2018-30255 ResolutionRESOLUTION NO. 2018 -30255
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH AND WASTE
MANAGEMENT, INC. OF FLORIDA (CONTRACTOR), RELATING TO
THE FINAL DISPOSITION OF HURRICANE IRMA RELATED DEBRIS;
AND FURTHER AUTHORIZING THE PAYMENT OF $66,655.34
($50,000 OF WHICH IS A RETROACTIVE AUTHORIZATION
REQUEST) TO THE CONTRACTOR AS A FINAL PAYMENT
RELATING TO FINAL DISPOSITION OF HURRICANE IRMA
RELATED DEBRIS THAT OCCURRED AFTER THE COMPLETION OF
THE STATE OF EMERGENCY AND AFTER THE PERIOD
AUTHORIZED FOR THE CITY MANAGER TO PROCURE
EMERGENCY SERVICES PURSUANT TO THE HURRICANE IRMA
STATE OF EMERGENCY.
WHEREAS, on September 6, 2017, in advance of Hurricane Irma, the City of Miami
Beach declared a State of Emergency, pursuant to Section 26 -31, of the City Code, which State
of Emergency provided enhanced procurement authority for the City Manager, with subsequent
ratification by the City Commission; and
WHEREAS, after Hurricane Irma made landfall, on September 13, 2017, and then again
on September 18, 2017, the City Commission ratified and extended the State of Emergency;
and
WHEREAS, on September 25, 2017, as part of the City's emergency recovery efforts
following Hurricane Irma, the City Manager, executed a Memorandum of Understanding with
Waste Management, Inc. of Florida (Contractor) to provide emergency disaster debris disposal
services for the City of Miami Beach, and
WHEREAS, the declared State of Emergency ended on November 3, 2017; and
WHEREAS, although the State of Emergency ended, clean up from Hurricane Irma was
on going, resulting in an additional $66,655.34 of mixed debris to be disposed of by Contractor;
and
WHEREAS, the City Administration desires to amend the Memorandum of
Understanding with Contractor in order to extend the terms of the agreement through January
31, 2018; and to authorize that the mixed debris clean up, between November and the term
limit, can be disposed of at the Contractor's Monarch Hill Energy Park at a rate of $54.00 per
ton (an additional rate to be included in the amended MOU and identified as "Hurricane Irma
Debris — Mixed "); and
WHEREAS, cost of disposal subject to the terms of the amended Memorandum of
Understanding was anticipated to be less than the City Manager's authority limit; and
WHEREAS, $50,000 of the $66,655.34 invoiced for the mixed Hurricane Irma disposal
costs associated were paid under the City Manager's authority; however, the final remaining
invoice balance was for an additional $16,655.34; and
WHEREAS, the Administration is requesting the City Commission approve the
amendment to the Memorandum of Understanding with the Contractor, and requests the
retroactive authorization of the initial $50,000 paid by the City Manager, together with the
additional $16,655.34 in final mixed Hurricane Irma debris disposition.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission approve and authorize an amendment to the Memorandum of Understanding with
Waste Management Inc., of Florida (Contractor) for the final disposition of Hurricane Irma
related debris and further authorizing the payment of $66,655.34 ($50,000 of which is
retroactive authorization) to Contractor for a final payment relating to final disposition of mixed
Hurricane Irma related debris, that occurred after the completion of the State of Emergency, and
after the period authorized for the City Manager to procure emergency services pursuant to the
Hurricane Irma State Of Emergency..
PASSED and ADOPTED this 11th day of April, 2018.
ATTEST:
Rafael E.
4f2T
ranado, C y CI rk
Dan Gelber, M
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
c%
City Attorney Date
MIAMI BEACH
Resolutions - C7 G
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI
BEACH AND WASTE MANAGEMENT, INC. OF FLORIDA (CONTRACTOR),
RELATING TO THE FINAL DISPOSITION OF HURRICANE IRMA RELATED
DEBRIS; AND FURTHER AUTHORIZING THE PAYMENT OF $66,655.34 ($50,000
OF WHICH IS A RETROACTIVE AUTHORIZATION REQUEST) TO THE
CONTRACTOR AS A FINAL PAYMENT RELATING TO FINAL DISPOSITION OF
HURRICANE IRMA RELATED DEBRIS THAT OCCURRED AFTER THE
COMPLETION OF THE STATE OF EMERGENCY AND AFTER THE PERIOD
AUTHORIZED FOR THE CITY MANAGER TO PROCURE EMERGENCY
SERVICES PURSUANT TO THE HURRICANE IRMASTATE OF EMERGENCY.
ANALYSIS
On September 6, 2017, in advance of Hurricane Irma, the City of Miami Beach declared a State of
Emergency, pursuant to Section 26 -31 of the City Code. After Hurricane Irma made landfall, on
September 13, 2017, and then again on September 18, 2017, the City Commission ratified and
extended the State of Emergency. On November 3, 2017 the City Manager's authority under the
State of Emergency ended.
On September 25, 2017, as part of the City's emergency recovery efforts following Hurricane Irma,
the City Manager executed a memorandum of understanding (MOU) with Waste Management Inc. of
Florida (Contractor) to provide the disposal of construction and demolition hurricane debris. The term
of the agreement was from September 27, 2017 to November 30, 2017. The amendment extended
the terms of the agreement through January 31, 2018. It also provided for Hurricane Irma Generated
Debris -Mixed to be disposed of at the Contractor's Monarch Hill Energy Park at a rate of $54.00 per
ton. The amendment was executed by the City Manager with the expectation that it constituted less
than $50,000 of additional expenses.
There were subsequent invoices totaling $66,655.34. A partial payment was made to the Contractor
for $50,000. The Administration is seeking the City Commission to approve the amendment and
authorize retroactively the $50,000 payment together with the additional $16,655.34 to make the
Contractor whole. The total amount of the disposal for Waste Management Inc., of Florida for
Hurricane Irma generated debris is $466,655.34.
CONCLUSION
554
The Administration recommends that the City Commission approve the resolution.
Amount 1 $66,655.34 Account 1 435-0430-000343-29-421-511'00-00-00-
Legislative Tracking
Public Works
ATTACHMENTS:
Description
D Draft Resolution to be replace bwith Form Approved.
m
MOU
o Amendment to MOU
MEMORANDUM OF UNDER .,ITANDING
FOR DISPOSAL OF HURRICANE DEB RrS
This Mom oran du in of Understanding is dated this 25th day of September 2017, by and between. WASTE
MANAGEMENT INC, 01? FLORIDA (4VM117"), ci Florida corpus and City of Miami Beach, a
m union ipal corporation of the State of Florida. ("City"),
WHEREAS, City, has been Impacted by Hurricane Irma and dCsires that WM:111 provide disposal
services for debris gon °rated by tho saBle; and
WHEREAS, 'WlvIIF desires to provide disposal services for such Hurtioane :CUM Generated
Debris; mid
WHEREAS, tho .partios desire to memorialize their agreement aS. 80t fOrtb. Jiroin
NOW, 'IliEREFORE, in consideration of the premises and tbr :other good and valuable
consideration, the :receipt and au fikiency of which k hereby ao know-lodged, .tho parties agreo f1.8 f0110Wl:
1.. .DRIMLART,11,,11..0pQBA,L,EACALIII City 8h all cid i1/01 or cause to bo delivered during normal
business hours "I lutrioano Irma 0ootnted Vegetati VC" composed of clean vegetative waste that
has boon chipped or mulched to \WO's facility at Waste Management Monarch 11111 I3norgy Park, 2700
Wiles Road, Pompano Beach, FL 33073; "Hurricane Irma Generated Debris—Mixed" composed of
vegetative material :mixed with construction and demolition debris (C&D) andter CiassIll solid waste to
ake,o do bee 1.4nd:fill, 108 00 NE 128ffi Avenue, Okeechobee„ :FL 34,972,
Hurricane Irma .Cionerated Debris Vegetative and Hurricane Irma Generated Debris Mixed may not
contain Clono 1 putresuible solid waste nor tiny regulated quantity of medical, lwardous or spec
An debris delivered to o• .WMIF &ally shall bo in compliance With app heal* law and the &unity's
permits, WMIF may reject any delivery or portion thereof or revoke accept:Imo of 'any delivery that it
reasonably .determines not to be Hurricane Irma 'Generated Debris—Arcotative, Hurricane Irma
Generated Debris — Mixed or that lo ad; in compliance with applicable law or the WWI? facility's
permits. City shall prOiTipily Ye:move and properly dispose of sad rejected material at CIty's expense. In
the event let City fails to do €10 promptly, WiVIIF may undertake same and City .shali pay all expenses,
overhead and costs incurred by WMIF in doing so,
2, jc",,,c,"„),NITE1:32al City shall pay WMIF the following rate for disposal (yr Elitvricano Irma
Oeuerated Debris':
Hurricane Inn a Generated Debris — Vegetative delivered to Monarch I. :ill', $10,00 per cubic- yard an
11.10Mind by the capacity of the delivery vehicle,
Hurricane Irma, Genorated Debris Mixed delivered to Okeechobee Landfill: $35 per too an measured by
the orlon at Okeechobee Landfill,
C,o,tripensation t o ,WM-IF is nol•subject to franchise fees, aural:largos or other charges imposed by tho City
ptimuivut to any .gabago reoyuling .collection .agreement or otherwise,.
City ±hrdi pay WW1? pursuant' to tiTo toms sot Nth IR:Exhibit A. annexed hereto,
3, INPRMKria. To the extent _specified herein mob of WMIF and City shall indemnify
and held harmless the other and it affiliates, officers, director officials and employee% from and against
illOhIdili8, With011t Iimitatiwi, tow relating to the onvirom oat, expenses anoluding but not
limited to reasonable attorneys' fees and expenses of investigation and litigation), claims, damages, fines
557
and penalties which any person or entity may at any time suffer or sustain or become liable for by reason
of the delivery of any material that fails to conform to the definition of Hurritane Irma 'Generated I)ebris,
including, without limitation, violations of _applicable laws and rules, contamination or impacts on the
environment that violate applicable- law, rules, directives, orders or permits, property damage, injuries
resulting in death or injury to persons and property, or to any persons in any manner caused by or
resulting -from the 'negligent acts, omissions _or willful niisconduct of the subject party, its clesignee„
-contractors Or any employees or agents of such entities, In view of City's sovereign iturtunity as e public
entity ar the State of Florida, City's indemnification obligations herein shall be solely to .the extent and
limits sot forth in SOotiOn 768.28 date 'Florida Statutes, and the limitations therein, and without .waiver of
any rights or defenses,
4. "113M, The term. of-this Memorandum of Understanding shall commence on September
27, 2017 and continue until November 30, 20l
6. atjUNMQ,Nt, OLDANALUS WWI? may suspend deliveries to its facilities due to
operational or other concerns. 'WlYilF Nv ill provide 24 hours advance notice of such suspension and an
estimate of the duration of same, Shtpinonts of Hurricane Irma Generated. Debris in transit at tho time of
sitsponsion will be •ae cepted despite the suspension provided that same are not rejected pursuant to
Section 1. abave,
WH'NESS WHEREOF, this Niamoranclum of Understanding is .oxioeittect by the atithorizod
roprosontatives of the parties the day and year first above written,
Attest WASTE .MANAGEMENT 1NC. OF FLORIDA
Attest V errY
Iva
EXHIBIT A
PAYMENT TERMS
WAIF shall tender City a statement of the oonipOnsation due Milli? 00 0 weekly basis, City shall pay the
statement biweekly, ft Is understood thal: City's failure to reooivo monies from RNA or other agencies
Anil not abrogate City' g obligation to pay WMIF ihr servieea rondo horoundor. City shall pay such
invoice within thirty (30) days, City ati' pay interest on the unpaid balance at a rate al 1 14% per month
not to exceed the highest lawful rate. :Failure deity to make timely payment (within thirty (30) days of
invoice) shall permit WMJf to suspend acooptanoe of material fram City aildiOr terminate this
Memorand.urn of Understanding, in addition to all other rights and remedies WMlF may have at law or in
equity,
558
2
AMENDMENT To mgivwRANDUNI OP UNDERS'I'ANDING
0OR DISPOSAL OP HURRICANE IRMA DEBRIS
This Amendment to Memorandum of Understoding is dated this day of ,Decetnber 2017, by and
between WASTE MANAGEMENT INC, 00 FLORIDA ("-WM10"), a Florida corporation, and City of
fleaph, municuipal corporation of the State of Florida ("Cit,y").
. 'WHEREAS, City and WM1F are parties to that; pertain Memorandum of Understanding for
Disposal of Hurricane Irma Debris dated September 25, 2017 the "MOU"); and
WHEREAS, the parties desire to modify the MOU 10 provide disposal Hurricane Irma Generated
Debris -,Mixed at Monarch Hill Energy Park and to extend the term; and
WHEREAS, the parties desire to memorialize their agreement as set forth heroin,
NOW, THEREFORE, in consideration of thee promises and for other good and valuable
consideration, the reeeipt and starioionoy of which is hereby acknowledged, the parties agree as follows:
1. DM.1.3:113 Ala DISPQA1,1■APLITY, Section 1 oftho MOU is Modified to allow the City to
deliver or cause to bo delivered during normal business hoursTfarric,iine Irma Generated Debris - Mixed
ID WM10'8 theility at Waste Management Monarch HIll Enorgy Park, 2700 Wiles Road, Pompano Beach,
FL 33073, All restrictions and provisions of Section of the MOU apply-to Hurricane Irma Generated
Debris - Mixed,
2. QMPENSATIQN. lentlori 2 of the MOU is modified to require the CitylD pay WN11.0 the
following rate for disposal of Hurricane Irma Generated Debris — Mixed at Monarch Hill Energy Park;
$541,00 per ton. Compensation to WAIF is not sOject to franchise fees,' surcharges or other charges
imposed by the City pursuant to any garbage or recycling collection agreement or otherwise,
3, ymm, s (idol). 4 °Mc MOU is modified to extend the term through January 3 I., 2018,
4. AD OTHER cli,A,Ng111. Except as modified herein, all provisions of the MOU remain in fuJi
force, and oftVot,
IN wramss WHEREOF, ttil Amendment Memorandum of Understanding is executed by to
authorized roprosontatim .of the :parties the day vain year first above, written.
Atlost yAS'. 9,GEMENVENc, OF FLORIDA
Attest cm MIAMI BE
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