C2A-Issue RFQ Commercial Waste Collections And Disposal ServicesCondensed Title:
Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise
Contractor To Provide Commercial Waste Collections And Dis osal Services.
Ke Intended Outcome Su orted:
To provide the essential service of solid waste removal to City residents and businesses.
Item Summary/Recommendation:
The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste
Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami.
A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired
by Waste Services, Inc. As a result, the number of franchises available to the City for solid waste services
will be reduced from three (3) to two (2).
This item was referred by the Administration to the FCWPC for discussion and further direction. At its
Mach 21, 2013 meeting, the FCWPC Committee made a motion to bring the item back to Commission.
Should the City Commission authorize the issuance of a RFQ for a third solid waste franchise contractor
to provide commercial waste collection and disposal services, all aforementioned provisions will be
included with a term expiring on August 31, 2015 to coincide with the term of the two (2) existing franchise
waste haulers. Sanitation Director Alberto Zamora stated the process is anticipated to be completed by
June. The Committee recommended bringing the item back to FCWPC with the RFQ so that the City is
prepared when the franchise contractor sale is finalized.
THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFQ WHEN THE
FRANCHISE SALE IS FINALIZED.
Advisory Board Recommendation:
I n/a
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
Clerk's Office Le islative Trackin
J. Fink, Ext. 6319
Si n-Offs:
Assistant City Manager
JGG ~----;-------~~
--~--------~~-w
T:\AGENDA\2013\April 17\Waste Hauler RFQ. Summary.docx
MIAMI BEACH
24
AGENDA ITEM
DATE
Approved
C;J.A
'1-17-13
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachll,gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April17, 2013
SUBJECT: REQUEST FOR APPROVAL T SSUE A REQUEST FOR QUALIFICATIONS (RFQ)
FOR A THIRD SOLID WAS E FRANCHISE CONTRACTOR TO PROVIDE
COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the issuance of the RFQ when the franchise sale is
finalized.
BACKGROUND
The City currently has three (3) contracts for solid waste/recycling collection and disposal with:
Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of
Miami.
At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a
Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential
and commercial solid waste collection and disposal services. This request was made after one of
the then existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was
acquired by Waste Services, Inc., leaving the City with three (3) solid waste franchise contractors.
The Commission referred the item to the Finance and Citywide Projects Committee (FCWPC).
At the January 19, 2012 FCWPC meeting, following discussion on whether to issue the RFQ, the
Committee recommended that the itme be brought back to the Committee at the same time as the
City's proposed Recycling Ordinance. The three existing franchise contractors requested that an
RFQ not be issued.
The item was discussed again at the April19, 2012 FCWPC meeting, and the recommendation was
to bring the discussion to the full City Commission, determine whether or not to issue the RFQ or
accept additional public benefits from the contractors in exchange for keeping the number of solid
waste franchise haulers to the three (3) existing contractors.
At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as amended. A
motion was made to accept exercising the renewal/extension option for one-year only until
September 2015, in consideration that the firms will provide $390,000 per year starting immediately,
plus $25,000 dedicated for environmental programs through the life of this extension, in addition to
what is already being contributed.
25
Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor
April17, 2013
Page 2 of 5
It was noted that, in order for the City to exercise an early renewal of the Franchise Agreements, the
City Commission would also have to amend Section 90-230(b) of the City Code, which currently only
allows for the renewal of a Franchise Agreement upon expiration of the initial term. At the
September 12, 2012 Commission Meeting, the City Commission approved the Ordinance
amendment on First Reading. At the October 24, 2012 meeting, the Commission approved the
Ordinance on Second Reading.
A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was
acquired by Waste Services, Inc. As a result, the number of franchises available to the City for solid
waste services will be reduced from three (3) to two (2) upon the conclusion of the acquisition.
This item was referred by the Administration to the FCWPC for discussion and further direction. At
its Mach 21, 2013 meeting, the FCWPC Committee discussed the issuance of an RFQ for a third
solid waste franchise contractor to provide commercial waste collection and disposal services, all
aforementioned provisions will be included with a term expiring on August 31, 2015 to coincide with
the term of the two (2) existing franchise waste haulers. Sanitation Director Alberto Zamora stated
the acquisition process is anticipated to be completed by June. The Committee recommended
bringing the item back to FCWPC with the RFQ so that the City is prepared when the franchise
contractor sale is finalized.
ANALYSIS
Multi-family buildings with over 8 units are considered commercial accounts and must have solid
waste and recycling services provided by one of the City's franchise holders. Multi-family buildings
will be able to determine if an offer by a solid waste franchise hauler is acceptable and appropriate,
or they may choose to decline. It is a requirement that the franchise holder's written
acknowledgement of both the offer and any declination of service, is provided to the City.
The Ordinance includes language to allow a multi-family building owner to protest an offer to provide
recycling services if viewed as unfair. An appeal for an Administrative Hearing has been added to
address this concern in Section 90-231.
If an offer of recycling by one of the licensed franchise holders is declined, a multi-family dwelling
would then have both the ability and the responsibility to find another qualified and licensed recycling
collector to provide service to be in compliance with the City recycling requirement.
One of the Ordinance requirements for all franchise holders and a very important component of this
program, is that each offer made by a franchise holder to provide recycling services be combined
with an appropriate offer to reduce both the volume and the cost of solid waste disposal for that
specific multi-family residential building. In such way, the multi-family residential building should be
able to decrease solid waste disposal costs that will either neutralize or minimize any potential cost
increase associated with the provision of recycling services. The specific numbers in the proposal
as to the reduction of wastes for the cost associated with any of the services is left between the two
parties to negotiate and reconcile.
SCOPE OF SERVICES:
The services provided by the successful Proposer will be in accordance with Ordinance No. 2008-
3616. A copy is attached and incorporated herein by reference.
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Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor
April17, 2013
Page 3 of 5
MINIMUM REQUIREMENTS I QUALIFICATIONS:
ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION ARE SUBJECT TO AND
MUST MEET THE MINIMUM QUALIFICATIONS FOR THE CITY'S GRANTING OF WASTE
CONTRACTOR FRANCHISES, AS SET FORTH IN SECTION 90-229 OF THE CITY CODE (AS
AMENDED ON SEPTEMBER 17, 2008), AND AS PROVIDED BELOW. IF THE MINIMUM
QUALIFICATIONS ARE NOT MET, THE PROPOSER'S SUBMITTAL WILL BE DEEMED NON-
RESPONSIVE.
Sec. 90-229. Selection of franchise waste contractors.
(a) Except as provided in section 90-233, the city shall license not more than three (3) 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 its qualifications. The minimum qualifications to be considered in the
granting of such license 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 contract or bid
award.
(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 it 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.
(6) The applicant's ability and commitment to provide the city and its businesses and multi-
family residences with (i) good service; (ii) competitive prices; (iii) demonstrated and/or
proposed green initiatives; and (iv) ability and commitment to provide such additional
"public benefit(s)" to the city which may include, without limitation: provision of additional
waste collection, disposal, and recycling services (at no cost to the city) to city right of
ways, city-owned public buildings, parks, and/or beaches; voluntary cost and/or fee
reductions; and/or such other city public benefits and services as the city manager may, in
his reasonable judgment and discretion, from time to time, require.
(b) If more than one applicant for a franchise waste contractor's license qualify under the minimum
qualifications of this division, license issuance shall be determined by the city commission
based upon applicant(s) that the City Commission deems, in its judgment and discretion, and
having considered the recommendation of the city manager, to have provided the most
significant public benefit (s) to the city (pursuant to subsection 90-229(a)(6)).
27
Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor
April17, 2013
Page 4 of 5
(c) In lieu of accepting applications from new applicants as set forth above, the city commission
may choose to issue new licenses to previous licensees. The decision shall be based on the
criteria set forth in section 90-230.
EVALUATION SELECTION PROCESS
The procedure for response, evaluation and selection is as follows:
1. Request for Qualifications issued.
2. Receipt of responses.
3. Opening of responses and determination by City if responses meet the Minimum Requirements
of the RFQ. This determination shall be made by the City Administration, which shall evaluate
proposal in accordance with the requirements of the RFQ including, without limitation,
compliance to the Minimum Requirements and Chapter 90 of the City Code, as amended by
Ordinance No. 2008-3616.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
responsive proposal and shall make its recommendation in accordance with the requirements
of this RFQ, based on the following criteria:
The experience and qualifications of Solid Waste Contractors and Key personnel's ability and
commitment to provide the City and its businesses and multi-family residences with:
CUSTOMER SERVICE: Good service as evidence by performance evaluation surveys
received. Respond to complaints in a timely matter, age of the fleet to be used and condition of
equipment (i.e. dumpsters), ability to maintain equipment: 25 points
PRICING: Competitive prices: 25 points
GREEN INITIATIVES: Demonstrated and/or proposed green initiatives: 25 points
VALUE ADDED SERVICES: Ability and commitment to provide such additional "public
benefit(s)" to the City which may include, without limitation: provision of additional waste
collection, disposal, and recycling services (at no cost to the City) to city right-of-way, City-
owned public buildings, parks, and/or beaches; voluntary cost and/or fee reductions; and/or
such other city public benefits and/or services as the city manager may, in his reasonable
judgment and discretion, from time to time, require: 25 points
Total: 100 points
LOCAL PREFERENCE: The Procurement Division will assign an additional five (5) points to
Miami Beach-based Proposers as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Procurement Division will assign an additional five (5) points
to Proposers, which are a small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise, as defined in the City's Veterans Preference
Ordinance.
28
Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor
April17, 2013
Page 5 of 5
5. If further information is desired by the Committee, proposers may be requested to make
additional written submissions or oral presentations to the Evaluation Committee.
6. The Evaluation Committee will recommend to the City Manager the response or responses
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
7. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall
recommend to the Mayor and Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City.
8. The City Commission shall consider the City Manager's recommendation(s) as it deems
appropriate, and approve the City Manager's recommendation(s); may make its own
recommendation (s); may reject all proposals; or may prescribe such other action, as it deems
necessary and in the best interest of the City.
9. Following recommendation of award by the City Commission, negotiations between the
selected Proposers and the City Administration take place to arrive at a contract. If the Mayor
and Commission has so directed, the City Manager may proceed to negotiate a contract with a
proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer
fail to produce a mutually acceptable contract within a reasonable period of time.
1 0. A proposed contract or contracts are presented to the Mayor and Commission for approval,
modification and approval, or rejection.
11 . If and when a contract or contracts acceptable to the respective parties is approved by the
Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has (or have) done so.
CONCLUSION
The Administration recommends approving the issuance of the RFQ when the franchise sale is
finalized.
JG RS
T:IAGENDA\2013\APRIL 17\WASTE HAULER RFQ-MEMO.DOC
29
IBE
Solicitation No.:
Requesting Department:
Public Works
MINIMUM ELIGIBILITY ®RITERIA:
Request for
Issuance ARRroval
Solicitation Title:
Request For Approval To Issue A Request For
Qualifications (RFQ) For A Third Solid Waste Franchise
Contractor To Provide Commercial Waste Collections
And Disposal Services
Department Contact:
Jay Fink, Assistant Public Works Director
ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION ARE SUBJECT TO AND MUST MEET THE
MINIMUM QUALIFICATIONS FOR THE CITY'S GRANTING OF WASTE CONTRACTOR FRANCHISES, AS SET
FORTH IN SECTION 90-229 OF THE CITY CODE (AS AMENDED ON SEPTEMBER 17, 2008), AND AS
PROVIDED BELOW. IF THE MINIMUM QUALIFICATIONS ARE NOT MET, THE PROPOSER'S SUBMITTAL
WILL BE DEEMED NON-RESPONSIVE.
S®0PE 0F SERVI®ES:
The services provided by the successful Proposer will be in accordance with Ordinance No. 2008-3616.
Copies attached and incorporated herein by reference.
*After evaluation Committee has completed its review proposals, the Procurement Division add for local and
veteran's preference in accordance with the applicable ordinance
Amount:
30
ORDINANCE NO. 2008-3616
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 90, ENTITLED "SOLID
WASTE," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 90-2, ENTITLED "DEFINITIONS," BY
AMENDING DEFINITIONS CONCERNING WASTE COLLECTION, BY
AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE
COLLECTORS/CONTRACTORS," BY AMENDING DIVISION 2,
ENTITLED "LICENSE AND PERMIT," BY AMENDING SECTIONS 90-
191, 90-192, 90-193, AND 90-195 TO CLARIFY PROVISIONS
REGARDING LICENSES, PERMITS, INDEMNIFICATION, AND
INSURANCE FOR INDEPENDENT CONTRACTORS, BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," OF ARTICLE IV BY
AMENDING SECTIONS 90-221, 90-222, 90-223, 90-224, 90-225, 90-
228, 90-229, 90-230, AND 90-233 BY AMENDING FRANCHISE FEE
PROVISIONS, PROVIDING PROVISIONS FOR RECYCLING AND
WASTE CONTRACTORS WITH REGARD TO FRANCHISE FEES,
ACCOUNT INFORMATION, MONTHLY REPORTS, THE HANDLING OF
COMPLAINTS, REGULATIONS FOR SERVICING DUMPSTERS,
COMPACTORS, AND GARBAGE FACILITIES, THE SELECTION OF
FRANCHISE WASTE CONTRACTORS, THE RENEWAL OF WASTE '
CONTRACTORS' FRANCHISE AGREEMENT CONTRACTS, THE
EXEMPTION TO PROVIDE FOR RECYCLING, AND THE
REVOCATION OF FRANCHISES, BY ADDING A NEW SECTION 90-
231 TO PROVIDE RECYCLING REQUIREMENTS FOR WASTE
CONTRACTORS, AND RENUMBERING SECTIONS 90-232 THROUGH
90-235 ACCORDINGLY, BY AMENDING DIVISION 4, ENTITLED
"SPECIALTY CONTRACTORS," OF ARTICLE IV BY AMENDING
SUBDIVISION II, ENTITLED "ROLLOFFJWASTE CONTAINER
CONTRACTORS," BY AMENDING SECTIONS 90-276 THROUGH 90-
281 TO AMEND LICENSE AND PERMIT REQUIREMENTS AND FEES,
PROVIDING PENALTIES FOR FAILURE TO OBTAIN A PERMIT,
INCREASING THE ON-STREET AND OFF-STREET PERMIT FEES
FROM 16% TO 18% OF THE LICENSEE'S TOTAL MONTHLY GROSS
RECEIPTS, AMENDING MONTHLY REPORT AND AUDIT
PROVISIONS, AND ADDING IDENTIFICATION REQUIREMENTS AND
LOCATION, USE, AND OVERFLOW RESTRICTIONS; BY AMENDING
SUBDIVISION Ill, ENTITLED "RECYCLING WASTE CONTRACTORS,"
OF DIVISION 4 OF ARTICLE IV BY AMENDING SECTION 90-307 WITH
REGARD TO THE EXPIRATION OF LICENSES AND CREATING
SECTION 90-310 TO SET FORTH THE REGULATIONS APPLICABLE
TO RECYCLING WASTE CONTRACTORS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, in order to better serve the City of Miami Beach's goals of sustainability and
environmental stewardship, recycling for multi-family residential buildings should be included in
the services provided by the City's franchise waste collectors; and
31
WHEREAS, in order to take full advantage of soon to be implemented single stream
recycling in the City, amendments to the City Code are required to provide regulations and
requirements for expanded recycling activities of franchise waste contractors; and
WHEREAS, the City's internal auditor has identified, through field audits, the need for
certain ministerial amendments to Chapter 90 to provide clarity as to the implementation of
various provisions throughout Chapter 90 of the City Code.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Article I, entitled "In General," of Chapter 90, ~ntitled "Solid Waste," of the Miami Beach
City Code is hereby amended as follows:
Chapter 90
SOLID WASTE
Article I. In General
Sec. 90-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Construction and demolition debris means di§carded material generally considered not to ~
water-soluble or hazardous, including, without limitation, steet concrete. glass. brick, asphalt
roofing material 1 or lumber from a construgion or demolitign prgject. Commingling constryction
and demolition debris with any amount of other tvpes of solid waste will cause it to be classified
as other than construction and demolition debris.
* * *
Grapple service means the usage of a claw~like device such as, but not limited to, bobcats. self
load§rs. loaders, Sllnd backhoes to pick up construction and demolition debris and/or large
guantitie§ of trash and/or bulky waste, but not garbage or commercial refuse, and to place it into
a truck for disposal.
Graegle service contractor means a private waste contractor licensed bY the City tg perform
grapple service.
* * *
Portable container means a dumpster. rollaway or similar container designed for mechanized
collection.
2
Private waste collector/contractor means any person engaged in the business of collecting and
disposing of waste within the city limits wR& that has a current occupational license for
conducting such activity issued by the city.
*
Rolloff container means a metal container1 compacted or open. approved by the city manager
that is '<'V~~h a mlnim~:tm GapaGity m ton QubiG yards designed and used by commercial haulers for
the collection and disposal of construction and demolition debris and/or large quantities of trpsh
and/or bulky waste. but not garbage or commercial refuse.to be transported tly a moter~ed
vehisle.
*
Relloff sootaim;, .. means an epen metal sontainor appro>1ee for use by the Gity manager, with a
minimum eapaslty Gf ten GubiG yards, used 'for ti:!e purpeee m remeving sonstruotion deliria~
whish insludes rosk, metal and other materials used in sonneotion with a construatien prejeat or
fer the removal of large quantities of trash and sulky 'Naste.
Ro/loff contractor means a private waste contractor licensed by the city who uses rolloff
containers for the collection and disposal of construction and demolition debris and large
quantities of trash and/or bulky waste .. but not garbage or commercial refuse.
*
White goods mean& discarded refrigerators, ranges, water heaters, freezers, and other similar
domestic and commercial large appliances.
SECTION 2.
That Division 2, entitled "License and Permit," of Article IV, entitled "Private Waste
Collectors/Contractors," of Chapter 90 of the Miami Beach City Code is hereby amended as
follows:
Chapter 90
SOLID WASTE
* *
Article IV. Private Waste
Collectors/Contractors
*
Division 2. License and Permit
3
'-33---------~~~---
Sec. 90-191. Licenses, permits, indemnification,~. and insurance required for all
independent contractors.
The requirements of this division are to:
(1) Ensure and facilitate the collection of license fees, to provide uniformity and
quality of service from the licensees;
(2) Minimize wear and tear and traffic congestion and noxious and noisome
materials, odors and activities in and around city streets, roads, avenues and
other public right-of-ways; and
(3) Assure that the citizens of the city have safe, efficient, sanitary and qualified
licensed garbage and trash disposal contractors pursuant to the provisions of this
division. ·
Sec. 90-192. Business license required.
(a) Except as provided elsewhere in this chapter, no person shall engage in the business of
removing, disposing of or collecting any kind of waste, garbage, trash, baled trash, recycling
waste, hazardous or biohazardous waste within the city without having been approved by the
city manager, and having secured a business license for such individual activity. The business
license will be issued promptly when the applicant has paid the license fee and has met all
applicable requirements as set forth in this division and in chapter 18 of this Code.
(b) Business licenses for private waste contractors shall be classified as follows:
(1) Franchise waste contractors.
(2) Rolloff and grapple service contractors.
(3) Recycling contractors.
(4) Hazardous waste contractors.
(5) Biohazardous waste contractors.
(c) Franchise waste contractors shall not be required to obtain separate city licenses for
servicing rolloffs and portable containers, collection of hazardous and biohazardous waste, and
recycling activities.
(d) The city manager shall have the authority to create any additional license classifications
as deemed necessary to protect the public health and welfare when approved by the city
commission.
(e) Issuance of a business license shall require completion of an application form showing
the name of the person to be licensed, or in the case of a corporation or other business entity,
the names of the principal partners, owners, officers and directors or the name of the person
who will actually manage and operate the business, together with the business and home
address of each person, the description of the equipment to be used in such removal,
transportation and disposal, and a description of the method of disposal, including the location
of all garbage disposal facilities vehicles, and equipment to be used. The application must be
approved by the city manager prior to the issuance of the license. The applicant shall also
provide evidence that any disposal facility described is licensed or approved by the proper
authorities of the county and municipality where such facility is located. No licensee under this
section shall substitute the permanent personnel named in its application, nor the equipment or
methodology for removal, transportation or disposal nor the location of disposal facilities
4
described in its application without first having reported such changes to the city manager and
secured his approval of the substitution. In the case of changes in the location of disposal
facilities, such changes shall also be approved by the proper authorities of the county and
municipality where such disposal facility is located.
(f) Licenses granted to private waste contractors pursuant to this section shall not be
assigned, nor shall the licenses remain valid if the controlling stock ownership or voting rights of
any corporate licensee are transferred or assigned, except with the express approval of the city
manager, ·.vhich approval shall Rat se I::IRreasaRasly withheld. When the licensee is also a
franchise waste contractor, assignment of its license and/or franchise agreement or transfer of
controlling stock ownership or voting rights must have the express approval of the city
commission. The foregoing restrictions on stock transfer shall not apply to corporations whose
common stock is traded over the New York Stock Exchange or the American Stock Exchange
or that are institutional lenders. In the event of assignment, the assignee shall execute an
agreement of acceptance, subject to the approval of the city manager, evidencing that such
assignee accepts the assignment subject to any or all of the provisions of this division and of
any applicable franchise agreement between the city and the licensee, which acceptance shall
include an affirmative statement evidencing such assignee's intent to fulfill the obligations
imposed under this division. Notwithstanding the city's approval of an assignment of a franchise
agreement and the assignee's acceptance, the original licensee shall guarantee the
performance of its assignee; and such assignment shall always be with full recourse to the
original licensee.
(g) All firms doing business as specified in subsection (b) of this section within the city limits
without obtaining the required city business license will be subject to all enforcement procedures
and penalties as set forth in section 102-356 et seq. Failure to comply with the regulations set
forth in this chapter or in chapter 18 of this Code may result in the suspension or revocation of
the business license pursuant to chapter 18.
Sec. 90-193. Permit required.
The city manager shall require and will issue a permit for each garbage, trash, recycling,
hazardous and biohazardous waste, and rolloff/portable container, and all waste accounts
located in the city serviced by a private waste contractor. The permit for waste collection shall
be issued by the city manager after the contractor has complied with all business license
requirements and all other requirements of this chapter and has been cleared by the city's
finance department, 1::1tility silliRg aivisiaR. Rolloffs, portable containers and containers for
recycling or hazardous and biohazardous wastes shall be included, except that all recycling
containers situated in a single location on a property shall require only one permit.
* * *
Sec. 90-195. Indemnification.
Each private waste contractor including rolloff and grapple service contractors shall execute an
indemnification agreement whereby the contractor promises to indemnify, hold harmless and
defend the city, its officers, agents and employees, against and assume all liability for any and
all claims, suits, actions, damages, liabilities, expenditures or causes of actions of any kind
arising from waste collection and/or disposal activities and/or the use of the public streets for the
purposes authorized in this division and resulting or accruing from any negligence, act, omission
or error of the pri•nate waste contractor, its officers. agents or employees and/or arising from the
5
-35
failure of the contractor, its officers, agents or employees, to comply with each and every
covenant of any applicable franchise agreement with the city or with any other city or county
ordinance or state or federal law applicable to its activities resulting in or relating to bodily injury,
loss of life or limb or damage to property sustained by any person. The contractor shall save the
city, its officers, agents, and employees, harmless from and against all judgments, orders,
decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim,
investigations or defense thereof, which may be entered, incurred or assessed as a result of the
foregoing. The contractor shall defend, at his sole cost and expense, any legal action, claim or
proceeding instituted by any person against the city, its officers, agents and employees, as a
result of any claim, suit or cause of action accruing from activities authorized by this division fGF
injuries to eody, lime or property as set forth in this section.
SECTION 3.
That Division 3, entitled "Franchise" of Article IV, entitled "Private Waste Collectors/Contractors,"
of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is set forth below and
hereby amended as follows:
Sec. 90-221. Required; fees.
CHAPTER 90
SOLID WASTE
* * *
Article IV. Private Waste
Collectors/Contractors
* *
Division 3. Franchise
For a period of one year after the signing of a franchise agreement with the city, each franchise
waste contractor shall pay to the city a franchise fee consisting of a percentage of the licensee's
total monthly gross receipts established by resolution of the city commission. The city shall have
the option of raising the franchise fee once yearly. Such raises shall not exceed two percent of
the licensee's total monthly gross receipts yearly and shall be imposed only by resolution after a
public hearing with 30 days' prior notice to all franchise waste contractors. The term "gross
receipts" as used in this section shall mean the entire amount of the fees collected by the
licensee, including. but not limited to 1 fuel surcharge fees. rolloff placement and movement fees.
etc .. exclusive of taxes as provided by law, whether wholly or partially collected, within the city,
for solid waste removal and disposal. Gross receipts from servicing rolloff and portable
containers are not included under the franchise fee due to the city and shall be subject to
section 90-276.
Sec. 90-222. List of accounts.
(a) The licensed contractor shall provide the city manager:
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36
{1) A current list of the names and addresses of each account, upon initial application
and upon application for renewal of its business license;
(2) The frequency of service;
(3) The permit number and capacity of each waste/solid waste dumpster and
compactor as per account; aAd
.(il The permit number and capacity for each recycling container as per account
~@ The address serviced by each waste/solid waste dumpster and compactor.
!§.1 The address serviced by each recycling container.
(b) No property owner may share an account with another property owner.
(c) The licensed contractor shall notify the city manager in writing on a monthly basis of any
changes in its list of accounts.
Sec. 90-223. Monthly report.
The licensee licensed contractor shall deliver to the finance department irecter ana tt:le city
manager a true and correct monthly report of gross receipts generated during the previous
month from accounts within the city on or before the last day of each month. This detailed
monthly report shall include the customer names, service addresses, account numbers, and the
actual amount of waste/solid waste and of any recyclable materials collected from each
customer. Payments of the fee shall be made monthly to the finance departmentifectef, on or
before the last day of each month, for gross receipts of the previous month. Tt:le licensees
Licensed contractors D!\'ing annwal gfiss receipts f!UUUhU1l2 tbe Citv e)t-er 1500.00Q shall on
or before 60 ~ days following the close of its fiscal year deliver to the finance department~
anEi the city manager a statement of its annual gross receipts generated from accounts within
the city certified by an independent certified public accountant reflecting gross receipts within
the city for the preceding fiscal year. The contractor's failure to provide either the certified
statement of annual gross re®iots or a written explanation approved by tne cltv manQa!?r within
the reguired time frame may result in the initiation of license revocation prg®edings.
Sec. 90-224. Audit o.r inspection of licensee's books and records.
The licensee licensed contractor shall allow the city auditors at any reasonable time after
reasonable notice, to audit, inspect and examine the licensee's fiscal contractor's books and
records and state and federal tax returns, insofar as they relate to city accounts, to confirm the
licensee's contractor's compliance with this division. This information shall include, but not be
limited to ... the following: billing rates, billing amounts. sequentially pre-numbered invoices.
signed receipts. trip tickets, computer records, general ledgers and accounts receivable. Failure
to provide requested and complete records will result in the initigltion of license revocition
proceedings. Additionally, the city's auditors may communicate directly with customers of the
licensee licensed contractor for the purpose of confirming compliance with this division.
7
Sec. 90-225. Failure to pay franchise fee.
If the lisensee licensed contractor fails to timely pay the full franchise fee as set forth in section
90-221, the lisensee licensed contractor shall pay any and all of the city's expenses for
collection of same, including but not limited to court costs, audit costs and reasonable attorney
fees. If the lisensee licensed contractor fails to pay the full franchise fee on or before the last
day of each month, interest shall accrue on the amount due at the highest lawful rate of interest.
*
Sec. 90-227. Handling of complaints.
Each franchise waste contractor shall maintain an office in tRe Miami-Dade Csounty with
adequate staff and telephone service to handle and resolve all incoming calls and complaints
between the hours of 8:00a.m. and 4:00p.m., Monday through Friday, of each week, excluding
holidays. Between the hours of 4:00p.m. and 8:00a.m., Monday through Friday, and all day on
Saturday and Sunday, including holidays, each contractor shall maintain an answering service
or answering machine to receive incoming calls and complaints. Any complaints received by the
contractor before 12:00 noon shall be resolved before 4:00 p.m. of that same day. Complaints
received after 12:00 noon but before 8:00 a.m. shall be resolved before 12:00 noon of the
following day. An emergency telephone number where the contractor may be reached shall be
given to the city manager.
Sec. 90-228. Regulations for servicing dumpsters, compactors and other garbage
facilities.
Garbage collection equipment shall consist of trucks with leakproof and enclosed bodies with
compactors and sanitizing materials in each truck, and covered in leakproof garbage dumpsters.
The location of each dumpster, compactor, recyclable material container, and other garbage
facility shall be approved by the city manager, and a permit will be issued for each. No
dumpster, compactor. recyclable material container. or other garbage facility shall be placed or
serviced until such permit is issued. In case such facility is delivered by a contractor without a
permit, the city shall still receive payment for the account in computing the franchise fee due
pursuant to section 90-221. bisensees Licensed contractors shall return dumpsters,
compactors. recyclable material containers, and other garbage facilities to such approved
locations after servicing. Compactors shall not be installed without permits from the city's
building services department and the sity manager. Each garbage or recyclable material facility,
insl~::~ding d~::~mpsters, must bear the name of the lisensee licensed contractor and must be
serviced and sanitized at least twice weekly. Garbage or recyclable material facilities located on
public property without a city permit for the location shall be deemed abandoned and will be
removed by the city at the owner's expense, pursuant to section 90-331 et seq. Service pickups
by trucks are to be made from streets and driveways;.~trucks used for this purpose shall not
be driven or parked on sidewalks at any time. bisensees Contractors may not park any garbage
or recyclable material truck on public or private property within the city when not being used to
service accounts. Collection time for all waste or recyclable material shall be between the hours
of 7:00 a.m. and 7:00 p.m. only. All permanent employees of franchise waste and recyclable
material contractors shall carry identification cards approved by the city manager at all time
while serving accounts. In addition to the required garbage and recyclable material collection by
private 'Naste sellesters licensed contractors pursuant to the provisions of this section 90-228
and other requirements contained in chapter 90, such lisensees contractors shall include the
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38
collection, GRJ.y of garbage, rubbish.~, aR6 trash, and recyclable materials as defined in this
chapter, up to and within that immediate area of the owner's private property line where a
dumpster, compactor. recyclable material container, and other garbage facility may be located
and, at a minimum, within a radius of ten feet surrounding the location of said dumpster,
compactor, regyclable material container. and other garbage facility, regardless of whether such
garbage, rubbish,~, aR6 trash,~, or recyglable materials may or may not be included or secured with
a dumpster, compactor, recyclable material container, and other garbage facility. Such
immediate collection of garbage, rubbish.~, aR6 trash or recyclable materials shall be incorporated
by licensees contractors as part of their regularly scheduled service pickups.
Sec. 90-229. Selection of franchise waste contractors.
(a) Except as provided in section 90-2~~. the city shall license not more than five 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 its qualifications. The minimum qualifications to be considered in the
granting of such license 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 applic~nt.
(5) Certification that the applicant is not.~, and will not be, throughout the term that A6 l!
has a license, affiliated with.~, as a parent, subsidiary, by virtue of an interlocking
dicertorate directorate, or otherwise, an affiliated entity of any existing licensee or any
applicant for a licensee under section 90-191 et seq.
{6} The a!;!!;!licant's ability and commitment to grovide the gitv and its resider:tees ar:td
gysinesses and multi-family residences with (i) good service; {il) comgetitive grices; (iii)
demonstrated and/or proposed green initiatives: and (ivl ability and commitment to
provide such additional "public benefit(s)" to the city which may include, without
limitation: provision of additional waste collection, disposal, and/or recvgllng urvices {at
no cost to the city) to city right of ways, city-owned public buildings, parks, and/or
beaches; voluntary cost and/or fee reductions; and/or such other city public benefits
and/or services as the city manager may, in his reasonable judgment and discretion,
from time to time. require.
(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 acsounts, either within the city or,
vmore tho city commissioA has so accap~d same, in its dieoration, frem autskie tl:!a city
9
"--Jg--------~------
agplicant(s) that the City Commission deems, in its judgment and discretion. and having
considered the recommendation of the citJ' manager. to have 0rovided the most significant
public benefit{s) to the city {pursuant to subsection 90-229(a}(6)).
(c) In lieu of accepting applications from new applicants as set forth above, the city
commission may choose to issue new licenses to previous licensees. The decision shall be
based on the criteria set forth in section 90-230.
Sec. 90-230. Renewal of contracts.
After May 4, 1 QQ 1 October 1. 2008, franchise waste contractors' franchise agreements within
the city shall be valid for a period of seveR three years from the date of contract. At the
expiration or earlier revocation of the franchise, the city commission may choose, in its sole
discretion, to accept applications for new franchise waste contract licenses conditioned and
limited as noted above or, in the alternative, to renew licenses previously issued for an
additional five three year period. In deciding to issue new licenses and/or accepting applications
from applicatioRs for license, the city commission will consider the following factors:
(1) The licensee's full and faithful compliance with all the terms of this chapter.
(2) The licensees and/or applicants who best meet the qualifications established by this
division for the issuance of the license.
(3) The current garbage, trash .. aR9 waste, and recyclable materials disposal needs of
the city, including .. without limitation .. population, demographic and geographic needs and
state and federal requirements.
Sec. 90-231.
procedures.
Recycling requirements for franchise waste contractors.r; protest
{a) Recycling requirements.
(1) Each franchise waste contractor shall. as a condition of the franchise, be required
to offer directly or to provide for a subcontract for recycling services for any multi~family
residence with eight or more units for which solid waste services are provided as a
franchise waste contractor.
{~2) Everv contract with a multi-family residence by a franchise waste contractQr for
waste removal services shall also include a proposal to provide the recygling service~
required pursuant to Miami~Dade County Code. Such recycling proposal shall be
specifically made to maximize the recycling activity at each multi-famil;,: residenc§. Such
, proposal shall provide for sufficient flexibility in recyclable materials cootiiner size and
location as is both necessarv and consistent for that specific multi~family residence.
(G3) Whether directly provided or subcontracted with a qualified recycling contragtor1
each multi-family residence recycling groposal shall be required to disclose to the
contract holder the savings offset that is antici 0ated from the franchise waste
contractor's waste hauling agreement with the mu!ti~family residence as a result of the
provision of recycling services and the reduction of solid waste dispQsed. The recvcling
proposal and the reoulred savings offset from the solid waste hauling agreement is
10
40
strictly within the purview of the franchise waste contractor and individual multi-family
residence to negotiate.
(tWl For existing contracts between franchise waste contractors and multi-family
residenQ!s as to the removal gf solid waste. thQ§I contracts shall be mgdified to add a
requirement for recycling services consistent with the provisions of segljon 90-231{ble
Existing franchise waste and recycling contract agreements with multi-family residences
shall have a six month period from the effective date of this subsection to amend their
agreements to make the reguired recycling provisions.
(b} Protest procedures.
In the event that the bid and/or price quote (hereinafter. the offer) provided by the
licensed contmctor to the owner (or condominium association) of a mutti-family
residence is deemed unfair by said owner or association, the owner or association may
file a protest with the city manager. /jny such protest must be submitted in writing to
the city manager: must be made within thirty (30} days of receh~t of the offer by the
owner or association; must include a CORY of the written offer made to the owner or
association; and must clearly state the reasons and groynds that the owner or
association considers the offer to be unfair. Protests not made within the time period
set forth in the preceging sentence shall be time-barred and shall receive no fyrther
consideration. UpQn receipt of a timely written protest In the form 1 and with the
supporting documentation, required pursuant to this section, the city manager shall
have thirty (30) days to direct that an administrative hearing be scheduled to consider
the protest (which hearing need not necessarily be held within the 30 day period}. The
hearing shall be conducted by the city manager. or a designee appointed by the clw
manager, and shall be conducted in accordance with the provisions established
pursuant to section 1 02-385 of the Code. At the hearing. the citv manager or his
designee may hear testimony and consider any r§llevant eyidence from the
parties regarding the subject protest and. at the conclusion of the hearing. the city
manager or his designee shall make a written determination as to the fairness gr
unfairness of the protest. An offer shall not be d!§med lo Qe unfair if it provides for
prices. terms, and services as would be provided to buildings of comparable size and
character within the area. and is competitive within the local industrv standards. If the
offer is deemed unfair. the city manager. or the city manager's designee. shall reguire
the licensed contractor to provide the owner or association with a new offer that meets
the minimym criteria for fairness, as established in the preceding sentence. The
contra<(tor's failure or refusal tg provid@ a fair alternate offer may be grounds for the city
manager, or the city manager's designee. to suspend or revoke the franchise.
Sec. 90-234~. Bankruptcy or insolvency.
If the gr=antee licensee becomes insolvent 8RG or if the licensee files a petition of voluntary or
involuntary bankruptcy, its franchise shall terminate no later than the date of filing of the
bankruptcy petition.
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Sec. 90-232~. Exemption to provide for recycling.
(a) Notwithstanding any other provisions of sections 90~221 through 90·231 until such time as
the city may establish recycling requirements for multi:family residences and commercial
establishments, the city manager may continue to license individual recycling contractors
pursuant to section 90-306 et seq., who may then be authorized to collect and recycle
recyclable materials.
(b) Additionally, notwithstanding any other provision of this chapter, if the city commission
decides at any time to establish a citywide recycling program for multi:family residences and/or
commercial establishments, or enacts an ordinance requiring commercial establishments and/or
multifamily residences to recycle, the city manager shall meet with the current franchise waste
contractors as provided in F.S. § 403.706(a) for the purpose of negotiating terms and
regulations connected with provision of such recycling services. The terms, including rates
charged by contractors in the city for these services, shall be comparable to those established in
other municipalities in Dade, Broward and Palm Beach counties for provision of similar recycling
services. If none of the franchise waste contractors come to an agreement with the city within 60
days, the city may, at its option, provide for recycling services by:
(1) Entering into an agreement with other persons to provide recycling services to
accounts serviced by franchise waste contractors;
(2) Entering into interlocal agreements; and/or
(3) Licensing new franchise waste contractors who are willing to provide the recycling
services required by the city and who shall also have all privileges and duties of
franchise waste contractors as set forth in this division, including collection and disposal
of solid waste.
(c) Franchise agreements between the city and the franchise waste contractors shall require
that ... in the event the city mandates recycling for multi:family residences and/or commercial
establishments, any franchise waste contractor who does not enter into agreement with the city
to provide the required recycling services shall, at that time, notify the accounts it services in
writing informing those accounts that they may, within 60 days of receipt of the notice, elect to
terminate their then existing contracts with the contractor. If the city enters into agreement for
provision of recycling services other than by interlocal agreement with only one or two
contractors, rates charged for recycling services in the city by those contractors shall be set by
the city commission.
Sec. 90-2J3!. Revocation of franchise.
Failure on the part of a franchise waste contractor to comply in any material way with the
provisions of this chapter or of its franchise agreement with the city shall be grounds for
termination of its franchise, but no such termirlation shall take effect if the reasonableness or
propriety thereof is protested by the contractor until a court of competent jurisdiction (wlth right
of appeal in either party) shall have found that the contractor has failed to comply in material
respect with any of the provisions of this chapter or of the contractor's franchise agreement with
the city. If such protest is filed, the contractor shall continue to pay the city the franchise fee
required by this chapter and its franchise agreement with the city.
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Failure to offer directly or to provide a viable and qualified recycling subcontractor will result in a
material breach of the franchise agreement and will be cause for such franchise to be revoked
by the city consistent with the provisions of this section.
Sees. 90-234~·-90-255. Reserved.
SECTION 4.
That Subdivision II, entitled "Rolloff Waste Container ContraCtors," of Division 4, entitled
"Specialty Contractors," of Article IV, entitled "Private Waste Collectors/Contractors,'' of Chapter
90 of the Miami Beach City Code entitled "Solid Waste" is hereby amended as follows:
CHAPTER 90
SOLID WASTE
* * *
Article IV. Private Waste
Collectors/Contractors
* *
Division 4. Specialty Contractors
Sec. 90-276. License required.
* * *
Subdivision II. Rolfoff/Portab/e
Waste Container Contractors
Except as provided elsewhere in this article, no person shall engage in the business of
removing or disposing of construction and demolition debris or large quantities of trash from any
premises within the city limits without first securing a license for such activities from the city
manager by paying the license fee as set forth in chapter 18 of this Code and without showing
proof of insurance as required in section 90-191 et seq. However, franchise waste contractors
shall not be required to obtain a separate license to service rolloffs or portable containers within
the city.
Sec. 90-277. Permits required.
No rolloff container,.Gf sonstrustien dumpster or portable container shall be placed or located
within the city limits without a permit from the city manager. Failure to obtain a permit will result
in a penalty of $100 per location.
Sec. 90-278. Fees and requirements.
The permit fees and requirements for rolloff waste container and grapple service contractors
shall be as follows:
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(1) On-street permit fee. When the rolloff container is to be located on the street, the
permit fee shall be 1§6 percent of the licensee's licensed contractor's total
monthly gross receipts for the month in which the permit was issued and every
month thereafter that the permit is valid. Four barricades with flashing lights shall
be posted. In addition, when the rolloff container is to be located in parking meter
spaces, an additional fee shall be as set forth in appendix A per meter, per day.
The use of barricades is mandatory.
(2) Off-street permit fee. When the rolloff container is to be located inside private
property lines, the permit fee shall be 1§6 percent of the licensee's licensed
contractor's total monthly gross receipts for the month in which the permit was
issued and every month thereafter that the permit is valid.
(3) List of accounts. The licensed rolla# waste contractor shall provide the city
manager and the sanitation director with a current list of the names and
addresses of each account, upon initial application and upon application for
renewal of its business license, the frequency of service, the permit number and
capacity of each rolloff container or constr~::~ction dumpster as per account and
the address serviced by each rolloff container or constr~::~ction dumpster. No
property owner may share an account with another property owner. The licensed
contractor shall notify the city manager in writing on a monthly basis of any
changes in its list af acco~::~nts.
(4) Monthly report. The licensee licensed contractor shall deliver to the finance
departmentirector and the city manager a true and correct monthly report of
gross receipts generated during the previous month from accounts within the city
on or before the last day of each month. This detailed monthly report shall
include the customer names, service addresses, account numbers and the actual
amount collected from each customer. Payments of such fee shall be made
monthly to the finance department~. on or before the last day of each
month, for gross receipts of the previous month. Contractors having annual
gross receipts reported to the City over $200.000 shall, on or bifore 60 days
following the close of their fiscal year, deliver to the finance department a
statement of annual gross receipts generated from accounts within the city
certified by an independent certified public accountant reflecting gross receipts
within the city for the preceding fiscal year. The licensee shall on or before 3Q
days folla,.•.:ing the close of its fiscal year delil.:er to the finance director and the
city manager a statement of its ann~::~al gross receipts generated from acco~::~nts
within the city certified by an independent certified p1::1blis acsoblntant reflecting
gross receipts within the city for the preseding fissal year.
(5) Audit or inspection of JieeRsee's licensed contractor's books and records. The
licensee licensed contractor shall allow the city auditors at any reasonable time
after reasonable notice to audit, inspect and examine the licensee's contractor's
fiscal books and records and state and federal tax returns, insofar as they relate
to city accounts, to confirm the licensee's contractor's compliance with this
section. This information shall include, but not be limited to, the following: billing
rates, billing amounts. sequentially pre-numbered invoices, signed receipts, trip
tickets. computer records. general ledgers and accounts receivable sorted by
service address. Failure to provide requested and complete records in a timely
manner will result in the initiation of license revocation proceedings. Additionally,
14
44
the city!& auditors may communicate directly with customers of the licensee
contractor for the purpose of confirming compliance with this section.
(6) Failure to pay permit fee. If the licensee licensed contractor fails to timely pay the
full permit fee,~, as set forth in subsections (1) and (2) of this section, the licensee
contractor shall pay any and all of the city's expenses for collection of such fees,
including, but not limited to, court costs. audit costs and reasonable attorney
fees. If the licensee contractor fails to pay the full permit fee on or before the last
day of each month, a late payment penalty as set forth in appendix A shall be
due, and interest shall accrue on the amount due at the highest lawful rate of
interest per annum.
(7) Evidence of payment. In order to effectively provide for the collection of the
permit fee by the licensees licensed contractor to the city, any person seeking to
renew his/her annual business license pursuant to the provisions of chapter 102,
article V, in addition to the requirements contained therein, shall provide to the
finance director and the city manager evidence of payment of all outstanding
permit fees, fines and other charges as a condition to reissuance or renewal of
the business license.
(8) Identification of equipment. All equipment utilized to collect and transport solid
waste in the city must be conspicuously marked on both sides of the automotive
unit with the name of the hauler, tare weight and cubic yard capacity.
ld~ntification information must also be marked on all trailer and container units.
All markings must be in letters and numerals at least two inches in height
Sec. 90-279. Location restrictions.
The city has the right to restrict the location of any rolloff or portable container§ in order to
ensure· the public's safety and to prevent traffic hazards. It is prohibited to place rolloffs and
portable containers in the following locations and areas:
(1) Alleys, lanes, bridges.
(2) Ocean Drive from Biscayne Street to 15th Street.
(3) Collins Avenue from Biscayne Street to 87th Terrace.
(4) Washington Avenue from Biscayne Street to 17th Street.
(5) 41st Street from Collins Avenue to Alton Road.
(6) 71st Street from Collins Avenue to Bay Drive.
Sec. 90-280. Use restrictions.
Rolloff. portable containers. or censtrbJGtien dumpsters are to be used for the removal of
construction and demolition debris or for the removal of large quantities of bulky waste.
Construction and demolition debris1 bulky waste, etc. is never to be stored directly on the
ground as rolloff and portable containers, must be used at all times. Rolloff&; and portable
containers and oon&truatien dune~psteFs shall not be used for the removal of garbage or
commercial waste.
15
45
Sec. 90-281. Overflowing rolloffs and portable containers.
Overflowing rolloffs and portable containers are prohibited. The city manager shall have the
power to order the removal by the property owner of any such overflowing rolloff or portable
container.
SECTION 5.
That Subdivision Ill, entitled "Recycling Waste Contractors," of Division 4, entitled "Specialty
Contractors," of Article IV, entitled "Private Waste Collectors/Contractors" of Chapter 90 of the
Miami Beach City Code entitled "Solid Waste" is hereby amended as follows:
CHAPTER 90
SOLID WASTE
Article IV. Private Waste
Collectors/Contractors
* * *
Division 4. Specialty Contractors
• •
Subdivision Ill. Recycling Waste Contractors
.. * •
Sec. 90-307. Expiration of licenses.
Effective October 1. 2008. b!icenses issued to recycling contractors shall be for a term of ~
menths one year, unless such recycling is pursuant to a franchise agreement. in whlch case, the
license shall be for the term of the franchise agreement. The city may at any time enter into a
citywide recycling program pursuant to the requirements of F.S. ch. 403, and may then cease
licensing recycling contractors. Recycling contractors operating under a valid city business
license at the time of commencement of such citywide program may continue operation until the
expiration date of the license, but will thereafter cease operation within the city limits.
* *
Sec. 90-310. Regulations applicable.
All recycling waste contractors must comply with all of the regyirements set forth in sections 90-
98. 90-99. 90-227, and 90-228 of the City Code.
Sees. 90-3101-90-330 Reserved.
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2008-3616
SECTION 6. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. 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 8. 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
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 9. Effective Date.
PASSED and ADOPTED this 17th day of...;S;..;;e;.o;;p..;;;.t..;..;em.;..;;b;..;;e...;.r ______ , 2008.
ATTEST:
CITY CLERK
Robert Parcher
Underline denotes additions
Strike thro1::1gh denotes deletions
F:\atto\TURN\ORDINANC\Solid Waste-amended 9-8-0S.doc
17
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Matti Herrera Bower
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Amending Chapter 90, Entitled
"Solid Waste,· By Amending Article I Amending Section 90-2, By Amending Division 2, By Amending Sections 90-191,
90-192,90-193, and 90-195, By Amending Division 3 Article IV, Sections 90-221,90-222,90-223,90-224,90-225,90-
228, 90-229, 90-230, and 90-233, By Adding A New Section 90-231 To Provide Recycling Requirements For Waste
Contractors, and Renumbering Sections 90-232 Through 90-235 By Amending Division 4, By Amending Subdivision II,
By Amending Subdivision 1H Of Division 4 Of Article IV Section 90-307 With Regard To The Expiration Of Licenses And
Creating Section 90-310 To Set Forth The Regulations Applicable To Recycling Waste Contractors; Providing For
Reooaler· Codification; And An Effective Date.
Ke Intended Outcome Su orted:
ness of Mlaml Beach Right-of-Ways especially 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% i rovements in Mid Beach resident ratin of canals/ wateiWa s as excellent or ood.
Issue:
amendment to the Ordinance?
A significant number of the Ordinance amendments are ministerial in nature. Changes primarily provide clarity and
definitions that will assist the City's Internal Auditors in future evaluations and audits of franchise waste contractor and roll
off waste container contractors operating in the City of Miami Beach. In addition, the following amendments are
incorporated in the revised Ordinance:
• Increase the roll-off permit fee from 16% to 18%
• Amend the terms of the Franchise Agreements
At the August 21, 2008 Finance and Citywide Projects Committee meeting the Administration was directed to change the
initial term to (3) years, with no renewal option from the current initial period of seven (7) years from the day of the
contract, with a renewal term of up to five (5) years at the City's sole discretion ..
• Require Franchisees to offer recycling to commercial multi-family units.
The Ordinance will require all franchise holders to offer recycling services to multi-family buildings. Multi-family building will
be able to determine if the offer is acceptable and appropriate and they may choose to decline. Each offer must contain a
provision that off sets solid waste reductions versus recycling costs. At City Commission request, a protest mechanism for
offers of recycling viewed as unfair has been added.
At First Reading, the City Commission added language to Section 90-229 regarding the qualification and evaluation
of Solid Waste Franchisees. These changes are incorporated into the Ordinance.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE ORDINANCE AMENDMENT.
Advisory Board Recommendation:
J N/A
Financial Information: .....__ __
Source of
Funds:
OBPI
............. lAM I BEACtl AGENDA ITEM
DATE
"'"""""""""""'"'"""
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www .miamibeachll.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager\(-~ r SECOND READING
September 17, 2008 U . {)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY
AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2,
ENTITLED "DEFINITIONS," BY AMENDING DEFINITIONS CONCERNING
WASTE COLLECTION; BY AMENDING ARTICLE IV, ENTITLED "PRIVATE
WASTE COLLECTORS/CONTRACTORS," BY AMENDING DIVISION 2,
ENTITLED "LICENSE AND PERMIT," BY AMENDING SECTIONS 90-191, 90-
192, 90-193, AND 90-195 TO CLARIFY PROVISIONS REGARDING LICENSES,
PERMITS, INDEMNIFICATION, AND INSURANCE FOR INDEPENDENT
CONTRACTORS; BY AMENDING DIVISION 3, ENTITLED "FRANCHISE," OF
ARTICLE IV BY AMENDING SECTIONS 90-221, 90-222, 90-223, 90-224, 90-225,
90-228, 90·229, 90-230, AND 90-233 BY AMENDING FRANCHISE FEE
PROVISIONS, PROVIDING PROVISIONS FOR RECYCLING AND WASTE
CONTRACTORS WITH REGARD TO FRANCHISE FEES, ACCOUNT
INFORMATION, MONTHLY REPORTS, THE HANDLING OF COMPLAINTS,
REGULATIONS FOR SERVICING DUMPSTERS, COMPACTORS, AND
GARBAGE FACILITIES, THE SELECTION OF FRANCHISE WASTE
CONTRACTORS, THE RENEWAL OF WASTE CONTRACTORS' FRANCHISE
AGREEMENT CONTRACTS, THE EXEMPTION TO PROVIDE FOR
RECYCLING, AND THE REVOCATION OF FRANCHISES, BY ADDING A NEW
SECTION 90-231 TO PROVIDE RECYCLING REQUIREMENTS FOR WASTE
CONTRACTORS, AND RENUMBERING SECTIONS 90-232 THROUGH 90-235
ACCORDINGLY; BY AMENDING DIVISION 4, ENTITLED "SPECIALTY
CONTRACTORS," OF ARTICLE IV BY AMENDING SUBDIVISION II, ENTITLED
"ROLLOFFIWASTE CONTAINER CONTRACTORS," BY AMENDING
SECTIONS 90-276 THROUGH 90·281 TO AMEND LICENSE AND PERMIT
REQUIREMENTS AND FEES, PROVIDING PENAL TIES FOR FAILURE TO
OBTAIN A PERMIT, INCREASING THE ON-5TREET AND OFF-5TREET
PERMIT FEES FROM 16o/o TO 18% OF THE LICENSEE'S TOTAL MONTHLY
GROSS RECEIPTS, AMENDING MONTHLY REPORT AND AUDIT
PROVISIONS, AND ADDING IDENTIFICATION REQUIREMENTS AND
LOCATION, USE, AND OVERFLOW RESTRICTIONS; BY AMENDING
SUBDIVISION Ill, ENTITLED "RECYCLING WASTE CONTRACTORS," OF
DIVISION 4 OF ARTICLE IV BY AMENDING SECTION 90-307 WITH REGARD
TO THE EXPIRATION OF LICENSES AND CREATING SECTION 90·310 TO
SET FORTH THE REGULATIONS APPLICABLE TO RECYCLING WASTE
CONTRACTORS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
~··-49
ADMINISTRATION RECOMMENDAT!Qti
The Administration recommends approval of the Ordinance amendment.
.
ANALYSIS
A significant number of the Ordinance amendments are ministerial in nature, The changes primarily
provide for more clarity and address conditions encountered in the field during audits by the City's
Internal Auditors. These changes will be helpful in future evaluations and audits of franchise waste
contractor and rolloff waste container contractors operating in the City of Miami Beach.
Changes were primarily definitions, such as grapple service and portable containers, which have
been encountered in the City and the insertion of those references in other parts of the ordinance.
In addition the following amendments are incorporated in the revised Ordinance:
Increase the roll-off permit fee from 16% to 18%
The City Commission adopted Ordinance No. 99-3204 on September 17, 1999 amending the on-
street and off-street permit fee for roll-off waste containers serviced by licensed contractors from
12% to 16% of the licensee's total monthly gross receipts.
The on-street and off-street permit fee for roll-off waste containers has historically been the same
fee as the franchise fee charged to solid waste contractors. However, in fiscal year 2007-2008
when the franchise fee was raised from 16% to 18%, the street and off-street permit fee for roll-off
waste containers was not altered. Unfortunately the fees are located in different sections of the City
Code and the on-street and off street roll off fees were not increased.
The Administration recommends to increase the on-street and off-street permit fee for roll-off waste
containers serviced by licensed contractors from 16% to 18% of the licensee's total monthly gross
receipts. The fee increase affects solid waste licensees that provide roll-off service to commercial
and residential accounts. The additional revenue collected of approximately $1 08,500 will be used
to partially offset the increased city wide Sanitation operational costs.
Amend the terms of the Franchise Agreements
Section 90-230 states that the franchise waste contractor's franchise agreements shall be valid for a
period of seven (7) year from the date of contract, with a renewal term of up to five (5) years at the
City's sole discretion. On August 21, 2008 at the Finance Citywide Projects Committee the
Administration was directed by the committee to change the initial term to (3) years, with no renewal
option.
Require Franchisees to offer recycling to commercial multi-family units.
The Ad Hoc Green Committee has expressed interest in expanding the recycling services in
commercial multi-family dwellings. At the present, recycling is required by Miami-Dade County in all
residences in the City of Miami Beach, inclusive of single and multi-family residences. As the City
Commission is aware, the City provides recycling services for all of its single family residences and
multi-family units with up to eight units can use City provided recycling service or seek recycling
services from the City private franchise waste contractors. While there is a Miami-Dade County
requirement that multi-family units exceeding four units participate in recycling activities there is no
program that is offered by the City to assist in this activity.
50
While there are a number of options which the City Commission might consider, ranging from highly
regulatory to strictly voluntary, what is suggested and supported by the Finance & Citywide Projects
Committee, is an approach that is primarily non-regulatory in nature and driven by the participants.
The system which is suggested for the City's multiple family dwelling units requires an amendment
to the Franchise Agreements for waste hauling. The change would be an insertion of a requirement
into the City's Franchise Ordinance that each franchise holder must offer to each of their commercial
customers an opportunity and a program to undertake recycling. Section 90-231 contains the
changes necessary.
Multi-family buildings with over 8 units are considered commercial accounts. As every multi-family
building in the community must have solid waste services provided by one of the City's franchise
holders, this ordinance change will assure that every building in the community is at least offered the
opportunity to have recycling services by a qualified vendor.
It is not suggested that once an offer to provide recycling services is made that the multi-family
dwelling must accept the offer. Multi-family buildings will be able to determine if the offer is
acceptable and appropriate, and they may choose to decline. It is suggested, however, that a
requirement be made of the franchise holders that when a service is declined, written
acknowledgement of both the offer and the declination of service is foJWarded to the City's attention
for follow-up action.
The City Commission at First Reading of the Ordinance approved the addition of language to allow a
multi-family building owner to protest an offer to provide recycling services if viewed as unfair. An
appeal for an Administrative Hearing has been added to address this concern in Section 90-231.
If an offer of recycling by one of the licensed franchise holders is declined, a multi-family dwelling
would then have both the ability and the responsibility to find another qualified and licensed recycling
collector to provide service to be in compliance with the County recycling requirement. Enforcement
of this requirement is not anticipated to be by City personnel. In the event that enforcement is
needed to address the provision of recycling services, existing County resources would be utilized to
provide such enforcement.
One of the Ordinance requirements for all franchise holders and a very important component of this
program, is that each offer made by a franchise holder to provide recycling services be combined
with an appropriate offer to reduce both the volume and the cost of solid waste disposal for that
specific multi-family residential building. In such way, the multi-family residential building should be
able to decrease solid waste disposal costs that will either neutralize or minimize any potential cost
increase associated with the provision of recycling services. The specific numbers in the proposal
as to the reduction of wastes for the cost associated with any of the services is left between the two
parties to negotiate and reconcile.
A further condition that would be added to the City's Franchise Ordinance is that any existing
contracts between franchise waste haulers and multi-family residential buildings be modified over a
period of the subsequent six months, to comply with the recycling offer provision.
CONCLUSION
The Administration recommends approval of the Ordinance amendment.
JMG/RCM/FHB
T:\AGENDA\2008\September 17\Amendment to Chapter 90 Franchise Renewal and Recycling MEMO.doc
51
MiAMIB£ACH
OITY·OF MIAMI~~::~·
NOTICE OF 'PUBLIC HEARINGS
NOTICE IS HEREsY .given that·a second road!ng Mdpublic hearings wl!! ~hold by the MayOI' ana City Commission otihe City of Miami
Be111ch; Florida, in the Commission Chemblmi, 3rd floor, City Hall, ·1 700 ~ Dri\1&, Miami Beech, ·Florida, on:.W&dnNday,
Septembllor 17, 2!:100, to consider the following: · ·' ;,.,.:~·· ·
'6:!:15 p.m. . . . ...
Ordillllnce Amending Ordinance No. 1335, The CillSS!IIed Employees' L&Bve Ordrri'a'i!C~~ending The PTovlsions·.O! Seciion•B .For Use
Of Sick l!!ava . . ..._ ·· .•. ·-:~-· . -
lnql.liriss may~cilmcted io the Hl.lml!n l'lesollroi!S Oepartmem at (305} G'fs..75:io.
~~ . . -. .
Ordifll¥'oe Amand!ng 1'1'111 Code 01 The City 0! Miami Beach, !y Amilnding C~r 100, 5mliled "Trnffic 41ru:VVehio!SS:"ElY Amending
Artleia ll, Efllltlact "Mammtl Parking: BY Amilndlr!g DMsion 1. tniltl&d "Gilnt!m!ly,•'Sy4\mend!ng S&ciioo 1~5,.
Fees, And Pooa!tles;• llW Amf!ndlng Parkmg Mater Rates And '!'me Umlt:S; Rilgu!a\lons Qoncemlng· Matered
iempon~~y R&Siclmtl!ll Guest-P$1t!lug F'laoard Permll£: And Providing Mlnor ~ndmen!ls For Coru;istancy:\'\'lthln'Seetltm 1~ As""'G
Pwklng l:mparllnent Oj:;QI'ating Prooeduro$ And Moelerni:clng !>nrking tlegt»atloo iermlfli:IIOgy Sy 1'\rnandirjg O~Cin .a J!\We<:~ ~amllll
f'~ ?armll£" By ~~~ Seciloo 106·79 Entitled ~I!!SU!ino& Ol Permits; ·Placemanl 01 Sign!;" 6y Amf!ndlng The 'Provlslcns 'For
. R1mldenlla!'f'lll'kif1!;(Permll£,
lrtqtlirieri may bill dimctad to thtt'Pllll<i!'lll Dopartmeni at (305)67s.72J5.
ii:OSp.m. ' ' . ' ' . . . '
An Ordl~ Amandil19 ~t 110 0! The'MJan:II.Ssac!H:Jity Co~ ~~~~ing Mrne!\1, Entitled "!less, ~, l'krtOO
· lslcn 2:Entl\lad "Rates, GS'!B) ~. Entltl!KI
A To S&titiCin 110.166, ('Entllled "FI!B
Seelloo& ii0.16S(A)Mel !B),iw!1i0."1138 (A},
·oJRooert E. 'Pili'Cher, City .Clern
City ot.Miernr B&llCh
· Pureuam m Sootlon 28Urt 05, All .. Stat., ma City herepy m:i~he publlc that if a Persoh 'tiooldies to appalli any l'loolal!:m made by the.
City CommlS11ioo with respee\ to any matter considered a\ II$ niOO!lng or Its n!l81'\ng. such~ moot ansuro 1rtat a verblltmnac011d1.!1
1M proo!!Btlmgs ls made, wnlcn reoord lnciutlee the msl:JmO!'}y inti e\lldenoe upoo which 1l'WI appa~~l is :to be beslld. This rmt~ee di:lills nci
con!ltltme consent .by the City ,lor the ln!roduot!oo or admission.o! oth~ mectmlM!ble or lrmi~Wan\ wlctenoe,-oor Poe$ II auth!J!Us
chalk!nges or appatlis not othllrWi'SI! al!owad by Jaw. · ·
To requi!Si ·thls melena! In aoCI!lllS!l}lll mrmat !1\gn ·~angu119e lnterQ1'6tere, lntmmatl!:m oo Betlt~SI> ior pammu; ·with ti~l!les •• 'l!l'ldlor
any tiCCC~mmodatlon to r&\linw any doc!IITI!irt\ or participate ln • olty·sPQn!IOf6d .p!'OCeilldlng, please tol'l!llle\ (305) 604·2469 (voh:.&),
(3U5)673·72iS(f'l'Y) five tiays ln advance to inltlnle yo\lrmqueel m UW!1 may also oall 111 (Florida Relay Slll'<!oo} •
. Adlt500
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