Resolution 2023-32617RESOLUTION NO: 2023-32617
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MARCH 11, 2023
MEETING, TO PROCEED WITH A REQUEST FOR QUALIFICATIONS (RFQ) FOR
THE CITY'S WASTE HAULER SERVICES, AND TO EXTEND THE CURRENT
CONTRACTS FOR NON-EXCLUSIVE COMMERCIAL FRANCHISE WASTE
SERVICES WITH WASTE MANAGEMENT OF FLORIDA AND WASTE
CONNECTIONS OF FLORIDA, INC., SET TO EXPIRE ON SEPTEMBER 30, 2023,
ON A MONTH -TO -MONTH BASIS UNTIL SUCH TIME AS THE SOLICITATION
PROCESS OF THE RFQ IS COMPLETED AND A REPLACEMENT
CONTRACT(S) IS EXECUTED.
WHEREAS, On October 16, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31056, extending a renewal of the City's Non -Exclusive Franchise Waste Contractor
Agreements and new Service Agreement for a period of three (3) years, commencing as of
October 1, 2019 and expiring on September 30, 2022; and
WHEREAS, the Public Works Department engaged MidAtlantic Solid Waste Consultants
(MSW) to assist staff with evaluating the current agreement structure and, to provide
recommendations for an open versus closed, exclusive versus non-exclusive, Franchise Waste
Contractor Agreement; and
WHEREAS, at the April 29, 2022 Finance and Economic Resiliency Committee (FERC)
meeting, the City Administration presented MSW's findings, and, among them, MSW
recommended for the City to transition to an exclusive franchise system; and
WHEREAS, a motion was made to expand the analysis, and to come back to a4uture
meeting with its findings; and
WHEREAS, the Administration continued meeting with FERC on May 27, 2022, July 29,
2022, November 14, 2022, January 27, 2023, February 17, 2023, and lastly on March 31,12023;
and
WHEREAS, parallel to the FERC discussions of what would be the future terms of non-
exclusive commercial franchise waste contractor agreement and service agreements, a motion
was made for Public Works to place a request to extend, on a month -to -month basis, the contract
term of the Non -Exclusive Commercial Franchise Waste Contractor Agreement and Service
Agreement with Waste Management Inc. of Florida, and Waste Connections of Florida, Inc:, for a
period not to exceed September 30, 2023. The City Commission approved this request
via Resolution No. 2022-32228; and
WHEREAS, at the March 31�, 2023 FERC meeting, Committee members made a motion to
proceed with a Request for Qualifications (RFQ) and provided additional guidance to consider
when drafting the RFQ, listed below:
• Have the Administration work towards a goal of having no less -than 3 waste haulers (and
4th and 5th candidates to substitute any waste hauler that ceases providing services).
• Consider a cap on annual fee increases, and a waiver that would allow the Administration
(depending on extenuating circumstances) to come back to the City Commission for
approval.
• Determine the term duration of the contracts between customers and haulers (whether a
maximum of 2 years, or 5 plus years -should there be capital equipment).
• Restrict the option for auto renewal. Instead, allow a 90-day renewal notice from the waste
hauler to the resident to allow the resident to terminate the agreement if desired, and if the
customer does not respond, to allow for the renewal of the contract on a year-to-year basis
with a termination right to each party upon 60 days' notice.
• [include a clause, that would allow residents to call the City's Sanitation staff directly, should
there be any service issues or concerns, as well as allowing for residents to call the waste
hauler directly.] '
• Effective next fiscal year provide a quarterly LTC report that would list complaints, from
customers, issues involved, and turnaround time taken to cure or remedy the issue(s).
• Include language to allow for property manager credentials to be accepted by the City as
opposed to resident only credentials, and to accept drop off bulk waste or bulk pickups on
behalf of the resident (and if possible, find ways to make it easier for multi -family with more
than 9 units to have curb bulk pickup); and
WHEREAS, as the RFQ :process takes place, the Non -Exclusive Franchise, Waste
Contractor Agreements should remain effective on a month -to -month basis, and accompanying
franchise fees, in kind services, and other program contributions set to expire on September 30,
2023 to be extended effective October 1, 2023, until such time as the solicitation process of the
RFQ is completed.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY -COMMISSION
OF THE CITY OF MIAMI BEACH, FLORID Athat the Mayor and.City.Comm ission hereby;acceptthe
recommendation of the Finance and Economic Resilienc' Committee, at its Marche, 31, 2023
meeting, to proceed with a Request -For Qualifications (RFQ) for the City's waste hauler services,
and to extend the current contracts for non-exclusive commercial franchise waste services with.
Waste Management of Florida and Waste Connections of Florida, Inc., set to expire: on September
30, 2023, on a month -to -month basis until such time as the solicitation process of the RFQ is
corripleted and a replacement contract(s) is executed.
PASSED and ADOPTED THIS i7 day of / , 2023.
ATTEST:'
MAY 2 2
CITY.CLERI<. MAYOR.
"% INCQRP 0RLM
7 APPROVED AS TO
-FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Dote
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Resolutions - R7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 17, 2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS
MARCH 31, 2023 MEETING, TO PROCEED WITH A REQUEST FOR
QUALIFICATIONS (RFQ) FOR THE CITY'S WASTE HAULER SERVICES,
AND TO EXTEND THE CURRENT CONTRACTS FOR NON-EXCLUSIVE
COMMERCIAL FRANCHISE WASTE SERVICES WITH WASTE
MANAGEMENT OF FLORIDA AND WASTE CONNECTIONS OF FLORIDA,
INC., SET TO EXPIRE ON SEPTEMBER 30, 2023, ON A MONTH -TO -
MONTH BASIS UNTIL SUCH TIME AS THE SOLICITATION PROCESS OF
THE RFQ IS COMPLETED AND A REPLACEMENT CONTRACT(S) IS
EXECUTED.
rzq�Ppj u. u 01;19•
The Administration recommends accepting the recommendation of the Finance and Economic
Resiliency Committee, at its March 31, 2023 meeting, to proceed with a Request For
Qualifications (RFQ) for the City's waste hauler services, and to extend the current contract for
Non -Exclusive Commercial Franchise Waste Services with Waste Management of Florida and
Waste Connections of Florida, Inc., set to expire on September 30, 2023, on a month -to -month
basis until such time as the solicitation process of the RFQ is completed and a replacement
contract(s) is executed.
ANALYSIS
On October 16, 2019, the Mayor and City Commission adopted Resolution No. 2019-31056,
extending a renewal of the City's Non -Exclusive Franchise Waste Contractor Agreements and
new Service Agreement for a period of three (3) years, commencing as of October 1, 2019
and expiring on September 30, 2022.
The Public Works Department engaged MidAtlantic Solid Waste Consultants (MSW) to assist
staff with evaluating the current agreement structure, and to provide recommendations for an
open versus closed, exclusive versus non-exclusive, Franchise Waste Contractor Agreement.
At the April 29, 2022 Finance and Economic Resiliency Committee (FERC) meeting, the City
Administration presented MSW's findings, and, among them, MSW recommended for the City
Page 711 of 945
to transition to an exclusive franchise system. A motion was made to expand the analysis, and
to come back to a future meeting with the findings. The Administration continued meeting with
FERC on May 27, 2022, July 29, 2022, November 14, 2022, January 27, 2023, February 17,
2023, and lastly on March 31, 2023.
Parallel to the FERC discussions of what would be the future terms of a non-exclusive
commercial franchise waste contractor agreement and service agreements, a motion was
made for Public Works to place a request to extend, on a month -to -month basis, the contract
term of the Non -Exclusive Commercial Franchise Waste Contractor Agreement and Service
Agreement with Waste Management Inc. of Florida, and Waste Connections of Florida, Inc.,
for a period not to exceed September 30, 2023. The City Commission approved this request
via Resolution No. 2022-32228.
At the March 31, 2023 FERC meeting, Committee members made a motion to proceed with a
Request for Qualifications (RFQ) and provided additional guidance to consider when drafting
the RFQ, listed below.
• Have the Administration ensure no less than 3 waste haulers (with additional waste haulers
to serve as alternates to replace any primary waste hauler that drop out).
• Consider an annual percentage increase cap, and a hardship waiver that would allow the
waste hauler to exceed the cap's limit (depending on extenuating circumstances,) with the
City Commission's approval.
• Determine the term duration of the contracts between customers and haulers (whether a
maximum of 2 years, or 5 plus years, should there be a major capital investment for
equipment).
• Restrict the option for auto -renewal. Instead, allow a 90-day renewal notice from the
waste hauler to the resident, and a 60-day window for the customer to respond to the
waste hauler.
• Include a clause that would allow residents to call the City's Sanitation staff directly, should
there be any service issues or concerns, as well as allowing for residents to call the waste
hauler directly.
• Effective next fiscal year, provide a quarterly LTC report that would list complaints from
customers, identified issues, and turnaround time to remedy the issue(s).
• Include language to allow for property manager credentials to be accepted by the City in
the same manner as resident credentials for the purposes of drop off of bulk waste, or
bulk pickups on behalf of the resident (and if possible, find ways to make it easier for multi-
family with more than 9 units to have curb bulk pickup).
As the RFQ process takes place, the Administration will require that the month -to -month Non -
Exclusive Franchise Waste Contractor Agreements and accompanying franchise fees, in kind
services, and other program contributions set to expire on September 30, 2023, be extended
from October 1, 2023, until such time as the solicitation process of the RFQ is completed and
the new contracts are in place.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4% and rated the City as a good place to live.
FINANCIAL INFORMATION
Page 712 of 945
No fiscal impact.
CONCLUSION
The Administration recommends accepting the recommendation of the Finance and Economic
Resiliency Committee, at its March 31, 2023 meeting, to proceed with a Request For
Qualifications (RFQ) for the City's waste hauler services, and to extend the current contract for
Non -Exclusive Commercial Franchise Waste Services with Waste Management of Florida and
Waste Connections of Florida, Inc., set to expire on September 30, 2023, on a month-to;month
basis until such time the solicitation process of the RFQ is completed and a replacement
contract(s) is executed.
Applicable Area
Citywide
• 77 - u
No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Resolution
Page 713 of 945