Ordinance 2019-4240 ORDINANCE 2019-4240
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE TO AMEND THE CITY'S SOLID WASTE FEE
SCHEDULE, AND AMENDING APPENDIX "A" TO THE CITY CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "FEE SCHEDULE," IN
ORDER TO MODIFY THE RESIDENTIAL SOLID WASTE COLLECTION
AND DISPOSAL FEE CHARGED PURSUANT TO CHAPTER 90 OF
THE CITY CODE, ENTITLED "SOLID WASTE"; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, at the July 25, 2018 City Commission meeting, City Commission passed
Resolution 2018-30433, which authorized the Administration to enter into negotiations with
Progressive Waste Solutions of FL, Inc. d/b/a Waste Connections of Florida; and
WHEREAS, at the December 14, 2018 Finance and Citywide Projects Committee (FCWPC)
meeting, the FCWPC agreed with the recommendation of the Administration and recommended
approval of the increase in the residential solid waste collection and disposal rate, due to the need to
pass through, to the residential program users, the City's future annual contract costs (increase in
solid waste collection contract costs due to an increase in the Consumer Price Index (CPI), and the
Miami-Dade County "tipping" fee for disposal of the residential waste in a county solid waste disposal
site); and
WHEREAS, the Administration recommends that the Mayor and City Commission accept the
December 14, 2018 recommendation of the FWCPC to pass through the increase in contract costs
for solid waste collection services to the residents utilizing the City's solid waste collection and
disposal services; and
WHEREAS, the City Administration recommends that the City Commission approve the
increase to the Solid Waste fees, as reflected below in Appendix "A," "Fee Schedule," of the City
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The Mayor and City Commission hereby accept the recommendation of the Finance
and Citywide Projects Committee (FCWPC), at its December 14, 2018 meeting, to amend Appendix
"A" entitled "Fee Schedule," to reflect the increased cost for the collection and disposal of residential
solid waste.
Section 2. The City Code of the City of Miami Beach at Appendix "A," entitled "Fee Schedule" is
hereby amended, as follows:
Chapter 90. Solid Waste
Article Ill. Collection and Disposal
Division 3. Rates, Charges, Billing Procedures
Section of
this Code Description
90-137(a) Single-family residences, , per month* 29.9215.33
Duplex per month per unit 29.92
25.91
Apartments, condominiums with less than nine (9) dwelling units, per month per
dwelling unit*
40.90
*The above rates for residential solid waste collection and disposal services will
be subject to periodic adjustment, as follows:
• The solid waste collection portion of the rate shall be automatically
adjusted, for the period covering the preceding fiscal year, annually, on
January 1St, according to the percentage increase or decrease in the
consumer price index (CPI), of All Urban Consumers (CPI-U): U.S. city
average, under the expenditure category entitled, "Garbage and trash
collection (Unadjusted Percent Change)". The CPI adjustment for solid
waste collection shall be subject to a maximum annual increase of three
percent (3%).
• The solid waste disposal portion of the rate shall be automatically adjusted
to reflect a pro-rata share of the City's actual pass-through costs for
disposal of residential solid waste in a Miami-Dade County disposal site
(i.e. to reflect any annual increase in the County's "tipping"fee).
The rates will be adjusted annually to reflect the incrcascs or dccrc\a-cs in the
consumer price index for consumers in the southeast United States for all items,
City Commission.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 10 days after enactment.
�r NI _
ATTEST:
D�an_Czlber, Mayor
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Raf el E. tadoyClrk �. ,i„ .,'`. '�`,
First Reading: January 16, 2019 ' ::INCORP ORA D.
Second Reading: February 13, 2019 4' •• ;�;' 'No/--,/
(Sponsors: Commissioners Ricky Arriola, Mar k' ttnuel prg,00 Jahrri Elizabeth Aleman)
•
APPROVED AS TO
FORM & LANGUAGE
& FO EXE UTION
1-4k-t ,)„,.1--- LLA: (r q
City Attorneysi a` I Date
Ordinances-R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
10:25 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE TO AMEND THE CITY'S SOLID WASTE FEE
SCHEDULE, AND AMENDING APPENDIX "A" TO THE CITY CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "FEE SCHEDULE," IN ORDER TO MODIFY THE
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL FEE CHARGED
PURSUANT TO CHAPTER 90 OF THE CITY CODE, ENTITLED "SOLID WASTE";
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on second reading public hearing.
ANALYSIS
The City has a contract with Progressive Waste Solutions, Inc. to provide residential waste collection and
disposal. The contract was entered into in 2010 and expired August 31, 2018. The cost of this service to
the City is currently $25.12 per residential account per month. The difference between the total costs to
provide service for single family units, currently,$41.56 per month, and the contract cost is $16.44. This
difference is used to fund litter control services, illegal dumping, pre/post storm related debris removal and
administrative fees related to management of the contract and billings. The cost for residential waste
services to multi-family dwellings with eight units or less is currently$37.13. The difference is $12.01,which
is also used to fund litter control services, illegal dumping, pre/post storm debris removal and administrative
fees related to management of the contract and billings.
Analysis
On February 20, 2018, the City issued a Request For Proposals No. 2018-024-WG for Collection and
Disposal of Residential Solid Waste, Yard Debris and Bulk Waste, and Operation of the City's Green
Waste Facility. On July 25, 2018, the City Commission passed Resolution 2018-30433, which authorized
the Administration to enter into negotiations with Progressive Waste Solutions of FL, Inc. (d/b/a Waste
Connections of Florida), for a new contract for the aforestated services. Through negotiations, the
Administration was able to secure an amount of $28.89 per residential account per month, an increase of
$3.77 or 15%.
Current Proposed i
Single Monthly I Monthly i Amount �% Change
Farnily1Residential Unit Fee Fee j - Change
Page 465 of 911
Kgs enilal rasn ree 2D.12 j n- 1i5.11i , d.f f i 1090
City Service Fee { 16.44 16.44
Total Monthly Fees I $ 41.56 i j $ 45.33 ! $ 3.77 i 9%
Current 1l Proposed
Multi-Family(8 Units or Monthly J Monthly # Amount
Less_ Fee Fee Change % Change
Residential Trash Fee _ $ 25.12 ; 1 $ 28.89 'i $ 3.77 ; 15%
City Service Fee 1 12.01 i_i 12.01 i $ -Total Monthly Fees I $ 37.13 I $ 40.90 j I $ 3.77 I 10%
1-
The Administration is recommending that the increase in contract cost be passed on to the program users,
as this is a direct cost increase associated with the collection of residential waste.
On December 14, 2018, the Finance and Citywide Projects Committee (FCWPC) agreed with the
recommendation of the Administration and approved the pass through of the increase in contract cost to the
program users.
There is also a provision in the new contract which allows for the Contractor to request a Consumer Price
Index(CPI) increase, per unit, per month cost, as well as a pass through of any future tipping fee imposed
by the Miami-Dade County on an annual basis. The Administration is recommending that any future
increase in the contract cost be passed through to the program users. The FCWPC agreed with the
recommendation and approved future contract costs be passed through.
As a result,the actual Appendix A, entitled "Fee Schedule" needs to be amended as follows:
90-137(a) Single-family residences,t wnheuses7 per month* 29.9245.33
29.92
Apartments, condominiums with less than nine (9) 25.94
dwelling units, per month per dwelling unit*
40.90
*The above rates for residential solid waste collection
and disposal services will be subject to periodic
adjustment. as follows:
• The solid waste collection portion of the rate shall
be automatically adjusted. for the period covering
•
the preceding fiscal year. annually. on January 1st
according to the percentage increase or decrease
in the consumer price index (CPI). of All Urban
Consumers (CPI-U): U.S. city average, under the
expenditure category entitled. "Garbage and trash
collection (Unadjusted Percent Change)". The
CPI adjustment for solid waste collection shall be
subject to a maximum annual increase of three
percent(3%).
• The solid waste disposal portion of the rate shall
Page 466 of 911
be automatically adjusted to reflect a pro-rata share
of the City's actual pass-through costs for disposal
of residential solid waste in a Miami-Dade County
disposal site (i.e. to reflect any annual increase in
the County's "tipping"fee).
The ratcs will be adjusted annually to reflect thc incrcascs
or decreases in thc consumcr pricc indcx for consumers in
thc southeast Unitcd Statcs for all item, and in the
dircctcd by thc City Commission.
At its January 16, 2019 meeting,the City Commission read the title of the Ordinance into the record, and
made a motion to approve the Ordinance on first reading and to come back on February 13, 2019 for a
second reading public hearing.
CONCLUSION
The Administration recommends approving the Ordinance on second reading public hearing.
Legislative Tracking
Public Works
Sponsor
Commissioners RickyArriola, Mark Samuelian, &John Elizabeth Aleman
ATTACHMENTS:
Description
❑ Ordinance
❑ FINAL 2nd READING ORD
Page 467 of 911
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE TO AMEND THE CITY'S SOLID WASTE FEE
SCHEDULE, AND AMENDING APPENDIX "A" TO THE CITY CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "FEE SCHEDULE," IN
ORDER TO MODIFY THE RESIDENTIAL SOLID WASTE COLLECTION
AND DISPOSAL FEE CHARGED PURSUANT TO CHAPTER 90 OF
THE CITY CODE, ENTITLED "SOLID WASTE"; PROVIDING FOR
CODIFICATION, -REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, at the July 25, 2018 City Commission meeting, City Commission passed
Resolution 2018-30433, which authorized the Administration to enter into negotiations with
Progressive Waste Solution of Florida, Inc. DBA Waste Connections of Florida; and
WHEREAS, the Administration recommends that the Mayor and City Commission accept the
December 14, 2018 recommendation of the Finance and Citywide Projects Committee (FWCPC) to
pass through the increase in contract costs for solid waste collection services to the residents utilizing
the City's solid waste collection and disposal services; and
WHEREAS, at the December 14, 2018 FCWPC meeting, the FCWPC agreed with the
recommendation of the Administration and recommended approval of an the increase in the
residential solid waste collection and disposal fee due to the need to pass through the City's future
annual contract costs (increase in solid waste collection contract costs due to an increase in the
Consumer Price Index (CPI), and the Miami-Dade County "tipping" fee for disposal of the residential
waste in a county solid waste disposal site) to the residential program users; and
WHEREAS, the City Administration recommends that the City Commission approve the
increase to the Solid Waste fees, as reflected.below in Appendix "A," entitled "Fee Schedule," of the
City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The Mayor and City Commission accept the recommendation of the Finance and
Citywide Projects Committee (FWCPC) at its December 4, 2018 meeting; to amend Appendix "A"
entitled "Fee Schedule,"to reflect the increased cost for the collection and disposal of residential solid
waste.
Section 2. The City Code of the City of Miami Beach at Appendix "A," entitled "Fee Schedule" is
hereby amended, as follows:
Chapter 90. Solid Waste
Article III. Collection and Disposal
Page 468 of 911
Division 3. Rates, Charges, Billing Procedures
Section of Description Amount
this Code
90-
Single-family residences, per month* 29.9215.33
137(a)
Dunl6 per month per unit 29.92
25.91
Apartments; condominiums with less than nine (9).dwelling units, per month,per
dwelling unit*
40.90
*The above residential solid waste collection and disposal rates shall be
automatically adjusted annually.on January 1st, according to the increase or
decrease in the consumer price index (CPI), of All Urban Areas, for the 12-month
average, when compared to the published price on the date of the adjustment to
the published price for January 1st of the previous year, with no annual maximum
adjustment to exceed three percent (3%). The CPI calculation shall apply only to
the solid waste collection costportion of.the fee. The portion of the fee for
disposal shall be automatically adjusted annually on January 1st, to reflect a pro-
rata share of the City's actual pass-through costs for disposal of residential solid
waste in a Miami-Dade County disposal site(i.e. to reflect any annual increase in
the County's "tipping"fee).
commission
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by.any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
Page 469 of 911
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 10 days after enactment.
ATTEST:
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk
First Reading: January 16, 2019 City Attorney Date
Second Reading: February 13, 2019 , ' •
(Sponsors: Commissioners Ricky Arriola, Mark Samuelian, & John Elizabeth Aleman)
Page 470 of 911