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2004-25768 Reso RESOLUTION NO. 2004-25768 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 48-03/04 FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, AND BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY (THE RFP); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM OF WASTE MANAGEMENT, INC. OF FLORIDA; SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM OF WORLD WASTE; SHOULD THE ADMINSTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINSTRATION TO NEGOTIATE WITH THE THIRD RANKED FIRM OF BFI; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS WITH ONE OF THE AFORESTATED FIRMS, SAID AGREEMENT BASED UPON THE MINIMUM TERMS AND CONDITIONS AS SET FORTH IN THE RFP AND THE SUCCESSFUL FIRM'S PROPOSAL IN RESPONSE THERETO; AND FURTHER AUTHORIZING THE CITY MANAGER TO CONTRACT ON A MONTH-TO-MONTH BASIS WITH WASTE MANAGEMENT AT THE BILLING RATE OF $34.09 PER RESIDENTIAL UNIT UNTIL SUCH TIME THAT NEGOTIATIONS ARE FINALIZED. WHEREAS, a residential solid waste collection contract was awarded to Browning Ferris Industries Waste Systems of North America (BFI) on October 18, 2000, with an initial term that expired on October 31,2002 (BFI Contract); and WHEREAS, under the terms of the BFI Contract, the City had the option, at its sole discretion, to renew the Contract for up to three (3) consecutive one-year terms by giving BFI written notice of renewal at least sixty (60) days prior to renewal of the term; and WHEREAS, on September 26,2002, the Mayor and Commission authorized the first one-year term renewal, through October 31,2003; and WHEREAS, on October 15, 2003, the Mayor and Commission authorized the second one-year term renewal, through October 31,2004; and WHEREAS, on March 11, 2004, BFI notified the City, that it was not interested in renewing the BFI Contract for the last one-year term under the current terms and conditions; and WHEREAS, on October 11, 2004, Request for Proposals No. 48/03-04 for the Collection and Disposal of Residential Solid Waste, Yard Trash, and Bulk Waste, and Operation ofthe City's Green Waste Facility, was issued and notices sent to 45 individuals or firms, which resulted in the receipt of four proposal packages from the following firms: 1) All Services Miami-Dade; 2) BFI Waste Systems of North America, Inc. (BFI); 3) Waste Management Inc. of Florida; 4) World Waste Services, Inc.; and WHEREAS, on October 19, 2004, the City Manager, via Letter to Commission No. 276-2004, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: . Kathie Brooks, Director, Office of Budget and Performance Improvement, City of Miami Beach, Committee Chair; . Daniel Cabrera, Mid-Beach Resident; . Mark Butcher, Director of Food and Beverage for the Eden Roc Hotel, and Mid-Beach Resident; . Rhonda McPherson, Sanitation Assistant Director, City of Miami Beach; . Andrew Terpak, City of Miami Beach Fleet Management Director and a North Beach resident; and WHEREAS, the Committee convened on November 16, 2004, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government in the Sunshine Law; and WHEREAS, after evaluating the proposals, the Committee engaged in discussions relative to the proposals submitted; the Committee agreed that sufficient information was submitted in the proposals, therefore presentations were not needed; and WHEREAS, the Committee, after evaluating the proposals, unanimously ranked Waste Management, Inc. of Florida number one (1); BFI number two (2); World Waste Services number three (3); and All Services Miami Dade number four(4); and WHEREAS, the City Manager has reviewed the Committee's recommendation and concurs with the Committee's rankings relative to Waste Management being the top ranked firm, but does not concur with the ranking relative to the Committee's second and third-ranked firms; and WHEREAS, the City Manager has exercised his due diligence and determined that based on his review of the qualifications and cost proposals submitted by World Waste and BFI, that World Waste is his number two ranked firm, and BFI his number three ranked firm. ~ .. NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking offirms pursuant to Request for Proposals (RFP) No. 48-03/04 for the Collection and Disposal of Residential Solid Waste, Yard Trash, and Bulk Waste, and Operation of the City's Green Waste Facility (the RFP); authorize the Administration to enter into negotiations with the top-ranked firm of Waste Management, Inc. of Florida; should the Administration not be able to negotiate an agreement with the top-ranked firm, authorize the Administration to negotiate with the second-ranked firm of World Waste; should the Administration not be able to negotiate an agreement with the second-ranked firm, authorize the Administration to negotiate with the third ranked firm of BFI; further authorizing the Mayor and City Clerk to execute an Agreement upon conclusion of successful negotiations with one of the aforestated firms, said Agreement based upon the minimum terms and conditions as set forth in the RFP and the successful firm's proposal in response thereto; and further authorizing the City Manager to contract, on a month-to-month basis, with Waste Management at the billing rate of $34.09 per residential unit, until such time that negotiations are finalized. PASSED and ADOPTED this 8th day of Decem; er 20~f' A~~ r~ ' CITY CLERK JMG/RAIGL T:\AG EN DA \2004\Dec0804\Regular\ W asteMgmt. RESO .Amended .doc APPROVED AS TO FORM & LANGUAQI & FOR EXECUTION ~':f.'~-c)S City Attomer DIll CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms Pursuant To Request For Proposals (RFP) No. 48-03/04 For The Collection And Disposal Of Residential Solid Waste, Yard Trash, And Bulk Waste, And Operation Of The City's Green Waste Facility; Authorizing The Administration To Enter Into Negotiations. Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration; And In The Event That Negotiations Are Not Finalized By December 13, 2004, Further Authorizing The Waiver Of The Competitive Bidding Process By 5/7ths Vote, And Authorizing The City Manager Or Designee To Select, Negotiate And Award A Short Term Contract Until Such Time That A Contract Is Entered Into Pursuant To RFP No. 48-03/04. Issue: I Shall the City Commission adopt the Resolution? Item Summary/Recommendation: A residential solid waste collection contract was awarded to Browning Ferris Industries Waste Systems of North America (BFI) on October 18, 2000, and expiring on October 31,2002. Under the terms of the contract, the City has the option, at its sole discretion, to renew the contract for up to three (3) consecutive one-year terms by giving the contractor written notice of renewal at least sixty (60) days prior to renewal of the term. BFI notified the City on March 11, 2004, that they were not interested in renewing the contract for the last one-year term under the current terms and conditions. The current contract does not allow the City to negotiate different terms and conditions; it only allows adjustments to price due to increases in Consumer Price Index and increases in disposal costs. On October 11, 2004, RFP No. 48/03-04 was issued and notices sent to 45 individuals or firms, which resulted in the receipt of four proposal packages from the following firms: 1) All Services Miami-Dade; 2) BFI Waste Systems of North America, Inc.; 3) Waste Management Inc. of Florida; and 4) World Waste Services, Inc. The Evaluation Committee (the Committee) unanimously ranked Waste Management Inc. of Florida number one (1), BFI number two (2), and World Waste Services as number three (3). The Committee recommended that the Administration negotiate lower costs relative to the operation of the Green Waste Facility. The City Manager was briefed on the Committee's recommendation and based on the following cost comparison, concurs with the committee's recommendation that Waste Management is the top ranked firm. However, since the difference (5%) in the overall percentage between BFI (76.6%) and World Waste (71.2%) is minimal and with BFl's inability to provide consistent high quality service to the City's residents based on past performance, the City Manager is recommending World Waste as the second ranked firm and BFI as the third ranked firm. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: I Fred Beckmann Si n-Offs: D artment Director City Manager GL FB R JMG T:\AG NDA\2004\Dec0804\Regular\WasteMgmtltem Summary.doc AGENDA ITEM DATE 'R1M r~-g~OCf_ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov m To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez~ City Manager ;.zs.'L Date: December 8, 2004 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 48-03/04 FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, AND BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY (THE RFP); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM OF WASTE MANAGEMENT, INC. OF FLORIDA; SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM OF WORLD WASTE; SHOULD THE ADMINSTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE SECOND- RANKED FIRM, AUTHORIZING THE ADMINSTRATION TO NEGOTIATE WITH THE THIRD RANKED FIRM OF BFI; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS WITH ONE OF THE AFORESTATED FIRMS, SAID AGREEMENT BASED UPON THE MINIMUM TERMS AND CONDITIONS AS SET FORTH IN THE RFP AND THE SUCCESSFUL FIRM'S PROPOSAL IN RESPONSE THERETO; IN THE EVENT THAT NEGOTIATIONS CANNOT BE CONCLUDED BY DECEMBER 13, 2004, AUTHORIZING THE WAIVER BY 5/7THS VOTE, OF THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A SHORT TERM AGREEMENT FOR THE PURPOSE OF ENSURING THAT THERE IS NO INTERRUPTION IN SERVICE RELATIVE TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, AND BULK WASTE, UNTIL SUCH TIME THAT THE ADMINISTRATION IS ABLE TO CONCLUDE NEGOTIATIONS WITH ONE OF THE AFORESTATED FIRMS AND A CONTRACT IS EXECUTED. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. ANALYSIS A residential solid waste collection contract was awarded to Browning Ferris Industries Waste Systems of North America (BFI) on October 18, 2000, expiring on October 31, 2002. Under the terms of the contract, the City has the option, at its sole discretion, to renew the contract for up to three (3) consecutive one-year terms by giving the contractor written notice of renewal at least sixty (60) days prior to renewal of the term. Commission Memo RFP No. 48-03/04 - Collection and Disposal of Residential Solid Waste Page 2 of 7 On September 26, 2002, the Mayor and Commission authorized the first one-year term renewal, expiring October 31, 2003. On October 15, 2003, the Mayor and Commission authorized the second one-year term renewal, expiring October 31,2004. Under the terms of the contract, one-year term renewals shall be at the same cost to the City as the previous terms, except for any rate adjustments authorized in accordance with increase in Disposal Costs and Consumer Price Index. After the second one-year term renewal, in early 2004, the local BFI Senior Management Team was replaced. Since the management change, the City has experienced a decrease in quality of service including timeliness in responding to complaints. BFI notified the City on March 11, 2004, that they were not interested in renewing the contract for the last one-year term under the current terms and conditions. Their contract does not allow the City to negotiate different terms and conditions; it only allows adjustments to price due to increases in Consumer Price Index (CPI) and increases in disposal costs. BFI was interested in a significant price adjustment above and beyond CPI and disposal costs. BFI management and the City Sanitation Director spoke on several occasions regarding BFI's letter of March 11,2004, and service quality concerns. Based on the discussions with BFI, and believing that BFI had agreed to extend the contract month-to- month if needed in order to make the transition, the Administration concluded that it would not be in the City's best interest to force BFI to renew the agreement under the current terms and conditions of the contract. Forcing a renewal created the potential of further service degradation and would put the City in a position of having to default the existing contractor. At that time, a recommendation to issue a RFP was made. On July 28, 2004, the City Commission approved a Resolution authorizing the City Manager to issue a Request for Proposals to secure a new provider for the collection and disposal of residential solid waste, yard trash and bulk waste, and the operation of the green waste facility. On August 4, 2004, the Administration met with BFI's senior management to discuss the necessity of a month-to-month extension of the contract and to address quality concerns. After the meeting the Administration was certain that BFI had agreed to extend the contract on a month-to-month basis in order to facilitate an orderly transition. On August 27, 2004 the Administration met with BFI's senior management to discuss the terms of the month-to-month contract extension and was informed by BFI that a 40% increase in monthly fees would be needed in order to agree to the contract extension. The administration rejected the proposal. On September 23, 2004, another meeting was held between the Administration and BFI senior management to discuss the terms for a month-to-month extension ofthe agreement. During the discussion BFI agreed to extend the contract until December 31, 2004, at a ten percent (10%) increase in price per residential unit. Commission Memo RFP No. 48-03/04 - Collection and Disposal of Residential Solid Waste Page 3 of 7 RFP PROCESS After the Commission authorized the issuance of a RFP, the Administration took the following actions in order to develop a Scope of Work and the RFP documents. · Obtained residential solid waste collection contracts from other municipalities to compare Scope of Services and prices against the current City of Miami Beach contract. · Developed improved Scope of Work based on information obtained from other municipalities and our own experience in administering the solid waste collection contract over the last four years. · Defined additional service requirements such as monthly bulk waste pick up. · Adjusted Scope of Work to reduce the number of holidays where services were not being provided from four days a year to only one day. · Defined equipment requirements at the start of the contract. . Required two days per week of yard waste pick up. When completed the RFP required continuation of the following services: . Collect residential garbage at least two (2) times per week at the house backyard or side yard. · Collect yard trash at the house curbside two (2) times per week on the same days scheduled for garbage pick up . Provide bulk waste pick-up a maximum of four (4) times per calendar year. Residents must call in to schedule this service. As an option, the RFP required the bidders to bid a price for a monthly bulk waste pick-up on a fixed schedule in lieu of the four (4) times per week. The bulky waste collection option was requested as a means to help address a noticeable increase in illegal bulky dumping in the community. The increase in illegal dumping occurred shortly after the closure of the Community Materials Recovery Facility (MRF) located in Middle Beach as directed by the Commission on October 15, 2003. The illegal dumping was the subject of a November 19, 2004 LTC, which is attached. When the MRF stopped accepting bulky materials effective January 2,2004, an average of 132 tons of bulk waste per month, 87 tons of construction and demolition debris, and 89 tons of green waste was being handled at the facility. In the first 10 months of 2004 since the closure of the MRF. Sanitation has collected on the average around 217 tons of illegally dumped bulk waste per month at a cost of $21,450 per month. This represents an increase of about 85 tons per month of illegally dumped bulk waste, representing an increase of $9,090 per month or projected to be an increase in cost to the Sanitation fund of over $109,067 per year. In addition to other mitigating measures taken by the Administration, the RFP included an add alternate bid item to provide a monthly bulk pick up versus the four pick ups a year provided under the current contract. The Administration believes that providing a monthly Commission Memo RFP No. 48-03/04 - Collection and Disposal of Residential Solid Waste Page 4 of 7 bulk pick up that will be scheduled for the same day every month would reduce the amount of illegal dumping that occurs through the City, since residents will have more opportunities to discard on the same day of every month remodeling and home repairs trash, household furniture, and white goods. In addition to the potential reduction on illegal dumping, a monthly bulk waste pick up would also improve the City appearance and therefore quality- of-life, since the bulk waste will stay curbside for less time. Compliance will be much easier to enforce since any bulk waste outside the area of the City scheduled for bulk waste pick up on that day will be easily spotted by City inspectors and residents. On October 11, 2004, RFP No. 48/03-04 was issued and notices sent to 45 individuals or firms, which resulted in the receipt of four proposal packages from the following firms: 1) All Services Miami-Dade 2) BFI Waste Systems of North America, Inc. 3) Waste Management Inc. of Florida 4) World Waste Services, Inc. On October 19, 2004, the City Managervia Letter to Commission No. 276-2004 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: · Kathie Brooks, Director, Office of Budget and Performance Improvement, City of Miami Beach, Committee Chair · Daniel Cabrera, Mid-Beach Resident · Mark Butcher, Director of Food and Beverage for the Eden Roc Hotel, and Mid- Beach Resident · Rhonda McPherson, Sanitation Assistant Director, City of Miami Beach · Andrew Terpak, City of Miami Beach Fleet Management Director and a North Beach resident. . Mike Thompson, North Beach resident. . Dimas Dominguez, North Beach resident. The Committee convened on November 16, 2004, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government in the Sunshine Law. Committee members Cabrera and Dominguez were not in attendance. After evaluating the proposals, the Committee engaged in discussions relative to the proposals submitted. The Committee agreed that sufficient information was submitted in the proposals, therefore presentations were not needed. The Committee ranked and scored each proposal pursuant to the evaluation criteria established in the RFP, which was as follows (total possible 100%): Evaluation Criteria/Factors: WeiQht 40% 1) Cost to the City: 2) Ability to provide high-quality service to the Citr's residents, as evidenced by type and amount 0 equipment, personnel and procedures. 30% Commission Memo RFP No. 48-03/04 - Collection and Disposal of Residential Solid Waste Page 5 of 7 3) Prior experience in the industry, and prior service to City or to other groups of residents in a high-quality manner: Total: 30% 100% In assessing the cost implications of the bid proposals the committee was able to evaluate and consider the following information. The table illustrates the annualized cost for the services bid. ANNUAL SERVICE COST PER PROPOSER ADD AL TERNA TE- BULK COLLECTION RESIDENTIAL OPERATION OF MONTHLY IN LIEU GARBAGE CITY'S GREEN OF FOUR TIMES YEARLY GRAND PROPOSER SERVICE WASTE FACILITY PER YEAR TOTAL ALL SERVICE MIAMI- DADE $1,937,137.08 $300,000.00 $96,000.00 $2,333,137.08 BFI WASTE SYSTEM $1,993,729.32 $53,640.00 $229,380.00 $2,276,749.32 WORLD WASTE SREVICES $1,583,052.00 $175,884.00 $504,732.00 $2,263,668.00 WASTE MANAGEMENT $1,667,176.80 $76,476.00 $225,000.00 $1,968,652.80 The Committee scored and ranked the firms as follows: COMMITTEE MEMBERS Brooks, Kathie Butcher, Mark McPherson, Rhonda Ter ak, Andrew Thom son, Mike AVERAGE The Committee unanimously ranked Waste Management Inc. of Florida number one (1). The Committee ranked SFI number two (2) and World Waste Services as number three (3). The Committee also recommended that the Administration negotiate lower costs relative to the operation of the Green Waste Facility. Waste Management is considered the lowest and best bidder based on the following factors: 1. Cost. Waste Management's total cost was significantly lower (by more than $295,000) than the next lowest bidder. The impact of the proposal to our residents is as follows (cost comparison to other cities attached): . Current cost of services per month, $34.09 . Cost of proposed service per month at current service level, $38.53 . Cost of proposed service per month at expanded service level, $41.47 . Cost per month of monthly bulk pick up that is included in the expanded service level, $2.94 Commission Memo RFP No. 48-03/04 - Collection and Disposal of Residential Solid Waste Page 6 of 7 2. Operations and equipment. Waste Management proposed four (4) brand new rear load packer-type collection vehicles, while all other bidders offered three (3) brand new trucks. By providing four (4) rear loaders, service areas are reduced, routes shortened and service improved. Trips to the disposal sites are also minimized thus providing for a more efficient and effective operation. 3. Waste Management's Management Team. The Route Supervisor, Mr. Jonathon Wyche has over 18 years experience in the solid waste industry, all with Waste Management. Mr. Wyche has previously served as Route Supervisor in Miami Beach for more than two (2) years and is familiar with the unique operating requirements in Miami Beach. Attached is a complete listing of Waste Management's proposed management team and their respective experience and qualifications. 4. Experience and Resources. Waste Management has more than 20 million residential and commercial customers, 289 active landfills, 366 transfer stations, 17 waste-to-energy facilities,138 material recovery facilities, 25,000 collection and transfer vehicles, and more than 51,000 employees. In South Florida, Waste Management has more than 800 employees and more than 500 dispatched trucks that service more than 200,000 residents, many of which are "backdoor" service, similar to the services needed in Miami Beach. 5. Favorable References. Reference checks were conducted by Procurement Division staff which resulted in the following favorable responses: City of Florida City Sylvester Jackson Their business professionalism has been very impressive during the 15 year contract relationship with them. Outstanding business expertise. City of Lauderdale Lakes Melissa Smith - Public Works No overall comments provided, however all positive responses to all questions asked. City of Hialeah Maria Joffee Good rates, Good Service. City of Coral Gables Dan Keys Very responsive company, well run. The City Manager was briefed on the Committee's recommendation and concurs with the Committee's recommendation relative to Waste Management being the top ranked firm. However, since the difference (5%) in the overall percentage between BFI (76.6%) and World Waste (71.2%) is minimal, with BFI's inability to provide consistent high-quality service to the City's residents based on past performance, the City Manager is Commission Memo RFP No. 48-03/04 - Collection and Disposal of Residential Solid Waste Page 7 of 7 recommending World Waste as the second ranked firm and BFI as the third ranked firm. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which accepts the recommendation ofthe City Manager pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 48-03/04 for the Collection and Disposal of Residential Solid Waste, Yard Trash, and Bulk Waste, and Operation of the City's Green Waste Facility (the RFP); authorizes the Administration to enter into negotiations with the top-ranked firm of Waste Management, Inc. of Florida. The resolution recommends that the contract for services be negotiated to include the bulky waste monthly collection option. This option should assist in addressing a community problem with illegal dumping, while providing for an expanded service to our residents. The incremental cost of the option to the resident at $2.94 per month is reasonable. The option may also provide cost savings in the sanitation fund. A report will be made to the City Commission after a 6 month and 1 year period to enable the Commission to determine if future resident collection rates can or should be adjusted in light of any savings that may materialize. In the event that negotiations with the first ranked bidder are not successful the resolution authorizes negotiation with the second and third ranked bidders in succession. The resolution further authorizes the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations with one of the aforestated firms, said agreement based upon the minimum terms and conditions set forth in the resolution. In the event that negotiations cannot be concluded by December 13, 2004, the resolution authorizes the waiver by 5/7ths vote, of the competitive bidding requirement, finding such waiver to be in the best interest of the city, and authorizes the City Manager or his designee to negotiate a short term agreement for the purpose of ensuring that there is no interruption in service to the residents relative to the collection and disposal of residential solid waste, yard trash, and bulk waste. This provision is intended to recognize that without a contract by the December 13 date, it will not be possible for a vendor to begin service as anticipated at the beginning of the year. In the event this short term contract were necessary, it would last only until such time that the Administration is able to conclude negotiations with one of the aforestated firms pursuant to the RFP, and a contract is executed. T:\AGENDA\2004\Dec0804\Regular\WasteManagement Final.Memo.doc