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HomeMy WebLinkAbout2003-25385 Reso Inc RESOLUTION NO. 2003-25385 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 90-230 OF THE MIAMI BEACH CITY CODE, THE RENEWAL OF NON-EXCLUSIVE FRANCHISE AGREEMENTS WITH THE FOUR (4) EXISTING FRANCHISE WASTE CONTRACTORS: 1.) REPUBLIC SERVICES OF FLORIDA, LIMITED PARTNERSHIP, D/B/A ALL SERVICE - MIAMI DADE DIVISION, AS SUCCESSOR IN INTEREST TO LAZAROS WASTE RECYCLING; 2.) DAVIS SANITATION, INC; 3.) WASTE MANAGEMENT OF DADE COUNTY NORTH, A DIVISION OF WASTE MANAGEMENT, INC OF FLORIDA; AND 4.) BROWNING FERRIS INDUSTRIES WASTE SYSTEMS OF NORTH AMERICA; SAID FRANCHISES APPROVED FOR A TERM OF FIVE (5) YEARS, COMMENCING RETROACTIVELY ON OCTOBER 1, 2003, AND ENDING ON SEPTEMBER 30, 2008; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXCECUTE FRANCHISE AGREEMENTS WITH THE FOUR (4) AFORESTATED FRANCHISEES; PROVIDING FURTHER, THAT SAID APPROVAL OF RENEWAL OF THE FOUR (4) FRANCHISE WASTE CONTRACTORS BE SUBJECT TO AND CONTINGENT UPON EACH WASTE CONTRACTOR'S RENEWAL AND EXECUTION OF THE CURRENTLY EXISTING AGREEMENT FOR PROVISION OF ADDITIONAL SERVICES RELATIVE TO SOLID WASTE COLLECTION AT CITY-OWNED FACILITIES, WITH THE TERM OF SAID AGREEMENT(S) TO RUN CONCURRENTLY WITH THE TERM OF THE FRANCHISE, AS SET FORTH IN THIS RESOLUTION. WHEREAS, on April 24, 1991, the Mayor and City Commission adopted Ordinance No. 91-2742, amending Chapter 14A of the Miami Beach City Code entitled, "Garbage" (said Chapter 14A now codified within Chapter 90 of the City Code), and providing the licensing and operating criteria for not more than five (5) non-exclusive waste contractors to provide collection and disposal of solid waste generated within the City of Miami Beach; and WHEREAS, on October 9, 1991, the Mayor and City Commission adopted Ordinance Nos. 91-2758; 91-2759; 91-2760; and 91-2761, respectively, providing for the granting of non-exclusive franchises to: Ameri-Carting, Inc. (which was assigned to Westside Sanitation d/b/a Lazaros Waste Recycling, which in turn is now succeeded by Republic Services of Florida, Limited Partnership d/b/a All Service - Miami Dade Division); Davis Sanitation, Inc.; Browning Ferris Industries Waste Systems of North America; and Waste Management of Dade County North, a Division of Waste Management, Inc. of Florida, for the collection and disposal of solid waste generated within the City of Miami Beach; and WHEREAS, the initial seven (7) year term of the non-exclusive franchises currently held by the four (4) afore stated franchisees expired on October 18,1998; and WHEREAS, on October 7, 1998, the Mayor and City Commission adopted Ordinance Nos. 98-3142; 98-3143; 98-3144; and 98-3145, respectively, approving the renewal of the aforestated franchises for a five (5) year term, which will expire on or about October 18, 2003; and WHEREAS, the City may thereupon, at its sole discretion, either accept applications for new franchises and/or renew the current franchises for an additional term; and WHEREAS, the Administration has been negotiating with all four of the City's current non-exclusive franchisees, and herein recommends that the Mayor and City Commission approve renewal of said franchises, for a term of five (5) years, commencing retroactively on October 1, 2003, and ending on September 30, 2008; and WHEREAS, as further consideration for the Administration's recommendation for renewal of the four (4) incumbent non-exclusive franchises, the Administration would also recommend that said approval of the Franchise Agreement with each of the four (4) franchise waste contractors be subject to and contingent upon each contractor's renewal and execution of the currently existing Agreement for provision of additional services relative to solid waste collection at City-owned facilities, with the term of said Agreement(s) to run concurrently with the term of the franchise. 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, upon recommendation of the Administration, herein approve, pursuant to Section 90-230 of the Miami Beach City Code, the renewal of non-exclusive franchise agreements with the four (4) existing franchise waste contractors: 1.) Republic Services Of Florida, Limited Partnership, d/b/a All Service - Miami Dade Division, as successor in interest to Lazaros Waste Recycling; 2.) Davis Sanitation, Inc; 3.) Waste Management of Dade County North, a Division of Waste Management, Inc of Florida; and 4.) Browning Ferris Industries Waste Systems of North America; said franchises approved for a term of five (5) years, commencing retroactively on October 1 , 2003, and ending on September 30, 2008; further authorizing the Mayor and City Clerk to execute Franchise Agreements with the four (4) aforestated franchisees; providing further, that said approval of renewal of the four (4) franchise waste contractors be subject to and contingent upon each waste contractor's renewal and execution of the currently existing Agreement for provision of additional services relative to solid waste collection at City-owned facilities, with the term of said Agreement(s) to run concurrently with the term of the franchise, as set forth in this resolution. PASSED AND ADOPTED this 15th day of lL1(( ATTEST: lItwcr PCU~ CITY CLERK Resolution No. 2003-25385 JMG/RCM/FHB/AZ ~AS1O FORM & LANGUAGE & FOR EXECUTION . IO-'-v? Date ,2003 CITY OF MIAMI BEAcH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution approving the renewal of the non-exclusive Franchise Agreements with the four (4) existing Franchise Waste Contractors: 1. Republic Services of Florida; 2. Davis Sanitation, Inc.; 3. Waste Management of Dade County North; and 4. Browning Ferris Industries Waste Systems of North America; for a term of five (5) years commencing retroactively on October 1, 2003; providing further that said approval be subject to and contingent upon each contractor's renewal and execution of the currently existing agreement for provision of additional services relative to said waste collection at City-owned facilities with the term to run concurrentlv with the term of the franchise. Issue: Should the City authorize the renewal of the four (4) existing Franchise Waste Contractors, subject and contingent to each contractor's renewal and execution of the existing agreement for provision of waste collection services at City-owned facilities? Item Summa IRecommendation: The City Commission adopted Ordinance Nos. 91-2758; 91-2759; 91-2760; and 91-2761 providing the granting of non-exclusive franchise to Ameri-Carting, Inc. (Republic Services); Davis Sanitation, Inc.; Browning Ferris Industries; and Waste Management, Inc. for the collection and disposal of solid waste generated within the City of Miami Beach; the initial seven (7) year term expired on October 18, 1998. On June 18, 1997 the non-exclusive franchises were renewed for a term of five (5) years, which will expire October 18, 2003. During this renewal the number franchisees were decreased from five (5) to four (4), in exchange the franchisees agreed to provide in-kind services to the City. The Administration's recommendation to renew the four (4) existing non-exclusive franchises for a term of five (5) years, based on the following: 1. No significant issues regarding service; when issues or concerns are raised, Franchisees provide outstanding response and resolution. 2. Continued support of City's Sanitation programs through: . Increase of Franchise Fee approved by City Commission effective Oct. 1, 2003 from fourteen (14%) to sixteen percent (16%) of total annual gross receipts. . Continued contribution of two percent (2%) of total annual gross receipts to the City's Public Right-of-Way Cleaning program. 3. Agreement to continue to provide in-kind waste collection and removal services for City-owned facilities, to run concurrently with the term of the franchise. These services will save the City an estimated $236,000 annually. 4. Agreement to provide roll-off containers and cardboard garbage boxes, for special events, to the City at no cost. 5. The four 4 Franchisees are the Advisory Board Recommendation: I Financial Information: Amount to be expended: Source of Amount I Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Si n-Offs: Department Director ity Manager AGENDA ITEM ((7k DATE /4-/~-03 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachft.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Date: October 15, 2003 Members of the City Commission Jorge M. Gonzalez ~vO-X--' City Manager U () A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 90-230 OF THE MIAMI BEACH CITY CODE, THE RENEWAL OF NON-EXCLUSIVE FRANCHISE AGREEMENTS WITH THE FOUR (4) EXISTING FRANCHISE WASTE CONTRACTORS: 1.) REPUBLIC SERVICES OF FLORIDA, LIMITED PARTNERSHIP, DIBIA ALL SERVICE - MIAMI DADE DIVISION, AS SUCCESSOR IN INTEREST TO LAZAROS WASTE RECYCLING; 2.) DAVIS SANITATION, INC.; 3.) WASTE MANAGEMENT OF DADE COUNTY NORTH, A DIVISION OF WASTE MANAGEMENT, INC. OF FLORIDA; AND 4.) BROWNING FERRIS INDUSTRIES WASTE SYSTEMS OF NORTH AMERICA; SAID FRANCHISES APPROVED FOR A TERM OF FIVE (5) YEARS, COMMENCING RETROACTIVELY ON OCTOBER 1, 2003, AND ENDING ON SEPTEMBER 30, 2008; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FRANCHISE AGREEMENTS WITH THE FOUR (4) AFORESTATED FRANCHISEES; PROVIDING FURTHER, THAT SAID APPROVAL OF RENEWAL OF THE FOUR (4) FRANCHISE WASTE CONTRACTORS BE SUBJECT TO AND CONTINGENT UPON EACH WASTE CONTRACTOR'S RENEWAL AND EXECUTION OF THE CURRENTLY EXISTING AGREEMENT FOR PROVISION OF ADDITIONAL SERVICES RELATIVE TO SOLID WASTE COLLECTION AT CITY-OWNED FACILITIES, WITH THE TERM OF SAID AGREEMENT(S) TO RUN CONCURRENTL YWITH THE TERM OF THE FRANCHISE, AS SET FORTH IN THIS RESOLUTION. To: Subject: ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed resolution. BACKGROUND The City of Miami Beach has non-exclusive franchise agreements with four (4) solid waste haulers: Lazaros Waste Recycling; Davis Sanitation, Inc.; Browning Ferris Industries Waste Systems of North America; and Waste Management of Dade County North, a Division of Waste Management, Inc. of Florida. On October 9,1991, the Mayor and City Commission adopted Ordinance Nos. 91-2758; 2759; 2760; and 2761, providing for the granting of a non-exclusive franchise to five (5) companies; Ameri-Carting, Inc.(which was assigned to Westside Sanitation, d/b/a Lazaros Waste Recycling, which in turn is now succeeded by Republic Services of Florida, Limited Partnership d/b/a All Service Miami - Dade County); Davis Sanitation, Inc.; Browning Ferris Industries Waste Systems of North America; and Waste Management of Dade County North, a Division of Waste Management, Inc. of Florida, for the collection and disposal of solid waste generated within the City of Miami Beach. The initial seven (7) year term of the non-exclusive franchise expired on October 18, 1998. On June 18, 1997, the Mayor and City Commission adopted Resolution No. 97-22435, approving an assignment of the non-exclusive franchise, Westside Sanitation d/b/a Lazaros Waste Recycling as successor in interest of Ameri-Carting Corporation, a Florida Corporation. On October 7,1998, the Mayor and City Commission adopted Ordinance Nos. 98-3142; 3143; 3144; and 3145 approving the renewal to four (4) franchisees for a five (5) year term which will expire October 18, 2003 at which time the City may at its sole discretion, either accept applications for a new franchisee and/or renew the current franchisee for an additional term. During this renewal the number franchisees were decreased from five (5) to four (4), in exchange the franchisees agreed to provide in-kind services to the City. ANALYSIS Administration has been negotiating with all four (4) of the City's current non-exclusive franchisees, and recommends that the Mayor and City Commission approve a renewal term of five (5) years, based on the following: 1. No significant issues regarding service; when issues or concerns are raised, Franchisees are responsive to our calls. 2. Continued support of City's Sanitation programs through: a. Increase of Franchise Fee approved by City Commission effective Oct. 1, 2003 from fourteen (14%) to sixteen percent (16%) of total annual gross receipts. b. Continued contribution of two percent (2%) of total annual gross receipts to the City's Public Right-of-Way Cleaning program. 3. Agreement to continue to provide in-kind waste collection and removal services for City-owned facilities, to run concurrently with the term of the franchise. These services will save the City and estimated $236,000 annually. 4. Agreement to provide roll-off containers and cardboard garbage boxes, for special events, to the City at no cost. 5. The four (4) Franchisees are the principle refuse haulers in the region For administrative purposes, the Administration recommends that the agreements start retroactively on October, 1, 2003 and end on September 30, 2008. The Franchisees had provided in-kind waste collection and removal services for City-owned facilities under a separate agreement as part of the last approval process. The Franchisees have agreed to execute a separate agreement to continue to provide these services. CONCLUSION The City Administration recommends that the Mayor and the City Commission adopt the attached resolution authorizing the Mayor and the City Clerk to execute a Franchise Agreement with the four waste contractors; Republic Services of Florida, Limited Partnership d/b/a All-Services - Miami Dade Division; Davis Sanitation, Inc.; Waste Management of Dade County North, A Division of Waste Management, Inc.; and Browning Ferris Industries Waste Systems of North America; for a term of five years commencing retroactively on October 1, 2003 and ending on September 30, 2008. Administration further recommends that said approval is subject to and contingent upon each contractor's renewal and execution of the currently existing Agreement for provision of waste collection and removal at City-owned facilities, with the term of said agreement to run concurrently w' the term of the Franchise.