Date: 07.24.19 Item Type: (EnterX in box) Resolution rdinan they X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (Enter X in box) Is, Reading 2" Reading x Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational is Bus. & Economic Dev im Public Safety MI Quality of Education Qual. of Life & City Image EN Communcation MI Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name City Manager Department: City Manager Short Title: A resolution of the City Commission of the City of Opa-locka, Florida authorizing the City Manager to extend the current Commercial Solid Waste Collection Franchise Agreements with Great Waste and Recycling Services, Inc. and Waste Management Inc. of Florida for a month -to -month period. Staff Summary: Staff is requesting approval to extend the contacts for a month -to -month period to prevent any lapse in service. Proposed Action: Staff recommends approva! from the City Commission. Attachment: (Vice 02 tKe Di/Lanky, To: Newall J. Daughtrey Acting City Manager Telephone: (305) 953-2821 Email: njdaug_htreva:opalockafl.gov MEMORANDUM Mayor Matthew A. Pigatt Vice Mayor Chris Davis Commissioner Sherelean Bass Commissioner Alvin Burke Commissioner Joseph L. Kelley Date: July 24, 2019 Re: Emergency Declaration in compliance with Section 2-320 (i) The current Commercial Solid Waste agreements between the City of Opa-locks and Great Waste, Inc. and Waste Management, Inc. of Florida are set to expire on July 27, 2019. This situation is due to the extensive amount of questions asked during the current RFP process which caused a significant delay in receiving proposals. I am recommending that the Commission approve the current waste haulers to provide month -to -month services to allow sufficient time for the completion of the procurement process. In an effort to prevent harm to the City and its business community, I am declaring an emergency to enable the most expeditious, effective process which will avoid service interruptions. I hereby certify that the information provided above is true and correct to the best of my knowledge. Enclosures Ne11 J. Daughtrey, Actil City zinager Not Airia Austin, Public Works Director ***END*** 9 0fce d Newall J. Daughtrey Acting City Manager To: Honorable Mayor/City Commission From: Newall J. Daughtrey, Acting City Manager Date: July 24, 2019 Telephone: (305) 953-2821 Email: njdaudtreygopalockatlanv Re: Request to extend Waste Hauler Agreements with Great Waste and Waste Management The City currently has an RFP for Commercial Solid Waste Collection which we have received a high volume of questions. As a result of the questions the bid closing has been extended multiple times to respond to the questions and allow the contractor's sufficient time to provide a response. By extending the deadline several times this has caused us to vastly approach the current contract expiration date. The current RFP is due on August 1, 2019, therefore I am requesting approval to extend the current agreements with Great Waste and Waste Management to prevent any lapse in commercial solid waste collection services. The month -to -month extension is needed to prevent an immediate danger to the public health, safety, and welfare of the City. Staff will continue the current RFP process and present it to the City Commission for approval. Should you have any questions and/or concerns please feel free to contact me. ***END*** Sponsored by: City Manager RESOLUTION NO.18-9513 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXERCISE THE RENEWAL PROVISIONS IN THE COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENTS WITH GREAT WASTE, INC., AND WASTE MANAGEMENT, INC. OF FLORIDA, PAYABLE FROM ACCOUNT NUMBER 35-534340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Commission of the City of Opa-locks, entered into commercial solid waste collection and disposal services agreements with Great Waste, Inc., and Waste Management, Inc. of Florida on July 21, 2017 ; and WHEREAS, the original term of the agreements are set to expire on July 20, 2018; and WHEREAS, the City needs to extend the terms of the agreements in order to conduct the Request for Proposal process to retain a new commercial solid waste provider (s) and to avoid a health hazard from occurring within the City; and WHEREAS, The City Commission desires to authorize the City Manager to exercise the one year renewal provisions of the commercial solid waste collection disposal agreements with Great Waste, Inc., and Waste Management of Florida, Inc. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Commission of the City of Opa-locks directs and authorizes the City Manager to exercise the one year renewal provisions of the commercial solid Resolution No. 18-9513 waste collection disposal agreements with Great Waste and Waste Management of Florida, Inc. payable from account number 35-5343407 Section 3. This Resolution shall take effect immediately upon adoption, and is subject to approval of the Governor of the State of Florida or his designee. PASSED AND ADOPTED this 20t day of Tuly, 2018. Attest to: JoFlores City Clerk Moved by: Seconded by: Commissioner Vote: Commissioner Holmes: Commissioner Riley: Commissioner Pigatt: Vice Mayor Kelly: Mayor Taylor: Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Vice Mayor Kelley Commissioner Pigatt 4-0 NOT PRESENT YES YES YES YES City of Opa-Locks Agenda Cover Memo Department Director: Airia Austin Department Director Signature:. sf-- -- ' Fiinance Director: Bryan Hamilton FD Signature: Department Acting City Manager: Newall J. Daughtrey CM Signature: Commission Meeting Date: 06/20/2018 Item Type: (EnterX in box) Resolution O Juan er X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (EnterX in box) ist Reading 2nd Reading X Public Hearing: (Enter Xin box) Yes No Yes _ No x X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational IN Bus. & Economic Dev Cl Public Safety !m Quality of Education IN QuaL of Life & City image N Communication mi Strategic Plan Obj./Strategy; (list the specific objective/strategy this item will address) x Sponsor Name City Manager Department: City Manager Short Title: A resolution of the City Commissions of the City of Opa-locks, Florida authorizing the City Manager to extend the Commercial Solid Waste Collection Franchise Agreement, with Great Waste and Recycling Services Inc. and Waste Management Inc. of Florida Staff Summary: Staff recommends the extension of this contract for one (1) year Proposed Action: Staff recommends the approval of this extension. Attachment: 1. Agenda 2. Extension Agreement 3. Financial receipt report of Franchise Fees 4. Original contract agreements " THE GREAT CITY " eaPA-LACIRA gfra. MEMORANDUM TO: Newall J. Daughtrey, City Manager FROM: Airia Austin, Public Works Director DATE: July 19, 2018 RE: Recommendation to Extend Commercial Waste Hauling Franchise Agreement We are hereby recommending the extension of the commercial waste hauling franchise agreement, between the City of Opa-locks and our two waste haulers. Great Waste and Recycling Service Inc. and Waste Management Inc. of Florida. These contractors lived up to their contractual obligations. The combined franchise revenue received from these vendors to date is $514,154.16 In the coming months we will assemble an RFP for these services, to be awarded prior to the expiration of this extension. 780 FISHERMAN STREET, OPA-L:OCKA, FLORIDA 33064 (305) 953-3058 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP O r gL6 00'SL6 BZ6Z6EETOo NO3HO 00' ZNHWHSVNVW HISVM VXXHHHI a?iZTZT LT/ZI/ZI 8960SIO0OZO 00'056 OLIETE TOO OTOTOT TOO WOW HISVM - SSIHONVH3 66E66H0 MIA I 00'056 00'001 S9650£ET00 MOM 00' INRIHOVNVW 3ZSVM VMH2EIHH aH5TIT LI/SI/IT Z9E86T000ZO 8L'OLBLZ ❑LI£TE TOO OTOTOT TOO NOW HIM - 3SIHONVV3 E6E66H0 MIA I 8L'OL8'LZ SL'8L8'LZ SBOTTEET00 HOMO 00' SNHw3OVNVw HISVM V}I)iam a It TIT . 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HMJ T OTLT k03HO 07,03H 9 3ZSVM MUD tdMSHE &DOM 131/60/TO 9TEZ5T000Z0 TOO OTOTOT TOO NISVM IV3xD-3SIHONVNA OSE66ND NMJ T 09ET NO3HO 0A03H 9 SISVM ZV7ND Vxx3HNH d216ZTT LT/6Z/TT L6S66T000ZO TOO OTOTOT TOO NSSVM SV3TIJ-3SIHONVVJ 9EE66ND NM9 i 9ZZT X03H0 OAO3H 9 31SVM ZV HD V}1N3H3N d2160TT LT/60/TT LE6L6T000Z0 TOO OTOTOT TOO NZSVM IligHO-3SIHONVV3 66Z86VD HMO T 95EET )103110 OAO3U 3 =AM ZV7HO VMWEII i (1E6160 LT/6T/60 BLTE6TOOOZO xNAOWV IN roNa loaroud IOV CIRNO ZOV MO 4Nna NI- 30IOANI/ZdINDS3a OI HalloIsno MOD ANN NI 7V101 ZNDOHV AVd ON 33N3N3JaN NdAI AVd IIQ3LiO' 43IZddV T NOW 3WVN ENNOZSQO IN0d3E 7IV1303 ZdI3D2N V11007 Va0 30 AZIO 33AOZdH3 HOZVS NZVO 1aI3031I BT/OZ/LO Eb'L90'6ST 00' 00' 00' E6'L90'65T 7V101 SNnoWK HHHao 00' mum aamadv 96'ESTZT 96'EST'ZT 00' ES'68TZT ES'68T'ZT 00' 6S'69EET 65'69E'£T 00' LS'69ZZT 96'£ST'ZT ES'68T'ZT 6S'69E'ET ZNnOWY ZI MO TTT£TE TTT£TE TTTETE METE INnOWK HSVO SNnOWH x03H0 TOO OTOTOT TOO SSSVM SEZE X03H0 0X0311 9 HISYM S 9 TOO OTOTOT TOO 3ZSKM 8 L T E ?I03H0 3SSKM 1V2149 TOO M U T 8TTE ITAI9-3S I HONVNa VNN38311 ZY32I9-3SIHONVM3 VNZN3S TOO 3SSYM IV3210-3SIHONVILI x03H0 0x0321 9 SSSVM SV2N9 V)13138N11 TOO OTOTOT TOO 3SSHM IK3M9-3SIHONVEA STVIOI DIOdaN 86096110 UM9 I dli6TL0 81/61/L0 BOOZLTOOOZO 913096110 2IM9 T dHTTLO BT/TT/LO OZOTLTOOOZO SL096110 HMO T d1190L0 8T/90/LO S6ZOLT000ZO ZS096110 NMO I minowy 10V rotta Z03rma ZOV 03110 TV101 ZIQ3N0 caludY Z 20Vd ZNnOWH XVd ON 30N3113JUN 10V HSYO QNn3 N'I- 3dAI XVd RWVN 113W0uSn0 30IOANI/SdIuosa l 33XOTdW3 HOIVH QI li3jn10,LSn0 3Q00 Aau NI 3.L�fQ Sd I3031I Sll0d311 'II` ISO 1dI30311 VX00'I Kd0 30 UM BT/OZ/LO COMMERCIAL SOLID WASTE COLLKTION FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT ("Franchise Agreement") made and entered into this day of 0244-‘1 , 2017 by and between CITY OF OPA-LOCKA, FLORIDA, hereinafter to as the "City", and j��✓ei here $er referred to as "Franchisee". Jli Pursuant to Sections 166.021 and 403.706, Florida Statutes, and Ch. 11 of the Code of Ordinances of the City of Opa-Locka, Florida, the City is authorized to operate a Commercial Solid Waste Management Program within its boundaries and enter into Franchise Agreements to provide for the, collection of Commercial Solid Waste. In consideration of the premises and mutual promises and conditions contained herein, it is mutually agreed as follows: SECTION 1-DEFINITIONS, For the purposes of this Franchise Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall' is always mandatory and not merely directory. For the purposes of this Franchise Agreement, the following words shall have the following meanings: A. "City" shall mean the City of Opa-Locka, Florida. B. "City Commission" shall mean the mayor and four (4) commissioners elected from the City of Opa-Locka, Florida. C. "City Manger" shall mean the chief administrative officer of the City. The City Manager shalt be responsible to the Commission for the administration of all City affairs and for carrying out policies adopted by the Commission. D. "Code" shall mean the Code of the City of Opa-Locka, Florida as may be amended from time to time. E. "Commercial account" means any hotel, motel, rooming house, tourist cabin, trailer park, bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple -story condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other than residential unit including the collection and disposal of construction and demolition debris. F. "Commerdal Business or Establishment' means and includes all retail, professional, wholesale and industrial facilities, governmental and quasi -governmental establishments and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. G. "Commercial Property" means any hotel, motel, rooming house, tourist cabin, trailer park, bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple -story condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other than residential unit. H. "Commercial Solid Waste" means every waste accumulation, including but not limited to, dust, paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable material, (excluding recovered materials at commercial establishments as defined by Section 403.703 of the Florida Statutes) garden and yard clippings and cuttings, bulky waste and other 'waste which is usually attendant to the operations of commercial business or establishment or commercial property, I. "Commercial Solid Waste Service" means the motion and disposal of garbage` trash, recycling, construction and demolition debris, solid and process waste for all commercial se :Runs. J. "Compacting Services" means all equipment, processes or methods by which waste is reduced in size or volume for disposal, including any packaging thereof, and includes, without limitation, rental flees, maintenance fees, set-up fees or any other charges associated with such services. Rates for customers utilizing compaction services of any type, whether through traditional solid waste equipment or any other mechanical means, shall be considered and billed to customers in accordance with "compaction rates" as referenced in Exhibit 13 to this agreement. K. "Construction and Demolition Debra' awns materials generally considered to be not water soluble and nonhazardous in natmm, iodudin& but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the oonstzuctioa or destruction of a strucene as part of a construction or demolition project, and including rocks, sacs, nee remains, trees, and other vegetative matter wfiith normally results from hind clearing or land development opt for a construction project, inchrdiug such debris from corattruction of structures at a site remote from the construction or demolition project site. L. "Franchise Averment" means an exclusive agreement, and all went extensions or amendments thereofbetween the City and a qualified firm to provide commercial solid waste services within the atty. M. "Franddse Foes" shalt apply to commercial accounts and include, but not be limited to, a pie of gross revenuer received, vinous one-time lees and temporary hop-o$>coahainer permit fe (s). N. "Gross Revenue Received" means all monies resulting from all transactions and activities, within the city, in the Franchisee's regulate{ course of business and trade including garbage, industrial, solid waste, used cooking oil waste, enviroomenttd charges and fees, containerized waste, equipment rental crud leasing, fuel surcharge, construction acid demolition debris, roofing materials, trash, litter, maiatentace, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling, (excluding recovered materials at eonunercial establishments as defined by Section 403,703 of the Florida Ste) or from any other source related directly or intrectly from waste collection iorn services, inclu dirhg. but not limited to, all income derived from leasidg and resting of real or tangible personal property, the the of dump trucks, gtapping trucks, roil -off tracks, trailers, roll -offs, banned in, flamed, fenced in, or otherwise designated stomp areas, etc,. containers, bagstets. chutes, sad any other vehicles and equipment used for collection and disposal of any debris by the Franchisee, exclusive of taxes as provided by law and franchise fees to the City due under this Agreement, whether wholly or partially collected within the city and less bad debts. Gross revenue received shall not include income derived from the banspo tation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined. C. "Narardons waste" means solid waste, or a. combination of soled wastes, which, because of its query, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly oontrabute to, am increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise mangy. The term does not include human remains that are disposed of by persons licensed under chapter 497 of Florida Statute. P. "Public records" means all documents, papas, letters, maps, books, tapes, photographs, films, sound recordings, data processing software. or other material; regardless of the physical form, characteristics, or means of transmission, made or received pu rs ant to law or ordinance or in connection with the transaction of official business by the City. 2 Q. "Recovered Materials" means, as defined by Section 403.703 of the Florida Statutes, metal, paper, glass, pig teactik, or rubber materials that have known recycling potential, can be fpesibly recycled, and have been divested and source separated or have been removed from the solid waste stream for sale, use, or raise as raw mmtaials, whether or not the materials require subsequent processing or separation from each otlmr, but does aot include materials destined for any use that constitutes disposal. R. "Roll -of or Construed i a Dompsterm mauls an approved open metal container without wheels, with capacity up to forty (40) cubic yids, used at cow sines for the purpose of rranoving construction and demolition debris, which inchdees roc*, metal and other materials which are heavy in weight or sobstanial in size, used in aeon with a construction aadlor demolition project. S. "Solid Waste" melons dude: unregulated under the federal Clean Water Act or Clam Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbege, trash, waste, special waste, or other diaaatde d material, including solid, liquid, aanisolid, of cunata mood gaseous material resulting from domestic, industrial, commexmt, mites& dal, orgovanmental operations. T. "Source Separated" means recovaed materials that are serrated from solid %easte at the location when the recovered materials and solid waste are generated. The term does not requite that various types of recovaed materials be sepaated from each other, and recognizes der mibimis solid waste, in accordance with industry standards and practices, may be included in the recovered mattaids. Materials are not eoosidaed source separated when two (2) or more types of recovazd materials are deposited in cosnbinatioea with each other in a commaecial collection container located where the materials are generate d sod when snob materials contain more than tea (I0) percent waste by volume or said materials veal be considered solid waste. For purposes of this Fie Agreement, the term "various types of recovered mereriala" mesas metals, papa', glass, plastic, Iznik% and rubber. Any other Words or Terms used herein which are not defined in this Section shall have their normal dictionary mauling and customary usage unless such tarns are defined in City Code, is which case they shall have the meaning set forther:rein. SECTION 2. GRANT OR FRAXCIIISE A. The City and Franchisee mutually agree, as a materiel consideration for this Franchise Agreement that only two (2) fianchises shall be awarded for Commoaal Solid Waste Services in the City. Franchisee is hereby granted a franchise, including every right and privilege appatainiag thereto (except as otherwise limbed by the Code, and/or by present or future Fedaal, Side and Comity ordinances and laws), to operate and mains a Commacial Solid Waste Service, in accordance with this Frnmchise Agreement and as permitted under the Code, in, upom, ova, and amass the pr san and future street, allays, bridges, easements and other public rights -of -way, propuxty(iea), andffor facility(ies) within the limits of the City, for the propose of c neding and disposing of Caamarial Solid Waste, generated by the citizens, residues, inhabitants, business enterprises, and alder entities dmrein. Except for Recovaed Materials otherwise provided for pursuant to the Code ardfor by prezent or future Federal, State our County ordinances and laws, Franchisee is hereby granted title to all of such Commercial Solid Waste generated ated within said boundaries, &sofa as the City can establish its legal right to make such grant of tide. B. The City hereby issues a limited, non-exclusive franchise to Franchise a to engage in a Connmerrcial Solid Waste Service within the City and to service Commercial Businesses or Establishments by collecting Commercial Solid Waste in accordance with the provisions of the Code, City ordinances, this Franchise Agreement and the rules and regulations of the City applicable to the collection of Commercial Solid Waste. The franchise includes the furnishing and servicing of all Roll -off or Construction Dampsters, whether designated as temporary or permanent, to include construction and demolition debris. Moreover, this franchise sludl include the collection and disposal of construction and demolition debris in residential propaties of less than five (5) units. 3 C. Franchisee shall be permitted to collect Commercial Solid Waste from Commercial Businesses or Establishments within the City. All work relative to the collections contemplated in this Franchise Agreement shall be perforned as scheduled in a vwrkman-like manner: Upon completing each Collection permitted .hereamder, . Franchisee shall properly replace all dumpstexs and containers and leave the premises so serviced in a litter -free and sanitary condition. City shall use its municipal authority to ensure that all customers contract sufficient service levels such that all of the customer's Commercial Solid Waste is properly contained within the Franchisee's containers placed at the customers' properties, wherebythe container lids are able to close completely, flush with the top of the container: D. Franchisee shall be rewired to have valid vehicle permits for each collection vehicle. Each vehicle shall display said permit in a prominent and easily visible location. All vehicles shall be properly inspected by the appropriate governmental agencies. As necessary, the Public Works Department may inspect all vehicles for safety, cleanliness and proper licensing, etc. Each vehicle operated within the City shall be conspicuously marked on both sides of the vehicle in stenciled letters in an area of not less than thirty (30) inches by fourteen (14) inches with the following inf innation: Top line: City of Opa Locka, license number CP0005 wJ Second line: The Franchisee's name. 44-0ArkfliftSrE oot/10 dledt./ fie.d. il/eS G1.4( All markings shall be approved by the, public works department of the city_ E. If the aty determines that Franchisee has failed to comply with any of the provisions of this section, it shall notify Franchisee, in writing by certified mail, and demand that Franchisee cause the violation to be remedied within the presaibcd time. 'film violation has not been remedied within the prescribed time (which shall be no less than thirty (30) days), the (Sty Manager may commence proceedings to revoke the franchise of Franchisee in accordance with the applicable City Ordnance and tens of thisFranchise Agreement. F. The collection of commercial Recovered Materials shall not be exclusive to the Franchisee. The collection, transport, and disposal of Recovered Materials for recycling from Commercial Businesses or Establishments shall be an "open market" and non-exclusive to the Franchisee. However, all loads of Recovered Materials must be Source: Separated. Agcno V 3. GEOGRAPHICAL LIMITS OF THF._FR1KMISI K The area covered by this franchise is the area within the City limits, as they are now located and any areas which may at some fixture time be incorporated into the City. Fnmchisee agrees that the limits of the franchise are subject to expansion or reduction by annexation and e.ontraction of municipal boundaries and that Franchisee has no vested might in a specific area. Areas within the geographical boundaries of the Opa-locka Airport shall be excluded from this Franchise Agreement. SECTION 4. TE M The Franchise AgreemsCis granted for period of one (1) year subject to the provisions of Section 1 l -76 of the Code, commencing on the day of 2017, and terminating on the 2 day of -SON 2018, unless earlier terminated as a result of the failure of the Franchisee to comply with the Code and this Franchise Agreement to provide effective and efficient service, (initial Term). The Franchisee and City may mutually agree to renew the Franchise Agreement on the same terms and conditions as may be anodified and mutually agreed to, for a period of one (1) additional year. ,SECTION 5. FRANCHISE FEES AND REPORTING REOUIREMENTS 4 A. Franchisee shall comply with the following reporting requirements: 1. Commencing thirty (30) days after the date of the issnamce of this Franchise Agreement and =tinning monthly thereafter on the same day of each and every month, Franchisee shall file with the City Manager, on forms approved by the City, a report under oath designating the names and addressee of the Commercial Accounts savieed by Franchisee in the City for the preceding month togednar with the monthly (cross Revenue Received from each Commercial Account All twos provided by Franchisee shall be subject to random audits by the City. Franchisee shall immediately notify the City in writing of any necessary adjustment to its monthly report, which adjustments shell be made within twenty (20) days of written notice. 2. Cornmencing thirty (30) days after the dame of the issuance of this Franchise Agreement, Franchisee shall fib with the City Manager, on forms approved by the City, a monthly report indicating every Commercial Account acquired by Franchisee for service in the preceding month together with the contract amount(s) for such service. 3. Within thirty (30) days of the dose of Franchisee's fiscal year, but no later than February 1 Ss' of arch yaw, Fnunchisee shall file with the City Manager, on forms approved by the City, a report of Franchisee's annual Gross Revemne Received from Canrnercial Solid Waste Services performed within the City for the preceding fiscal year, certified by an independent certified public accountant. B. Franchisee shall pay the following: I . On an annual basis the Franchisee shall pay to the City the sum of $4,167.00, for the right to be one of two non-exclusive franchisees for Commercial Sand Waste Service within the City. 2. On a moodily basis, and simultaneous with the filing of each monthly report required above, Franchisee shall pay to the City a sum equal to twenty-eight as) percent of the monthly Gross Revenue Received, as reflected on each such monthly report, 3. On an annual basis, the Franchisee shell pay a foe of one hundred dollars (S 100.00) for Catch permanent Commercial Account contracted for Commercial Solid Waste Services. The permit per account fee may be charged as a pass through to the customer and not included in Gross Revenue Received. 4. The City shall also be entitled to annual occupational license Sees from the Franchisee, inspection fees, and liquidated compensatory damages for such accounts as the city may have had to service or caused to be serviced by Franchisee 5. On a quarterly basis, and simultaneous with the filing of its monthly report above, Franchisee shall pay the City a seventy-five dollar ($75.00) permit fee for every ninety (90) days for any and all construcdon dumpster or cull -off accounts. The 90-day permit fee may be charged as a pass through to the customer and not included in Gross Revenue Received 6. On an annual basis, and simultaneous with the filing of its report of annual Gross Revenue Received, Franchisee shall pay to the City an amount equal to one -quarter -of -one -percent (1/4%) of its annual Gross Revenue Received, to be applied by tie City for auditing of the Commercial Solid Waste Service. This annual audit fee shall be exclusive of, and in addition to, the fee based upon Franchisee's monthly Gross Revenue Received above. The means, method, and operation of this program shall be determined and implemented in the City's sole and reasonable diseretice. $ECTION 6. RANKKUF TCY OR INSOLVENT If Franchisee becomes insolvent, this franchise shall terminate, If Franchisee files a petition of voluntary 5 bankruptcy, or in the event of involuntary bankruptcy, this Franchise Agreement shall terminate no later than the date of filing of the banlnugtcy petition. 6ECTION 7. INDEMNIFICATION AND INISURANC K A. jpdeamification. Franchisee hereby agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and contractors against, and assumes all liability for, any and ali churn, suits. actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from Franchisee's, and/or ib officers', employees', agents', and contractors' activities and for the use of the public streets and/or other City property or rights -of -way, for the purposes authorized in this franchise and in the Code, and resulting or accruing from any negligence, wrongful act, omission, or error of the Franchisee, and/or its officers, agents, employees, and contractors. and/or arising from the failure or Franchisee to comply with each and every covenant of this franchise, or with the Code, or with any other Federal, State, County and/or City ordinance, law, or regulation applicable to Franchisee's activities, resulting in or relating to bodily injury, loss of life or limb, or damage to property sustained by any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to bold City, its officers, employees agents and contractors„ harmless from and against all judgments, °tiers, decrees, attomey's fees, costs, expenses and liabilities incunod in and rrsabing from any such claim, investigation, or defense thesreoC which may be entered, incurred, or assessed as a result of the forming. Franchisee shall defect, at its sole cost and expense, any legal action, claim or proceeding muted by any paw against the may, its officers, employees, agents or contractors, as a result of any claims, snit. or pause of action accruing from activities conducted by Franchisee authorized in this franchise, for injuries t4 body, limb, or property as set forth above; This Indemnity from Franchisee shall not apply to and shall eaoclude any Claims r+e:t lting or arising from the negligence or wrongful acts of the City or customers of Franchisee under thisFramchise Ate. B. Franchisee Insurance. Before actually commencing business, Franchisee shall obtain the hollowing insurance from a firm with a minimum rating of "A3" from Moody's Investor Service and shall furnish the original liability policy to the City Clerk with a certificate of insu rune far all policies written in Franchisee's rime. This certificate shall provide that the policies contain as endorsement requiring that the City shall be furnished, within ten (10) days, written notice by aegiatued mail prior to amcellation or material change in any policy. The sufficiency of the insurance shall be certified by the City Manager prior to commencing business. Termination of irsuraoce coverage shall autonnadcally terminate the right of Franchisee to °penile within the City. I . Warloet'aomneasation: Franchisee shall carry, with a compuuny authorized under the laws of the State of Florida, a policy to protect against liability under the workmen's coaupensadon and occupational diseases statutes of the State of Florida. 2. Automobile Liability Insurance: Franchisee shall carry, in its own name, a comprehensive policy to insure the entire automobile liability of operations with limits not less than one handfed thousand dollars ($100,000.00) each person and throe hundred thousand dollars ($300,000.00) each accident bodi ly injury liability, and fifty thousand dollars ($50,000.00) each accident for property damage liability per vehicle. In addition to the above insurance there must be excess coverage to at least one million dollars ($1,000,000.00). 3. General Liability: Franchisee shall carry, in his own name, a comprehensive liability policy for operations other than automobile with limits of at least one hundred thousand dollars ($100,000.00) for each parson and three hundred thousand dollars ($300,000.00) for each accident bodily injury liability, and fifty thousand dollars ($50,000.00) each accident for property damage liability. 4. Umbrella Liability. In addition to the above limits, the Franchisee shall provide at least a S1,000,000 umbrella or excess liability insurance policy. S. Liability of the City. The above insurance requirements shall not be construed as imposing upon the City, or any official or employee thereof, any liability or responsibility for damages to any person injured, or any property damaged, by Franchisee ,SECTION 3. REVOCATION OF FRANCHISE Failure on the part of Franchisee to comply in any material way with the provisions of the Franchise 6 Agreement or the Code, or other Applicable Laws shall be grounds for revocation or termination of the franchise, which tr urination shall be in accordance with the Code, and shall be effective upon written notice to Franchisee. Prior to any revocation under this section, the City shall provide Franchisee written notice of the ran -compliance and a thirty (30) day period to cure any such non-compliance. $ECTION 9. REPORTING: ACCOUNTING: AUDIT Franchisee shall keep an accurate set of books and records in accordance with general accounting principles, reflecting the Gross Revenue Received derived under and pursuant to the franchise rights granted herein. The City shall have the right with reasonable notice to audit Franchisee's books and records as provided in this Franchise Agreement and the Code. sp['TIO1111o_ COLLECTION EQUIPMENT Franchisee shall have on hand, at all tunes daring the term of the franchise, sufficient personnel and equipment to permit Franthisee to fully, adequately, and efficien iy perform its duties herennda. Collection equipment shall be kept dean, sanitary, neat in appearance, and in good repair and working order at all times. Franchisee shall at all times have available to it reserve equipment, which can be put into service and operation vrithin two (2) hours of any breakdown. Such reserve equipment shall substantially correspond in sire and capability to the equiprmart Donnelly used by Franchisee to perform ib duties hereunder. alfaCINELILLUISEMilt All Commercial Solid Waste shall be hauled to sites or facilities legally empowered to accept it for treatment or disposal. SECTION 12. COLLECTION SERVICES AND OPERATIQNS Franchisee's procedures for collection of Commercial Solid Waste shall be in keeping with all provisions of the Code and other Applicable Laws. SECTION 13. STORMS AND OTHER EMERGENCIES In case of an unususlly severe storm, and/or other extreme acts of weather (including, without limitation, tropical storms, tropical depressions, hurricanes, floods, tornadoes, etc.) or disruption caused by other emergencies not caused by Franchisee, the City Manager may grant Franchisee reasonable variance from its regular schedules. As soon as practicable after such storm„ act of weather. or other emergency, Franchisee shall inform the City of the estimated time required before regular schedules and routes can be resumed and, upon request of the City Manager and in such farm as determined by the City Manager. Franchisee shall provide notice of same to its Commercial Account clients in the franchise area. ,SFCTIO jd. NON WAIVER The failure by the City or Franchisee at any time to require performance from the other party of any provision hereof, or of any other Applicable Laws, shall not in any respect limit, prejudice, diminish, or constitute a waiver of any rights by the City or Franchisee as applicable thereafter to enforce same, nor shall waiver by the City or Franchisee of any breach of any provision of the Franchise Agreement, or of any other Applicable Laws, be taken or held to be a waiver of the City or Franddsee's rights as applicable to enforce or take action against any such succeeding breach (or such provision), or as waiver of any provision itself. SECTION 15. CONTINUED OtERATIONS DifFINQ Q1SPUTES AND RIGHT TO CONTRACT WrIli CUSTOMERS A. In the event that a dispute arises between the City and Franchisee in any way relating to this franchise, including performance or compensation hereunder, Franchisee shall continue to perform hereunder and to render service in full compliance with all terms and conditions of the Franchise Avvernent, regardless of the nature of 7 the dispute. Franchisee expressly recognizes the paramount right and duty of the City to provide adequate Commercial Solid Waste Service as a necessary governmental function, and further agrees, as consideration for the City's approval and execution of this Franchise Agreement that, in the event of a dispute, said Franchisee shall not cease performance or stop service during the pendency of any such dispute. B. The Franchisee shall contract directly with Commercial Businesses or Establishments in the City for Commercial Solid Waste Service subject to the terms and conditions of this Franchise Agreement, the Code, and the rate schedules established by the City. AU charges shall be billed directly by Franchisee to the Commercial Business or Establishment, which shall pay Franchisee directly. The City has established by ordinance minimum rate schedules for services under this Franchise Agreement, as set forth in Exhibit B to this Franchise Agreement. In tie event of a default by a Coaumatal Business or Establislun ad, Franchisee shall have all rights and remedies under the contract and Florida law, including the right to mop all services to a Commercial Busitaats or Establishment after failure to make payments under the contract for thirty (30) days. Cif'17fE IE C11C7YlMgR COMVt.aN1'C In the event the City receives any customer complaints relating to the services rendmed by Franchisee, said complaint shall be forwarded to Franchisee who shall have tea (10) days firom receipt thereof to resolve the matter with the customer. If the matter is not resolved, Franchisee shall, within five (5) days thereafter, deliver to the City Manager a report of the status of the complaint, its efforts to resolve the complaint, and why the complaint has not been resolved. y'.rrr i y . „c .r ti A. In the event charges for services are not paid within thirty (30) drys after billing, notice of delinquent payment shall be mailed by regular avail to the CoMMON:1 ! Property benefited by such service, to the attention of the owner or tertant thereof. All delinquent garbage, waste, and trash fees shall bear interest from the date of delinquency at a rate of eighteen (1 a) parent per annum of the ammmt of the delinquency. Failure to receive payment in full within ten (10) days thereafter shall authorize the franchisee to discontinue service and pursue other legal remedies for collection. Any person who disputes the amount of imposition of arty trash or illegal dumping fee shall have the right of appeal, in accordance with the Code. B. In the event a Commercial Business or Establishment terminates Fraachisee'a Commercial Solid Waste Service, or fails to pay for the Commercial Solid Waste Service, and its Commercial Solid Waste Service is stopped by Franchisee. Franchisee shall notify the City in writing within five (5) days of the termination_, The City agrees not to issue any occupational, occupancy, or other pamits or licenses necessary to engage in business in the City without proof from the Commercial Business or Establishment of a valid contract for Commercial Solid Waste Service. Franchisee agrees that it shill not knowingly contract with any Commercial Business or Establishment that does not have all necessary permits and/or licenses from the City For operation of its business, and shall notify the City within tat (10) days of acquiring knowledge that any Commercial Business or Establishment has failed to procure any necessary permit and/or license. Aggriply 18. SERVICES TO CITY -OWNED FACILITIES The City owns the facilities listed in Exhibit A to this Franchise Agreement. The Code allows Franchisee to collect Commercial Solid Waste from Commercial Businesses and Establishments in the City. In -kind services solely to City facilities set forth herein shall be provided fife of charge, and the work will be divided equally (as measured by cubic yards) by the two (2) franchise holders permitted to coiled Commercial Solid Waste from in the City. To the West that the franchise holders c atmot agree on a distribution of obligations under this section, the parties shall submit in writing their support for their position to the City Manager. The City Manager's determination on this issue shall be binding. SECTION 14 FOACE MAJEURE The performance by the City and/or Franchisee shall be temporarily excused during such time as such party is hindered or prevented from performing under the Franchise Agreement due to acts of God, the elements, war, insurrection, riot, rebellion, strikes or lockouts (unless solely restricted to employees of the City or Franchisee), and other causes beyond the party's reasonable control. 8 Sp.C" ION 20. INVALIDITY -- NO RIGHT OF ACTION If this Franchise Agreement, or any provision thereo4 is found to be invalid or unconstitutional by any court of competent jurisdiction, or if Franchisee is prevented from exercising its rights hereunder by present or future Federal, State, or County ordinances or laws, and Franchisee's rights under this franchise are materially impaired thereby, Franchisee shall have no claim or cause: of action against the City. The City and Franchisee agree to take all reasonable and nay action to modify, amend, or reform the Franchise Agreement so as to cure any invalidity or unenforceability of this Franchise Agreement or any provision thereof. $RCTION 21. POWER TO REGULATE S" PRFirri Nothing in this Franchise Agreement shall be construed as a surrender by the City of its right or power to pass ordinances regulating the use of its streets and/or other public rights -of -way, and/or public properties, and/or facilities. ,SRCTION 22. ACCEPTANCE OF FRANCHISE This Fri Agreement shall he filed with City Clerk and shall be binding upon execution of the Franchise Agreement by the City and Firandtisee. ,SECTION GOVERNINg LAW AND EXCLUSIVE VENUE. This Franchise Agreement slu ll be governed by, and construed in accordance with, the Laws of the State of Florida, both substantive and remedial, without regard to principles of conflictof laws. The exclusive venue for any litigation arising out of this Franchise Agreement shall be in the Circuit Court of Miami -Dade Comfy, Florida. BY ENTERING INTO THIS FRANCHISEE AGREEMIR4T, CITY AND FRANCHISEE EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS FRANCHISE AGREEMENT. ,SECTION 24. NOTIC I?, All notices :and eonu mucations in writing required or permitted hereunder may be delivered personally, by fax, or e-mail, to the representatives of the Franchisee and the City listed below, or may be maikd by mgistatd mail, page Pad follows: Until changed by notice in writing, all such notices and communications shall be addressed as �;rE- IND t/N � N� L,14 TO FRANCHISEE: 1eoA?- l/✓ JI��E� 9 goy'l/2.9"- "sere " ooit 1.404 ,4. 0,0004 � GtioNeth ow,vot,fri TO CITY: City of Opa-Loccka . 780 Fisherman Street Opa-Locka, Florida 33054 City Manager. Yvette Harrell WITH COPIES TO: Vincent T. Brown, Esq. City Attorney City of Opa-Locke 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 Notices are deemed delivered or given, and become effective, upon mailing if mailed to an address as set forth above. ,SECTION 25 FLORIDA PUBLIC &Loos LAse Pursuant to Section 119.0701 of the Florida Statutes, Franchisee shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform theserviee. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records, and at a cost that does not exceed the cost provided bylaw. (c) Ensure that public records that are exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Meet all requirememts for retaining public records, and transfer to the City, at no cost to the City, all public records cued, received, maintained, and/or dimly related to the performance of this Franchise Agreement that are in the possession of Franchisee upon termination of this Franchise Agreement. Upon termination of this Franchise Agreement, Franchisee shall destroy any duplicate public records that are exempt from public records disckswe requirements. All electronically stored records roust be provided to the City in a format that is compatible with the information technology system of the City. Franchisee's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the F'loriak Statutes dull be a breach of this Franchise Agreement, and the City may, in its sole diacredon, avail itsdtof the remedies set Borth under dila Franchise Agreement and available at kw. SECTION ?.i. ASl4IGNMENT The rights herein granted to Frandrisee, and any licenses granted to Franchisee by the City, shall not be assigned by Fnmchisee except with the express prior written @prove! of the City Commission. In the event of such assignment, Franchisee shall cause its assignee to execute a Franchise Agreement, subject to the approval of the City Manager, evidencing that such assignee accepts the assignment subject to any and all terms, conditions, and limitations imposed hereby, and which acceptance shall include an affirmative statement evidencing such assignee's intent to fulfill the obligations imposed upon Franchisee herein, Notwithstanding the City's approval of the assignment, and assignee's acceptance., Franchisee shall guarantee the performance of its assignee, and such assignment shall always be with fill recourse to Franchisee. Franchisee shall not be obligated to collect or dispose of any Hazardous Waste as defused in this Franchise Agreement and under Applicabk Laws. ,ECTION ZS. CITY RATES AND NOTICE QF COUNTY DISPOSAL RATES The City shall establish the monthly rate schedules for service of all Commercial Accounts in the City, which established rates shall be binding, upon mutual consent, on Franchisee. Except for the obligation to comply with the City`s established rate schedule, Franchisee shall be entitled to contract for Conunercial Solid Waste Services with Commercial Businesses and Establishments as provided in Section 15 of this Franchise Agreement. The rate schedule established by the City ("City Rates") shall be as set forth in Exhibit "B" to this Franchise Agreement. City and Franchisee understand and agree that certain types of waste are unsafe, unsuitable, or otherwise inappropriate for customary solid waste dumpster type containers (typically ranging from 1-8 cubic yards,) and therefore Franchisee shall have the right to require customers generating such waste types to utilize either rolloff or rolloff compactor services and customer shall then pay the rates for such services as set forth and in accordance with Exhibit B. Such waste types requiring rolloff or rolloff compactor service include but arc not limited to: construction and demolition debris:, wood, vegetation, tile, marble, granite, building materials, rocks, dirt, window or l0 automobile glass, rags, and larger amounts of other materials such as outdated products, spoiled foods, etc, than are normal or customary for regular day to operations. City shall have the right to monitor Franchisee in the event that a Customer objects to Franchisee's requirement that a Customer use either a rollofior rolloff compactor to insure that such request by Franchisee is reasonabk. Franchisee agrees to provide the City with copies of the disposal rates ("County Disposal Rates") established by Miami -Dade County ("County') within fifteen (15) days of receipt by Franchisee of the County Disposal Rates. Franchisee shall notify its Customers in writing within thirty (30) days of receipt of the County Disposal Rates. The City Rates set forth in Exhibit B shall be adjusted by time same percentage immense of any increases in the County Disposal Rates and such rate increase shall be payable by customers from the day of any rate increase in the County Disposal Rates in addition to and separately from the City Rates. SECTION 29. DEFAULT In the event of a default by any party hereto and such default continues for thirty (30 days after written notice to cure, the other note-defittibing party shall be entitled to all rights and remedies under Fkaida Law to enforce its rights under this Franchise Agreement. Nw TiAN 31_ PERFORMANCE BOND Franchisee shall furnish to the City an irmvocabk, =m oliy renewable, Performance Band for the faithful performance under the Franchise Agreement by Franchisee including timely payment of Franchise Fees. The Perfom umee Bond shell be subject to the approval of the City, and shall be issued by a surety company that is acceptable to the City. At a minimum, the surety company shall be ratted "A" or better as to management and "FSC X" or better as to drength by A.M. Best's h m ane= Reports, and shall be listed on the U.S. Treasury Department's list of acceptable sureties for fedaal bonds The surety shall have been in business with a record of suocmfal and continuous operation for at least five (5) years. The Performance Bond shall: (a) contain any provisions required by Appliicabk Law; (b) guarantee the performance of all duties and obligations of Franchisee under the Franchise Agreement; and (c) not be ean«led or altered without at least thirty (30) calendar days prior notice to the City. Franchisee shall furnish the Performance Bond to the City at least five (5) calendar days before the commencement of this Franchise Agreement The Performance Bond shall be maintained in full force and effect m all times during the term of this Franchise Agreement The Performance Baud small be in the amount of Two Hundred and Fifty Thousand Dollars (S250,000.00). Maintenance of the Performance Bond and the performance by Franchisee aid! of the obligations under this section shall not relieve Frmtchisee of liability under the Default and Revocation provisions set forth in this Franchise Agreement, or from any other liability resulting from any breach of this Franchise Agreement. The Performance Bond may be "called" and used if there is sny default or breach of this Franchise Agreement by Franchisee. Calling or using the Performance Bond shall not restrict or preclude the use of any additional or other remedies available to the City against Franchisee for breach, default, or damages. In the event of a strike of the employees of Franchisee, or any other labor dispute which makes performance of this Franchise Agreement by Franchisee substantially impossible, the City shall have the right to call the Performance Bond three (3) days after giving notice to Franchisee, and may engage another entity to provide necessary Commercial Solid Waste Services until such time as Franchisee may resume its operations. REMAINING PAGE LEFT BLANK INENTIGNALLY 11 IN WITNESS WHEREOF, th to be affixed hereto on the day, tno WITNESS: WrrNESS: 07 1a5 resentatives of the City and Franchisee have caused their signatures indicated on the first gage of this Franchise Agreement: Jeri. orsta QEcyCG,/^? 16,4otG'fir 1.4c s 4 41A By: Print Name: Title: President 0 Aide 44,0,t ito 0144 A4 CITY OF OPA-LOC CA PrinTame: Yvette Harrell Title: City Manager Approved as to form and legal sufficiency Broom Law Group, LLC, City Attorney Vincent T. Brown STATE OF FLORIDA ) ) ss COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me ` his t , x of 'UN of is personally known to me or who produced , t1- as identification, an 2017, by JENNIFER A MELENDEZ W COMMISSION A 000E4417 EXPIRES BopMmbK 28.20= STATE OF FLORIDA ss COUNTY OF MIAMI•DADE ) .at� LCd . A�Di�30�/'�f � who t] take an oath. 1C Print ame: c My Commission Expires: vq 01.9Z) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this a5___ day of -3-ukj , 2017, by y v e St-Ve teko art h , as C;Imi tovi,.,c4 40., of C: � o•P who is personally known to me or who produced as identification, and who did [did not] take an oath. j3isartazieu.._ Notary Public„— State of Florida Print Name: kra: ,r►kette_a_ My Commission Expires: \ 13 w It • •• 1 k { 11V rrrtfrt.t."-.14. 010 . . aownwAteoiroex aO�p msobb11M ONIMIN ' •. , ..1,.-,. ',,,, t h .� L 't .,.. : , , 1[1 ft . i .9.:1/_.a. i4 r Q . ° Iliiiiiiill' 6 •t t 1 IJUIr'1�� I blow Solid Rdihlt a Minimum fommerolN Sol Waste Send" Rim Sheet Wads t eitid Rake aonot • �` Rabidly" are for Ciontdor .20100, looks RAN i SAD: lank" ti� • facwoompsded r I: t 412.009 3 C MO- aidnImi$did Wad Molt Itsissaidndna QandnotlOq Odds With nil atSis oitiont* tdot�o� �ironli�oilitlts�loa� _ .. ado not Wilds to $75 Dem* he*wired tnrcis way Widows for lemeonn�c�. { DA-tb : '7%z/40r7 u� 1� day of "City", and COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT S FRANCHISE AGREEMENT ("Franchise Agreement") made and entered into this .21 2017 by and between CITY OF OPA-LOCKA, FLORIDA, hereinafter to as the hereinafter referred to as "Franchisee". .._ s,C . • Pursuant to Sections 166.021 and 403.706, Florida Statutes, and Ch. 11 of the Code of Ordinances of the City of Opa-Locke; Florida, the City is authorized to operate a Commercial Solid Waste Management Program within its boundaries and enter into Franchise Agreements to provide for the collection of Commercial Solid Waste. In consideration of the premises and mutual promises and conditions contained herein, it is mutually agreed as follows: SECTION 1: DEFINMONS„ For the purposes of this Franchise Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. For the purposes of this Franchise Agreement, the following words shall have the following meanings: A. "City" stall mean the City of Opa-Locka, Florida B. "City Companies" shall mean the mayor and four (4) commissioners elected from the City of Opa Locka, Florida. C. "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be responsible to the Commission for the administration of all City affairs and for carrying out policies adopted by the Commission. time. D. "Code" shall mean the Code of the City of Opa-i ocka, Florida as may be amended from time to E. "Commercial account" mesas any hotel, motel, rooming house tourist cabin, trailer park, bungalow court, apartment building with rental apartinents, Cooperative apartments, and/or multiple -story condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other than residential unit includingthe collection and disposal of construction and demolition debris. F. "Commercial Business or Fitablishment"- means and includes all retail, professional, wholesale and industrial facilities,.govemmental and quasi -governmental establishments and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. G. "Commercial Property" means any hotel, motel, rooming house, tourist cabin, trailer park, bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple -story condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other than residential unit. H. "Commercial Solid Waste" means, every waste accumulation, including but not limited to, dust, paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable material, (excluding recovered materials at commercial establishments as defined by Section 403.703 of the Florida Statutes) garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant to the operations of commercial business or establishment or commercial property. 1 I. '`Commercial Solid Waste Service" means the collection and disposal of garbage, trash, recycling, construction and demolition debris, solid and process waste for all commercial accounts. J. "Compacting Services" means all equipment, processes or methods by which waste is reduced in size or volume for disposal, including any packaging thereof and includes, without limitation, rearm foes, maintenance fees, set-up fees or any other charges associated with such services. Rates for customers utilizing compaction services of any type, whether tbrough traditional solid waste equipment or any other mechanical means, shall be considered and billed to customers in accordance with "compaction rates" as reamed in Estill* B to this agreement. K. "Coaastrvetiou and Demolition Debris" means materials generally considered to be not water soluble and nonhaardous in nature, including. but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of* slalom as part of a construction or demolition project, and inclufmg rocks, soils, tree mains, trines, and other vegetative matter which normally results from land clewing or laud development operations for a construction project, including such debris farm construction of structures at a site remote front the construction or demolition project site. L. "Franchise Agreement" means an exclusive agreenent, and all subsequent exteasions or amendments thcrco4 between the City and a qualified firm to provide commercial solid waste services within the City. M. "Franchise Fees" shall apply to conmiercial accounts and 'include, brit not be limited to, a percentage of gross revenue received, various one-time fees and temporary roll--ofikontaioer permit Sx(s). N. "Gases Revenge Received" means all monies resulting from all transactions and activities, within the city, in the Franchisee's regular course of business and trade including garbage, industrial, solid waste, used cooking oil waste, environmental dirges and flees, amtakeriad waste, equipment rental and lasing, fuel surcharge, construction sad demolition debris. roofing materials, trash, liter, maintenance, actors, lefiase anc for rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered materials at commercial establishments as defined by Section 403,703 of the Florida Statutes) or from any other source related directly or imdirocs dy from waste collection services, including, but not limited to, all income derived from leasing and renting of real or tumble peaomal property, the use of dump trucks, grapping trucks, roll -off trucks, trailers, roll -offs, boxed in, framed, fenced in, or odaervrise designated storage areas, etc,, corganinas, bagnters, chutes and any other vehicles and equipment used for collection and disposal of any debris by the Franchisee, occlusive of taxes as provided by law and franchise fees to the City due under this Agreement, whether wholly or po rtially collected within the city and lass bad debts. Gross M mue received shall not include income derived from the transportation, storage, t atment. eolie don, and removal of biomedical, biologiod, or hamrdoas waste as herein defined. O. "Hazardous smite" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, the der , or infectious duaraactaistics, may amuse, or significandy contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of stored, treated, or otherwise maeaged. The term does not include human remains that sire disposed of by persons licensed under chapter 497 of Florida Statute. P. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, soured recordings. data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordimance or in connection with the transaction of official business by the City. 2 Q. "Recovered Materials " means, as defined by Section 403.703 of the Florida Statutes, metal, paper, glass, plastic, textile, or tubber materials that have known recycling potential, can be feasibly recycle!, and have beat diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials datiaed for any use that constitutes disposal. lt. "Roll -off or Construction Dumpier" means an approved open metal container without wheels, with capacity up to forty (40) cubic yards, used at construction sites for the purpose of removing construction and demolition debris, which includes rock, metal and other materials which are heavy in weight or substantial in sine, used in connection with a constnmction and/or demolition project. S. "Seid Waste" meals sludge uaregalated under the federal Clean Water Act or Clean Air Act, sludge flan a waste treat n mt works, water supply treatment plant, or air polhdion control facility, or garbage, trash, waste, spacial waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resuking from domestic, industrial, eommmacbd, mining, agricultural, or govenunental operations. T. "Source Separated" means recovered materials that are separated from solid waste at the location where the recovered materials and solid waste are generated. The term does not require that various types of recovered t asteriah be separated from each other, and recognizes de miabnis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Materials are not considered source separated wham two (2) or more types of recovered materials arc deposited in combination with each other in a commercial cohesion container located where the materiab are generated and when such materials contain more thou ten (10) percent waste by volume or weight; said mataiais will be 'maddened solid waste. For purposes of this Franchise Agreesaert, the term "various types of recovaed materials" means mends, paper, glass„ plastic, textiles, and rubber. Any other Words or Terms used heein whkh are not defined in this Section shall have their normal dictionary meaning and customary usage unless such terms are defined in City Code, in which case they stall have the mauling set forth therein. Cel'nON 2 l:RMT OR i'MNCuI3C A. The City and Franchisee mutually agree, as a material cansidea lion for this Franchise Agreement that only two (2) franchises shall be awarded for Commercial Solid Waste Services in the City. Franchisee is hereby granted a franchise, including every right and privilege appertaining thereto (except as otherwise limited by the Code, and/or by present or future Federal, State end County ordinances and laws), to operate and maintain a Commercial Solid Waste Service, in accordance with this Franchise Agreement and as permitted under the Code, in, upon, ova., and across the present and Mum streets, alleys, bridges, easements and other public rights -of -way, propaty(ies), and/6or facility(iea) within the limits of the City, for the purpose of collecting and disposing of Commercial Solid Waste, generated by the citizens, residents, inhabitants, busitness enterprises, and other entities therein. Except for Recovered Materials otherwise provided for pursuant to the Code, and/or by present or future Federal, State or County ordinances and laws, Franchisee is hereby granted title to all of such Commercial Solid Waste generated within said boundaries, insofar as the City can establish its legal right to make such grant of title. B. The City hereby issues a limited, non-exclusive frardtise to Franchisee to engage in a Coaunercial Solid Waste Service within the City and to service Commercial Businesses or Establishments by collecting Commercial Solid Waste in accordance with the provisions of the Cade, City ordinances, this Franchise Agreement and the rules and regulations of the City applkabk to the collection of Commercial Solid Waste. The franchise includes cite furnishing and servicing of all' Roll -off or Construction Dumpsters, whether des' as temporary or permanent, to include construction and demolition debris. Moreover, this franchise shall include the collection and disposal of construction and demolition debris in residential properties of less than five (5') units. 3 C. Franchisee shell be permitted to collect Commercial Solid Waste from Commercial Businesses or Establishments within the City. All work relative to the collections contemplated in this Franchise Agreement shall be performed as scheduled in a workman -like menner. Upon completing each collection permitted hereunder, Franchisee shall properly replace all dumpsters and containers and leave the premises so serviced in a litter -free and sanitary condition City shall use its municipal authority to ensure the all customers contract sufficient service levels such that all of the customer's Commercial Solid Waste is properly contained within the Franchisee's containers placed at the customers' properties, whereby the container lids are able to close completely, flush with the top of the container. D. Franchisee shall be required to have valid vehicle permits for each collection vehicle. Each vehicle shall display said permit in a. prominent and easily visible location. All vehicles shall be properly inspected by the appropriate governmental agencies. As necessary, the Public 'Works Department may inspect all vehicles for safety, cleanliness and proper licensing, etc. Each vehicle operated widnin die City shall be conspicuously marked on both sides of he vehicle is stenciled letters in an area of not less than thirty (30) inches by fourteen (14) inches with the following information: Top line: City of Opa-Locka, license number Second line: The Franchisee's name. l)e s'ke t`Ackra96uer i- 04' Per: da All markings shall be approved by the public works department of the city. E. If the City determines that Franchisee has filled to comply With any of the provisions of this section, it shall notify Franchisee, in writing by certified mail, and demand that Franchisee cause the viola ion to be remedied within the prescribed tine. If the violation has not been remedied within the prescribed time (which shall be no less than thirty (30) days), the City Manager may comnieace proceedings to revoke the franchise of Franchisee in accordance with the applicable City Ordinance and terms ofthis Franchise Agreement. F. The collection o%ommercial Recovered Materials shall not be exchusive to the Franchisee. The collection, transport, and disposal of Recovered Materials for recycling from Commercial Businesses or Establishments shall be an "open market" and non-exclusive to the Franchisee. However, all loads of Recovered Materials must be Source Separated. agCMON 3. 0,OGiRAPHiCALIj111D"S OF THE FRWCHISE The area covered by this franchise is the area within the City limits, as they are now located and any areas which may at -some future time be im mrporated into the City. Franchisee agrees that the limits of the franchise are subject to expansion or reduction by annexation and contraction of municipal boundaries acid that Franchisee has no vested right in a specific area. Areas within the geographical boundaries of the Opa-locka Airport shall be excluded from this Franchise Agreement. SECTION 4. TE a The Franchise Agreement is granted for a perm of one (1) year subject to the provisions of Section 11-76 of the Code, commencing on the day ofT.i.y , 2017, and terminating on the P.. 1 day of _ 2018, unless earlier terminated as a result of the faifure of the Franchisee to comply with the Code and this Franchise Agreement to provide etTeative and efficient service, (Initial Term). The Franchisee and City may mutually agree to renew the Franchise Agreement on the same terms and conditions as may be modified and mutually agreed to, for a period of one (1) additional year. SECTION S. FRANCHIO FEES AND REPORTING REOUIREMENTS 4 A. Frendiisee shall comply with the following reporting requirements: 1. Commencing thirty (30) days after the date of the issuance of this Franchise Agreement and continuing monthly thereafter on the wane day of each and every month, Franchisee shall file with the City Manager, on forms approved by the City, a report under oath designating the names and addresses of the Commercial Accounts serviced by Fr rnddsee in the City for the preceding mondr together with the monthly Grass Revenue Received from each Commercial Account. All reports provided by Franchisee shall be subject to random audits by the City. Franchisee shall immediately notify the City in writing of any necessary adjustments to its monthly report, which adjustments shall be made within twenty (20) days of written notice. 2. Commencing thirty (30) days after the date of the issuance of this Fla ncbise Agreement, Franchisee shall file with the City Manager, on forms approved by the City, a monthly report indicating every Commercial Acoocmt acquired by Franchisee for service in the preceding month together with the contract amount(s) for such service. 3. Within thirty (30) days of the close of Franchisee's fiscal year, but no later than February 15ei of each year, Franchisee shall file with the City Manager, on forms splayed by the City, a report of Franchisee's amwal Gross Revenue Received from Commercial Solid Waste Senviees performed within the City for the preceding fisai year, certified by an art certified public accountant. B. Fnmcbisee shall pay the following 1. On an annual basis the Franchisee shall pay to the City the sum of $4.167.00, 63r the right to be one of two non-exclusive franchisees for Commercal Solid Waste Service within theCity. 2. On a muddy basis, and simultaneous with the filing of each monthly report required above, Franchisee shall pay to the City a sun equal to twenty-eight (28) peaxat of the monthly Gross Revenue Received, as reflected on each such monddy report. 3. On an annual basis, the Franchisee shall pay a fee of one hundred dollars ($ 100.00) for each permanent Commercial Account contracted for Canmerraai Solid Waste Services. The permit per account fee may be charged as a pees through to the a toter and not included in Gross Revenue Received. 4. The City shall also be entitled to annual occupational license fees from the Franchisee, inspection fees, and liquidated compensatory damages for such accounts as the city may have had to service or caused to be serviced by Franchisee 5. On a quarterly basis, and simultaneous with the filing of its monthly report above, Franchisee shall pay the City a seventy-five dollar ($75.00) permit fee for every ninety (90) days for any and all construction dumpster or roll -off accounts. The 90-day permit fee may be charged as a pass through to the customer and not included in Gross Revenue Received 6. On an annual basis, and simultaneous with the filing of its report of annual Gross Revenue Received, Franchisee shall pay to the City an amm mt equal to one -quarter -of -one -percent (1/4%) of its annual Gross Revenue Received, to be applied by the City for auditing of the Commercial Solid Waste Service. This annual audit fee shall be exclusive of. and in addition to, the he based upon Franchisee's monthly Grass Revenue Received above. The means, method, and operation of this program shall be determined and implemented in the City's sole and reasoruubk discretion. ,s,CTjON 6. BANKRUPTCY OR INSOLVENCY If Franchisee becomes insolvent, this franchise shall 'terminate. If Franchisee files a petition of voluntary 5 bankruptcy, or in the event of involuntary bankruptcy, this Franchise Agreement shall terminate no later than the date of filing of the bankruptcy petition. IFCTION 7. INDF,MNIQCATION AND 1NSIIRANCF, A. jndenmification. Fnmchisee hereby agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and contractors against, and assumes all liability for, any and all claims, suits. actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from Franchisee's, and/or its offices', empbyeee, agents', and contractors' activities and for the use of the public struts and/or other City property or rights -of -way, for the purposes authorized in this franchise and in the Code, and resulting or accruing from any negligence, *songful act, omission, or error dale Fnwdsisee, and/or its officers, agents, employees, and contractors. and/or arising from the failure or Franchisee to comply with each and every covenant of tiffs franchise, or with the Code, or with any other Federal, State, County and/or City °Winona:, law, or regulation applicable to Franchisee's activities, resulting in or relating to bodily injury, loss of life or limb, or damage to property sustained by any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to hold City, its officers, employees, *gem and contractors, harmless from and against all judgments, orders. decrees, attorney's fees. costs, expenses and liabilities inemred in and resulting from any such claim, investigetioa, or defense tbaeo4 which may be entered, incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sok cost and expense. any kgal action, claim or proceeding instituted by any person against the City, its officers, employees, agents or contractors, as a result of any claim, suit, or pause of action accruing from activities conducted by Franchisee authorized in this frra ddse, for injuries to body, limb, or property as set forth above. This Indemnity from Franchisee shall not apply to and shall exclude any Claims resulting or arising from the negligence or wrongful acts of the City or customers of Franchisee under thisFranchise Agreement. B. Franchisee Insurance. Before &dually commencing business, Franchisee shall obtain the following insurance from a firan with a minimmmt rating of "A3" from Moody's Investor Service and shall fattish the ortgmel lability policy to the City Clerk with a certificate of insurance for all policies wrinen in Franchisee's saute, This certificate shall provide that the policies contain an eadonement requiring that the City shall be furnished, within ten (10) days. *Koren notice by r egrsteed marl prior to mediation or material change in any policy. The sufficiency of the insurance shall be certified by the City Manager prior to commencing business. Tamination of insurance coverage shall automatically terminate the right of Franchisee to operate within the City. 1. WgdaiCoaroamtioe: Franchisee shall carry, with a company authorized under the laws of the State of Florida, a policy to protect against liability under the workmen's compensation and occupational diseases statutes of the State of Florida. 2. Automobile Liability Insurance: Franchisee shall carry, in its own name, a comprehensive policy to insure the entire antomobik liability of operations with %nits not lea than one hundred thousand dollars ($100,000.00) each person and three huutdred thousand dollars (S300,000.00) each accident bodily injury liability, and fifty thousand dolhus ($50,000.00) each accident for property damage liability per vehicle. In addition to the above insurance there must be excess coverage to at least one million dollars ($1,000,000.00). 3. General Liability: Franchisee shall carry, in his own mane, a comprehensive liability policy for operations other than automobile with limits of at least one hundred thousand dollars ($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for each accident bodily injury liability, and fifty thousand dollars (S50,000.00) each accident for property damage liability. 4. Umbrella Liability. In addition to the above limits, the Franchisee shall provide at least a $1,000,000 umbrella or excess liability insurance policy. S. Liability of the City The above insurance requirements shall not be construed as imposing upon the City, or any official or employee thereof, any liability or responsibility for damages to any person injured, or any property damaged, by Franchisee SECTION L REVOCATION OF FRANCIUU Failure on the part of Franchisee to comply in any material way with the provisions of the Franchise 6 Agreement or the Code, or other Applicable Laws shall be grounds for revocation or termination of the franchise, which termination shall be in accordance with the Code, and shall be effective upon written notice to Franchisee. Prior to any revocation under this section, the City shall provide Franchise written mice of the non-compliance and a thirty (30) day period to cure any such non-compliance. ascrio,T9 REPORTING: ACCOUNiTING:AUDIT Franchisee shall keep an accurate set of books and records in accordance with general accounting per. Ring the Gross Revenue Received derived under and pursuant to the franchise rights granted herein. The City shall have the right with reasonable notice to audit Franchisee's books and records as provided in this Franchise Agreement and the Code. =79N IL COLLECTION EQUIPMENT Franchisee shall have on hand, at all times during the term of the franchise, sufficing personnel and equipment to permit Franchisee to fidly, adequately, and efficiently perform its duties hereunder. Collection equipment shall be kept clean, sanitary, neat in appe anpice, and in good repair and working order at all times. Franchisee shall et all them have available to it reserve equipareat, which can be put into service and operation within two (2) hours of any breakdown. Such reserve equipment shall substantially correspond in size and capability to the equipment normally used by Franchisee to perform its duties hereunder. SECTIOKILDINISCAL All Commercial Solid Waste shall be hauled to sites or facilities legally empowered to accept it for creaming or disposal. SECTION_I2—Cni.ISPTION SERVICES ANDOPERATIONS Franchisee's procedures for collection of Commercial Solid Waste shall be in beeping with all provisions of the Code said other Applicable Laws. sFx rinN 13. STORMgAND OTHEREMERCENCjp In case of an unusually severe storm, and/or other extreme acts of weather (including, without limitation. tropical storms, tropical depressions, hurricanes, floods, tornadoes, etc.) or disruption aused by other emergencies not caused by Franchisee, the City Manager may grant Franchisee reasonable variance from its regular schedules. As soon as practicable after such storm, act of weather, or other emergency, Franchisee shall inform the City of the estimated time required before regular schedules and routes can be resumed and, upon request of the City Manager and in such form as determined by the City Manager. Franchisee shall provide notice of sane to its Commercial Account clients in the franchise area. ,SECTION 14. NON•WAIVER The failure by the City or Franchisee at any time to require performance from the other party of any provision hereof, or of any other Applicable Laws, shall not in any respect limit, prejudice, diminish, or constitute a waiver of any rights by the City or Franchisee as applicable thereafter to enforce same, nor shall waiver by the City or Franchisee of any breach of any provision of the Franchisee Agreement, or of any other Applicable taws, be taken or held to be a waiver of the City or Franchisee's rights as applicable to enforce or take action against any such succeeding breach (or such provision), or as waiver of any provision itself. SECTION 15, f.ONTINUED QPERATIONS DURING DISPUTES AND jtIG1IT TO CONTUCI WITH CUSIMSBa A. In the event that a dispute arises between the City and Franchisee in any way relating to this franchise, including performance or compensation hereunder, Franchisee shall continue to perform hereunder and to resider service in full compliance with all terms and conditions of the Franchise Agreement, regardless of the nature of 7 the dispute. Franchisee expressly =gains the paramount right and duty of the City to provide adequate Commercial Solid Waste Service as a necessary governmental function, and further agrees, as consideration tion for the City's approval and execution of this Franchise Agreement that, in the event of a dispute, said Frmchisee shalt not cease performance or stop service during the pendency of any such dispute. B. The Franchisee shall contract direcdy with Commercial Businesses or Establishments in the City for Commercial Solid Waste Service subject to the teams and conditions of this Franchise Agreement, the Code, and the rate schedules established by the City. All charges shall be billed directly by Franchisee to the Commercial Business or Establishment, which shall pay Franchisee direcdy. The City has established by ordinance minimum rate schedules for services under this hanediise Agreement, as set faith in Exhibit B to this Franchise Agreement. In the event of a defiurit by a Commercial Business or Establisitmait, Franchisee shall have all rights and remedies under the contract and Florida law, including the right to stop all services to a Commercial Business or Establishment after fitilure to make payments under die contract for thirty (30) days. AECTION IA. CUSTOMER CQMPLAIN I3 In the event the City raeeives any customer complains relating to the services rendered by Franchisee, said complaint shall be forwarded to Franchisee who shah have ten (10) days from receipt di eofto resolve the matter with the comma. If the matter is not resolved, Franchisee shall, within five (S) days thereafter, deliver to the City Manager a report of the status of the complaint, its efforts to resolve the complaint, and why the complaint has not been resolved. INS 1 Slill ► ae : , .r M . ' h . A. In the event charges for services are not paid within thirty (30) days after billing, notice of delinquan payment shall be mailed by regular mail to the Commercial Property benefited by such service, to the attention of the owner or tenant thereo£ All delingwnit garbage, waste, and trash fees shall bear interest from the date of delinquency at a rate of eighteen (1 S) patent per annum of the amount of the delinquency. Failure to receive payment in full within ten (10) days thereafter shall authorize the franchisee to dicscom it= service and pursue other legal remedia For collection. Any person who disputes the amount of imposition, of any trash or illegal dumping fee shall have the right of appeal, in accordance with the Code. B. In the even a Commercial Business or Establishment terming= Franchisee's Commercial Solid Waste Service, or fails to pity for the Commercial Solid Waste Sevice, and its Commercial Solid Waste Service is stopped by Franchisee, Franchisee shall notify the City in writing within five (S) days of the termination., The City agrees not to issue any occupational, occupancy, or other Permits or licenses necessary to engage in business in the City without proof from the C.onu nercial Business or Establishment of a valid contract for Commercial Solid Waste Service. Franchisee agrees that k shall not knowingly contract with any Commercial Business or Establishment that does not have all necessary permits and/or licenses from the City for operation of Its business, and shall notify the City widiin ten (10) days of acquiring knowledge that any Commercial Business or Establishment has faikd to procure any necessary permit and/or license. SECnOnk 1L SERVICES TO CITY -OWNED F4iCn ITIES The City owns the facilities listed in Exhibit A to this Franchise Agraernett. The Code alloys Franchisee to collect Commercial Solid Waste from. Commercial Businesses and Fstablisliments in the City. In -kind sarvices solely to City facilities set forth herein shall be provided free of charge, and the work will be divided equally (as measured by cubic yards) by the two (2) franchise holders permitted to collect Commercial Solid Waste from in the City. To the extent that the franchise holders cannot agree on a distribution of obligations under this section, the parties shall submit in writing their support for their position to the City Manager. The City Manager's determination on this issue shall be binding. MrTIAN 19_ FARCE MAdFURE, The performance by the City and/or Franchisee shall be temporarily excused during such time as such party is bindery! or prevented from performing under the Franchise Agreement due to acts of Cod. the elements, war, insurrection, riot, rebellion, strikes or lockouts (unless solely restricted to ennployees of the City or Franchisee), and other causes beyond the party's reasonable control. 8 SECTION 28. INVALIDITY — NO RIGHT OF ACTION If this Franchise Agreement, or any provision thereof is found to be invalid or unconstitutional by any court of competent jurisdiction, or if Franchisee is prevented front exercising its rights hereunder by present or future Federal, State, or County ordinances or laws, and Franchisee's rights under this franchise are materially impaired thereby, Franchisee shall have no claim or cause of action against the City. The City and Franchisee agree to take all reasonable and necessary action to modify, amend; or reform the Franchise Agreement so as to cure any invalidity or unenforceability of this Franchise Agreement or any provision thereo£ SI; CTION 21. POWER TO REGULATE STREETS Nothing in this Franchise Agreement shall be cdnstrued as a surrender by the City of its right or power to pass ordinances regulating the use of its struts and/or other public rights -of -way, and/or public properties, and/or facilities. SECTION 22. ACCEPTANCE OF FRANCHISE This Franchise.Agre ement shallie, filed with .City Clerk and shall be binding upon execution of the Franchise Agreement by the City and Fes. SECTION 23. GOVERNING LAW AND EXCLUSIVE VENUE This Francis Agreement shall be governed by, and construed in accordance with, the Laws of the State of Florida, both aubst mrtive and remedial, without regard to principles of conflict of laws. The exclusive venue forany litigation arising out of this Franchise Agreement shall be:in_the Chtuit_Court of Miami -Dade County, Florida. BY ENTERING INTO THIS FRANCHISE AGREEMENT, CITY AND FRANCHISEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS FRANCHISE AGREEMENT. SECTION 24. NOTICS All notices and comtnunxxtiom in writing required or permitted hereunder pay be delivered personally, by fax, or e-mail, to the representatives of the Franchisee and the City listed below, or may be mailed by registered mail, postage prepaa_ . follows: Until changed by notice in writing, all such notices and communications shall be addressed as TO FRANCHISEE: WiEIF /`iswAtOturiiAi t or Flom 1111: DEpT (fit s�1t FL 13073 .� TO CITY: City of Opa-Locke 780 Fisherman Street Opa-Locke, Florida 33054 City Manager: Yvette Harrell N WITH COPIES TO: Vincent T. Brawn, Esq. City Attorney : City of Opa-Loaka 780 Fisherman .Street, 4th Floor Opa-Locka, Florida 33054 9 Notices are deemed delivered or given, snd become effective, upon mailing if 'nailed to an address as set forth above. SFTTION 25 FLORIDA puour RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, Franchisee shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (Ea) Provide the public with access to public records on the some terms and conditions that the public agency would provide the records, and at a coat that does not exceed the cost provided by law. (e) Ensuau: that public records that are exempt from public records disclosure requirements are not disclosed, except as authorized by haw. (d) Meet all requirements for retaining public records, and transfer to the City, at no oost to the City, all public records crated, received, maintained, and/or directly related to the performance of this Franchise Agreement that are in the possession of Franchisee upon termination of this Franchise Agreement. Upon termination of this Franchise Agreement, Franchisee shall destroy any duplicate public records that are exempt from public records disclosure requirements. All electronically steed records must be provided to the City in a format that is compatible with the inforntation technology system of the City. Fruitageaa's foam to comply with the public records dbclosare requirement set firth in Section 119.0791 of the Florida Statists shall be a bread' of this Franc hb a Agreement, and the City any, la lb sole discretion, avail itself of the reaedhes set forth under this Franchise Agreement and available at haw. AgC77ON 2i. AMIODINF ENT The rights herein granted to Franchisee, and any licenses granted ro Franchisee by the City, shall not be assigned by Franchisee except with tithe express prior written approval of the City Commission. In the event of such assignment, Franchisee shall cause its assignee to execute a Franchise Agreement, subject to the approval of the City Manager, evidencing that such assignee accepts the assignment subject to any and all terms, conditions, and limitations imposed hereby, and vhi A acceptance shall include an affirmative want evidencing such assignee's intent to fidf ll the obliptions imposed upon Franchisee herein. Notwith shmding the City's spproval of the assip me t, and assignee's acceptance, Franchisee shall guarantee the pakinnaace of its assignee, and such assignment shall always be with fish recourse to Franchisee. SECTION 27. ♦ZMUNI _rc W Franchisee shall not be obligated to collect or dispose of any Hazardous Waste as defined in this Franchise Agreement and under Applicable Laws. NV 1 . 1141111 ' .. . r : 1 ' all 1 1:1 The City shall establish the monthly rate schedules for service of all Commercial Accounts in the City, which established rates shall be binding, upon mutual consent, on Franchisee. Except for the obligation to comply with the City's established rate schedule, Franchisee shall be entitled to contract for Commercial Solid Waste Services with Commercial Businesses and Establishments as provided in Section 15 of this Franchise Agreement. The rate schedule established by the City ("City Rates") shall be as set fortis in Exhibit "B" to this Franchise Agreement. City and Franchisee understand and agree first certain types of waste are unsafe, unsuitable, or otherwise inappropriate for customary solid waste dumpster type constrainers (typically ranging from 1-$ cubic yards,) and therefore Franchisee shall have the right to require customers generating such waste types to utilize either rolloff or rolloff compactor services and customer shall then pay the rates for such services as set forth and in accordance with Exhibit B. Such waste types requiring runoff or rolloff compactor service include but are not limited to: construction and demolition debris, wood, vegetation, tile, marble, granite, building materials, rocks, dirt, window or 10 automobile glass, rags, and larger amounts of other =taints such as outdated products, spoiled foods, etc. than are nornal or customary for regular day to operations. City shall have the right to monitor Franchisee in the event that a Customer objects to Franchisee's requirement that a Customer use either a rolloff or rollofl'compactor to insure that such request by Franchisee is reasonable. Franchisee agrees to provide the City with copies of the disposal rates (*County Disposal Rates") established by Miami -Dade County ("County") within fifteen (15) days of receipt by Franchisee of the Cotmty Disposal Rates. Franchisee *di notify its Customas in writing within dirty (30) days of receipt of the County Disposal Rates. The City Rites set forth in Exht'6it B shall be adjusted by the same percentage increase of any increases in the County Disposal Rates and such rate increase shall be payable by customers from the day of an rate increase in the eay County Disposal Rates in addition to and separately from the City Rats. AEC1'ION 29 DEFAULT In the event of a default by any party haxeeto and such default continues for thirty (30) days after written notice to same, the other now party shall be entitled to an rights and remedies under Florida Law to enforce its rights under this Franchise Ag eeme nt. AEfTION 30. PERFORMANCE ®QND Franchisee shall tiunish to the City an irrevocable, annually renewable, Performance Bond for the faithful performance under the Franchise Agreement by Franchisee including timely payment of Franchise Fees. The Performance Bond shall be subject to the approval of the City, and shall be issued by a ninety company that is acceptable to the City. At a minimum, the surety company shall be rated "A" or better as to nuaaganast and "FSC X" or better as to strength by A.M. Best's Insurance Reports, and shall be listed on the U.S. Treasury Deportment's list of acceptable sureties for federal bonds. The surety shall have been in business wilt a record of successful and continuous operation for at beast five (5) years. The Performance Bond shall: (a) contain any provisions squired by Applicable Law; (b) guarantee the performance of all duties and obliptions of Franchisee under the Franchise Ate% and (c) not be cancekd or altered widnvut at least thirty (30) calendar days prior notice to the aty. Franchisee shall furnish the Paforma nce Bond to the City at kart five (5) calendar days before the commencement of this Franchise Agreeexmemt. The Performance Bond shall be mined in full face and effect at all times during the term of this Franchise Agreement The Performance Bad shall be in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). Maintenance of the Performance Bond and the performance by Franchisee of all of the obligations under this section shall not relieve Franchisee of liability under the Default and Revocation provisions set forth in this Franchise Agreement, or from any other liability resulting from any breach of this Franchise Agreement. The Performance rmance Bond may be "called" and used if there is any default or breach of this Franchise Agreement by Franchisee. Calling or using the Performance Bond shall not restrict or preclude the use of any additional or other remedies available to the City against Franchisee for breach, default, or damages. In the event of a strike of the employees of Franchisee, or arty other labor dispute which makes performance of this Franchise Agreement by Franchisee substantially impossible, the City shall have the right to call the Performance Bond three (3) days after giving notice to Franchises, and may engage another entity to provide necessary Conunercial Solid Waste Services until such time as Franchisee may resume its operations. REMAINING PAGE LEFT BLANK INENTIONALLY 11 IN WITNESS WHEO9F, the legal representatrvea of the City and Franchisee have caused their signatures to be axed hereto on the chii i onth, and year indica- 'on the first page of this Friinchise Agreement. WITNESS: By:� By Print Nam WITNESS: By: Print ame: o-r la(g aoii Date PrintNtn--'` Title: President CITY OF OPA-LOCKA r: By: Y Print Iabre: Yvette 12 STATE OF FLORIDA ) ) ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 2017,.by ' cd . H 4,0411 * Cgtjr of INASTIE MANAGEMENT M. OF FLORIDA who is personally known to me or who, produced as identification, and who did. [did not] take an oath. Notary Public — State Print Name: 'Florida My Commission Expi STATE OF FLORIDA ) ) ss COUNTY OF MIAMI-DADE ) •••';fit, 8U8ANGARtAJOHNBON * 1ffCOMIS,SIONiFFOEM _ 29, a n° em ierntmolNerryMnke I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this a day of �u.Vj , 2017, by Iy.e�,e irkaviro as C.- M66..444Pr of -N,j 0 Oent-10cV.A who is personally known to me or who produced as identification, andid [did not] take an oath. Notary Public -- State of Florida Print Name: S4va'v .er. 1. .�. .., My Commission Expires: A ,ate `'4 or4- 13 UMW NAM •,1 IAA. • •• r far • t..��t d�. •'.. • •• _ 44• a:. . • • t i.c- _': - I '�-i:.____._.. _ i . • .. r r.+.r• ..' L'�at';t..:�• . _ •'Y I liI S ' • rP�. r...... .1;- ~ , i' r it v •• • t 1 ji(111 U • I EAU � Mhdrnuns pinourotal SoVd Wade Sys Rate Shod So/d Wish ConfaleerRe«sio. 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