C7I-Approve Assignment Of Service Agreement Collection And Disposal Of Solid WasCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving An
Assignment Of The Service Agreement, Dated June 9, 2010, For Collection And Disposal Of Residential
Solid Waste, Yard Trash, Bulk Waste, And Operation Of The City's Green Waste Facility, From Choice
Environmental Services, Inc. (As The Successor, Via Merger, To Choice Environmental Services Of
Miami, Inc.), As Assignor, To Progressive Waste Solutions Of Fl, Inc. (Progressive), As Assignee; And
Also Acknowledging A Change Of Name, Under The Non-Exclusive Franchise Agreement For Residential
And Commercial Solid Waste Collections And Disposal And The Service Agreement For Additional Solid
Waste Collection Services And Collection Of Recycling Materials At City-Owned Properties, Parks, Rights
Of Ways, And Other Public Facilities And Property(ies), From Waste Services Of Florida, Inc., To
Progressive Waste Solutions Of Fl, Inc.; Which Change Of Name Took Place On August 16, 2013, And
Which Does Not Require Approval And/Or Other Action Of The City Commission.
Ke Intended Outcome Su orted:
N/A
Item Summary/Recommendation:
At its regular meeting on June 9, 2010, the Mayor and City Commission approved and authorized the
Mayor and City Clerk to execute a Service Agreement with Choice Environmental Services, pursuant to
Request for Proposals (RFP) No. 60-08/09, for the Collection and Disposal of Residential Solid Waste,
Yard Trash and Bulk Waste, and Operation of the City's Green Waste Facility; said Contract having an
initial term of five ( 5) years, commencing on September 1, 2010, and ending on August 31, 2015, with
three (3) one-year renewal options, upon the same terms and conditions, at the City's sole discretion.
In correspondence dated October 17, 2013, Progressive notified the City of the merger of certain entities
and the name change of the surviving entity in accordance with Section 35 of the Service Agreement.
They further stated that "nothing else has structurally or operationally changed, as these mergers and the
name chance are part of a streamlining of the company's corporate structure and new, company-wide
rebranding effort".
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds:
OBPI
Financial Impact Summary: NIA
City Clerk's Office Legislative Tracking:
Sign-Offs: Department
irector
ETC
T:'AGENDA\2014\February\Solid Waste-Memo.docx
MIAMI BEACH
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351
Account
AGENDA ITEM __ CJ_7_I..,....,,....~
DATE ;~t;.-f q
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of he City Co~is.~ion _
Jimmy L. Morales, City Manager ~
February 12, 2014
A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE SERVICE AGREEMENT,
DATED JUNE 9, 2010, FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID
WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S GREEN
WASTE FACILITY, FROM CHOICE ENVIRONMENTAL SERVICES, INC. {AS THE
SUCCESSOR, VIA MERGER, TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI,
INC.), AS ASSIGNOR, TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
(PROGRESSIVE), AS ASSIGNEE; AND ALSO ACKNOWLEDGING A CHANGE OF
NAME, UNDER THE NON-EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL
AND COMMERCIAL SOLID WASTE COLLECTIONS AND DISPOSAL AND THE
SERVICE AGREEMENT FOR ADDITIONAL SOLID WASTE COLLECTION SERVICES
AND COLLECTION OF RECYCLING MATERIALS AT CITY-OWNED PROPERTIES,
PARKS, RIGHTS OF WAYS, AND OTHER PUBLIC FACILITIES AND PROPERTY(IES),
FROM WASTE SERVICES OF FLORIDA, INC., TO PROGRESSIVE WASTE
SOLUTIONS OF FL, INC.; WHICH CHANGE OF NAME TOOK PLACE ON AUGUST 16,
2013, AND WHICH DOES NOT REQUIRE APPROVAL AND/OR OTHER ACTION OF
THE CITY COMMISSION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Provide continuous solid waste collection services and collection of recycling materials at city-owned
properties, parks, rights of ways, and other public facilities and property(ies),
BACKGROUND
At its regular meeting on June 9, 2010, the Mayor and City Commission approved and authorized
the Mayor and City Clerk to execute a Service Agreement with Choice Environmental Services,
pursuant to Request for Proposals (RFP) No. 60-08/09, for the Collection and Disposal of
Residential Solid Waste, Yard Trash and Bulk Waste, and Operation of the City's Green Waste
Facility; said Contract having an initial term of five (5) years, commencing on September 1, 2010,
and ending on August 31, 2015, with three (3) one-year renewal options, upon the same terms and
conditions, at the City's sole discretion.
352
Commission Memorandum
Solid Waste Residential Agreement
February 12, 2014
Page 12
In correspondence dated October 17, 2013, Progressive notified the City of the merger of certain
entities and the name change of the surviving entity in accordance with Section 35 of the Service
Agreement. They further stated that "nothing else has structurally or operationally changed, as
these mergers and the name chance are part of a streamlinlng of the company's corporate structure
and new, company-wide rebrandlng effort". The proposed consent to assignment of the agreement
is attached and has been form approved by the City Attorney's office.
CONCLUSION
The Administration recommends that the Mayor and City Commission, adopt the attached
Resolution, authorizing the assignment of the service contract pursuant to Request for Proposals
(RFP} No. 60-08/09, for the Collection and Disposal of Residential Solid Waste, Yard Trash, and
Bulk Waste, and Operation of the City's Green Waste Facility; said Agreement as amended, having
an initial term of five (5) years, commencing on September 1, 2010, and ending on August 31, 2015,
with three (3) one-year renewal options, upon the same terms and conditions, at the City's sole
discretion.
Attachment: Consent To Assignment of Agreement
JLM/MT/lf/d/JJF
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353
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE
SERVICE AGREEMENT, DATED JUNE 9, 2010, FOR COLLECTION AND
DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE,
AND OPERATION OF THE CITY'S GREEN WASTE FACILITY, FROM
CHOICE ENVIRONMENTAL SERVICES, INC. (AS THE SUCCESSOR, VIA
MERGER, TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.), AS
ASSIGNOR, TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
(PROGRESSIVE), AS ASSIGNEE; AND ALSO ACKNOWLEDGING A
CHANGE OF NAME, UNDER BOTH THE NON-EXCLUSIVE FRANCHISE
AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE
COLLECTIONS AND DISPOSAL, AND THE SERVICE AGREEMENT FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES AND COLLECTION
OF RECYCLING MATERIALS AT CITY-OWNED PROPERTIES, PARKS,
RIGHTS OF WAYS, AND OTHER PUBLIC FACILITIES AND
PROPERTY(IES}, FROM WASTE SERVICES OF FLORIDA, INC., TO
PROGRESSIVE WASTE SOLUTIONS OF FL, INC.; WHICH CHANGE OF
NAME TOOK PLACE ON AUGUST 16, 2013, AND WHICH DOES NOT
REQUIRE APPROVAL AND/OR OTHER ACTION OF THE CITY
COMMISSION.
WHEREAS, on June 9, 2010, pursuant to Resolution No. 2010-27421, the City entered
into an agreement with Choice Environmental Services of Miami, Inc., for the collection and
disposal of residential solid waste, yard trash, bulk waste, and operation of the City's green
waste facility (Agreement); and
WHEREAS 1 Choice Environmental Services, Inc. (hereinafter, "Choice") is the
successor, via merge, to Choice Environmental Services of Miami, Inc.; and
WHEREAS, on November 16, 2012, Waste Services of Florida, Inc. purchased Choice;
and
WHEREAS, on June 4, 2013, Waste Services of Florida, Inc. changed its name to
Progressive Waste Solutions of FL, Inc. (Progressive); and
WHEREAS, on September 9, 2013, Choice was merged into Progressive, with
Progressive being the surviving entity; and
WHEREAS, pursuant to the Agreement, the aforestated merger is treated as an
assignment of the Agreement and therefore requires the consent of the Mayor and City
Commission; and
354
WHEREAS, Progressive has represented to the City that the merger of Choice into
Progressive has not resulted in a structural or operational change, and that the merger (and
the name change) are part of a streamlining of the company's corporate structure and a new,
company-wide rebranding effort; and
WHEREAS, based upon the above representation, the City Administration recommends
that the City approve the proposed assignment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission
hereby approve an assignment of the Service Agreement, dated June 9, 2010, for Collection
and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of the City's
Green Waste Facility, from Choice Environmental Services, Inc. (as the successor, via
merger, to Choice Environmental Services Of Miami, Inc.), as assignor, to Progressive Waste
Solutions of FL, Inc. (Progressive), as Assignee; and also acknowledge a change of name,
both under the non-exclusive Franchise Agreement for residential and commercial solid waste
collections and disposal, and the Service Agreement for Additional Solid Waste Collection
Services, and Collection of Recycling Materials at City-Owned Properties, Parks, Rights of
Ways, And Other Public Facilities and Property(ies), from Waste Services of Florida, Inc., to
Progressive; which change of name took place on August 16, 2013, and which does not
require approval and/or other action of the City Commission.
PASSED AND ADOPTED this 12tti day of February, 2014.
ATIEST:
Rafael Granado, City Clerk
T:'AGENDA\2014\February\Solid Waste. RESo.docx
355
Mayor Philip Levine, Mayor
APPROVED AS TO
RM & LANGUAGE
& 011 CUTION
CONSENT TO ASSIGNMENT
AND FIRST AMENDMENT
TO THE SERVICE AGREEMENT, DATED JUNE 9, 2010 (THE AGREEMENT), FOR
COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH,
BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY, FROM
CHOICE ENVIRONMENTAL SERVICES, INC. (AS THE SUCCESSOR, VIA
MERGER,TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.), AS
ASSIGNOR, TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC. (PROGRESSIVE),
AS ASSIGNEE.
This Consent to Assignment and First Amendment to Agreement is entered into
this day of , 2014 ("Effective Date"), by and among the
CITY OF MIAMI BEACH (the "City"), a Florida Municipal Corporation, whose address is
1700 Convention Center Drive, Miami Beach, Florida 33139; CHOICE
ENVIRONMENTAL SERVICES OF MIAMI, INC. ("Assignor"), a Florida corporation,
whose address is 3840 N.W. 37t11 Ct., Miami, Fl, 33142, and PROGRESSIVE WASTE
SOLUTIONS OF FL 1 INC. ("Assignee"), a Florida corporation, whose address is also
3840 N.W. 37th Ct., Miami, Fl, 33142.
NOW, THEREFORE, the City, Assignor, and Assignee, for and in consideration
of the mutual covenants, agreements and undertakings herein contained, the receipt
and sufficiency of which are hereby acknowledged, do by these presents mutually
covenant and agree to assign and amend the Agreement, as follows:
1. The City of Miami Beach, Florida hereby consents to the assignment of
the Agreement, from Choice Environmental Services of Miami, Inc. (also
referred to as the Assignor), to Progressive Waste Solutions of FL, Inc.
(also referred to as Assignee). Assignor and Assignee hereby
acknowledge and agree to said assignment, and Assignee further agrees
to be bound by the terms and conditions of the Agreement, as amended
by this Consent to Assignment and First Amendment.
2. Assignee shall agree to furnish to the City's Risk Manager, Certificates of
Insurance or endorsements evidencing the insurance coverage specified
in the Agreement.
3. Section 4.15, entitled "Notices", on page 7 of the Agreement, shall be
amended, in part (deleted items stFt::JGk tf:iro1:Jg/=I and inserted items
underlined}, to reflect the new Contractor's contact information as follows:
356
TO CONTRACTOR:
CHOICli iNVIRONMl!NTAb SERVICE!& OF MIAMI, INC.
3840 N.W. 37tti-Gt,.
MiarTli 1=1, aa142,
PROGRESSIVE WASTE SOLUTIONS OF FL. INC.
2860 West State Road 84. Suite 103
Fort Lauderdale, FL 33312
Dean DiValerio
Southeast Region Vice President
Progressive Waste Solutions of FL. Inc.
4. Except as otherwise specifically amended herein, all other terms and
conditions of the Agreement, shall remain in full force and effect. In the
event there is a conflict between the terms provided herein and the
Agreement, the provisions of this Assignment and First Amendment shall
govern.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
2
357
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:
City Clerk
Rafael Granado
FOR CONTRACTOR:
ATTEST:
Secretary
Print Name
ATTEST:
Secretary
Print Name
CITY OF MIAMI BEACH, FLORIDA
Mayor
Philip Levine
ASSIGNOR/
CHOICE ENVIRONMENTAL
SERVICES OF MIAMI, INC.:
/
I
..__ __
3
358
President
Print Name
ASSIGNEE/
PROGRESSIVE WASTE
SOLUTIONS OF FL, INC.:
President
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EX!;.CUTION