2000-23881 RESO
RESOLUTION No. 2000-2388'1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RETROACTIVITY DECLARING A STATE OF PUBLIC
EMERGENCY FOR THE THIRTY (30) DAY PERIOD FOLLOWING HURRICANE
IRENE'S IMPACT ON THE MIAMI BEACH AREA ON OCTOBER 14, 1999,
APPROPRIATING $700,277.05 FROM THE GENERAL FUND CONTINGENCY
RESERVE, AUTHORIZING, BY 5/7THS VOTE, AN INITIAL PAYMENT OF
$350,000 TO ONYX CORPORATION AS PARTIAL PAYMENT FOR THE
EMERGENCY DEBRIS REMOVAL SERVICES FOLLOWING HURRICANE IRENE
AND PAYMENT OF THE REMAINING BALANCE DUE SUBJECT TO THE
VALIDATION AND APPROVAL OF THE INVOICED CHARGES, AND PROVIDING
FOR THE REIMBURSEMENT OF THE GENERAL FUND CONTINGENCY
RESERVE.
WHEREAS, Hurricane Irene impacted the Miami Beach area on October 14, 1999 and
caused severe landscape damage and flooding; and
WHEREAS, in accordance with the provisions of our Solid Waste Management
Facility Agreement, the City authorized Onyx Corporation to perform emergency debris
removal services throughout the City; and
WHEREAS, Onyx invoiced the City for a total of$700,277.05 for the hurricane debris
removal services rendered; and
WHEREAS, the City has notified Onyx that their invoice could not be approved for
payment because it lacked adequate back-up documentation to substantiate the invoice charges
and has not received an adequate response from Onyx; and
WHEREAS, a disaster relief claim containing the Onyx invoice was submitted to the
Federal Emergency Management Administration (FEMA) on February 25th, 2000; and
WHEREAS, the claims validation team from FEMA is still reviewing the City's
claim and has not yet approved or denied the claim; and
WHEREAS, at a meeting of the Finance and Citywide Projects Committee on April
7,2000, the Committee directed the Administration to prepare a Resolution for the April 12,
2000, City Commission meeting, to appropriate sufficient funds from the General Fund
Contingency Reserve to allow for the immediate release of an initial payment of $350,000 to
Onyx and for prompt payment of the remaining balance once the validation of the invoice has
been completed; and
WHEREAS, provisions of City Resolution No. 96-22014, which established the
General Fund Contingency Reserve and which was amended by Resolution No. 98-22661,
which required that before any expenditures from the reserve, the Mayor and City Commission
must declare a public emergency affecting life, health, property or public safety, and authorize
the said expenditures, by 517ths vote, and that the Fund be reimbursed for any expenditures
with any State and Federal Disaster Relief funds received and with Undesignated General
Fund revenues to make up any shortfall.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a state of public
emergency affecting life, health, property or public safety, is hereby retroactively declared for
the thirty (30) day period following Hurricane Irene's impact on the Miami Beach area on
October 14, 1999, an appropriation of $700,277.05 from the General Fund Contingency
Reserve is authorized, the issuance of an initial payment of $350,000 to Onyx Corporation as
partial payment for the emergency debris removal services following Hurricane Irene in
October, 1999 and payment of the remaining balance due subject to the validation and
approval of the invoiced charges is authorized, by 517ths vote, and providing for the
reimbursement of the General Fund Contingency Reserve in accordance with the requirements
of Resolution Nos. 96-22014 and 98-22661.
Passed and Adopted this 12th day of April, 2000.
~AYOR
ATTEST:
_~( fWLL~
CITY CLERK
APPROVED AS TO
FORM & LA.NGUA(;E
& FOR EXECUTtON
~1'L / ~
City Ai;;;:~ DaTe
CITY OF MIAMI BEACH
m
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 3\'1- 00
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: April 12, 2000
Lawrence A. Levy ,~
City Manager ~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RETROACTIVELY DECLARING A STATE OF
PUBLIC EMERGENCY FOR THE THIRTY (30) DAY PERIOD FOLLOWING
HURRICANE IRENE'S IMPACT ON THE MIAMI BEACH AREA ON
OCTOBER 14, 1999, APPROPRIATING $700,277.05 FROM THE GENERAL
FUND CONTINGENCY RESERVE, AUTHORIZING, BY 517THS VOTE, AN
INITIAL PAYMENT OF $350,000 TO ONYX CORPORATION AS PARTIAL
PAYMENT FOR THE EMERGENCY DEBRIS REMOVAL SERVICES
FOLLOWING HURRICANE IRENE AND PAYMENT OF THE REMAINING
BALANCE DUE SUBJECT TO THE VALIDATION AND APPROVAL OF THE
INVOICED CHARGES, AND PROVIDING FOR THE REIMBURSEMENT OF
THE GENERAL FUND CONTINGENCY RESERVE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Hurricane Irene impacted the Miami Beach area on October 14, 1999. While structural damages were
fortunately light, landscape damages and flooding were severe enough for State and Federal emergency
management agencies to declare Miami-Dade County a disaster area.
In accordance with the provisions of our Solid Waste Management Facility Agreement, the City authorized
Onyx Corporation to perform emergency debris removal services throughout the City. Removal of the
hurricane debris required approximately three weeks to complete and during that period 30,000 cubic
yards of debris was collected.
AGENDA ITEM I( 7 R-
DATE 4--/2-00
Onyx invoiced the City for a total of $700,277.05 for the hurricane debris removal services rendered. The
invoiced total was cause of some concern as it was $500,000 more than the debris removal costs of any
previous disaster, including Hurricane Andrew. Further analysis revealed that Onyx was charging a net
cost of$507 per ton for collection and disposal of the hurricane debris which substantially exceeded the
County-wide average of$80 per ton. The total volume of debris reportedly collected on Miami Beach was
three times that collected in the City of Coral Gables and 20% more than was collected in the entire City
of Miami.
After reviewing the submitted invoice, the City notified Onyx that their invoice could not be approved
for payment because it lacked adequate back-up documentation to substantiate the invoice charges. The
City also provided Onyx with a clear listing of what additional supporting documentation was required.
The City subsequently received a revised invoice package from Onyx. However, the revised package
still did not provided the minimum documentation required to allow it to be approved for payment. In
order to preserve the City's right to claim disaster relief funding to offset the hurricane debris removal
costs, a claim containing the revised Onyx invoice was submitted to the Federal Emergency Management
Administration (FEMA) on February 25th, 2000.
The claims validation team from FEMA is still reviewing the City's claim and has not yet approved or
denied the claim. The City has also submitted follow-up requests for the additional supporting
documentation required, but to date, we have not received a response from Onyx,
The City has been withholding payment to Onyx until such time as the FEMA representatives have
validated the claim and until the City's Auditors are satisfied that the remaining discrepancies in the
invoice have been resolved. However, at a meeting of the Finance and Citywide Projects Committee on
April 7, 2000, the Committee directed the Administration to prepare a resolution for the April 12, 2000,
City Commission meeting, to appropriate sufficient funds from the General Fund Contingency Reserve
to allow for the immediate release of an initial payment of$350,000 to Onyx and for prompt payment of
the remaining balance once the validation of the invoice has been completed.
City Resolutions No. 96-22014 and 98-22661 established the General Fund Contingency Reserve and also
established a set of procedures to govern its use. Those provisions require that before any expenditures
from the reserve, the Mayor and City Commission must declare a public emergency affecting life, health,
property or public safety and authorize the said expenditures, by 5/7ths vote. The Resolution provisions
also require that the Fund be reimbursed for any expenditures with any State and Federal Disaster Relief
funds received and with Undesignated General Fund revenues to make up any shortfall.
Therefore, the City Commission should adopt the attached Resolution retroactivity declaring a state of
public emergency for the thirty (30) day period following Hurricane Irene's impact on the Miami Beach
area on October 14, 1999, appropriating $700,277.05 from the General Fund Contingency Reserve,
authorizing, by 5/7ths vote, an initial payment of $350,000 to Onyx Corporation as partial payment for the
emergency debris removal services following Hurricane Irene and payment of the remaining balance due
subject to the validation and approval of the invoiced charges, and providing for the reimbursement of the
General Fund~tingenCy Reserve.
LALI~lbdh
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