20140611 SM3MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 3
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 11, 2014
Mayor Philip Levine
Vice-Mayor Micky Steinberg
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VI!, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R2B
R2 - Competitive Bid Reports
A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2013-1785R, For Franchise Waste
Contractors To Provide Residential And CommercialWaste Collections And DisposalServices
(The RFa); Authorizing The Administration To Enter lnto Negotiations For New Franchise
Agreements With The Top Three (3) Ranked Proposers: Waste Management lnc. Of Florida,
Progressive Waste Solutions, And Southern Waste Systems LCC; Also Authorizing The City
Administration To Enter lnto Negotiations With The Top Three Ranked Proposers For A New
Agreement To Provide Additional Solid Waste/Recycling Services At City-Owned Properties
And Other Related Public Benefits To The City Which, At A Minimum, Should Contain The
Same (Or More Favorable) Business Terms Than The Existing Services Agreement, Dated
October 1, 2008; And Further Authorizing The City Manager And City Clerk To Execute The
Franchise Agreements And The Additional Services Agreement Upon Conclusion Of Successful
Negotiations By The Administration, With Such Agreements Having An lnitial Term Of Five
Years, Commencing On October 1,2014, And Running For An lnitial Term Of Five (5) Years
(Commencing On October 1,2014 And Ending On September30,2019).
( Pu blic Works/Procu rement)
(Memorandum & Resolution)
1
Supplemental Agenda, June 1 1,2014
R7 - Resolutions
R7S A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals, Pursuant To Request For Qualifications No.2014-199-SR (The RFQ), For Flooding
Mitigation Consulting Services; Accepting The Determination Of The City Manager, Pursuant To
Section 2-371(h) Of The City Code, And Proceeding With Award Pursuant To The RFQ,
Notwithstanding The Filing Of Any Timely Bid Protests Which May Be Filed, Providing That Such
Award Must Be Made Without Delay, ln Order To Protect A Substantial lnterest Of The City;
Authorizing The Administration To Enter lnto Negotiations With The Top Ranked Proposer, AECOM
Technical Services, lnc; And FurtherAuthorizing The City ManagerTo Execute An Agreement Upon
Conclusion Of Successful Negotiations By The Administration.
( Pu blic Works/Procurement)
(Memorandum & Resolution)
R7U A Resolution Rescinding The PriorAction Taken By The City Commission On June 6,2012, Pursuant
To Resolution No. 2012-27917, Which Accepted The Recommendation Of The City Manager
Pertaining To The Ranking Of Firms, Pursuant To Request For Proposals (RFP) No. 27-11112,For
Disaster Recovery Services And Which Authorized The Administration To Enter lnto Negotiations
With The Top Ranked Firms Of Ceres Environmental Services, lnc., Asbritt, lnc., Tag Grinding
Services, lnc., Byrd Brothers Environmental Services, lnc., D&J Enterprises, lnc., And Phillips And
Jordan, lnc. And To Execute Agreements Upon The Conclusion Of Successful Negotiations By The
Administration With Ashbritt, lnc. As The Primary Firm; And Further Rejecting All Proposals Received
Resulting From RFP No.27-11112.
(Public Works/Procurement)
(Aftachment)
R9 - New Business and Commission Requests
RgR Discussion Regarding Authorizing The Administration To File Applicable Land Use Board Applications
For The Placement Of Shinola Clocks At Various City Locations.
( Req u ested by MayerPhi+ip-tev+ne Com m i ss ion e r J o na h W olfso n )
(Gorrection)
2
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
Qualifications (RFQ) No. 2013-1 78sr, For The Franchise Waste Contractors To Provide Residential And Commercial
Waste Collections And
COMMISSION ITEM SUMMARY
Item Summary/Recommendation :
At the July 13,2011 City Commission Meeting, the City Administration requested approval to issue a Request For
Qualifications for additional franchise waste contractors (the RFQ). RFQ No. 201 3-1 78SR was issued on November 27,
2013, with an opening date of February 7, 2014. A pre-proposal conference to provide information to the proposers
submifting a response was held on December 9, 2013. The City received eight (8) proposals.
As a result of the due diligence performed by the Administration, G7 Holding, lnc (d/b/a Garbgeman) and World Waste
Recycling were deemed non-responsive because they both failed to provide evidence of compliance with City Code
Section 90-229 (a)(3), which states that, pursuant to the minimum requirements for selection of a franchise waste
contractor, an applicant for a franchise must have the potential for a significant amount of business within the City,
comprised of either a minimum of 50 committed accounts within the City, or in the altemative 50 comparable committed
accounts from outside of the City. This requirement was also set forth as a minimum requirement in the RFQ.
As it pertains to the City's evaluation and selection of franchise waste contractors, the term 'tommitted accounts" has
been historically interpreted by the City to mean that, in order to demonstrate compliance with Section 90-229 (a)(3), an
applicant for a franchise must show evidence of at least 50 cunent, active accounts (either within or outside of the City)
for which the applicant is currently providing solid waste collection and disposal services.
On March 14, 2014, the City Manager via Letter to Commission (LTC) No. 084-2014, appointed an Evaluation
Committee (the "Committee") which convened on May 30,2014 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law.
RECOMMENDAT!ON
After reviewing the submissions and the Evaluation Committee's rankings, the City Managerexercised his due diligence
and is recommending that the Mayor and the City Commission enter into negotiations for ftanchise agreements with the
top three (3) ranked proposers: Waste Management lnc. of Florida; Progressive Waste Solutions; and Southem Waste
Systems LCC.
ln addition to executing a franchise agreement with the City, City's cunent solid waste franchises and also parties to a
service agreement with the City which, in addition to their duties under (and the respective terms and conditions of) the
franchise agreement, includes the provision of in kind services, such as servicing public facilities and streets,
hazardous material pickup events, additional fees (based on market share of $390,000), a monetary contribution
($75,000) for educational programs, a contribution for environmental programs (currently $25,000), and one and a half
percent (1 .5%) of gross revenues for green initiatives and other items (the "Additional service agreement").
The City Manager recommends that, in addition to authorizing negotiations with the top three (3) ranked proposers for
franchise agreements that the City Commission further authorize, as a condition of issuance of each franchise, to also
negotiate an additional service agreementwhich, should contain the same (or more favorable) business terms thatthe
cunent agreement.
The Manager further recommends that, if successful in negotiations, the three (3) franchise agreements and additional
service agreements shall commence on October 1,2014.
ADOPT THE RESOLUTION.
Advisory Board Recommendation :
Financial lnformation :
To provide the essential service of solid waste removal to Citv residents and businesses.
Supporting Data (Surveys, Environmental Scan, etc: N/A
Source of
Funds:
Amount Account
1 N/A N/A
2
OBPI Total
Financial lmpact Summary:
1 1 Procurement\RFP-1 78-20 3 Waste Franchise - Summary.doc
AGEITDA mem R4B-
BATE I'ITIY{s MIAMIBTAC,H 3
4 MIAMI BEACH
City of Miomi Beqch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
Mayor Philip Levine and Members the City mtsston
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 2Of 3.178SR, FOR FRANCHISE WASTE
CONTRACTORS TO PROVIDE RESIDENTIAL AND GOMMERGIAL WASTE
GoLLECTTONS AND DTSPOSAL SERVTCES (THE RFQ); AUTHORTZTNd THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS FOR NEW FRANCHISE
AGREEMENTS WITH THE TOP THREE (3) RANKED PROPOSERS: WASTE
MANAGEMENT INC. OF FLORIDA, PROGRESSIVE WASTE SOLUTIONS, AND
SOUTHERN WASTE SYSTEMS LCC; ALSO AUTHORIZING THE CITY
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP THREE
RANKED PROPOSERS FOR A NEW AGREEMENT TO PROVIDE ADDITIONAL
SOLID WASTE/RECYCLING SERVICES AT CITY.OWNED PROPERTIES AND
OTHER RELATED PUBLIC BENEFITS TO THE CITY WHICH, AT A MINIMUM,
sHouLD coNTAtN THE SAME (OR MORE FAVORABLE) BUSTNESS TERMS
THAN THE EXISTING SERVICES AGREEMENT, DATED OCTOBER 1,2008; AND
FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE FRANCHISE AGREEMENTS AND THE ADDITIONAL SERVICES
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION, WITH SUCH AGREEMENTS HAVING AN INITIAL TERM OF
FIVE YEARS, COMMENCING ON OCTOBER 1, 2014, AND RUNNING FOR AN
rNlTlAL TERM OF FIVE (5) YEARS (COMMENCTNG ON OCTOBER 1, 2014, AND
ENDTNG ON SEPTEMBER 30,2019).
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTGOME SUPPORTED
To provide the essential service of solid waste removal to City residents and businesses.
BACKGROUND
The City currently has two (2) franchises for residential and commercial solid waste collection
and disposal with Waste Management of Dade County and Progressive Waste Solutions; both
of which will expire on September 30, 2014. At the July 13, 2011 City Commission Meeting,
the City Administration requested approval to issue a Request For Qualifications for franchise
waste contractors for the City. On October 16, 2013, the City Commission approved the
issuance of Request For Qualifications No. 178-2013SR, as amended (the RFO).
4
Commission Memorandum - RFQ # 178-2013 Waste Franchise
June 1 1,2014
Page2
RFP PROCESS
The RFQ was issued on November 27,2013, with an opening date of February 7,2014. A pre-
proposal conference to provide information to the proposers submitting a response was held
on December 9, 2013. The City received proposals from the following firms:
1. 1-866-Junk-Be-Gone;
2. Ecological Waste Systems;
3. Progressive Waste Solutions;
4. Southern Waste Systems, LLC;
5. Sunshine Recycling Services of SWFL;
6. Waste Management lnc. of Florida;
7. World Waste Recycling; and
8. G7 Holding, lnc. d/b/a Garbageman.
As a result of the due diligence performed by the Administration, G7 Holding, lnc (d/b/a
Garbgeman) and World Waste Recycling wer:e deemed non-responsive because they both
failed to provide evidence of compliance with City Code Section 90-229 (aX3), which states
that, pursuant to the minimum requirements for selection of a franchise waste contractor, an
applicant for a franchise must have the potential for a significant amount of business within the
City, comprised of either a minimum of 50 committed accounts within the City or, in the
alternative, 50 comparable committed accounts from outside of the City. This requirement was
also set forth as a minimum requirement in the RFQ.
As it pertains to the City's evaluation and selection of franchise waste contractors, the term
"committed accounts" has been historically interpreted by the City to mean that, in order to
demonstrate compliance with Section 90-229 (aX3), of the Code, an applicant for a franchise
must show evidence of at least 50 current, active accounts (either within or outside of the
City) for which the applicant is currently providing solid waste collection and disposal services.
On March 14, 2014, the City Manager via Letter to Commission (LTC) No. 084-2014,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
o Jorge Cano, Fleet Division Director, City of Miami Beach;. Daniel Veita, Resident and Leadership Academy Alumni;. Ramon Suarez, Finance Manager, City of Miami Beach;o Rhonda McPherson, Assistant Director, Sanitation Department, City of Miami Beach;
and. John Woodruff, Director, OBPI, City of Miami Beach.
The Committee convened on May 30, 2014, to consider proposals received and interview the
proposers. The Committee was provided an overview of the project; information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law; general information on
the RFQ scope of services; references; and a D&B report for each responsive proposer.
Additionally, the Committee engaged in a question and answer session after the presentation
of each proposer.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFQ, as follows:
5
Commission Memorandum - RFQ # 178-2013 Waste Franchise
June 1 1,2014
Page 3
T<i&l Etoint$ffii EvaluatioE.€:iitdda,nI ffill f&ffi !\,fi.rl|iiiili
25 Proposer Qualifications, including:
Minimum Qualifications
Experience of Firm and Team
Financial Capacity
Other Qualifications pursuant to information submitted in
Aooendix A
50 Scope of Services and Methodology, including:
Scope of Services Proposed
Approach and Methodology
Customer Service Plan
Value-Added Services and Public Benefits
25 Environmental Sustainabilitv (Green) lnitiatives
Local Preference: Procurement staff may assign an additional five (5) points to proposers
which are a Miami Beach-based vendor, as defined in the City's Local Preference Ordinance.
No proposers were eligible for local preference.
Veterans Preference: Procurement staff may assign an additional five (5) points to proposers,
which are a small business concern owned and controlled by a veteran(s) or a service-
disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance.
No proposers were eligible for Veterans preference.
The Committee's final rankings were as follows:
MANAGER'S DUE DILIGENCE & REGOMMENDATION
After reviewing the Evaluation Committee's rankings, the City Manager exercised his due
diligence in his review of the proposals and is recommending that the Mayor and the City
Commission enter into negotiations for new franchise agreements, for an initial term of five (5)
years, commencing on October 1, 2014, with the top three (3) ranked proposers: Waste
Management lnc. of Florida; Progressive Waste Solutions; and Southern Waste Systems LLC.
It should be noted that during the course of his due diligence review, the City Manager was
made aware that Ecological Waste Systems is currently in default of its contract with the City
of Hollywood (as noted in the attached Exhibit "A"). Pursuant to Section 90-229 (aX2) of the
City Code, applicants for franchises (i.e. proposers) are required to provide certification that
the applicant has never defaulted on any government contract or bid award. ln its response to
the RFQ, Ecological Waste Systems did not disclose the aforetasted default to the City;
RFQ# 2013-178 Waste
Franchise
Jorge
Cano
Daniel
Veitia
Ramon
Suarez
Rhonda
McPherson
John
Woodruff LOW
AGGREGATE
TOTALS
Waste Management lnc of
Florida 1 (92\2Q4l 1 (87)1 (1 00)1 (75\(6) 1
Proqressive Waste Solutions 3 (85)1 (96)2 (80)2 @4\1 (7s\(9) 2
Southern Waste Systems
LLC 2 (90)4 (79\2 (80)3 (75)3 (70)fi$3
Ecolooical Waste Svstems 4 (82\3 (85)5 (50)4 (57\5 (40)(2114
Sunshine Recycling
Services of SWFL 5 (80)5 (70)4 /52\5 (36)4 (55)(23) 5
1-866 Junk-Be-Gone 6 (50)6 (40)6 (30)6 (22\6 (15)(30) 6
6
Commission Memorandum - RFQ # 178-2013 Waste Franchise
June 1 1,2014
Page 4
therefore, it does not comply with the minimum qualifications in Code Section 90-229 (a)(2), or
the RFQ.
ln addition to having franchise agreements with the City, the City's current solid waste
franchisees are also parties to a service agreement with the City which (in addition to their
duties under, and the respective terms and conditions of, the franchise agreement) includes
the provision of in-kind services, such as servicing public facilities and streets, hazardous
material pickup events, additional fees (based on market share of $390,000), a monetary
contribution ($75,000) for educational programs, a contribution for environmental programs
(currently $25,000), and one and a half percent (1.5%) of gross revenues for green initiatives
and other items (the "Additional Services Agreement").
The City Manager further recommends that, in addition to authorizing negotiations with the top
three (3) ranked proposers for franchise agreements, that the City Commission further
authorize him, as a condition of issuance of each franchise, to also negotiate a new Additional
Service Agreement with the three (3) recommended proposers which should, at a minimum,
contain the same (or more favorable) business terms that the current service Agreement. Like
the franchise agreements, the term of the Additional Services Agreement is intended to run
concurrent with the franchises, commencing on October 1,2Q14, and ending on September
30,2019.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Qualifications No.2013-178SR for Franchise Waste
Contractors to Provide Residential and Commercial Waste Collection and Disposal services
(the RFQ); authorize the Administration to enter into negotiations for new franchise
agreements with the top three (3) ranked proposers: Waste Management lnc. of Florida,
Progressive Waste Solutions, And Southern Waste Systems Llc; also authorize the City
Manager to enter into negotiations with the top three ranked proposers for a new agreement to
provide additional solid waste recycling services at City-owned properties and other related
public benefits to the City which, at a minimum, should contain the same (or more favorable)
business terms than the existing services agreement, dated October 1, 2008; and further
authorize the City Manager and City Clerk to execute the franchise agreements and the
Additional Services Agreement upon conclusion of successful negotiations by the
Administration, with such agreements to commence on October 1, 2014, and to run for an
initial term of five (5) years (commencing on October 1, 2014 and ending on September 30,
201e).
JLM / Mr t no tfftMe
T:\AGENDA\2O14\June\Juie 11 Procurement\RFP-178-2013 Waste Franchise - Memo.doc
7
CITY of HOLLYSflOOD, FLORIDA
I
Office of the CityAttorncy
l(r(l() Hollvrr.ood Blvrl. ' Pt-). Hox llgl)-i5 ' ["[olltrvrrr,], f:Lrritlr .].i0ll-l){l-ii
l)lronc (9i,r) gll-.i.1.i5 . l:ir\ rUi:t) 9ll-,l0lil . rr'rvri'.h0ll!rvr.rr.r(lll.rrrq
.Je Ffrey P. Sheffel
(-,in'r\rrorncr,
.. o_B_/D-.\.7--N -t',/ A \rt.
i,,(}4J+,-\ \/ /,1i,rrr
rr"o
April30,2014
Platte River lusurance ComPanY
46 I 0 University Avenlle
Madison, WI 53705
RE: Ecological Paper Recycling, Inc.2350NW l49tl'StreetOpal.ocka, Fl 33054
Payment and Performance Bond No. 4i279257
Dear Sir/Madam:
This letter r.vill serve as written notification of my client's claim (the "City of Lloltyrvood,
Florida) against the above-referenced bond.
On July 3, 2013, the City of Hollywood, Floricla and Ecological Paper Recycling, Inc.
("Vendor") entered into an agreement for the. Vendor to provide recyclables processing services
to which your company has issued dre above-refereuced Performance Bond. As part of the
agreement, an'rongst many obligations, the Vendol was required to provide montlily reports to
the City (see Sections 6.1.5 and 6.18 of the Agreement) as well as remit payment of revenue to
the City of Hollywood (See Se.ction 6,18).
As of Jaluary 75,2014, the Vendor has lailed to perfortn its obligations lvith regard to
submitting its monthly reports and has not renritted the required l'evenue paytnents to the City for
the months of Decernber,2013 thror.rgh present. Pursuant to the terms and conditions of the
Agreement, the Vendor is in ciefault and the City has notified the Vendor numel'olls times of its
failure to perform. Additionally, attempts were made to meet with the vendor to no avail.
Iu accordance witir the Agreement, liquidated damages are also being assessed and have accrued
aghinst the Vendor and the amount due and owiug my client is as set forth in tlte attached
spreadsheet,
\\'c do rlris b..crrsurin.u rll rvho live. rrtrli lrcl plrr irr rhc ( iin' oI I-l,rllpvooJ crli,,r I hi':h qualir oililL.
"An EquaI OpPortullity and Service ['rovider rlgcncy"
8
Page 2
Ecological Paper Recycling, Inc
Aprit 29.2014
'['hus, my client is formally requesting that Platte River Insurance Cornpany, as the surety for the
above-referenced bond, remit payment to the Cify of Hollylvood, Florida in the total a:nount of
5247,200.12 (whicli includes the amount due and owing, the penalty charges).
Please make the check payable to the City of Flollywood and send same to the address listed
below.
Very truly yours,
9.!,br* - A/.rr*tpAA,,
Debra-Ann Reese
Sr. Asst. City Attomey
cc: Cathy Swanson-Rivenbark, City Manager
Jeffrey P. Sheffel, City Attorney
Sylvia Glazer, Director of Public Works
Joel Wasserman, Director of Procurement Services
Wil liam Hernandez, Ecological Paper Recycling, Inc.
Craig M. Dorne, PA (Registered Agent for Ecological Paper Recycling, Inc.)
9
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2013-178SR, FOR
FRANCHISE WASTE CONTRACTORS TO PROVIDE RESIDENTIAL AND
CoMMERCTAL WASTE COLLECTTONS AND D|SPOSAL SERVICES (THE
RFQ); AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS FOR NEW FRANCHISE AGREEMENTS WITH THE TOP
THREE (3) RANKED PROPOSERS: WASTE MANAGEMENT !NC. OF
FLORIDA, PROGRESSIVE WASTE SOLUTIONS, AND SOUTHERN WASTE
SYSTEMS LCC; ALSO AUTHORIZING THE CITY ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TOP THREE RANKED
PROPOSERS FOR A NEW AGREEMENT TO PROVIDE ADDITIONAL SOLID
WASTE/RECYCLING SERVICES AT CITY.OWNED PROPERTIES AND
OTHER RELATED PUBLIC BENEFITS TO THE CITY WHICH, AT A MINIMUM,
SHOULD CONTAIN THE SAME (OR MORE FAVORABLE) BUSINESS TERMS
THAN THE EXISTING SERVICES AGREEMENT, DATED OCTOBER 1, 2OO8;
AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE FRANCHISE AGREEMENTS AND THE ADDITIONAL
SERVICES AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION, WITH SUCH AGREEMENTS
HAVING AN INITIAL TERM OF FIVE YEARS, COMMENCING ON OCTOBER
1, 2014, AND RUNNING FOR AN INITIAL TERM OF FIVE (5) YEARS
(GoMMENCING ON OCTOBER 1, 2014 AND ENDING ON SEPTEMBER 30,
201e).
WHEREAS, on October 16, 2013, the City Commission approved the issuance of
Request for Qualifications No. 178-2013SR (the RFQ); and
WHEREAS, the RFQ was issued on November 27,2013, with an opening date of
February 7,2014; and
WHEREAS, a pre-proposal conference was held on December 9,2013; and
WHEREAS, the City received proposals from the following firms: (1) 1-866-Junk-Be-
Gone; (2) Ecological Waste Systems; (3) Progressive Waste Solutions; (4) Southern Waste
Systems, LLC; (5) Sunshine Recycling Services of SWFL; (6) Waste Management lnc. of
Florida; (7) World Waste Recycling; and G7 Holding, lnc. (dibla Garbageman); and
WHEREAS, on March 14,2014, the City Manager via Letter to Commission (LTC) No.
084-2014, appointed an Evaluation Committee (the "Committee") consisting of the following
individuals:
o Jorge Cano, Fleet Division Director, City of Miami Beach;. Daniel Veita, Resident and Leadership Academy Alumni;o Ramon Suarez, Finance Manager, City of Miami Beach;. Rhonda McPherson, Assistant Director, Sanitation Department, City of Miami Beach;
10
. John Woodruff, Director, OBPI, City of Miami Beach; and
WHEREAS, the Committee convened on May 30, 2014, to consider proposals received
and interview the proposers; and
WHEREAS, the Committee was provided with an overview of the project; information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general
information on the scope of services; references; and a D&B report for each responsive
proposal; and
WHEREAS, the Committee was instructed to score and rank the proposers in
accordance with the evaluation criteria in the RFQ and, following deliberations, ranked the
proposers as follows: (1); Waste Management, lnc. of Florida; (2) Progressive Waste Solutions;
(3) Southern Waste Systems, LLC; (4) Ecological Waste Systems; (5) Sunshine Recycling
Services of SWFL; and (6) 1-866-Junk-Be-Gone; and
WHEREAS, after reviewing all the .submissions and the Evaluation Committee's
rankings of proposals received, the City Manager exercised his due diligence and recommends
that the Mayor and the City Commission enter into negotiations with the top three (3) ranked
proposers: Waste Management lnc. of Florida, Progressive Waste Solutions, and Southern
Waste Systems LCC.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to
Request for Qualifications No. 2013-178SR for the Franchise Waste Contractors to provide
Residential and Commercial Waste Collections and Disposal Services (the RFQ); authorize the
Administration to enter into negotiations for new franchise agreements with the top three (3)
ranked proposers: Waste Management lnc. of Florida, Progressive Waste Solutions, And
Southern Waste Systems Llc; also authorize the Administration to enter into negotiations with
the top three ranked proposers for a new agreement to provide additional solid waste recycling
services at City-owned properties and other related public benefits which, at a minimum, should
contain the same (or more favorable) business terms than the existing services agreement,
dated October 1, 2008; and further authorizing the City Manager and City Clerk to execute the
franchise agreements and the additional services agreement upon conclusion of successful
negotiations by the Administration, with such agreements to commence on October 1, 2014,
and to run for an initial term of five (5) years (commencing on October 1, 2014 and ending on
September 30, 2019).
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael Granado, City Clerk Philip Levine, Mayor APPRO/EDASTO
FORM & I.ANGUAGE
SFORE)(ECUTIONT:\AGENDA\2O1 4UuneUune 1 1 Procurement\RFP-1 78-201 3 - Resolution.doc
11
THIS PAGE INTENTIONALLY LEFT BLANK
12
Condensed Title:
A Resolution Of The Mayor And City
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
ions (RFQ) No. 20'14-199-SR. For Floodino Mitioation Consultino Servi
COMMISSION ITEM SUMMARY
Item Summary/Recommendation:
Source of
Funds:ffi
Amount Account
1 $150,000 429-2454-061 357. Capital Project: Citywide Tidal Flooding Mitigation
Ph1. Proiect Strino: encflooohl
2
OBPI Total $150,000
Financial lmpact Summary:
.doc
R1 S
Ensure Reliable Stormwater Management By lmplementing Select Short And Long- Term Solutions lncluding Sea-Level
Data Environmental Scan, etc: N/A
9,2014, the City Commission approved to issue the subject Request for Qualifications 17,
2014,lhe RFQ was issued with an initial opening date of May '19, 2014. A pre-proposal conference to provide
information to the proposers submitting a response was held on May 1,2014. Via Addendum No. 1, published on May
5,2014, an additionalpre-proposalconferencewas held on May9,2014. ViaAddendum No.2, thedeadlineforreceipt
of proposals was extended until May 29,2014. The City received a total of four (4) proposals.
On May 30,2014, the City Managervia Letterto Commission (LTC) No. 184-2014, appointed an Evaluation Committee
(the "Committee"). The Commiftee convened on June 9, 2014 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee also provided general information on the scope of
services, references, and a copy of each proposal. Additionally, the Committee engaged in a question and answer
session after the presentation of each proposer. The evaluation process resulted in the following ranking of proposers:
1) AECOM Technical Services, lnc.; 2) Florida Atlantic Universi$; 3) ARCADIS U.S., lNC.; 4) T.Y. Lin lnternational.
After reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the
Mayor and City Commission authorize the administration to enter into negotiations with the top ranked proposer,
AECOM Technical Services, lnc., a global multi-discipline firm, receiving top ranking from all evaluation committee
members.
ln developing a recommendation, the City Manager considered that, in its response to the RFQ, AECOM did disclose a
contract termination and ongoing litigation relating to a sewer lift station project with the City of Sarasota, Florida.
However, the litigation is ongoing with final determination pending. Additionally, AECOM has confirmed that none of the
team members proposed in the RFQ were involved in the Sarasota project. Accordingly, the City will, during contract
negotiations, require that the proposing team be maintained throughout the project and that any request by AECOM to
change a team member require the prior wriften approval of the City.
Finally, the City Code allows for a period of up to two days from the time that the City Manager has released his
recommendation to the City Commission for aggrieved bidders to file bid protests. When a protest is received, the City
Code requires that the City not proceed further with the award pursuant to said bid unless a written determination is
made by the City Manager that the award must be made without delay in order to protect a substantial interest of the
City. Given the urgency and magnitude of the projects to be considered pursuant to the award for a flood mitigation
consultant, the City Manager recommends to the Mayor and City Commission that the City proceed with the expeditious
award of the contract as recommended, despite any protests that may be received subsequent to the release of the
City Manager's award recommendation.
RECOMMENDATION
After reviewing all the submissions and the Evaluation Committee's rankings of proposals received, the City Manager
exercised his due diligence and is recommending that the Mayor and the City Commission accept the recommendation
of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications (RFQ) No. 2014-199-
SR, for Flooding Mitigation Consulting Services, and authorize the administration to enter into negotiations with the top
ranked proposer, AECOM Technical Services, lnc.
ADOPT THE RESOLUTION.
Financial lnformation:
City Clerk's Office Legislative Tracking:
II Alex Denis, Extension 6641 ,
\201 4UuneUune 1 1 Procurement\RFQ-2014-1
(s rIAIAAAIBXACH AGEND
L*re 6-ll-l(13
4 MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: June 1 1,2014
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUAL|FICATTONS (RFO) NO. 2014-199-SR, FOR FLOODING
MITIGATION GONSULTING SERVICES.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Reliable Stormwater Management By lmplementing Select Short And Long-Term
Solutions lncluding Sea-Level Rise.
FUNDING
For Fiscal Year 2013-2014, the total budget for these services is $150,000. The funding for
these services is available under Account # 429-2454-061357. The Capital Project is the
Citywide Tidal Flooding Mitigation Ph1, and the project string is encfloophl. Funding for future
fiscal years will be made available through budget appropriations.
BACKGROUND
The City of Miami Beach does not currently have an approved consultant to perform
professional consultation services for a flooding mitigation study. The primary objective of this
study is to assist the City in identifying the most feasible alternatives for addressing long-
standing flooding issues in the City of Miami Beach by (1) identifying successful flood
mitigation strategies used by other cities facing similar drainage and construction problems; (2)
providing an independent and unbiased peer review of the problems and proposed solutions
from previous detailed engineering studies; (3) identifying and formulating any additional
structural and non-structural options that might provide significant cost savings or lend
themselves to easier implementation, compared to previously identified alternatives; and (4)
leading a stakeholder, staff and consultant panel review of the expanded spectrum of available
solutions. Particularly attractive would be any solutions that will provide significant flooding
relief in the shorter term at a cost that is affordable to the City's storm water program, as a part
of phased approach that moves toward an ultimate, comprehensive solution. lt is expected
that the final deliverable will include descriptions of the recommended concepts including
schematics, cost estimates, and implementation plan. Secondary objectives include:
i. Development of performance measures for objectively demonstrating the level of
success of the City's storm water program.
ii. Development of a general approach or strategy for addressing other flooding problems
throughout the city
14
Commission Memorandum - RFQ #2014-199-5R Flooding Mitigation Consulting Services
June 1 1,2014
Page2
RFP PROCESS
On April 9, 2014, the City Commission approved to issue the subject Request for
Qualifications (RFQ). On April 17, 2014, the RFQ was issued with an initial opening date of
May 19,2014. A pre-proposal conference to provide information to the proposers submitting a
response was held on May 1,2014. Via Addendum No. 1, published on May 5,2014, an
additional pre-proposal conference was held on May 9, 2014. Via Addendum No. 2, the
deadline for receipt of proposals was extended until May 29,2014.
The City received proposals from the following firms:
ARCADIS U.S., INC.
AECOM Technical Services, lnc.
Florida Atlantic University
T.Y. Lin lnternational
On May 30,2014, the City Manager via Letter to Commission (LTC) No. 184-2014, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
. Bruce Mowry, City Engineer, City of Miami Beach Public Works Department. David Martinez, Director, Capital lmprovement Projects. Scott Robins, Resident and Chair of Blue Ribbon Panel on Flooding
The following alternates were also appointed:
. Dr. Dwight Kraai, Resident and Blue Ribbon Panelist. Dr. Michael Phang, Resident and Blue Ribbon Panelist
The Committee convened on June 9, 2014 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ.
The eval uation process resulted in the followinq rankinq of
BRUCE
MOWRY
DAV!D
MARTINEZ
SCOTT
ROBINS
LOW
AGGREGATE
RANKING
ORDER
TOTALS
AECOM Technical
Services 1 1 1 3 1
Florida Atlantic
Universitv 2 3 2 7 2
ARCADIS U.S.3 2 3 8 3
T.Y. Lin lnternational 4 4 4 12 4
15
Commission Memorandum - RFQ #2014-199-SR Flooding Mitigation Consulting Services
June 1 1,2014
Page 3
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the administration to enter into
negotiations with the top ranked proposer, AECOM Technical Services, lnc., a global multi-
discipline firm, receiving top ranking from all evaluation committee members.
ln developing a recommendation, the City Manager considered that, in its response to the
RFQ, AECOM did disclose a contract termination and ongoing litigation relating to a sewer lift
station project with the City of Sarasota, Florida. However, the litigation is ongoing with final
determination pending. Additionally, AECOM has confirmed that none of the team members
proposed in the RFQ were involved in the Sarasota project. Accordingly, the City will, during
contract negotiations, require that the proposing team be maintained throughout the prolect
and that any request by AECOM to change a team member require the prior written approval
of the City.
Finally, the City Code allows for a period of up to two days from the time that the City Manager
has released his recommendation to the City Commission for aggrieved bidders to file bid
protests. When a protest is received, the City Code requires that the City not proceed further
with the award pursuant to said bid unless a written determination is made by the City
Manager that the award must be made without delay in order to protect a substantial interest
of the City. Given the urgency and magnitude of the projects to be considered pursuant to the
award for a flood mitigation consultant, the City Manager recommends to the Mayor and City
Commission that the City proceed with the expeditious award of the contract as
recommended, despite any protests that may be received subsequent to the release of the
City Manager's award recommendation.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida: accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Qualifications (RFO) No.2014-'199-SR for Flooding
Mitigation Consulting Services; and, authorize the administration to enter into negotiations with
the top ranked proposer, AECOM Technical Seryices, lnc.; and further authorize the City
Manager to execute an Agreement upon conclusion of successful negotiations by the
Administration.
JLM / Mr rQfi,no rvc
T:\AGENDA\2014\June\June 11 Procurement\RFQ-2O14-199-SR Flooding Mitigation Consulting Services - Memo.doc
16
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GIry COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THECIry MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALTFTCATTONS NO. 2014-199-SR (THE
RFQ), FOR FLOODING MITIGATION CONSULTING SERVICES; ACCEPTING
THE DETERMINATION OF THE CIry MANAGER, PURSUANT TO SECTION
2-371(Hl OF THE CITY GODE, AND PROCEEDTNG W|TH AWARD
PURSUANT TO THE RFQ, NOTWITHSTANDING THE FILING OF ANY
TIMELY BID PROTESTS WHICH MAY BE FILED, PROVIDING THAT SUCH
AWARD MUST BE MADE WITHOUT DELAY, IN ORDER TO PROTECT A
SUBSTANTIAL INTEREST OF THE CITY; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP
RANKED PROPOSER, AECOM TECHNICAL SERVICES, INC; AND
FURTHER AUTHORIZING THE CIry MANAGER TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Qualifications (RFO) No. 2014-199-SR was issued on April 17,
2014, with an opening date of May 29, 2014; and
WHEREAS, a pre-proposal conference was held on May 1 ,2014; and
WHEREAS, a second pre-proposal conference was held on May 9, 2014', and
WHEREAS, the City received four (4) proposals; and
WHEREAS, on May 30, 2014, the City Manager via Letter to Commission (LTC) No.
184-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
o Bruce Mowry, City Engineer, City of Miami Beach Public Works Department. David Martinez, Director, Capital lmprovement Projects. Scott Robins, Resident and Chair of Blue Ribbon Panel on Flooding
The following individuals were appointed as alternates:
. Dr. Dwight Kraai, Resident and Blue Ribbon Panelist. Dr. Michael Phang, Resident and Blue Ribbon Panelist; and
WHEREAS, the Committee convened on June 9, 2014 to consider proposals received
and interview the proposers; and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
17
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: AECOM Technical Services, lnc.,
top ranked; Florida Atlantic University ("FAU"), second highest ranked; ARCADIS U.S. lnc., third
highest ranked; T.Y. LIN lnternational, fourth highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked firm, AECOM
Technical Services, lnc.; and
WHEREAS, notwithstanding that the time to file bid protests related to this RFQ will
expire subsequent to the effective date of this Resolution, the City Manager hereby
recommends that, as permitted pursuant to Section 2-237(h) of the City Code, the City
Commission proceed with an award under the RFQ without delay, in order to protect a
substantial interest of the City.
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 hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-199-SR (the RFQ), for flooding
mitigation consulting services; accept the determination of the City Manager, pursuant to
Section 2-371(h) of the City Code, proceeding with award pursuant to the RFQ, notwithstanding
the filing of any timely bid protests which must be filed, providing that such award may be made
without delay in order to protect a substantial interest of the City; authorize the Administration to
enter into negotiations with top ranked proposer, AECOM Technical Services, lnc.; and further
authorize the City Manager to execute an Agreement upon conclusion of successful
negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2014.
APPROVED AS TO
FORM & IANGUAGE
(-u- t 0- (
-
Dote
+
CityAtlomey Arf
18
mri*,*]H*vix
To: Charles Tear, Emergency Management Director
City of Miami Beach
From: Daniel A. Cr@ U-
Date: January 24,2014
RE: Miami Beach Debris Recovery Services
.. MEMORANDUM
Background: In February 2Al2,the City of Miami Beach advertised a Request for Proposals $fp)for Disaster Recovery Services, RFP No. 27-ll/12. This RFP was to cover a range in scope of
services, including disaster related debris removal. The RFP included two addendums: Addendum #l
dated March 20,2012 and Addendum#2 dated March 23,2A12. The responses to the RFp were due
March 26,2012.
The purpose of the RFP is to award contract(s) to disaster debris removal contractors in case of a
presidentially declared event in which the Federal govenunent would provide grant funding through
FEMA for the cost of these services. Grant funding is provided at no less than 7S%. Thesi contracts
are intended to be a pre-event type contract with no costs until the services are needed at the time of a
disaster, but locking in line item prices.
RFP No. 27-ll/12 will replace the current contract which expired on January 3,2072 with two options
for renewal. Six companies are under the current contract: Grubbs, Bamaco, AshBritt, Phillips &
Jordan, Ceres Environmental, and Crowder Gulf.
On June 6,2012 the city manager, through a commission recommendation, recommended the eity
commission approve negotiations with six contractors: Ceres Environmental, AshBritt, TAG Crinding,
Byrd Brothers, D&J Enterprises, and Phillips & Jordan. This group of six was based on the ranking by
the Evaluation Committee of the eleven proposals received.
On June 6,2012, the Miami Beach city commission, through Resolution No. 2012-27g17 authonzed
the administration to enter into negotiations with the six recommended companies; however, if
AshBritt concluded successful negotiations, it would be awarded the primary contract.
Issues and Recommendations: At the current time, it is nearly two years since the RFp was
advertised on February 24,2012 and due on March 26,2012, It has been more than l8 months since
the City commission issued a Resolution authorizing the Administration to negotiate with the six
highest ranking proposers while recornmending AshBritt to receive the primary contract of the six
conffactors.
Page l" of 2
Agenda rtem R7U
Date 6-ll-tt{19
mHi**I,^H*vi*
Each of the six proposers submitted rates based on disastff activity, fuel prices, FEMA reimbursement
policies, and labor costs from 2012. lf the City of Miami Beach continues with this selection and the
contract runs the full term of the base contract and option years, it will be more than seven years sinee
the rates were submitted by the proposers. My understanding is that it was not the intent to require the
proposers to commit to submitting rates that would be in effect for seven years.
With the recent changes in FEMA policy regarding debris removal post Hurricane Sandy, including a
sliding scale in reimbursement rates to local governments for the speed in which debris is removed, the
City's current RFP (#27-11l12) does not contemplate these changes. These changes in FEMA policy
will affect the performance requirements of any contracts from this RFP, which in a large scale disaster
could mean millions of dollars of lost Federal reimbursement to the City.
Lastly, given the wide range of price proposals in each line item, I believe the City is at a financial risk
of full reimbursement negotiating with the top six ranked proposers. FEMA's curent policies and
reimbursement procedures could bring added scrutiny and potential audit for having contractors
providing similar services but with costs, that are in some cases, more than 400% more expensive.
This will put the City at risk of receiving the full Federal reimbursement from FEMA.
The Tidal Basin team recommends that the City of Miami Beach re-competes the RFP for Disaster
Recovery Services in order to include new FEMA policy and pilot programs, allow contractors to
provide current rates, and ensure all work performed under these contracts will adhere to Federal grant
and reimbursement policies.
Page2 of2
20
R9 - New Business and Commission Requests
Discussion Regarding Authorizing The Administration To File Applicable Land Use Board
Applications For The Placement Of Shinola Clocks At Various City Locations.
( Req uested by Mayer+hilip+evine Com m issioner Jona h Wolfson )
(Correction)
Agenda ltem R4 R
21
THIS PAGE INTENTIONALLY LEFT BLANK
22