Second Amendment to the Agreement with Progressive Waste Solutions of FL, Inc. 2C1Iro - 293fo
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 JvtE , 2016, 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"RFP"); 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 (1) 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:
• Two,one-year extensions of time;
• Zero cost increase in year one(September 1,2016-August 31,2017)
• Pass through of any incurred Miami-Dade County tipping cost increase in the second year
(September 1, 2017—August 31,2018);
• Bulk waste pickup will be increased from four (4) to five (5) times, per year, with a more
responsive turnaround time [from five(5)business days to three(3)business days];
• 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);"
• Contractor shall create a textile drop off program for City residents; and
• Distribution of a mailer,twice, per year,detailing waste/recycling/green tips and newsletter; and
• 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 four(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,at the second full paragraph, is hereby modified as follows:
"Notwithstanding the preceding paragraph, Contractor shall collect Bulk Waste a maximum of
four(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. Section 10 of the original Agreement is hereby modified as follows:
Section 10.11 entitled "Adjustments: is STRICKEN in its entirety. The following language shall
be added to section 10.11
The Contractor shall not be entitled to any adjustment in fees upon the City's acceptance of the
second annual renewal year option(September 1, 2016-August 31,2017), as provided for under
4.2 of the Agreement. The Contractor shall solely be entitled to a pass-through adjustment of fees
due to any increase in permitting or "tipping" by Miami-Dade County, Department of
Stricken words are deleted from the underlying text. Underlined words are added to the underlying text.
Page 2 of 5
Environmental Resource Management, of any incurred Miami-Dade County tipping cost increase
in final,annual, renewal year option(September 1,2017—August 31,2018).
5. Section 11, of the June 9, 2010 Agreement, entitled "Other Services" is hereby modified as
follows:
Section 11.2 Promotional Material: Within sixty days 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 City residents
detailing waste/recycling/green tips and providing a general newsletter relating to sustainability,
recycling,going"green", and other issue relating to solid waste.
11.6 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 resiliency and sustainability 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 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)."
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 City's current facility that is permitted for green waste. If
it is not possible for Contractor to secure the proper permits Contractor will work together with
the City, in good faith,to come up with a suitable alternative site for collection.
11.8 Contractor shall create a textile drop off program for City residents. The Contractor will
work with the City (or vice versa) to secure the proper permits in order to be able to take the
textile drop-offs at the City's current facility that is permitted for green waste. If it is not possible
for Contractor to secure the proper permits, Contractor will work together with the City, 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.
Page 3 of 5
(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,Fl 1 rid.' Progressi e Waste Solutions of FL,Inc.
AL
By By: t_ ,c li
Mayor 1 President(or Authorized Ofc al)
Philip Levi Print name:
r i� osV
Attest: /
City lerk,Raphael Granado Corpora e Sec e a
Print name: uri,t,LA .A4 ►.
I `f day of V O K , 2016 a 'day of ,2016
y.vam 11'1'1
4.
O
APPROVED AS TO o : ,-.-=-2----4.-----,.. d
FORM&LANGUAGE . INCORP•ORATED:
&FOR EXECU 1:•
�, . ..-
411110111,,i Attorney D , ant � ��—' 2
Page 4 of 5
NEW EXHIBIT E
Page 5 of 5
Exhibit "E"
Thinking Beyond Today
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. In 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.
Recycling and Materials Recovery
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 Energy
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,
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. In 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 Initiatives
• North American Initiatives and Resources
— Commitment to 70%of new vehicles purchased will be CNG
— Material Recovery Facilities
• Own or operate 50 dedicated Material Recovery Facilities
• In 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—Initiatives and Resources
— JED Solid Waste Disposal Facility
• Auto shred residual recycling
• Liquid solidification
• Tire shredding and recycling
• Concrete processing and recycling
• Leachate recirculation
• Landfill gas to energy
• Miami-Dade& Broward Counties—Initiatives 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 132,000 tons of recyclable material processed locally
f
Exhibit "E"
• Progressive Waste Companywide Statistics
• We divert The paper we We process more. ..!;
• more than process than
1.2 million a represents 1.5 million
• tons of material t ncurl • automotive tires
from landfills 110.8 mill Il i o ill each year for
each year. beneficial reuse.
Il .
5 We generate We produce . 1
enough more energy : 1
landfill gas- electricity to than
to-electricity power contained in
plants. more than 200,000
30,000 homes. hai-refs 01 ()iI. .
f,: i
" onai 7,000+
.
ire ci e recycling employees in
iviuniuipiiI facilities. the U.S. and
Solid W,istc 2 are single- Canada.
I .aniliill .
stream.
.i
In 2013, inure in 2011, we
More than , th,in 3% of•ou r Oper 4d our first
4 million 000 `.L hiele, plant=fo upgrade
i \\ere po\\cred landfill gas to ,;
customers. h\ CNQ_D. natural gas
pipeline quality,
i
ii ; .
RESOLUTION NO. 2016-29367
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA 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, INC.; WHICH SECOND AMENDMENT
AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1, AND IS
SCHEDULED TO COMMENCE ON SEPTEMBER 1, 2016; AND
FURTHER TERMINATING THE PENDING SOLICITATION UNDER
RFP NO.: 2015-258-WG.
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"RFP"); 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; 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 (1) 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:
• Two, one-year extensions of time;
• Zero cost increase in year one (September 1, 2016 -August 31, 2017)
• Pass through of any incurred Miami-Dade County tipping cost increase in the
second year(September 1, 2017—August 31, 2018);
• Bulk waste pickup will be increased from four(4)to five (5)times, per year, with a
more responsive turnaround time [from five (5) business days to three (3)
business days];
• Creation of an electronic waste recycling program;
• Distribution of a mailer, twice, per year, detailing waste/recycling/green tips and
newsletter; and
• 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, 2015; and
WHEREAS, should the City hereby approve the recommended Second
Amendment, the Administration further recommends that the City Commission terminate
the current solicitation pending under RFP No.: 2015-258-WG.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the
City Commission hereby approve and authorize the Mayor and City Clerk to execute a
Second Amendment to the Residential Solid Waste Agreement ("Second Amendment")
with Progressive Waste Solutions of FL, Inc.; which Second Amendment Agreement is
attached hereto as Exhibit 1, and is scheduled to commence on September 1, 2016; and
further terminating the pending solicitation under RFP No.: 2015-258-WG.
PASSED AND ADOPTED this 13 day of Apr I l , 2016.
ATTEST: f '
Z J l�'' ,��►, np++++ Philip Lev e, �::yo
Rafael Granado, City Cl :. �P B .+++,,
INS APPROVED AS TO
DRP ORq TED! * $ FORM &LANGUAGE
&F R iXECUTION •
rY 26Th: City Attorney Date
•
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida Authorizing And Directing The
City Manager And City Clerk To Execute A Second Amendment Residential Solid Waste Agreement ("Second
Amendment") With Progressive Waste Solutions Of FL, Inc., Which Second Amendment Agreement Is Attached
Hereto As Exhibit 1,And Is Scheduled To Commence On September 1,2016.
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability.
Supporting Data(Surveys, Environmental Scan,etc.): N/A
Item Summary/Recommendation:
On October 14, 2009, the City issued 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".At its regular
meeting on February 3,2010,the Mayor and City Commission authorized the Administration to negotiate with the two
(2)top-ranked proposers pursuant to the RFP.Resolution No.2010-27421 was adopted on June 9,2010,authorizing
an Agreement between the City of Miami Beach and Choice Environmental Services(Choice),for a five year term
expiring on August 31,2015. It also provided the City with the option to renewal for up to three,additional one-year
terms.
On April 10, 2014, the City Commission authorized a First Amendment to the Agreement,consenting to the name
change of the contractor from Choice to Progressive Waste Solutions of FL, Inc., with all other material terms
remaining unaltered. Upon the expiration of the initial term of the underlying Agreement,the City Commission,on July
8, 2015, approved a one year extension, and simultaneously directed the Administration to prepare a Request for
Proposals(RFP)to go out for bid for future residential disposal and waste services. On September 2,2015,adhering
to the direction of the City Commission, the Administration presented, and the City Commission approved, the
issuance of RFP 2015-258-WG for Collection and Disposal of Residential Solid Waste Yard Trash,Bulk Waste,and
• Operation of the City's Green Waste Facility. Thereafter,on February 10,2016,the City Commission provided further
direction to the Administration to(1)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. The RFP opening date
remains pending. The Administration has met with and 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.
ANALYSIS
Attached hereto is a copy of Progressive's proposal. In summary, the parties have negotiated, and Progressive
proposes the following:
• Two,one-year extensions of time;
• Zero cost increase in year one(September 1,2016-August 31,2017)
• Pass through of any incurred Miami-Dade County tipping cost increase in the second year(September 1,2017—
August 31,2018);
• Bulk waste pickup will be increased from four(4)to five(5)times,per year,with a more responsive turnaround time
[from five(5)business days to three(3)business days];
• Administration of a textile drop off program;
• Creation of an electronic waste recycling program;
• Distribution of a mailer,twice, per year,detailing waste/recycling/green tips and newsletter;and
• Inclusion of a corporate commitment to a greener operation and sustainability model.
The Administration believes that the proposal represents the continuation of a very competitive pricing structure while
providing service enhancements which meet the current desires of the City. As the above negotiations would modify
the terms of the underlying agreement, and as the underlying agreement provides for two, additional, one-year
extensions,the Administration recommends modifying the Agreement with a contract amendment to reflect the above
terms.
THE ADMINISTRATION RECOMMENDS APPROVING 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.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount
•
Account
Funds: . 1 $2,437,000 435-0430-000334—FY16 adopted budget
OBPI Total
Financial Impact Summary: Current FY expenditures are estimated at the approved budgeted amount of
$2,437,000. Future expenditures will be based on approved budgeted amounts.
City Clerk's Office Legislative Tracking:
Jay Fink,Asst. Director Public Works,ext.6319
Sign-Offs:
Department Director Assistant City Manager City Ma ager
•
JJF ETC JLM
T:\AGENDA\2016\April\Public Works\Progressive-summary.docx
MIAMIBEACH Agenda Item Rr12
Date Li-13-it,
® MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member.1 of the Cit/Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 13, 2016
SUBJECT: A RESOLUTION OF THE M YOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A SECOND AMENDMENT
RESIDENTIAL SOLID WASTE AGREEMENT ("SECOND AMENDMENT")
WITH PROGRESSIVE WASTE SOLUTIONS OF FL, INC., WHICH SECOND
AMENDMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1, AND
IS SCHEDULED TO COMMENCE ON SEPTEMBER 1, 2016.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUNDING
$2,437,000 435-0430-000334—FY16 adopted budget
Current FY expenditures are estimated at the approved budgeted amount of$2,437,000. Future
expenditures will be based on approved budgeted amounts.
BACKGROUND
On October 14, 2009, the City issued 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". At its regular meeting on February 3, 2010, the Mayor and City
• Commission authorized the Administration to negotiate with the two (2) top-ranked proposers
pursuant to the RFP. Resolution No. 2010-27421 was adopted on June 9, 2010, authorizing an
Agreement between the City of Miami Beach and Choice Environmental Services (Choice), for a
five year term expiring on August 31, 2015. It also provided the City with the option to renewal
for up to three, additional one-year terms.
On April 10, 2014, the City Commission authorized a First Amendment to the Agreement,
consenting to the name change of the contractor from Choice to Progressive Waste Solutions of
FL, Inc., with all other material terms remaining unaltered.
Upon the expiration of the initial term of the underlying Agreement, the City Commission, on
July 8, 2015, approved a one year extension, and simultaneously directed the Administration to
prepare a Request for Proposals (RFP)to go out for bid for future residential disposal and waste
services. On September 2, 2015, adhering to the direction of the City Commission, the
Administration presented, and the City Commission approved, the issuance of RFP 2015-258-
Commission Memorandum—Progressive
Page 2 of 2
WG for collection and disposal of residential solid waste yard trash, bulk waste, and operation of
the city's green waste facility. Thereafter, on February 10, 2016, the City Commission provided
further direction to the Administration to (1) 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. The RFP opening date remains pending, and those that are
interested in submitting a proposal to the City await an"opening date"
The Administration has met with and 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.
ANALYSIS
Based upon the February 10, 2016 action of the City Commission, the Administration began
negotiations with Progressive. Attached hereto is a copy of Progressive's proposal. In
summary, the parties have negotiated, and Progressive proposes the following:
• Two, one-year extensions of time;
• Zero cost increase in year one (September 1, 2016 -August 31, 2017)
• Pass through of any incurred Miami-Dade County tipping cost increase in the
second year(September 1, 2017-August 31, 2018);
• Bulk waste pickup will be increased from four(4)to five (5)times, per year, with a
more responsive turnaround time [from five (5) business days to three (3)
business days];
• Administration of a textile drop off program;
• Creation of an electronic waste recycling program;
• Distribution of a mailer, twice, per year, detailing waste/recycling/green tips and
newsletter; and
• Inclusion of a corporate commitment to a greener operation and a sustainability
model.
The Administration believes that the proposal represents the continuation of a very competitive
pricing structure while providing service enhancements which meet the current desires of the
City. As the above negotiations would modify the terms of the underlying agreement, and as
the underlying agreement provides for two, additional, one-year extensions, the Administration
recommends modifying the Agreement with a contract amendment to reflect the above terms.
CONCLUSION
The Administration recommends approving 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.
Following approval of the Second Amendment to the Agreement with Progressive, the
Administration will withdraw RFP 2015-258-WG, seeking proposals for collection and disposal
of residential waste, yard trash, bulk waste and the operation of the City's green waste facility.
JLM/r
Exhibit—1
' ', 3840 NW 37th Court
` Miami,FL 33142
ProgrProgressive . T:305 638 3800
essive F.305 694 7207
Waste Solutions . . www.progressivewaste.com
•
•
•
March 23,2016 . •
•
VIA E-MAIL
Mr.Alberto Zamora
Public Works Department,• • . •
Sanitation Division .` •
140 MacArthur Causeway,.2nd Floor
Miami Beach, FL 33139 •
•
Re:Service Agreement for Collection and Disposal or Residential Solid
Waste,Yard Trash, Bulk Waste and Operation of the City's Green Waste
Facility(the"Agreement")with Progressive Waste Solutions of FL,Inc.
("Progressive")
Dear Al: •
In response to the direction of the City Commission on February 10,2016 and the
meeting we had with representatives of the City of Miami Beach (the "City"), Progressive
presents the following proposed revisions to the Agreement in .exchange for the City
exercising the two (2) remaining, one (1) year extensions of the Agreement (the New
Extension"):
•
1) Progressive offers to forgo any CPI increases which may have been authorized under
Section 15.1 of the.Agreement during the New Extension, however, in the second year
Progressive may pass through;without markup,any cost increases imposed by Miami-Dade
County..
2) Progressive offers a 25% increase in the bulk service pick up by amending Agreement
Section 9.2 to provide five"(5) time a year, on demand, bulk pick up during the New
Extension.
3) Progressive offers amend Section 9.3 of the.Agreement to decrease the maximum time to . .
pick up bulk items by 33% to three (3) business days from the date of receipt of an
appointment request.
4) Progressive 'offers to'administer, as part of its operation of the Green Waste Facility
• under Section 10 of the Agreement,a textile drop-off program by a City engaged provider.
5) Progressive offers. to engage a "certified" E-Waste recycling partner with proper
, disposal and dismantling policies to place a drop-off collection point at the City's Green
•
•
•
A 3840 NW 371"Court
c Miami;FL 33142
• ' • '
Progressive T:305 638.3800
F:305.694 7207
Waste Solutions www.progressivewaste.com
Waste Facility for residents' computers, monitors, printers, televisions and other small
electronics. ..' .
6) Progressive offers to amend Section 11 of the Agreement and,.will design and mail a City
- - approved solid waste/recycling/green; tips newsletter to the,. residential franchise
customers two (2) times•per year for each extension•year. .
7) ,Progressive-proposes to replace the current Exhibit "E'' of the Agreement with the
• attached new Exhibit ."E" which is more reflective of Progressive's commitment to a
- • corporate wide greener operation'and our sustainability model.. - .
- I hope these.meet With your-approval-and that you,and the City administration
' recommend adopting the same to the City Commission. Should you have any questions or
comments or need•any additional information, please feel free to:give.me a call. I look
forward to hearing from you soon.
Respectfully submitted,
•
Bret Boccabella ..
District Manager r .
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I