2015-29069 Reso RESOLUTION NO. 2015-29069
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
MAYOR AND THE CITY COMMISSION TO APPROVE THE FIRST
YEAR RENEWAL OPTION TO THE SERVICE AGREEMENT
BETWEEN THE CITY AND PROGRESSIVE WASTE SOLUTIONS
OF FL, INC., TO COMMENCE ON SEPTEMBER 1, 2015.
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 regular meeting on February 3, 2010, the Mayor and City
Commission authorized the Administration to negotiate with the two (2) top-ranked
proposers, Waste Pro of Florida (Waste Pro) and Choice Environmental Services
(Choice), pursuant to the RFP; and
WHEREAS, at its regular meeting on May 12, 2010, following a motion to reject
a proposed agreement with Waste Pro, the City Commission authorized the
Administration to negotiate with Choice for the same — or better — contract that was
negotiated with Waste Pro; and
WHEREAS, at its June 9, 2010 meeting, the Mayor and City Commission
adopted Resolution No. 2010-27421 to execute the agreement between the City and
Progressive Waste Solutions of FL. Inc.; and
WHEREAS, the Administration request that the Mayor and City Commission
hereby approve the option to exercise the first one year renewal term, which would
commence on September 1, 2015.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the
Mayor and the City Commission to approve the first year renewal option to the service
agreement between the City and Progressive Waste Solutions of Florida, Inc., to
commence on September 1, 2015.
PASSED AND ADOPTED this 8th day of July, 2015.
ATTEST:7-x
=INCORPORATED
Jo,
Dan Gelber, Mayor -
Rafael Granado, City Clerk h,,;,N6
APPROVED AS TO
AUG 2 3 2022 FORM &LANGUAGE
&FOR EXECUTION
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City Attorney ff\-t. Date
C:\Users\ATTOTorGWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\65DOZRXB\2015-29069 Progressive
Waste Solutions Residential Renewal Resolution 2015.doc
: COMMISSION ITEM SUMMARY
Condensed Title: . '
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Authorizing The
Mayor And The City Commission To Approve The First Year Renewal Option To The Service Agreement
Between The City And.Progressive Waste Solutions Of FI, Inc.,To Commence On September 1, 2015.
Key Intended Outcome Supported: • I
Improve cleanliness of Miami Beach rights of way especially in business areas.
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"(the
RFP). 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 passed and adopted on June 9,2010 to execute the Service Agreement between the City
of Miami Beach and Choice Environmental Services with the term of this agreement commencing on
September 1, 2010 and terminate on August 31, 2015 with up to three(3)consecutive one-year renewal
• terms giving Contractor written notice of such renewals at least thirty(30) days prior to the end of the
previous term. ,
On April 10,2014,the consent to merger/assignment and first amendment to the agreement was entered
into by the City of Miami Beach and Progressive Waste Solutions of FL, Inc. On November 16, 2012,
Waste,Services of Florida, Inc., purchased all of the issued and outstanding shares of capital stock of
Choice Environmental Services, Inc.and with its subsidiary,Choice Environmental Services of Miami, Inc.
Thereafter, on May 31, 2013 Waste Services of Florida, Inc., changed its name to Progressive Waste
Solutions of FL, Inc.;further on September 9,2013,Choice Environmental Services, Inc.,was merged into '
Progressive Waste Solutions of FL. Inc.,with Progressive Waste Solutions of FL; Inc., being the surviving
entity.
ANALYSIS
Based upon section 4.2 of the Agreement RFP 60-08/09, provided that the Contractor is not in default
under the Agreement, the City Commission may elect, at its sole option and discretion, to renew the
Agreement, subject to the same (or better) terms and conditions set forth herein for up to three (3)
consecutive one-year renewal terms, by giving Contractor written notice of such renewal at least thirty(30)
days prior to the end of the previous term. At a minimum, any renewal term shall be at the same cost to
the City as the immediately preceding term. On September 1, 2013, and on September 1st of each
subsequent contract year during the Term,the compensation paid by the City to the Contractor pursuant to
this Agreement shall be adjusted, upwards or downwards,as the case may be,according to increases or
decreases in the Consumer Price Index,All Urban Areas(CPI-U),for the 12-month average on which the
adjustment shall take place, with an annual maximum adjustment not to exceed three percent(3%).
• THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION EXERCISE ITS
FIRST ONE (1)YEAR RENEWAL OPTION TO THE AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
Advisory Board Recommendation:
N/A
Financial Information:Source f . , Amount .Account
Funds. -1 , $2,376,000 435-0430-000334 Residential
OBPI Total $2,376,000
Financial act Summary: Current FY 15 expenditures are estimated at the approved budgeted
amount of$2,376,000. Future expenditures will be based upon the approved budget amount in FY 16
City Clerk's Office Legislative Tracking: ,
Alex Denis, ext. 7490
Sign-Offs:
Department;Director-. . illitliiii:Icitif Manager City Manager;_
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0ATE 7..17-I s-
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMM .SION MEMORANDUM
TO: Mayor Phillip Levine and Member of the City iommission
FROM: Jimmy Morales, City Manager
DATE: July 8, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY
COMMISSION TO APPROVE THE FIRST YEAR RENEWAL OPTION TO
THE SERVICE AGREEMENT BETWEEN THE CITY AND PROGRESSIVE
WASTE SOLUTIONS OF FL, INC., TO COMMENCE ON SEPTEMBER 1,
2015.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUNDING
Account Codes:
435-0430-000334- $2,376,000
Current FY expenditures are estimated at the approved budgeted amount of$2,376,000.
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" (the RFP). 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 passed and adopted on June 9, 2010 to execute the Service
Agreement between the City of Miami Beach and Choice Environmental Services with
the term of this agreement commencing on September 1, 2010 and terminate on August
31, 2015 with up to three (3) consecutive one-year renewal terms giving Contractor
written notice of such renewals at least thirty (30) days prior to the end of the previous
term.
On April 10, 2014, the consent to merger/assignment and first amendment to the
agreement was entered into by the City of Miami Beach and Progressive Waste
Solutions of FL, Inc. On November 16, 2012, Waste Services of Florida,inc., purchased
all of the issued and outstanding shares of capital stock of Choice Environmental
Services, Inc. and with its subsidiary, Choice Environmental Services of Miami, Inc.
June 17,2015
Commission Memorandum
Residential Solid Waste Agreement Renewal
Page2of2
. Thereafter, on May 31, 2013 Waste Services of Florida, Inc., changed its name to
Progressive Waste Solutions of FL, Inc.; further on September 9, 2013, Choice
Environmental Services, Inc., was merged into Progressive Waste Solutions of FI, Inc.,
with Progressive Waste Solutions of FL, Inc., being the surviving entity.
ANALYSIS •
' Based upon section 4.2 of the Agreement RFP 60-08/09, provided that the Contractor is
not in default under the Agreement, the City Commission may elect, at its sole option
and discretion, to renew the Agreement, subject to the same (or better) terms and
conditions set forth herein for up to three (3) consecutive one-year renewal terms, by
giving Contractor written notice of such renewals at least thirty (30) days prior to the end
of the previous term. At a minimum, any renewal term shall be at the same cost to the
City as-the immediately preceding term.
i
On September 1, 2013, and on September 1st of each subsequent contract year during
the Term, the compensation paid by the City to the Contractor pursuant to this
Agreement shall be adjusted, upwards or downwards, as the case may be, according to
increases or decreases in the Consumer Price Index, All Urban Areas (CPI-U), for the
. 12-month average on which the adjustment shall take place, with an annual maximum
adjustment not to exceed three percent(3%).
On June 9, 2015 the City's Procurement Department received. Progressive Waste
Solutions Contractor signed concurrence to extend the Agreement.
CONCLUSION
The Administration recommends that the Mayor and City.Commission exercise its first
one (1) year renewal option to the Agreement between the City of Miami Beach and
Progressive Waste Solutions of FL, Inc.
JM/MT/ER/JJF/AZ
T:\AGENDA\2015\July\PUBLIC WORKS\Progressive Waste Solutions Residential Renewal Commission Memo 2015.doc