Second Amendment to the Agreement Between City of Miami Beach and Progressive Waste Solutions of FL, Inc. 020i6-2936 7
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 1 day of l , 2016, by and between the City of Miami Beach, a municipal
corporation, existing under 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(1 ) 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(1)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 optioniSeptember L2016-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,Florid• tv P��� ����i���ogressive Waste Solutio1s of FL,Inc.
Mayor irr, ORATED: A ' esident(or uthorized O icia)
Philip Levine (rj rint name: $
Attest: F/ 2m
C. Cler , phael Granado Corporate Secretry A •
Print name: (l� 6e417
3d day of ���t , 2016 /7kday of ,2016
APPROVED AS TO
FORM&LANGUAGE
&FOREX t•,.
40.1 70/0
Attorney. Dote
-
Page 4 of 5
NEW EXHIBIT E
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Exhibit "E"
Progressive Waste Companywide Statistics
We divert The paper w. We process more
more than process than
1.2 million represents 1.5 million
• 4- tons of material nearly automotive tires ,
from landfills
10.8 million
each year.
•
tree . :lie.tidal r_u,-,.. ,
5 We ;eneratc We produce
enough more energy.
landfill as-
electricity to than
er ott
to-electricity r
i - P contained in i
plant:. more that. 200,000
1 ,000 hc�tt�i: 3
f1
N iuJti of oil. y
■
30 49
7,C 00+
1 tri.lUitr(ta�;r
active
recielhn employees in
Municipal
ci./Clittk . the I.f.S. and I f
Solid Waste
as e ar-e s i;L! ( 'anada. 'l
Landfills. stream
-
In 2013, niorL i'
In 2011, we i,
More than than 3% of our opened our first i
4 million ;,OOO vehicles plant to upgrade
k1 ere pur\ered landfill gas to j
customers. ,
hr CNC. natural gt,, i
it
pipeline Quality.
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