2008-26867 ResoRESOLUTION NO. 2008-26867
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A
REQUEST FOR QUALIFICATIONS (RFQ) FOR A FIFTH FRANCHISE WASTE
CONTRACTOR FOR COMMERCIAL WASTE COLLECTION AND DISPOSAL,
SUBJECT TO THE MINIMUM QUALIFICATIONS PROVIDED IN SECTION 90-229
OF THE CITY CODE; AND FURTHER APPROVING A MONTH TO MONTH
EXTENSION OF THE FRANCHISE AGREEMENTS WITH THE FOUR (4)
CURRENT FRANCHISE WASTE CONTRACTORS: 1) WASTE MANAGEMENT
OF DADS COUNTY NORTH 2) REPUBLIC SERVICES OF FLORIDA, 3) WASTE
SERVICES, INC., AND 4) DAVIS SANITATION, INC.; SAID EXTENSION
COMMENCING ON OCTOBER 1, 2008, AND ENDING UPON TERMINATION OF
THE RFQ PROCESS OR RENEWAL OF THE AFORESTATED FOUR (4)
FRANCHISE AGREEMENTS, WHICHEVER IS EARLIER.
WHEREAS, the Miami Beach City Code provides for five (5) franchise waste contractors for
commercial waste collection and disposal; and
WHEREAS, in 1998, the City Commission, through specific agreement with the four (4)
franchisees at the time, agreed not to fill the vacant fifth franchise spot, in consideration for certain
additional sanitation services to be provided to the City; and
WHEREAS, the last renewal term for the franchise agreements with the current franchisees
is expires on September 30, 2008; and
WHEREAS, the City Commission is desirous of providing additional competition in
commercial waste collection and disposal and, as such, now wishes to consider the issuance of a
fifth franchise for waste collection; and
WHEREAS, in order to facilitate the issuance of a Request for Qualifications for a fifth
franchise waste collection and disposal contractor, and to provide the City Commission the
opportunity to simultaneously address the fifth franchise with the negotiation of new franchise
agreements with the existing four (4) franchisees, it is necessary to extend the four (4) current
franchise agreements on a month to month basis.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission hereby approve and
authorize the Administration to issue a Request for Qualifications for a fifth franchise waste
contractor for commercial waste collection and disposal, subject to the minimum qualifications
provided in Section 90-229 of the City Code; and further approve a month to month extension of the
franchise agreements with the four (4) current franchise waste contractors: 1) Waste Management
of Dade County North 2) Republic Services of Florida, 3) Waste Services, Inc., and 4) Davis
Sanitation, Inc.; said extension commencing on October 1, 2008, and ending upon termination of the
RFQ process or renewal of the aforestated four (4) franchise agreements, whichever is earlier.
PASSED and ADOPTED this 8th
ATTEST:
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RT WGENDAZ2008~epember 8\FranchiseAgreementEMRESO.doc
day of September
2008.
M OR
Matti Herrera Bower 8~F0 EXECUTION
fl 19 0
..--' eY
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing the Administration to Issue a Request for Qualification (RFQ) for a Fifth Franchise Waste
Contractor for Commercial Waste Collection and Disposal and Extend to Month the Franchise Agreement with the
Four Current Waste Haulers.
Intended Outcome Su
Im rove cleanliness of Miami Beach Ri ht-of-Wa s es eciall in business areas.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2007 Miami Beach Community survey shows the following improvements compared to the 2005 survey in
cleanliness of streets in business/ commercial areas, residential neighborhoods and canals/ waterways:
• 9% improvement in rating of street cleanliness in neighborhoods by Mid Beach and Condo Corridor
residents respectively,
• 10% improvement in street cleanliness in business/ commercial areas by Mid Beach residents,
• 8% and 6% improvement in street cleanliness in business/ commercial areas by South and Mid Beach, and
• 17% im rovements in Mid Beach resident ratin of canals/ waterwa s as excellent or ood.
Issue:
Shall the Ma or and Cit Commission a rove the Resolution?
Item Summa /Recommendation:
The City Code currently makes provisions for 5 solid waste contractors to serve as Franchisees of the City of Miami
Beach in the provision of solid waste services to commercial properties.
In 1998, The City Commission approved renewal agreements with 4 Franchisees to provide solid waste services to the
City in exchange for not issuing a 5th license to fill a vacancy that had occurred. The agreements have continued
through renewals with the 4 Franchisees in 2003 and are due to expire on September 30, 2008.
At the August 21, 2008 meeting of the Finance and City Wide Projects Committee, the question of renewing the 4
franchise licenses in exchange for the provision of added services, while leaving vacant the 5th license, was discussed.
The Committee discussed the levels of competition desired within this service sector and possible benefits to the
community.
The Committee voted to recommend to the full City Commission that the Administration negotiate with the current 4
Franchise license holders to determine what additional services might be negotiated as a result of their license
renewals. The Committee also recommended that a RFQ be issued to solicit interested contractors in filling the vacant
5th license.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
~~ 2
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
AI Zamora, Sanitation Director, ext 3541
Sign-Offs:
De artment D' or Assists Mana er Cit Mana r
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9 MIAMIBEACH
UU
AGENDA ITEM I°t~~
DATE -g- o
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
CQMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 8, 2008
SUBJECT: A RESOLUTION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING
THE ADMINISTRATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ)
FOR A FIFTH FRANCHISE WASTE CONTRACTOR FOR COMMERCIAL
WASTE COLLECTION AND DISPOSAL, SUBJECT TO THE MINIMUM
QUALIFICATIONS PROVIDED IN SECTION 90-229 OF THE CITY CODE; AND
FURTHER APPROVING A MONTH TO MONTH EXTENSION OF THE
FRANCHISE AGREEMENTS WITH THE FOUR (4) CURRENT FRANCHISE
WASTE CONTRACTORS: 1)WASTE MANAGEMENT OF DADE COUNTY
NORTH , 2) REPUBLIC SERVICES OF FLORIDA, 3)WASTE SERVICES, INC.,
AND 4)DAVIS SANITATION, INC.; SAID EXTENSION COMMENCING ON
OCTOBER 1, 2008, AND ENDING UPON TERMINATION OF THE RFQ
PROCESS OR RENEWAL OF THE AFORSTATED FOUR (4) FRANCHISE
AGREEMENTS, WHICHEVER IS EARLIER.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
The City Code currently makes provisions for 5 solid waste contractors to serve as
Franchisees of the City of Miami Beach in the provision of solid waste services to
commercial properties.
In 1998, the City Commission approved renewal agreements with 4 Franchisees to provide
solid waste services to the City in exchange for not issuing a 5th license to fill a vacancy that
had occurred. These agreements have continued through renewals with the 4 Franchisees
in 2003 and are due to expire on September 30, 2008.
At the August 21, 2008 meeting of the Finance and City Wide Projects Committee, the
question of renewing the 4 franchise licenses in exchange for the provision of added
services, while leaving vacant the 5th license, was discussed. The Committee discussed the
levels of competition desired within this service sector and possible benefits to the
community. The Committee voted to recommend to the full City Commission that the
Administration negotiate with the current 4 Franchise license holders to determine what
additional services might be negotiated as a result of their license renewals the Committee
also recommended that a request for qualifications (RFQ) be issued to solicit interested
contractors in filing the vacant 5th license. It was the consensus of the Committee that if the
current franchisees agreed to the provision of added services at no cost to the City, that the
licenses would be recommended for renewal and that if a 5th contractor were to be selected
by the City Commission, that new license holder would assume a proportionate share of the
responsibility to provide the free services to the City.
The Administration has started the negotiation process with current Franchisees to
determine which services might be added to the agreement.
In order to have the renewal consideration done together with a 5th license consideration, it
is necessary to have the RFQ issued as soon as possible.
It is important to emphasize that the City Code provisions now in effect have an established
procedure in place to address any new Franchisees. The process is one in which interested
contractors establish their qualifications to serve as a Franchisee. If more than one party is
qualified, the determination which contractor is selected for the license is made on the basis
of the number of accounts that the contractor has in the City of Miami Beach, or in the
Commissions discretion, outside the City.
Per Section 90-229, the City shall license not more than five (5) franchise waste contractors
for residential and commercial waste collections and disposal as provided in Section 90-97.
Each applicant for a garbage and trash disposal license or renewal thereof shall submit, in
writing, a list of it qualifications. The minimum qualification to be considered in the granting
of such licenses shall include:
1. Evidence of the applicant's ability to fulfill all duties and requirements of a franchise
waste contractor as set forth in this chapter, including proper certification and
adequate insurance coverage.
2. Certification that the applicant has never defaulted on any government contracts or
bid awards.
3. Evidence that the applicant has the potential for a significant amount of business
within the city, comprised of either a minimum of 50 committed accounts within the
city or, in the alternative, the city commission may accept, in its sole discretion, 50
comparable committed accounts from outside of the city.
4. Certification that there are no unsatisfied judgments against the applicant.
5. Certification that the applicant is not and will not be, throughout the term that he has
a license, affiliated with as a parent, subsidiary, by virtue of an interlocking
directorate or otherwise, an affiliated entity of any existing licensee or any applicant
for a licensee under section 90-191 et seq.
In the event more than one proposal is received, the existing City Code selection mechanism
is as follows:
(b) If more than one applicant for a franchise waste contractor's license qualify under
the minimum qualifications of this divisions, license issuance shall be determined
by the City Commission based upon the greatest number of committed accounts,
either within the city or, where the city commission has so accepted same in its
discretion, from outside the city
As the current four franchise agreements expire on September 30, 2008, if the City
Commission accepts the recommendation of the Finance & Citywide Projects Committee,
completion of the two specified activities (solicit qualifications for a fifth franchise, license
holder and negotiation of an added services agreement with the current franchisees) will not
be completed before the expiration of the current agreements. As such it is recommended
that the City Commission approve the attached Resolution which provides for a month to
month extension of the franchisees service agreements with the City of Miami Beach and
the issuance of a Request for Qualifications (RFQ) for a fifth waste contractor.
2
CONCLUSION
It is recommended that the City Commission approve the resolution that authorizes the City
Manager to issue a Request for Qualifications for solid waste contractors to provide services
in the City to commercial properties as a 5`h franchise license holder pursuant to the
requirements of City Code Chapter 90; and approve month to month extensions with the four
(4) current franchise waste contractors.
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