Loading...
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