99-23431 RESO
RESOLUTION NO. 99-23431
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE SERVICE
AGREEMENT BETWEEN THE CITY AND ONYX FLORIDA, LLC, FOR CITY OF
MIAMI BEACH RESIDENTIAL SOLID WASTE COLLECTION AND YARD
TRASH COLLECTION, BY REVISING THE BULK WASTE PICKUP SCHEDULE
WHEREAS, pursuant to Request for Proposals No. 53-97/99 for City of Miami Beach
Residential Solid Waste Collection and Yard Trash Collection, the City negotiated and entered
into a Service Agreement with Onyx Florida, LLC, as the successful proposer, on September
10, 1998, for residential solid waste collection and yard trash collection with an initial term
commencing on October 12, 1998, and expiring on October 18, 2000 (the Agreement); and
WHEREAS, the Administration finds it in the public interest to retain regulatory
authority as permitted by law over waste collection and disposal because of the overriding
public health, safety, welfare and ecological considerations associated with the provision of
this service; and
WHEREAS, the Administration finds it in the public interest to elevate the quality of
waste collection services and expand City residential waste account holders' options by
amending the method of bulk waste collection as stated in the Agreement; and
WHEREAS, the Administration finds it in the public interest to replace the current
"zone" method of bulk waste collection with an "on-call" method that would allow residents
bulk waste collection by appointment only, granting them more control over the scheduling of
their bulk waste collection to coincide with their needs; and
WHEREAS, the Administration finds it in the public interest to include in the attached
First Amendment a provision that all "on-call" appointments would be deferred while the
contracted hauler is operating under a "Notice to Proceed for Storm Debris Cleanup," issued
by the City, thus allowing a more efficient and prompt post storm cleanup; and
WHEREAS, it is necessary to effect the attached First Amendment on a timely basis to
allow Onyx Florida, LLC ample time to send out written notification to all City residential
waste accounts informing them of the changes to the bulk waste collection program.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the attached
First Amendment to the Service Agreement No. 53-97/99, between the City and Onyx Florida,
LLC, for City of Miami Beach Residential Solid Waste Collection and Yard Trash Collection,
by revising the bulk waste schedule.
PASSED and ADOPTED this 15th day of December, 1999.
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MAYOR
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
CITY CLERK
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ONYX FLORIDA LLC
~ONYX
November 23, 1999
Honorable Neisen Kasdin
Mayor
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Reference:
On-Call Bulk Program Starting January 2000
Dear Mayor Kasdin:
It was a genuine pleasure meeting with you and City staff members in your office this
last Friday. As discussed, the existing zone bulk collection system that has been in
place for many years is highly inconvenient for residents, since it requires that bulk
waste be put out during a very narrow time window every other month.
It was agreed during our meeting that an "On-Call" system would be much more
convenient for residents. The basic features of this system would be, in addition to
suspension of the current zone service:
Ii1 Each residential account (each single family home or each small multi-family unit)
would be eligible for up to 4 bulk waste pickups each calendar year.
~ By calling the existing ONYX Hotline 1-877-ECO-ONYX (1-877-326-6699) each
account would schedule its next bulk pickup appointment with the ONYX
representative. The appointment would have to be made no less than 5 calendar
days prior to the scheduled pickup. Of course, the pickup would be effected by
ONYX on the appointment day and not before nor later.
~ There would be no extra charge to the City for this more convenient service.
Pickups beyond 4 per year per account would be charged by ONYX to the resident
as Special Pickups, in the same way as is provided now under the service contract.
~ The new On-Call service would begin effective January 15, 2000. Scheduling of
appointments would begin Monday January 3, 2000.
3225 aviation avenue, 4th floor, miami, Florida 33133 (305) 854-2229 (305) 854-2272
solid waste hotline tel. 1-877-ECO-ONYX (1-877-326-6699)
..../
Mayor Neisen Kasdin
On-Call Bulk Waste Program
November 22, 1999
~ The On-Call program would not be in effect while ONYX is operating under a "Notice
to Proceed for Storm Debris Cleanup" issued by the City.
Assuming the City's concurrence to the On-Call program is received by mid December,
ONYX will, during December, send out one mailing to all residential accounts. During
the first two weeks of January, ONYX will distribute door hangers to each residential
account. The City will send two repeated notices announcing the program together with
water bills starting with the first possible water bill distribution after the City's
concurrence to the program.
If the above program meets with your approval, please sign below in agreement.
Sincerely,
,
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Leonard N. Enriquez
Vice President
For the City of Miami Beach:
Name
Title
COpy:
Mr. Sergio Rodriguez, City Manager
Mr. Matthew D. Schwartz, Assistant City Manager
Mr. Robert Thomas, Director-Sanitation Department
Mr. Raul Aguila, Esquire, First Assistant City Attorney
2
Amendment 1 to Service Agreement Between the City of Miami Beach and
ONYX Florida, LLC for City of Miami Beach Solid Waste Collection and Yard
Trash Collection
Reference is made to that certain Service Agreement Between the City of Miami
Beach and ONYX Florida, LLC for City of Miami Beach Solid Waste Collection
and Yard Trash Collection dated the 10th day of September, 1998 ("the
Agreement"), in which the City of Miami Beach, Florida and ONYX Florida, LLC
(collectively, "the Parties") agree, among other things, on the scope and pricing
of solid waste services provided by ONYX Florida, LLC ("ONYX") to the City of
Miami Beach ("the City".) Capitalized terms defined in the Agreement shall have
the same definition in this Amendment unless otherwise indicated herein.
By means of this Amendment, the Parties hereby agree to amend the Agreement
by replacing the first sentence of Paragraph 7.1 of the Agreement by the
following sentence:
"Contractor shall provide residential solid waste collection services within
the City limits of Miami Beach, and as specifically set forth the in RFP No.
53-97/99, dated May 5, 1998 except that with respect to collection of
Remodeling and Home Repairs Trash, Yard Trash-Bulk, Household
Furniture, and White Goods (collectively, "Bulk Waste"):
a) Beginning on January 15, 2000, Contractor shall collect such Bulk
Waste only on dates scheduled by Contractor individually with each
Residential Account ( a "Residential Account" means either a
Residence (Single Family) or a Multiple Dwelling Unit);
b) Contractor shall collect, without additional charge to the City under this
Agreement, such Bulk Waste a maximum of four (4) times per calendar
year for each Residential Account;
c) in the event that any Residential Account requests and Contractor
accomplishes more than four (4) Bulk Waste pick-ups during any
calendar year, then Contractor shall be able to charge the Residential
Account in question for each Bulk Waste pick-up above four (4) per
calendar year as a Special Pick-Up, pursuant to the terms of
Paragraph 5.36 Special Pick-Up of the Agreement;
d) Contractor shall not schedule a pick-up nor be obligated to collect such
Bulk Waste unless the Residential Account in question agrees to
schedule its next Bulk Waste pick-up at least five (5) calendar days
after its first call-in request;
e) Contractor shall make available a telephone line (initially 1-877-ECO-
ONYX) to allow residents to schedule Bulk Waste pick-ups; and
1
f) from the date of issuance of a Notice to Proceed for Storm Debris
Cleanup issued by the City to Contractor pursuant to Paragraph 7.12
Storm Debris Cleanup of the Agreement until the receipt by Contractor
of a written notice to stop work under such Notice to Proceed for Storm
Debris Cleanup, Contractor shall not be obligated to schedule nor
accomplish any collection of Bulk Waste as set forth in this Paragraph
7.1.
All other terms of the Agreement shall continue to apply. In the event of conflict
between the Agreement and this Amendment, this Amendment shall take
precedence.
In witness whereof, and intending to be legally bound, the parties hereto
subscribe their names to this instrument on the 15thday of December, 1999:
For the City of Miami Beach
vJf#
Neisen Kasdin, Mayor
Attest:
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City Clerk
APPROVED p.S TO
FORM & lANGUAGE
8. fOR EXECUTtON
For ONYX Florida, LLC
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Leonard N. Enriquez, Man ger
Print Name
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Print Name
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. ~&)
TO:
Mayor Neisen O. Kasdin and
Members of the City mission
DATE: December 15, 1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL ION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST
AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE CITY
AND ONYX FLORIDA, LLC, FOR CITY OF MIAMI BEACH
RESIDENTIAL SOLID WASTE COLLECTION AND YARD TRASH
COLLECTION, BY REVISING THE BULK WASTE PICKUP SCHEDULE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The City issued Request for Proposals No. 53-97/99 entitled, "Residential Solid Waste and Yard
Trash Collection and Disposal," on May 7, 1998. The Mayor and City Commission selected Onyx
Florida, LLC, as the first ranked proposer at the regular Commission meeting on July 15, 1998. The
Administration negotiated and a service agreement was entered into on September 10, 1998,
commencing on October 12, 1998. The initial term ofthis Agreement is for two years, beginning
on October 12, 1998, and ending on October 18,2000. The City has an option, at its sole discretion,
to renew the Agreement subject to the terms and conditions, including the same costs to the City,
as set forth within the Agreement. This renewal would be for one additional two-year term, with
said renewal term commencing on October 19,2000, and ending on October 18,2002. To exercise
its option to renew, the City must give the Contractor written notice of such renewal at least sixty
days prior to the end of the initial term of the Agreement.
Included in the scope of services provided pursuant to this Agreement, is a provision for bulk waste
collection. Non-containerized bulk collection service is provided at least six times per year, to
include white goods (household appliances) and large cuttings of vegetative and wood matter, which
are part of normal yard maintenance which cannot be cut for placement in a container, bag, or
bundle, due to the material exceeding the weight and size restrictions for regular yard trash.
AGENDA ITEM
RlD_
I ~- 15..'1 J
DATE
December 15, 1999
Page 2
The current contractor represented and warranted that it had reviewed the City's collection records
and understood that at certain times during the year, the quantity of refuse to be collected and
disposed of would be materially increased. The Contractor agreed that seasonal fluctuations will not
be justification for the contractor to fail to maintain the required collection schedules and routes or
to justify a rate increase.
Included in the RFP No. 53-97/99 were two amendments which Onyx Florida, LLC, acknowledged
receiving. There were several inquiries that were resolved in these amendments, including annual
costs associated with providing the proposed services and the amount of solid, yard and bulk waste
being collected.
It was noted in RFP No. 53-97/99 that there was no limit to the amount of bulk waste to be picked
up six times per year. The cost of delivering the services bound by the previous fiscal year's (FY
96/97) service agreement was also disclosed during the RFP process. It was noted that the annual
cost was $1,228,000 including disposal costs. Also included in the RFP were statements disclosing
the amount in tonnage of solid, yard and bulk waste being collected annually. It was noted that
approximately 700 tons of solid and yard waste was collected on an annual basis, plus an additional
1920 tons of bulk annually.
The following chart compares the bulk waste services provided by the City to those of local
municipalities:
Frequency/ Weight Limitations Items
Location
Dade County Once per year/ 50 cubic yards No dirt or sand, 1 cubic
Curbside- yard of construction
debris allowed-no
hazardous waste
2nd pickup day 2 bulk items less than
150 lbs.-debris less
than 4ft. and bundled,
50 Ibs. each (2 bundles)
Miami Once Weekly/ 1-2 cubic yards (not strict No construction-no
Curbside very flexible) Hazardous waste
Coral Gables Once Weekly! 1 cubic yard (not strict No construction-no
Backdoor (extremely flexible) hazardous waste,
Extra charge for white
goods at $40 per item
(flexible)
December 15. 1999
Page 3
North Miami Once Weekly/ No limitations No construction-no
Curbside Hazardous waste
Key Biscayne Once Monthly/ No limitations No construction-no
Curbside hazardous waste
Hialeah Once Monthly/ No limitations No construction-no
Curbside hazardous waste
Miami Beach 6 Times per year/ No limitations No construction-no
Curbside hazardous waste
The most common complaint that the City has received about bulk waste is that the collection
process is too lengthy, leaving large amounts of debris on the streets of Miami Beach for an
excessive length of time.
On September 24, 1999, the City Administration met with Onyx Florida, LLC, representatives to
discuss the bulk waste concerns voiced by City residents. At this meeting, Onyx Florida, LLC,
concurred that the state of the current bulk waste collection was unacceptable and in need of
immediate improvement.
On November 19, 1999, Mayor Kasdin and the City Administration again met with Onyx Florida,
LLC, representatives, discussing the large amount of complaints received from City residents,
particularly referencing bulk waste pickup. At this meeting it was agreed that an "On-Call" program
would be much more convenient for residents. (Note attached proposal from Onyx.) Along with
the suspension of the current "Zone" program, the basic features of the new program are listed
below:
· Each residential account on City service would be eligible for up to four bulk waste pickups
each calendar year (versus six today).
· By calling the existing ONYX Hotline at 1-877 -ECO-ONYX (1-877-326-6699) each account
would schedule its next bulk pickup appointment with the ONYX representative. The
appointment would have to be made no less than five calendar days prior to the scheduled
pickup. Of course, the pickup would be effected by ONYX on the appointment day and not
before or later.
· There would be no extra charge to the City for this more convenient service. Pickups beyond
four per year, per account, would incur a fee charged by ONYX to the requesting resident.
This fee charged to the requesting resident is for a "Special Pickup," the same as provided
in Section 5, Subsection 5.36 of the City's current service agreement with ONYX.
· The new "On-Call" service would become effective January 15, 2000. Scheduling of
appointments would begin Monday, January 3, 2000. Appointments will be made five
calendar days prior to pickup. Pickup will occur on the scheduled day.
December 15, 1999
Page 4
· The "On-Call" service would not be in effect while ONYX is operating under a "Notice to
Proceed for Storm Debris Cleanup" issued by the City.
If the City Administration approves this new program, the Administration will notify ONYX of
approval by written correspondence by mid December. As part of this new program, ONYX has
agreed that upon receipt of the City's approval, they will send out written notification to all
residential accounts during the month of December 1999. They have committed to distribute door
hangers to each residential account during the first two weeks of January 2000. The City will also
send out two repeated program announcements included on the first possible utility bills after the
City's approval.
The City Administration feels that by instituting this new program, the number of complaints would
decrease. Though the actual number of bulk waste collections will be reduced, the quality of
services provided to them will be significantly improved. The overall impact on the environmental
quality of the residential neighborhoods will be enhanced.
It is recommended that the Mayor and City Commission adopt the attached Resolution approving
and authorizing a First Amendment to Service Agreement No. 53-97/99, by revising the bulk waste
pickup schedule.
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SR:~DS:RT/sg
Attachment