20160413 SM2MIAMI BEACH
Gity Gommission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Ghambers, 3'd Ftoor, 1700 Convention Center Drive
April 13,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Com missioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vl!, Division 3 of the Gity Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G7 - Resolutions
C7V A Resolution Establishing A Policy Of The City Commission Strongly Opposing Any Sale, Lease,
Transfer, Or Change ln Use Or Zoning Designation Of Rebecca Towers, As Well As Any Other
Current Or Future etOenyntfordable Housing Projects Owned By The City Of Miami Beach, The
Housing Authority Of The City Of Miami Beach, Or The Miami Beach Community Development
Corporition, For Any Purpose Other Than Affordable Housing For The Elderly.
(Sponsored by Mayor Philip Levine And Co-Sponsored bv Commissioner Jov Malakoff)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Resolution)
R7 - Resolutions
A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Second
Amendment To The Residential Solid Waste Agreement ("Second Amendment') With
Progressive Waste Solutions Of FL, lnc.; Which Second Amendment Agreement ls Attached
Hereto As Exhibit 1, And ls Scheduled To Commence On September 1, 2016; And Further
Terminating The Pending Solicitation Under RFP No.: 2015-258-WG.
(Public Works)
(Agreement)
R7t
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
FROM:
DATE:
SUBJECT:
Jimmy Morales, City Manager
Mayor Philip Levine
April 8,2016
Agenda ltem for April 2016 City Commission Meeting
MEMORANDUM
Please place the following item on the April 13th City Commission Meeting Consent
Agenda:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ESTABLISHING A POLICY OF THE CITY COMMISSION
STRONGLY OPPOSING ANY SALE, LEASE, TRANSFER, OR CHANGE IN USE OR
ZONING DESIGNATION OF REBECCA TOWERS, AS WELL AS ANY OTHER
CURRENT OR FUTURE ELDERLY AFFORDABLE HOUSING PROJECTS OWNED BY
THE CITY OF MIAMI BEACH, THE HOUSING AUTHORITY OF THE CITY OF MIAMI
BEAGH, OR THE MIAM! BEACH COMMUNITY DEVELOPMENT CORPORATION, FOR
ANY PURPOSE OTHER THAN AFFORDABLE HOUSING FOR THE ELDERLY.
Because Rebecca Towers are important institutions in the City of Miami Beach that provide
much needed affordable housing for hundreds of our senior residents, and in order to
affirm our commitment to ensuring senior housing is maintained at Rebecca Towers, I ask
the Commission to establish a policy strongly opposing any sale, lease, transfer, or change
in use or zoning designation of Rebecca Towers for any purpose other than affordable
housing for the elderly.
We are commifted to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, histoic community
Aqenda ttem c7v
DateTEE-3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLTSHING A
POLICY OF THE CITY COMMISSION STRONGLY OPPOSTNG
ANY SALE, LEASE, TRANSFER, OR CHANGE IN USE OR
ZONING DESIGNATION OF REBECCA TOWERS, AS WELL AS
ANY OTHER CURRENT OR FUTURE ELDERLY AFFORDABLE
HOUSING PROJECTS OWNED BY THE CITY OF MIAM!
BEACH, THE HOUSING AUTHORIW OF THE CIry OF MIAMI
BEACH, OR THE MIAM! BEACH COMMUNITY DEVELOPMENT
CORPORATION, FOR ANY PURPOSE OTHER THAN
AFFORDABLE HOUSING FOR THE ELDERLY.
WHEREAS, Rebecca Towers North is a thirteen-story residential building located at 200
Alton Road with 200 units (120 efficiencies and 80 one-bedrooms) for which U.S. HUD provides
rental subsidies pursuant to the Section 8, New Construction-Elderly Designated program to
tenants 62 years of age or older who are income eligible; and
WHEREAS, Rebecca Towers South is a thirteen-story residential building located at 150
Alton Road with 200 units (120 efficiencies and 72 one-bedrooms, and 8 two-bedrooms) for
which U.S. HUD provides rental subsidies pursuant to the Public Housing-Elderly Designated
program to tenants 62 years of age or older who are income eligible; and
WHEREAS, the housing programs at Rebecca Towers North and South (collectively,
"Rebecca Towers") are developed and administered by the Housing Authority of the City of
Miami Beach ("HACMB"); and
WHEREAS, Rebecca Towers are important residential facilities in the City of Miami
Beach ("City") that provide much needed affordable senior housing to hundreds of City
residents; and
WHEREAS, other HACMB affordable housing projects in the City which give preference
to elderly persons currently include the Leonard Turkel Residences (21 units), Henderson Court
(5 units), and the Steven E. Chaykin Apartments (30 units for elderly disabled persons); and
WHEREAS, in addition, the Miami Beach Community Development Corporation
("MBCDC') currently owns and administers affordable housing projects at The Crespi (8 units),
The Madison (16 units), Villa Matti (36 units), The Allen (34 units), The Westchester (24 units),
The Jefferson (27 units), The Aimee (27 units), The Sabrina (20 units), Villa Maria (34 units),
The Fernwood (18 units), and Meridian Place (34 units); and
WHEREAS, it is the intent of the Mayor and City Commission that affordable housing for
the City's senior residents be maintained and preserved; and,
WHEREAS, many steps would be required by the HACMB, MBCDC, U.S. HUD, and the
City Commission, with many public hearings, before a sale, lease, transfer, or change in use or
zoning of any elderly public housing project could potentially occur; and
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WHEREAS, notwithstanding the foregoing, the Mayor and City Commission of the City
of Miami Beach affirmatively assert their intent to preserve elderly affordable housing in the City,
and that U.S. HUD eligible senior housing should be maintained and, therefore, a policy should
be established to strongly oppose any and all efforts and measures that would result in the sale,
lease, transfer, or change in use or zoning designation of Rebecca Towers, or any other current
or future elderly housing projects owned by the City, HACMB, MBCDC, for any purpose other
than affordable housing for the elderly.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE Glry OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby establish a policy strongly opposing any sale, lease, transfer, or change in
use or zoning designation of Rebecca Towers, as well as any other current or future elderly
affordable housing projects owned by the City of Miami Beach, the Housing Authority of the City
of Miami Beach, or the Miami Beach Community Development Corporation, for any purpose
other than affordable housing for the elderly.
PASSED AND ADOPTED this _ day of.2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
I
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SECOND AMENDMENT TO THE AGREEMENT BETWEEN CITY OF MIAMI BEACH AND
PROGRESSIVE WASTE SOLUTIONS OF FL.INC.
This is a Second Amendment to the original Agreement. dated June 9,2010, made and entered
into this _ day of _, 2076, by and between the City of Miami Beach, a municipal
corporation, existing under the State of Florida (hereinafter referred to as the "City") and Progressive
Waste Solutions of FL, Inc., a Delaware corporation (hereinafter referred to as the "Progressive or
Contractor").
WITNESSETH
WHEREAS, on October 14,2009, the City issued a Request for Proposal No. 60-08/09 entitled,
"Collection and Disposal of Residential Solid Waste Yard Trash, Bulk Waste, and Operation of the City's
Green Waste Facility" (the "MP"); and
WHEREAS, at its June 9, 2010 meeting, the Mayor and City Commission adopted Resolution
No. 2010-27421, approving and authorizing the Mayor and City Clerk to execute an agreement, pursuant
to the RFP, with Choice Environmental Services, Inc., (the "Agreement"); and
WHEREAS, the Agreement provided an initial term commencing on September 1, 2010, and
terminating on August 31,2015, with up to three (3) consecutive one-year renewal terms; and
WHEREAS, on April 10,2014, due to a merger of Choice with Progressive Waste Solutions of
Florida, Inc. (hereinafter "Progressive"), the City Commission authorized a First Amendment to the
Agreement, recognizing the name change of the contractor to Progressive (hereinafter "Amended
Agreement"); and
WHEREAS, on July 8,2015, the City Commission approved a one year extension, as authorized
under the Amended Agreement, and simultaneously directed the Administration to prepare a Request for
Proposals to go out for bid for future residential disposal and waste services; and
WHEREAS, on September 2,2015, the City Commission approved, the issuance of RFP No.
2015-258-WG, for Collection and Disposal of Residential Solid Waste Yard Trash, Bulk Waste, and
Operation of the City's Green Waste Facility; and
WHEREAS, thereafter, on February 10,2016, the City Commission provided further direction to
the Administration to (l) extend the RFP opening date; and (2) to negotiate with Progressive, as to the
existing Amended Agreement, which provides up to two additional one year extension terms; and
WHEREAS, the Administration has negotiated terms with Progressive, that enhance the level of
service, per year, for the remaining two, one-year extension terms provided for under the Amended
Agreement;and
WHEREAS, the negotiated terms include the following:
o Two, one-year extensions of time;
o Zero cost increase in year one (September 1,2016 - August 31,2017)
o Pass through of any incurred Miami-Dade County tipping cost increase in the second year
(September 1,2017 - August 3 1, 2018);
r Bulk waste pickup will be increased from four (4) to five (5) times, per year, with a more
responsive turnaround time ffrom five (5) business days to three (3) business days];
Agenda ltem
Date7
r Creation of an electronic waste recycling program through a vendor that, at its facility, processes
under the Responsible Recycling (R2) Standard for Electronics Recyclers and/or the e-Steward
Standard for Responsible Recycling and Reuse of Electronic Equipment (e-stewards);"
o Contractor shall create a textile drop off program for City residents; and
o Distribution of a mailer, twice, per year, detailing waste/recycling/green tips and newsletter; and
o Creation of a resiliency and sustainability plan; and
WHEREAS, the Administration requests that the Mayor and City Commission hereby approve a
Second Amendment to the Collection and Disposal of Residential Solid Waste Yard Trash, Bulk Waste,
and Operation of the City's Green Waste Facility Agreement, which Second Amendment would
commence on September 1,2016.
NOW THEREFORE, in consideration of the foregoing Recitals and of the mutual covenants
hereinafter set forth, it is agreed as follows:
1. RECITALS.
The foregoing Recitals are true and form the basis of this Agreement. This Second Amendment,
and the underlying Agreement dated June 9,2010, in the event of ambiguity, shall be interpreted so as to
carry out the purposes set forth in the Recitals.
2. Section 8 of the June 9, 2010 Agreement, entitled "Yard Trash (Regular and Bulk) Collection
Services", at subsection 8.2 b), is hereby modified as follows:
"b) Bulk Yard Trash will be collected on a scheduled basis, at no additional charge.
Such service shall be provided up to feur{4+; five (5) times per year on dates scheduled
between the customer and Contractor. ...."
3. Section 9, of the June 9,2010 Agreement, entitled "Bulk Waste Pick-Up Services" at subsection
9.2, atthe second full paragraph, is hereby modified as follows:
"Notwithstanding the preceding paragraph, Contractor shall collect Bulk Waste a maximum of
f€ur(4) five (5) times per calendar year, and up to twenty five (25) cubic yards, per pick up, for
each customer. In the event that a customer presents more than 25 cubic yards of Bulk Waste for
collection in any scheduled pick-up, it shall be counted as an additional pick-up (for every
additional 25 cubic yards of waste material collected), as provided in the preceding paragraph.
The Bulk Waste shall be collected within three (3) business days of Contractor receiving the
request.
4. Sectionl0 of the original Agreement is hereby modified as follows:
Section l0.ll entitled "Adjustments: is STRICKEN in its entirety. The following language shall
be added to section 10.1 1
The Contractor shall not be entitled to any adjustment in fees upon the Citv's acceptance of the
second annual renewal )zear option (September 1. 2016 - August 3 1. 2017). as provided for under
4.2 of the Agreement. The Contractor shall solely be entitled to a pass-through adjustment of fees
due to anly increase in permitting or "tipping" by Miami-Dade Countv. Department of
' S+rieken words are deleted from the underlying text. Underlined words are added to the underlying text.
Page 2 of5
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Environmental Resource Management. of any incurred Miami-Dade Countv tipping cost increase
in final. annual. renewalyear option (September 1.2017 - August 31.2018).
5. Section 11, of the June 9,2010 Agreement, entitled "Other Seryices" is hereby modified as
follows:
Section 11.2 Promotional Material: Within rixry Ouy, from the Commencement Date, the
Contractor will provide corporate literate and promotional materials to assist the City with its
anti-litter program. Contractor, shall distribute, a mailer, twice. per year. to Citv residents
detailing waste/recycling/green tips and providing a general newsletter relating to sustainabilitv.
recycling. going "green"" and other issue relating to solid waste.
1 1.6 Sustainability and Green Initiatives. Contractor hereby agrees and acknowledges that the
City's consideration of, and reliance upon, Contractor's proposed Sustainability and Green
Initiatives, as attached and incorporated as Exhibit "E" hereto, was an important consideration
and incentive to the City in the award and execution of this Agreement. .... Paragraph 1).
Contractor shall create a resilienclz and sustainabili8 plan. to be implemented over the length of
any Term extension as provided for under Section 4.2.. and shall be implement through new
Exhibit E. This new Exhibit E shall be attached hereto. and replace the original Exhibit E to the
Agreement.
11.7 Creation of an electronic waste recycling program through a vendor that. at its facilitv.
processes under the Responsible Recycling (R2) Standard for Electronics Recyclers and/or the e-
Steward Standard for Responsible Recycling and Reuse of Electronic Equipment (e-stewards)."
The Contractor will work with the City (or vice versa) to secure the proper permits in order to be
able to take the e-waste drop-offs at the Citv's current facili8 that is permitted for green waste. If
it is not possible for Contractor to secure the proper permits Contractor will work together with
the Citv. in good faith. to come up with a suitable alternative site for collection.
I I .8 Contractor shall create a textile drop off program for Citv residents. The Contractor will
work with the Citv (or vice versa) to secure the proper permits in order to be able to take the
textile drop-offs at the Citv's current facilitv that is permitted for green waste. If it is not possible
for Contractor to secure the proper permits. Contractor will work together with the Citv. in good
faith. to come up with a suitable alternative site for collection.
6. Section 15, entitled "Consumer Price Index," is hereby STRICKEN and replaced by the
following language:
Section 15. RESERVED.
7. Miscellaneous.
(a) Complete Agreement. This Second Amendment, when executed, together with all
Exhibits attached hereto as provided for by this Agreement, shall constitute the entire Agreement between
both parties and this Agreement may not be amended, modified or terminated except by a writing signed
by the parties hereto.
(b) Severability. In the event that any clause or provision of this Agreement or any part
thereof shall be declared invalid, void or unenforceable by any court having jurisdiction, such invalidity
shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result
would be manifestly inequitable or unconscionable.
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(c) All other terms and conditions. All other terms and conditions of the of the June 9,
2010 Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seals at the place and on the date
first above written.
City of Miami Beach, Florida Progressive Waste Solutions of FL,Inc.
By:By:
Mayor
Philip Levine
Attest:
President (or Authorized Official)
Print name:
City Clerk, Raphael Granado
day of
Corporate Secretary
Print name:
,2016
'1 -//'ld rrt
a-a-
Dote
_ day of ,2016
Page 4 of5
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NEW EXHIBIT E
Page 5 of 5
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Exhibit'E'
Thinkins Bevond Todav
Progressive Waste is committed to creating a more sustainable future. Our landfills
fund infrastructure for public use and provide compost, nutrient management,
recycling, energy recovery, education, and many other environmentally and socially
responsible initiatives. Our environmental practices and technologies provide
benefits including: diversion of waste from our landfills through our recycling
facilities; organized, timely, safe waste removal from residential and business
communities; energy capture of greenhouse gases for productive use; and recycling
and composting to conserve precious resources.
Beyond meeting and exceeding regulatory expectations, we work constantly to
identify best management practices that promote environmental sustainability. ln all
of our communities, this means engaging with regulators, engineers, and industry
experts to learn about and implement new waste management technologies.
On a daily basis, we help homes and businesses come up with smart solutions for all
of their waste needs.
Recycline and Materials Recoverv
Our recycling services include collection of recyclable materials from commercial,
industrial, and residential customers. Each day, our facilities receive and process a
wide variety of recyclable materials including cardboard, glass, plastic containers,
office paper, and newsprint. To provide practical, front--line support for our nation's
recycling efforts, we own or operate 50 dedicated material recovery facilities in
North America. Our managers are skilled at harvesting quality recoverable material
that is marketed to post---consumer mills for the best attainable product value.
Through our network of material recovery facilities and our recycling collection
services, we work hard to help our customers reduce waste generation and increase
recovery rates.
Landfills
We own or operate 30 landfills. These operations are designed to meet the highest
standards of environmental protection while effectively disposing of non---recyclable,
non---hazardous solid waste that cannot be diverted. Our facilities are staffed by
experienced operators who employ the most modern landfill operating procedures.
To ensure that we continue to meet the highest environmental protection
standards, we encourage government inspections of our sites and invest in
independent third--party monitoring.
Landfill Gas to Energv
We have invested in waste--to---energy technologies which converts methane gas
produced in a landfill to electricity. Conversion of methane reduces greenhouse
emissions while making a positive contribution to energy production. Our landfills in
St. Cloud, Florida, Seneca Falls, New York, Bethlehem, Pennsylvania, St. Louis,
12
Exhibit "E"
Missouri, and Lachenaie, Quebec, have landfill gas recovery systems that transfer
methane gas from the landfill to independently--owned facilities at which the gas is
converted into electricity. Together these operations produce more electrical power
annually than the energy contained in more than 200,000 barrels of oil. We plan to
build more gas--to---energy facilities as our landfills continue to develop. ln addition to
electrical generation, the company opened its first operating facility in Alvarado,
Texas in late 2011 where landfill gas is upgraded to natural pipeline grid quality. Our
landfill sites provide an environmentally safe and economical way to manage the
non--hazardous, solid waste generated within the community. We strive to find new
and innovative methods to use at our facilities to further benefit the community.
National and Local lnitiatives
. North American lnitiatives and Resources
CommitmenttoT0o/o of new vehicles purchased will be CNG
Material Recovery Facilities. Own or operate 50 dedicated Material Recovery Facilities
. ln 2009, Progressive constructed and opened the first LEED
Certified privately funded single stream MRF in the United States
located in McKinney, Texas. Each year, Progressive diverts more than 1.2 million tons of
material from landfills for repurposing
. Florida - lnitiatives and Resources
JED Solid Waste Disposal Facility. Auto shred residual recycling. Liquidsolidification. Tire shredding and recycling. Concrete processing and recycling
. Leachaterecirculation. Landfill gas to energy
. Miami-Dade & Broward Counties - lnitiatives and Resources
Local Facilities. 1 Material Recovery Facility dedicated to processing single---stream
recyclables. 1 Material Recovery Facility dedicated to processing commercial
recyclables. 1 Recycling Center for processing construction and demolition
debris. 1 Material Recovery Facility for processing green waste,
recyclables and commercial solid waste
. 2 Class I Transfer Stations for the transfer of recyclable material
to our MRF. Operate City of Miami Beach Green Waste facility
. Over a 1-32,000 tons of recyclable material processed locally
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Exhibit "E"
Progressive Waste Companvwide Statistics
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