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Home My WebLink AboutR-93-0599D9 f RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE JOINT VENTURE OF BEDMINSTER/SEACOR SERVICES, INC. ("BEDMINSTER/SSI"), TO DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE, j OWN/OPERATE A SOLID WASTE PROCESSING FACILITY, IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN REQUEST FOR PROPOSAL NO. 91-92-102; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH METROPOLITAN DADE COUNTY ("COUNTY"), TO RELEASE THE CITY OF MIAMI FROM THE REQUIREMENT THAT ITS SOLID WASTE STREAM BE TAKEN TO COUNTY LANDFILL FACILITIES. WHEREAS, the City of Miami ("City") and Metropolitan Dade County ("County") are diligently seeking the means of complying with mandated State of Florida requirements to divert the City's solid waste stream from County landfill facilities; and WHEREAS, pursuant to Request for Proposal No. 91-92-102 ("RFP"), the City solicited the services of a firm to design, construct, acceptance test, finance, and own/operate a solid waste processing facility; and WHEREAS, on April 15, 1993, pursuant to Resolution No. 93-250, the the Joint Venture of Bedminster/Seacor Services, Inc. ("Bedminster/SSI") was approved by the City Commission as the most qualified and responsive proposer to the RFP; and WHEREAS, the City Commission also authorized initiation of negotiations with Bedminster/SSI and the preparation of an agreement resulting from these negotiations; and C17Y co'M TSSION S Fr: att' Resolution No. v' WHEREAS, said agreement between the City of Miami and Bedminster/SSI is contingent upon the adoption of an Interlocal Agreement between the City of Miami and Metropolitan Dade County; and WHEREAS, the economic benefit to the City would be a reduction in the tipping fee currently charged by Dade County; and WHEREAS, said facility will also address the County's need to reduce the utilization of landfill facilities; and WHEREAS, one of the terms of the negotiated contract will require that the City pay a fixed tonnage fee; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized/ to execute an agreement, in a form acceptable to the City Attorney, with the Joint Venture of Bedminster/Seacor Services, Inc. ("Bedminster/SSI"), to design, construct, acceptance test, finance, own/operate a solid waste processing facility, in accordance with the requirements set forth in Request for Proposal No. 91-92-102. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 93- �99 Section 3. The City Manager is hereby authorizeda/ to execute an interlocal agreement, in a form acceptable to the City Attorney, with Metropolitan Dade County ("County"), to release the City of Miami from the requirement that its's solid waste stream be taken to County landfill facilities. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of September 1993. ATfTY XAVIER L. S AREZ, M YOR AI, CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: /I HUMBERTO HERNANDEZ A. QU N Wy S,IIZASSISTANT CITY ATTORNEY CITY ATTO BSS:M3861 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -3- 93- "599 E�J C4TY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members To of the City Commission FROM Cesa io City Or DATE SEP 17 1993 FILE Resolution Authorizing SUBJECT Execution of an Agreement with Bedminster/Seacor Services, Inc. REFERENCES ENCLOSURES RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution, authorizing the City Manager to execute an agreement, in substantially the attached form, between the City of Miami and Bedminster/Seacor Services, Inc., (Bedminster/SSI). The purpose of the agreement is to design, construct, acceptance test, finance, own/operate a solid waste processing facility, in accordance with RFP No. 91-92-102. BACKGROUND By Resolution No. 93-250, passed and adopted on April 15, 1993, the City Commission approved the findings of the Evaluation Committee and authorized initiation of negotiations with the joint venture of Bedminster/Seacor Services, Inc., the firm deemed most qualified to undertake the project. The City Administration was further instructed to prepare an agreement between the parties and present same for consideration by the City Commission. The attached agreement with Bedminster/SSI includes the negotiated tipping fee, revenue sharing and performance bond as required in the request for proposals. The agreement is subject to the adoption of an Interlocal Agreement between the City of Miami and Metropolitan Dade County. 93— 11559 J 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Cesar H. Odio DATE SEP 16 M3 FILE City Manager f � Bedminster/Seacer i SUBJECT Services, Inc. Agreement FROM R� E l ,Wa. 17 c1Itl$ REFERENCES Assistant City Manager ENCLOSURES Attached please find the resolution for the agreement between the City of Miami and a /Seacor Services, Inc. This package is being submitted for e September 27th City Commission Meeting, Should you hav any further questions, pleases contact me at 575-5130. /') C16 �o 12' go �8 4115 93- 599 CITY OF MIAtvil, FLORIDA INTER -OFFICE MEMORANDUM HONORABLE MEMBERS OF September 24, 1993 TO ` THE CITY CQMMISSION DATE FILE September 27, 1993 SUWECT Agenda Item 17 FROM 4TY �� I REFERENCES City Clerk ENCLOSURES Mr. Howard Cohen came to our office to request that we route the j attached letter to you in connection with agenda item 17 of the September 27, 1993 Commission meeting. a UrEDADE IRECYCLINGFEDERATION 2070 N.W. 7th Street e hiinnii, Florida 33125 Tel: (305) 285-3580 • Fax: (305) 6�3-4768 1 TO: Members of the Miami City Commission_ On Thursday, September 23, 1993 at 12:00 noon, I, Howard Cohen, p v appeared personally at both the City of Miami Agenda Office and fy the Office of the City Clerk to inspect the proposed agreement between the City of ;Iiami. and Bedminster/Seacor Services, Inc. as outlined in the September 27, 1993 City Commission Agenda (pg. 14, item 17 - Resolutions) published and distributed on Wednesday, September 22, 1993. p The City Clerk's office furnished to me the agenda back-up paperp- work which was available in connection with this item. The Resolution was available, however, the referencedt agreement was missing. I was informed by the Clerk's office that there was no copy of the agreement in the packer,. The Clerk subsequently con- tacted the Miami Solid Waste Department which informed the clerk that the only copy of the agreement was with the Law Department and therefore was not available for inspection at this time. I interpret this to mean that the City Commissioners did not receive a copy with their distributed agenda packet as required under the five-day rule. By copy of this letter I am requesting the City Clerk to immedi- ately distribute a copy of this protest to all City Commissioners and respectfully request to be heard at the September 27, 1993 Commission meeting when this item comes up for vote. Considering the fact that this agreement is for a 20-year term and involves hundreds of millions of dollars of solid waste tipping fees, I believe the City's failure to provide copies of this agreement to the members of the City Commission at least 5 days before the meeting and to make this agreement available for inspection during the business hours at the Office of the City Clerk in City Hall severely limits the full review of the terms and conditions of this agreement by both the City Commission and the citizens and business owners of Miami. The above failure to provide the referenced agreement is further exacerbated by the fact that out of the three remaining days prior to the Monday, September 27, 1993 meeting - the first day, Friday, September 24th is the beginning of Yom Kippor, the most holy of Jewish holidays and the next two days, Saturday and Sunday, are weekend days when the Office of the City Clerk is not open for inspection of the agreement. I hereby request that this Resolution be postponed for another meeting of the City Commission and that the final agreement be provided to the Commission and the citizenry at least 5 days prior to the meeting as required by law. ***The Dade Recycling Federation is being formed among Dade municipalities and private hauling companies to provide effective, cost-effective integrated solid waste collection/recycling/disposal services county -wide. Based upon quotations from recycling vendors nationwide. I believe that comparable (or imprnvPrl) reCvcl.ino systems are available to the City of Miami at a tipping fee of approximately $45 per ton -- a savings of approximately �34,000,000 per year compared to the referenced Bedminster agreement. The City of Miami cannot afford to contract for 20 years at a 40o premium over rates offered to other Dade municipalities and private hauling firms. I would be happy to discuss membership in the Federation for the City of Miami at your earliest convenience. Thank you for your consideration and cooperation, Howard Cohen