HomeMy WebLinkAboutPre-LegislationCity of Miami
Master Report
Resolution R-15-0499
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID #: 15-00754
Version: 1
Enactment Date: 11/19/15
Controlling Office of the City Status: Passed
Body: Clerk
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE
PROPOSALS RECEIVED JUNE 8, 2015, FROM VARIOUS PROPOSERS AS IDENTIFIED IN "EXHIBIT
A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ")
NO. 495344, FOR COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID
WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5)
YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS;
FURTHER AUTHORIZING IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED
FIRMS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI
WITHOUT FURTHER CITY COMMISSION AUTHORIZATION.
Reference: Introduced: 6/9/15
Name: Accept Proposals - Conun. Solid Waste Hauling Svcs.
Requester: Department of Solid
Waste
Notes:
Cost: Final Action: 11/19/15
Sections:
Indexes:
Attachments: 15-00754 Summary Fonn.pdf, 15-00754 Memo - Manager's Approval.pdf, 15-00754 Corporate Detail.pdf,
15-00754 Invitation for Bid.pdf, 15-00754 Legislation.pdf, 15-00754 Exhibit A 7-23-15.pdf, 15-00754 Exhibit
A.pdf, 15-00754 Exhibit •- Agreement.pdf
Action History
Ver. Acting Body
Date Action
Sent To
Due Date Returned Result
Office of the City 7/10/15 Reviewed and
Attorney Approved
1 City Commission 7/23/15 DEFERRED
1
City of Miami Page I Printed on 4/29/2016
CITY OF MIAMI
AMENDMENT NO. 1 TO COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND '
PROGRESSIVE WASTE SOLUTIONS OF FL., INC.
RFQ CONTRACT NO. 495344
This Amendment No. 1 to the Nore-Exclusive Commercial Solid Waste Franchise
Agreement dated March 14, 2016, (the "Agreement") between the City of Miami, a
municipal corporation of the State of Florida ("City"), and Progressive Waste Solutions of
FL, inc. ("Franchisee") a corporation, qualified and authorized to do business in the State
of Florida, is entered into this. 1441^day of Moutch , 2016.
RECITALS
WHEREAS, pursuant to Resolution No, R-15-0499, adopted November 19, 2015, the
City Commission authorized the execution of an Agreement with Franchisee to provide
Commercial Solid Waste Collection Services with the City as set forth in the Agreement;
and
WHEREAS, in accordance with the above referenced Agreement, this supplement,
when properly executed, becomes a part of the Agreement;
NOW THEREFORE, for the considerations hereinafter as set forth, the Agreement is
hereby amended as follows and shall:
Delete Article 8, entitled Term, in its entirety and replace with the following to
incorporate the underlined language:
ARTICLE Vill
TERM
8,1 The term of the AGREEMENT shall be for a period of five years with one
fl) three (3) year option to renew.. The AGREEMENT shall commence
March 14. 2016, and shall terminate on March 13, 2021, with the one (1).
three (3) year option period through March 10, 2024. The AGREEMENT
shall become effective upon execution by the parties hereto. See Section
22-57 (b) of the City Code, as amended.
8.2 The option to renew the AGREEMENT for the additional three (3) year period
will be at the sole discretion of the City. Various criteria will be established
prior to the renewal period. During the review process for renewal, the
established criteria will be used in order to ascertain how well each
FRANCHISEE performed since the inception of the March 14, 2016,
AGREEMENT. It should be noted that any FRANCHISEE that is not
renewed for the option period, will not be allowed to operate within the City
limits.
1
All other terms, covenants and conditions of the original Agreement issued thereto
shall remain in full force and effect, except to the extent herein amended.
IN WITNESS VVHEREOF, the parties have executed this Addendum No. 1 to RFQ
Contract No, 495344,
ATTEST:
By:
Todd S. Hannon, City Clerk
(Affix City Seal)
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
Daniel J.
APPROVED AS TO__LEG L FORM APPROVE
REQUIR
CORRECTNES
tY,;-
Victoria Mendez, City o ey
ATTEST:
rporats Secretary
(Affix Corporate Seal)
A
ENT
nn-Marl
Risk Man
CONTRACTOR
Sha
gem
er
INURANCE
pe, Director
nt Department
Progressive Waste So utions of FL, inc.
a Florida Corporation
CITY OF MIAMI
AMENDMENT No. 2
TO
NON-EXCLUSIVE
COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
This Amendment No.2 to the Professional Services Agreement dated March 14, 2016, (the
"Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"),
and Progressive Waste Solutions of FL, Inc. ("Progressive") a corporation, qualified and
authorized to do business in the State of Florida, is entered into this day of P v'JeMt -'
2018.
RECITALS
WHEREAS, pursuant to Resolution No. 15-0499, adopted November 19, 2015, the City
Commission authorized the execution of Non -Exclusive Commercial Solid Waste Franchise
Agreement ("Agreement") with qualified Commercial Solid Waste Hauling companies to operate
within City limits and provide certain services to multi -family and commercial establishments
including but not limited to collect, recycling transport, haul, transfer, store, dispose of solid waste,
etc.
WHEREAS, Progressive has changed its corporate name to Waste Connections of
Florida, Inc; and
WHEREAS, the Parties desire to enter into this Amendment to reflect the name change;
and
NOW THEREFORE, for the considerations hereinafter as set forth, the Agreement made
with Progressive, is hereby amended wherever in the Agreement the Firm Legal Name "
Progressive Waste Solutions of FL, Inc." appears, such name shall be replaced with "Waste
Connections of Florida, Inc".
All other terms, covenants and conditions of the original Agreement issued thereto shall
remain in full force and effect, except to the extent herein amended.
IN WITNESS WHEREOF, the parties have executed this Addendum to Professional
Services Agreement.
ATTEST:
Todd B. Ha ,nnonCity Clerk
ATTEST:
Print Name:(-k-Q(c R (tAj
Title:
Notary Public State of Florida
Tara L Blow
My Commission GG 226061
Expires 06/10/2022
APPOVED AS TO LEGAL FORM
AND ORRE' TNESS:
Vi r oria Men ez, City Attorne
"City"
CITY OF MIAMI, FLORIDA a municipal
Corporation of the State of Florida
By:
E ilio T%' on alez, Ph.D., City Manager
"Franchisee"
Waste Connections of Florida, Inc.
By:
Print Name:
Title: )2&bc#1)
(Authorized Corporate Officer)
WASTE CONNECTIONS
of FLORIDA
Connect with the Frrttuz -
October 26, 2018
SENT VIA EMAIL
Chris Lima
Procurement Department
City of Miami
444 SW 2nd Ave, 6th Floor
Miami, FL 33130
Re: Progressive Waste Solutions of FL, Inc.'s Name Change to Waste Connections of Florida, Inc.
Dear Chris:
This letter is being sent to make you aware of Progressive Waste Solutions of FL, Inc.'s recent
name change to Waste Connections of Florida, Inc. On June 21, 2018, Progressive Waste Solutions of
FL, Inc. changed its name to Waste Connections of Florida, Inc. Since this was solely a name change,
there is no change to any other information, including, but not limited to the company's Federal Tax
ID Number, address, phone number, management or your primary point of contact.
Therefore, Waste Connections of Florida, Inc., will be the name of the entity contracting with
The City of Miami from this point forward.
I have attached an updated IRS Form W-9 for your reference and records.
Should you have any questions or concerns regarding this, please feel free to contact me.
Respectfully submitted,
Damian A. Ribar
Division Vice President
To, Page 3 of 6
2016.06-21 07 46 12 CST 12122023573 From Kimberly Loughrey
PROFIT CORPORATION
APPLiCAT! ON BY PORE CN PROFIT CORPORATION TO FILE AMENDMENT -TO
APmrcATION FUR' Ain FJOR1ZATION TO TRANSACT BUSINESS IN FLORIDA
" ' (Pursuant to s. 6O7,150'1, F.S.) ,
SECTION 1
' (1-3 . tUSr tit•: cQMPLE'rE u)
F030 O0(I6157 ,, . .4.0
t"
• t:Vame of corponuicn'as it appears on the rceonis of the Department of State) •
fi•
�•
,3. 12I11r2o01 • v,' •0, '
{inco pcyaled"under laws ot) Gate audtc+rized to do business in 1 : r d .) wit
(Docuntcttt number ol'corporntion (lc known)
Progressives tb'aste Soiutions of P'L, lac.
2. Delaware '
• SECTION if
(4-7 C;Cl,'Sifl.k't'E ONLY'1'ItE Ak'PL1.CA11LE CiL N(ES)
d, If the amendment changes tho name of the corporation, when was tic change cffected.tlndor the laws of
its jurisdiction efincorporation7JA...--•••-•-20ts'
Witste C,onaectians of Florida, Inc.
Nnnle of corporation after dtc amendment, adding suffix ".corporation," 'company,""or "ir co1porated,° or
appropriate abbreviation, if not contained in new name ol`the corporation)
(Li' new name is unavailable in Florida, cater Tctnatc corporate riamo anted for the purpose of transaoting
business in Florida)
6. If the amendment changes the period of duration, indicate rtew period of duration.
.(,Vow d'uraUcn)
7. I (the amendment changes the jurisdiction of incorporation, indicate new jurisdiction.
(Newiurisrilction)
8,1\ttached in a certificates or document of similar im orr, evielencin the amendment, authenticated not more than
90 days prior to delivery of the ap hcation tt art tent late, by the Secretary of State or other official
having custody of cnrpnrate record in the �}rrI ti Irm tics the aws of which it is incorporated.
"I'm rick J.'Shea „ ••
(I`yptal or prince -name a('pe:rsou signor); ('title of person sib ung)
05119.002ra175s54
(8Igaatwrc c f iidircctor, president ar mho o- if in tiie?1attd
off receiver, or other court appointed fiduciary, by that Fiduciary)
Vp Olen, Counsel Sr. Secretary ••
To' Page 4 of ty
2010.08.21 Q7.46.12 CST 12122023573 From' }limberly Lougliroy
Delaware
The First State:
Z, .JEFTREY W. .0t71,LOCYC, SECRETAXXY OF STATE OF rrae STATZ OF
1 'LAhrJtRE, DO ,KI;FtEBY CERTIFY 1'ft1E ATTACHED rS A i'RE1 ]%Ni7 COR7R$CT
CQPY of TXih' CERTaF'rCAT7."' QF'' )%N[> , N'd' or • PRoGESsrVE WASTE
SOLUTIONS OF FL, INC, -, C?lt1CCJGING ITS M E FRO44 "ertoCRESSIYe
wA.' rt sozurzoms or rz, Inc." ro "WASTE CONNECTrONS or F7.ORZLA,
INC, ", &'ILF1D TN THIS OFF-EcE ON 21i EIGNTH DRY or aysz, A.D.
422010, AT 5r08 O'CLOCK P.89,
A FZLEY) COPY OF THIS 4 ATx?,XCATE EA.S BEEN F'Q.RWARDED TO TEE
NJ! CASTLE COUNTY .RECORDER PL+' DEEDS.
3725781 8100
SRI120185057179
You may vorlfY this gt;rt)Ileate online at Caro.delavvare.gov/authvorshcml
Page 1
Authentication: 202863492
Date: 06-12.18
To, Page 5 of 6
, Sil,rur ntt3„'„e
• ..:<crewun• or. SCIIP
s.
' - ohlNnn. i' Cafporerb,h�
Detiv rrd.,.0StU8 t',1rC61U5..U1t ; ,
,EIU D .0:;08 PJI96008.2018'.
S.1•1018505.7r3?.•,.EtItNN4t4rr 3715381•
-
•
2018,06.21 07 46 12 CST 12122023573 Prom Kimberly t,eughrey
•
, CERi'tl•IGATE OF 0A.lVtgs1T)1v1.Gt' T
`Or • , '
(`',ERTIFIC:irE OF INCORPORATION
F' (7{,iEti;:S IVI% Wr\S•1'liit)I,141;IQNS (,)I' 1 C,.,;ll�re.
• it is hereby codified that: • - • .
I. 'I'he name ty(' the corporation (herl:initfl:r called the "Corporation") i:, Progressive Waste
Solutions of F'L, Inc., • • ••
•
2. The Ccrtifiortie of incorporation of the Corporation is hereby amended by striking out Article
F iR.S•I' thcreOf.arrd by substituting in lit:u,of said t eh FIRST the following new .A.rticte 121RST: ' •
amino of tlxifi Corporation,is Vise Connections of Florida., Ina," •
•
3. The tudendmcnt or the C.cr'ti#icatc of 1ncorporat art of the Corporation herein codified has been ,
duly adopted and written consent of "the hoard, of directors .and stockholders' has. been given .in.
accordance -vi th the pr,>\,i4opa. of Sections 22$ and 242 of thc•Ccne:rai Cdrporutiou .Law. of the State
of Delaware'. '
Signed on • June i •, 2013
Pairick S. Shag, Senio1' 'llite Presidant, Ocncrai
Counsel and.Sceretary. •
•
To: Pave 6 or 6 2018-06.21 07 46.12 CST
LDivision ul'Colporutiou:t Filing
Reservation Entity Name
Nu m bey
6852312
6852313
68.51514
6852315
6852316
:6852317
'Write Connections
01 New Yi Irk I C.
Waste Colrnt;isfivtly
of New Jersey. INC.
Bethlehem Landfill.
CON1PANY
WO; laiiLI'
CORPORATION
1'intberltlno Landfill
CO,N1Pr\ N Y '
WCN TX GP
CORPOR ATION
1212202.3573 From Kimberly l,Auphrey
Pagel 0l'
I+:trtity Type Cult Status • , F;xpirution
{�3 ,Date
Cor-portition 575.00 Reserved 8/18/2018
Corporation $75,00 Reserved 8/18/2018
Corporation $7:5.00 Reserved 8/18, 20 i fi
Corporation $75,00 Reserved 8/18/2018
Corporation $75.00 Reserved 8/18/2018
Corporation 575.00 R.eserNed 8/18/2018
:,Wpste GOt1[xtctt,O,tiS
685'23;f3• ,. r tlsi�•rali�n :$75:(iQTiesiryed .:8/13120'11;.''
•
t+ttpa:/iieis.ctrp,del;tware.gov/I;cwrpfNameReterviNtimeReservStatusiT.<rspx ' 4/20/ ()18
Aw,,,,vidycivreve jvcicor,yfe":51,75.,15.??5,f(5. jc5r,e,w5,15 ylfovovivtick
iltvartinetit of *far
‘: •
I certify the attadied IS tr.ie anO'OOfeeer..Opy"Of the Amendment to the
Application :Of a ,F;otgiti: 061,21, 2018, for
PROGRESSIVE Vy4:qf',Sq4-pTph:10 O FL INC whirl ‘ Oar-1904s name to
WASTE 0614N;gctitnie:or!q.0AlEirk;INg.;:'azDeja0are porpratiori,apthorized
to transact "buSin4Si-.16 F101iaa; as 'shOWn, by; trigikenrKils. Of this Office.'
I funtfer •eipottenieally7: redeNe.,1 ,PAx„ audit
number H1 800'08014e,, ,o,tfrq, this Cettifibate4eSUed in accordance !,,willtf, geotion
15.16„ Nada Si410:t0,.akigoutnentitatedizi the code noted below
•
Theld()QUment nurriWr of this oerPoratiijOie,-PW0400`06t57,.,
mcv$7-75Y
• ...ivvxwe,
4.®• ,04A,f0Altc.-4
,vonwos.0 $'N, tv
Given under my hand and the
Great-8'0W of the State of Florida
. at Tallahassee, the Capital, this the
Twenty-ninth day of June, 2018
Wg'AVANIeNff"$"$.7"-wm $ AgiviA),"‘ "Akio's:
oriwzat,-Atiackicace:2Ac;&4Q)Cav,
•
a,
•
•
FLORIDA DEPARTMENT OF STATE
Division of Corporations
June 29, 2018
WASTE CONNECTIONS OF FLORIDA, INC.
3 WATERWAY SQUARE PL
SUITE 110
THE WOODLANDS, TX 77380
Re: Document Number F03000006157
The Amendment to the Application of a Foreign Corporation for PROGRESSIVE
WASTE SOLUTIONS OF FL. INC. which changed its name to WASTE CONNECTIONS.
OF FLORIDA, INC., a Delaware corporation authorized to transact business in Florida,
was filed on June 21, 2018.
The certification you. requested is enclosed. To be official, the certification for a certified
copy must be attached to the original document that was electronically submitted and
filed under FAX audit number H18000180146.
Should you have any questions regarding this matter, please telephone (850) 245-
6050, the Amendment Filing Section.
Diane Cushing
Senior Section Administrator
Division of Corporations Letter Number: 218A00013526
www.sunbiz.org
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314