HomeMy Public PortalAbout17-05 AWARD FRANCHISE COLLECTION AND DISPOSAL 1st Reading/Public Hearing: March 08, 2017
2nd Reading/Public Hearing: April 12, 2017
Adopted: April 12, 2017
Effective Date: April 12, 2017
Sponsored by: City Manager
ORDINANCE NO. 17-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, TO AWARD FRANCHISE
CONTRACT FOR COMMERCIAL SOLID WASTE
COLLECTION AND DISPOSAL, PURSUANT TO AN
EMERGENCY PROCUREMENT, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO
AS EXHIBIT "A", SUBJECT TO APPROVAL AS TO
FORM BY THE CITY ATTORNEY, PAYABLE FROM
ACCOUNT 34-534340; A BUDGETED ITEM;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, in January 2017, the City Commission authorized the City Manager to
pursue an emergency procurement for Commercial Solid Waste Collection and Disposal; and
WHEREAS, the City of Opa-Locka ("City") currently does not have a Commercial
Solid Waste Collection and Disposal servicer; and
WHEREAS, in January 2017, the City was faced with and remains faced with a health
and welfare emergency relating to solid waste sanitation, after receiving pricing information
from at least two vendors, and evaluating price, customer service, operations plan, qualification,
experience, Minority Business Enterprise Certification, references, financial stability, local
preferences and resources, the City Manager issued a recommendation finding that issuing
Franchise's to both Waste Management of Florida, Inc. and Great Waste and Recycling Services,
LLC was in the best interest of the City; and
ORDINANCE NO. 17-05
WHEREAS, the City Commission of the City of Opa-locka desires to authorize and
direct the City Manager to enter into a contracts with Waste Management of Florida, Inc. and
Great Waste and Recycling Services, LLC.
NOW, THEREFORE,BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Session 2. The City Commission of the City of Opa-locka, authorizes the City
Manager to enter into contracts with Waste Management of Florida, Inc. and Great Waste and
Recycling Services, LLC, for the provision of commercial solid waste collection and disposal
services pursuant to an emergency procurement, and authorizes the City Manager to negotiate
and enter into a professional services agreement, in substantially the form attached as Exhibit A,
subject to approval as to form by the City Attorney, payable from Account No. 34-534340, a
budgeted item.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5. This Ordinance shall, upon adoption, become effective as specified by the
City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
ORDINANCE NO. 17-05
PASSED AND ADOPTED this 12th day of April, 2017.
Y'A AYLOR
AYOR
Atte t to:
Joa a Flores
City Clerk
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER PIGATT
Commission Vote: 4-1
Commissioner Holmes: YES
Commissioner Riley: NO
Commissioner Pigatt: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
THURSDAY 11A101H 2Op Main[iirnllil Local&State t1A
MIAMHRLUD20511
al
MIAMI-DADE make it impossible for mil- attorney for Conti Gables.
ides to site transmission "If you pm a big power pole
City officials lines in the future.He an next to someone's house,
ty ofals urge legislators to dasalmetiKt ty ht someone's years s."
• • • • • ;memento[HakfroomuRme An- James McDooald,Pine-
reject FPL transmission line bill inside enablish- Rest council member,itrged
ed rights-of-way and be the committee to slow the
entitled to a development fast-track approval of the bit
exception that exempts and work out a resolution
2016 soling by a three-judge Gables to a substation in part of an approval for two them from complying with that addresses concerns of
SY MARY ELLEN KISS panel of the Third District Coconut Grove. new nuclear reactors at land-use regulations. local communities.
...WWtlrnes TR.h.arrawea„ Court of Appeal that said the "For constituents and Turkey Point The decision But lawyers and round "We all know FPL is what
governor and Cabinet failed local elected leaders who drew challenges from the members from Pinec test, FPL is in this state,and they
1ALLADs SIT to consider Miami-Dade have been very involved in county and cities of Miami, Miami,South Miami,Coral have a lot of power,"he
Officials from several County's environmental trying to make sure our South Miami and Pinecrest. Gables and Miami-Dade said.They never came to
Miami-Dade communities rules when they signed off community is protected The bill changes the County told the committee the plaintiffs be this case and
impacted by an 88-mile on allowing FPL to string a from environmental im- states Power Plant Siting that it is misreading the said,'What can we do to
transmission line sought by transmission line through pacts,economic impacts, Act and'transmission fine coots ruling and that the bill work this out?'pt's out being
Florida Power&Light Everglades marshes and public safety concerns,this Siting Act by exempting allows FPL and other zed- bulldozed through the legis-
through the county's most fragile wetlands. bill conforms our worst fears utilities from development idea to ignore environmental alive process
affluent and environmenral- Despite their appeals,the about how laws are nude in regulations,and it also gives concerns and local safety Kern McNulty,assistant
ly sensitive areas pleaded Senate Community Affairs Tallahassee,"Rodriguez the Public Service Commis- regulations,and will dimun- city attorney for Miami,said
with a Senate committee Committee passed the bill sail."The.sense is that the Sion the sole authority to ish private property rights. the bill will allow 80-to
Wednesday not to approve with only one no vote—that bigger the checkbook the order utilities to put power "It donut make any 105-foot transmission tow-
legislation to allow the cram- of Seri.Jose Javier Rare- easier it is to get laws writ- lines under ground. sense to me that in a state err to"go thmngh people's
pany to build the line with- men D-Miami,whose did- ten" Lee argued that the bill is like Florida—where we're backyards"and the city's
out considering local devel- trier includes the entire In May 2014,Gov.Rick "simply returning,modify- so concemed about local business district
opulent rules, corridor of the transmission Scott and the Cabinet,acting Mg the law to correct a government overregulation The bill now goes to the
The bill,SB 1048 by Sen. line along U.S.1 from Cutler as the Power Plant Siting glitch"found by the court — 're not equally con- Senate floor.A companion
Tom Lee,R-Thonotosessa, Bay,through Piueaest, Board,signed off on the two and absent changes to the caned about utilities doing bill,HB 1055,has one more
would overturn an April South Miami and Coral lines and a backup plan as law,the court's ruling would that,"said Craig Loon,city committee stop.
LEGISLATURE 2010 I MEDICAL MARIJUANA structure,it would allow the acing as a grower,prucesser
Department of Health to and dispensary.
Future still cloudy after marijuana day continue with some nfits lug one psi(S8614),
that ayt Ytoa fled byyenJeff allowd,
said."That may lead to a R-St.Petersburg,allowed for
more efficient impkmema- businesse:.s to specialize as
- Their deliberations,led by senators,said Seri Rob Bra- well as"timing,"which is don of the amendment" growers or sellers.Young
MICHAEL BY ADMEN See.Dana Young,R-Tampa, dley,R-Fleming Island,who allowed under a current law Using the existing pro- said it's unlikely the Senate
,.../...Tan.h...r r..r.. revealed the first look at sponsored SB 406,one of passed in 2014 that lets gram as a starling point wit will adopt that model.
what kind of cannabis bill the medical marijuana bills. some patients with.severe give seven nurseries already What the Senate does
TALLAHASSEE might pass the Senate—as "I don't think we're con- epilepsy and cancer use licensed to sell cannabis a appear ready to change is
What began as a decisive well as early fault lines. gelled to include chronic cannabis low in THC. leg up when the larger,more the number of those comps-
instruction from voters that One clear point of did- pain that isn't related to an The Senate's eventual lucrative medical marijuana Hies that will be in the mar-
patients who need medical agreement:how to handle underlying debilitating coo- proposal will likely keep the industry opens. let.Bradley sod Young now
marijuana should have ac- would-he patient with con- dition,"Bradley said. structure of Florida's exist- It also means that every say there should be faster
cess to it is shaping up to be ditions not lined in Amend- Lawmakers are also divid- Mg,limited medical canna- business that wants to enter growth to accommodate a
complex and contentious mein 2,which names 10 ed on how people should be bid program. the marijuana industry will patient base of potentially
fight in the Florida Capitol diagnoses and lets doctors allowed to consume marque- "By using this current have to be a one-stop shop, hundreds of thousands.
Lawmakers have put for- recommend cannabis to no under the law.
ward competing proposals to patients with similar condi- While a couple of propos-
implement Amendment 2, tons. als allow for smoking Bra-
which passed with 71 Some advocates and law- dley is dearly opposed,
percent of the vote in makers have suggested calling it"by its very nature
4110
November and lets patients allowing patents with not a healthy act."There are
with debilitating medical chronic pain access to the also differing views on ed- CITY OF OPA-LOCKA
conditions such as cancer, drug.But others worry vague Iles,food products that NOTICE TO THE PUBLIC
HIV/AIDS,epilepsy and language could Nuke it too have been infused with
post-traumatic stress did- easy for people to obtains cannabis oil. NOTICE IS KERF-BY GIVEN ova,m=c;tr Commis,of Se OA si0,-bk.,Ruwe 4111 Ski a FA,Asomwva.
order use cannabis. doctor's recommendation c The sate House's lone artoarom,usw Deems on Mad.r..April 3.011a'3OPMm The AU,u0a10)msr:sed,vm.t<.21S Pays A.MUe.
On Wednesday,the Sen- and a sate-issued marijuana medical madjnaoa bill(FIB aP.4wk..lamw,,,,.,m m n.a.a.vdUV Ue zee n,.D..o,s uew
ate's Health Policy Panel patent ID card. 1397)outlines a more SBG'ONORPAOo&OBYyot A0FA(!D,1CIAE4etVD:.
discussed five approaches to This is one of the two restrictive approach,ban-
implement the voters'will. toughest questions facing tying smoking and edibles,as AN ORDINANCE OP THE CRT COMMISSION OF THE CITY OF OPA-LOCEA,FLORIDA,TO AWARD
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COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Franchise Agreement") made and entered into this
day of , 2017 by and between CITY OF OPA-LOCKA, FLORIDA, hereinafter to as the "City", and
hereinafter referred to as "Franchisee".
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 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.
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. "Commercial 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,
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. "Construction and Demolition Debris"means materials generally considered to be not water
soluble and nonhazardous 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 a structure as part of a
construction or demolition project,and including rocks, soils,tree remains,trees,and other vegetative matter which
normally results from land clearing or land development operations for a construction project,including such debris
from construction of structures at a site remote from the construction or demolition project site.
K. "Franchise Agreement"means an exclusive agreement,and all subsequent extensions or
amendments thereof,between the City and a qualified firm to provide commercial solid waste services within the
City.
L. "Franchise Fees" shall apply to commercial accounts and include,but not be limited to, a
percentage of gross revenue received,various one-time fees and temporary roll-off/container permit fee(s).
M. "Gross Revenue 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 charges and fees, containerized waste, equipment rental and leasing, fuel
surcharge,construction and demolition debris,roofing materials,trash, litter,maintenance,compactors,refuse and/or
rubbish collection removal and disposal services rendered, hand bag collection, recycling, or from any other source
related directly or indirectly from waste collection services, including, but not limited to, all income derived from
leasing and renting of real or tangible personal property, the use of dump trucks, grapping trucks, roll-off trucks,
trailers, roll-off s, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagst:ers,
chutes, and any other vehicles and equipment used for collection and disposal of any debris by the Franchisee,
exclusive of taxes as provided by law,whether wholly or partially collected within the city and less bad debts. Gross
revenue received shall not include income derived from the transportation, storage, treatment, collection, and
removal of biomedical,biological,or hazardous waste as herein defined.
N. "Hazardous waste" means solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly 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 managed. The term does not include human remains that are disposed of by persons
licensed under chapter 497 of Florida Statute.
0. "Public records" means all documents, papers, 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 pursuant to law or ordinance or in connection with the transaction of
official business by the City.
P. "Recovered Materials" means metal, paper, glass, plastic, textile, or rubber materials that have
known recycling potential, can be feasibly recycled, and have been 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 destined for any use that
constitutes disposal.
Q. "Roll-off or Construction Dumpster" 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 size,
2
used in connection with a construction and/or demolition project.
R. "Solid Waste" means sludge unregulated under the federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works,water supply treatment plant,or air pollution control facility,or garbage,trash,
waste, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material
resulting from domestic, industrial,commercial,mining,agricultural,or governmental operations.
S. "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 materials be separated from each other, and recognizes de minimis solid waste, in accordance with
industry standards and practices, may be included in the recovered materials. Materials are not considered source
separated when two (2) or more types of recovered materials are deposited in combination with each other in a
commercial collection container located where the materials are generated and when such materials contain more
than ten (10)percent waste by volume or weight; said materials will be considered solid waste. For purposes of this
Franchise Agreement, the term "various types of recovered materials" means metals, paper, glass, plastic, textiles,
and rubber.
Any other Words or Terms used herein which 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 shall have
the meaning set forth therein.
SECTION 2. GRANT OF FRANCHISE
A. The City and Franchisee mutually agree, as a material consideration 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 and 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, over, and across the present and future streets, alleys, bridges, easements and
other public rights-of-way, property(ies), and/for facility(ies) within the limits of the City, for the purpose of
collecting and disposing of Commercial Solid Waste, generated by the citizens, residents, inhabitants, business
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 franchise to Franchisee to engage in a
Commercial 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 Dumpsters, whether designated 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.
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 performed as scheduled in a workman-like manner. 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 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, whereby the container lids are able to close completely, flush with the top of the
container.
3
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 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 information:
Top line: City of Opa-Locka, license number
Second line: The Franchisee's name.
All markings shall be approved by the public works department of the city.
E. If the City 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 prescribed time. If the violation has not been remedied within the prescribed time(which shall
be no less than thirty(30)days),the City Manager may commence proceedings to revoke the franchise of Franchisee
in accordance with the applicable City Ordinance and terms of this Franchise 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.
1h, ' . U . 1 . C : ► •
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 incorporated into the City. Franchisee agrees that the limits of the franchise are
subject to expansion or reduction by annexation and contraction of municipal boundaries and 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.TERM
The Franchise Agreement is granted for a period of two (2)years subject to the provisions of Section 11-76
of the Code,commencing on the day of , 2017,and terminating on the day of
2019,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 City shall have an option to renew the
Franchise Agreement on the same terms and conditions as may be modified and mutually agreed to, for a period of
two(2)additional years,by exercising such option not less than one hundred twenty(120)days prior to termination of
the contract franchise in writing to the city. Notwithstanding the aforementioned, the city commission and Franchisee
may agree to terms and conditions beyond the two(2)additional years.
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A. Franchisee 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 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 addresses of the Commercial Accounts
serviced by Franchisee in the City for the preceding month together with the monthly Gross Revenue Received from
each Commercial Account. Copies of invoices sent to each Commercial Account holder shall be attached to
the monthly report.All reports provided by Franchisee shall be subject to random audits by the City.Franchisee shall
4
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 Franchise Agreement,
Franchisee shall file 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 close of Franchisee's fiscal year, but no later than February 15th of
each year, Franchisee shall file with the City Manager, on forms approved by the City, a report of Franchisee's
annual Gross Revenue Received from Commercial 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:
1. On a one-time basis, simultaneous with the execution of this Franchise Agreement, Franchisee
shall pay to the City the sum of$12,500.00,for the right to be one of two non-exclusive franchisees for Commercial
Solid Waste Service within the City.
2. On a monthly basis, and simultaneous with the filing of each monthly report required above,
Franchisee shall pay to the City a sum equal to twenty-eight(28)percent of the monthly Gross Revenue Received, as
reflected on each such monthly 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 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 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 amount 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 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 discretion.
,SECTION 6. BANKRUPTCY OR INSOLVENCY
If Franchisee becomes insolvent, this franchise shall terminate. If Franchisee files a petition of voluntary
bankruptcy, or in the event of involuntary bankruptcy, this Franchise Agreement shall terminate no later than the
date of filing of the bankruptcy petition.
SECTION 7. INDEMNIFICATION AND INSURANCE
A. Indemnification. 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 all claims, suits.
actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from Franchisee's, and/or its
5
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, 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 hold City, its
officers,employees,agents and contractors,harmless from and against all judgments,orders,decrees,attorney's fees,
costs, expenses and liabilities incurred in and resulting from any such claim, investigation, or defense thereof,which
may be entered, incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense, any legal 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 cause of action accruing front activities authorized in this
franchise, 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 acts of the City or customers of
Franchisee under thisFranchise Agreement.
B. Franchisee Insurance. Before actually commencing business, Franchisee shall obtain the
following 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 insurance for all policies written in Franchisee's name.
This certificate shall provide that the policies contain an endorsement requiring that the City shall be furnished,
within ten (10) days, written notice by registered mail prior to cancellation or material change in any policy. The
sufficiency of the insurance shall be certified by the City Manager prior to commencing business. Termination of
insurance coverage shall automatically terminate the right of Franchisee to operate within the City.
1. Worker's Compensation: 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 automobile liability of operations with limits not less than one hundred thousand
dollars ($100,000.00) each person and three hundred thousand dollars ($300,000.00) each accident bodily 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
person 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
$1,000,000 umbrella or excess liability insurance policy.
5. 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 8. REVOCATION OF FRANCHISE
Failure on the part of Franchisee to comply in any material way with the provisions of the Franchise
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 Franchisee written notice of the non-compliance
and a thirty(30)day period to cure any such non-compliance.
,SECTION 9. REPORTING: ACCOUNTING:AUDIT
Franchisee shall keep an accurate set of books and records in accordance with general accounting
6
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.
SECTION 10. COLLECTION EOUIPMENT
Franchisee shall have on hand, at all times during the term of the franchise, sufficient personnel and
equipment to permit Franchisee to fully, adequately, and efficiently perform its duties hereunder. Collection
equipment shall be kept clean, 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
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.
SECTION 11.DISPOSAL.
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 OPERATIONS
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 unusually 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 form as determined by the City Manager. Franchisee shall provide notice of same 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 Franchise Agreement,or of any other Applicable Laws,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.
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WITH 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 Agreement,regardless of the nature of
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. All charges shall be billed directly by Franchisee to the Commercial Business
7
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 the event of a
default by a Commercial Business or Establishment, 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 failure to
make payments under the contract for thirty(30)days.
SECTION 16. CUSTOMER COMPLAINTS
In the event the City receives any customer complaints relating to the services rendered by Franchisee, said
complaint shall be forwarded to Franchisee who shall have ten(10) days from 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.
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A. In the event charges for services are not paid within thirty (30) days after billing, notice of
delinquent payment shall be mailed by certified mail to the Commercial Property benefited by such service, to the
attention of the owner or tenant thereof. All delinquent garbage, waste, and trash fees shall bear interest from the
date of delinquency at a rate of eighteen (18) percent per annum of the amount 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 any 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 Franchisee's 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 permits 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 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 within ten (10) days of acquiring knowledge that any Commercial Business or
Establishment has failed to procure any necessary permit and/or license.
SECTION 18. S .RVI TO ITY-OWN .D FA ILITI .S
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 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.
SECTION 19. FORCE MATEURE
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.
SECTION 20. 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 from exercising its rights hereunder by present or future
8
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 thereof.
,SECTION 21. POWER TO REGULATE STREETS
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.
SECTION 22. ACCEPTANCE OF FRANCHISE
This Franchise Agreement shall he filed with City Clerk and shall be binding upon execution of the
Franchise Agreement by the City and Franchisee.
SECTION 23. GOVERNING LAW AND EXCLUSIVE VENUE,
This Franchise Agreement shall be governed by,and construed in accordance with,the Laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any
litigation arising out of this Franchise Agreement shall be in the Circuit 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. NOTICE
All notices and communications 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 mailed by registered
mail,postage prepaid.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO FRANCHISEE:
TO CITY: City of Opa-Locka
780 Fisherman Street
Opa-Locka,Florida 33054
City Manager: Yvette Harrell
WITH COPIES TO: Vincent T.Brown,Esq.
City Attorney
City of Opa-Locka
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.
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SECTION 25 FLORIDA PUBLIC 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.
(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.
(d) Meet all requirements for retaining public records,and transfer to the City,at no cost to the City,
all public records created, 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 stored records must 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 Florida Statutes shall be a breach of this Franchise Agreement, and the City may, in its sole
discretion,avail itself of the remedies set forth under this Franchise Agreement and available at law.
SECTION 26. ASSIGNMENT
The rights herein granted to Franchisee, and any licenses granted to Franchisee by the City, shall not be
assigned by Franchisee except with the 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 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 full recourse to Franchisee.
SECTION 27. HAZARDOUS WASTE
Franchisee shall not be obligated to collect or dispose of any Hazardous Waste as defined in this Franchise
Agreement and under Applicable Laws.
• t : : ► 1 ► 1 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 shall be as set forth in Exhibit`B"to this Franchise Agreement.Franchisee
agrees to provide the City with copies of the disposal rates established by Miami-Dade County ("County") within
fifteen (15) days of receipt by Franchisee of such rates from the County. Franchisee shall notify its customers in
writing within thirty(30)days of receipt of disposal rates from County.
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 non-defaulting party shall be entitled to all rights and remedies under Florida Law to enforce its rights under
this Franchise Agreement.
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,SECTION 30. PERFORMANCE BOND
Franchisee shall furnish 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 surety company that is
acceptable to the City.At a minimum,the surety company shall be rated"A" or better as to management and"FSC
X" or better as to strength by A.M.Best's Insurance Reports,and shall be listed on the U.S.Treasury Department's
list of acceptable sureties for federal bonds. The surety shall have been in business with a record of successful and
continuous operation for at least five(5)years.The Performance Bond shall: (a)contain any provisions required by
Applicable Law; (b) guarantee the performance of all duties and obligations of Franchisee under the Franchise
Agreement;and(c)not be canceled 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 at all times during
the term of this Franchise Agreement.
The Performance Bond shall be in the amount of Two Hundred Thousand Dollars ($200,000.00).
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 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 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 INENTIONALLY
11
IN WITNESS WHEREOF,the legal representatives of the City and Franchisee have caused their signatures
to be affixed hereto on the day,month,and year indicated on the first page of this Franchise Agreement.
WITNESS:
By: By:_
Print Name: Print Name:
Title:President
WITNESS: CITY OF OPA-LOCKA
By:_ By:
Print Name: Print Name: Yvette Harrell
Title: City Manager
Attest Approved as to form and legal sufficiency
Joanna Flores,City Clerk Brown Law Group,LLC,City Attorney
Vincent T.Brown
Date
12
STATE OF FLORIDA )
) ss
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
day of , 2017, by , as
of who is
personally known to me or who produced as
identification, and who did [did not] take an oath.
Notary Public—State of Florida
Print Name:
My Commission Expires:
STATE OF FLORIDA )
) ss
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
day of , 2017, by , as
of who is
personally known to me or who produced as
identification, and who did [did not] take an oath.
Notary Public—State of Florida
Print Name:
My Commission Expires:
13
EXHIBIT"A"
14
•
EXHIBIT"A"
. .
• • .
'
MUNICIPAL.COLLECTION, AND DISPOSAL
The franchisee shin provide(*Nabors and•giltbage receptacles to be serviced at the •
•following City-Owned location • , •
Leoitionitte Address • Contairtir SIX. Prequenoy
• OULTURALARTS 0TH 2 yard 2xNteek
211• ; VE
• 'GRAM ARK 21 I• .8 yard EbrAveek
BURLINGTON .
STREET
• po 67= • 4y lx/wee •
DEPARTMENT 2498
6Putpuu."BAc "WORKS 6 yard Ix/week
AVENUE NW
42rioAVENUE •
MALI° , WORKS 20 yard . oa)(avg.lx/weelt)
12960 NW . 42No
AVENUE . .HELLEN /AILLER &Arai
OENTEFI/SHERSONDY
• PARK 890
RattribUE • • 2:4Aviolik•
216.PERVi2 iirrj(A ,
OPA • • 4 yard ' 2x/woek•
MUNICIPAL COMPLEX
•
•
•
26
EXHIBIT"B"
15
Exhibit B
Minimum Commercial Solid Waste Service Rate Sheet
•
Minimum Solid Waste Container Service Rates(non-compacted waste)
Container Sizes
cubic yards Minimum Monthly Rates
;..�,r4 1x/week 2x/week 3x/wsek 4x/week 5x/week 6x/week 7x/week
1 Yard $ 58.00 $ 113.00 , $ 167.00 $ 218.00 $ 271.00 $ 324.00 $ 378.00
2 Yard $ 86.00 $ 188.00 ,$ 249.00 $ 322.00 $ 402.00 $ 482.00• $ 561.00
4 Yard $ 144.00 $. 282.00 $ 414.00 $ 559.00 $ 686.00 $ 822.00 $ 959.00_
6 Yard $ 208.00 $ 397.00_$ 592.00 $ 774.00 $ 985.00 $ 1,157.00 $ 1,349.00
8 Yard $ 264.00 $ 503.00 __$ 750.00 $ 997.00 $ 1,294.00 $ .1,492.00 $ 1,739.00
Rates do not include 28%Franchise Fee, $100 annual per account fee,or 1/4%Audit Fee.
Rates above are for non-compacted waste. Compaction rates are 3 times the non-compaction rates.
•
Minimum Solid Waste Roltoff Rates,Including Construction&Demolition Debris("C&D'j
Container Sizes
Frcubic yards Minimum Rates Per Service
t,:AA' : i Haul Rat .JPlus disposal,based on weight of waste material:
10 Yd.Rolioff. $ 235.00 Plus disposal at the per ton rate established by Miami-Dade County
20 Yd.Roltoff $ 235.00 Plus disposal at the per ton rate established by Miami-Dade County
30 Yd.Roltoff $ 235.00 Pius disposal at the per ton rate established by Miami-Dade Counter
40 Yd.Roltoff $ 235.00 Pius disposal at the per ton rate established by Miami-Dade County
Compactors _ $ 248.00 Plus disposal at the per ton rate established by Miami-Dade County
Rates do not include 28%Franchise Fee, $100 annual per account fee,or 1/4%Audit Fee.
Rates do not include the$75 permit fee required by city every 90 days for temporary rolloffs. .
•