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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6039 Date: 06/25/2019 Commission Meeting Date: 07/25/2019 Requesting Department: Department of Solid Waste Sponsored By: District Impacted: All Type: Resolution Subject: Accept Ownership - World Waste Recycling, Inc. Purpose of Item: The nature of this item is to seek City Commission's approval, for the assignment of the resulting contract from Request for Qualifications ("RFQ") No. 495344, for the provision of Commercial Solid Waste Hauling Services, from World Waste Recycling, Inc.("World Waste") to accept their ownership change while maintaining their current name and Federal Employment Identification Number ("FEIN"), authorizing the City Manager to execute an Acceptance of Assignment Assumption of Contract, in substantially the attached form, with World Waste; further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of Item: On November 19, 2015, the City Commission adopted Resolution No. 15-0499, approving the City's award of RFQ No. 495344 to various providers, including World Waste, for the provision of Commercial Solid Waste Hauling Services, for an initial contract term of five (5) years, with the option to renew for three (3) additional one (1) year periods. On or about January 7, 2019, World Waste entered into a Stock Purchase Agreement with Coastal Waste & Recycling Holdco, LLC ("Coastal"). Coastal is now the parent company and sole shareholder of World Waste. World Waste is maintaining the same name and FEIN as originally submitted, however, this change of assignment is only for the parent company to accept any and all obligations of said contract. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Solid Waste Department of Procurement Office of Management and Budget Department of Risk Management Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Mario F Nunez Annie Perez Aniska Elliott Ann -Marie Sharpe Christopher M Rose Fernando Casamayor Nikolas Pascual Valentin J Alvarez Valentin J Alvarez Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Procurement Review Budget Analyst Review Risk Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Meeting Unsigned by the Mayor Signed and Attested by the City Rendered Completed Completed Completed Completed Completed Completed Completed Completed Skipped Completed Completed Completed Clerk Completed Completed 06/25/2019 1:13 PM 06/26/2019 8:03 AM 06/26/2019 8:43 AM 06/26/2019 8:59 AM 06/27/2019 4:40 AM 07/01/2019 2:13 PM 07/02/2019 4:14 PM 07/05/2019 12:27 PM 07/03/2019 9:17 AM 07/09/2019 6:05 PM 07/25/2019 9:00 AM 08/02/2019 8:53 PM 08/02/2019 9:16 PM 08/02/2019 9:16 PM City of Miami Legislation Resolution Enactment Number: R-19-0297 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6039 Final Action Date:7/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT OF THE RESULTING CONTRACT FROM REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344 FOR THE PROVISION OF COMMERCIAL SOLID WASTE HAULING SERVICES FROM WORLD WASTE RECYCLING, INC. ("WORLD WASTE") TO ACCEPT THEIR OWNERSHIP CHANGE, IN RECOGNITION OF THEIR STOCK PURCHASE BY COASTAL WASTE & RECYCLING HOLDCO, LLC , ("COASTAL"), WHILE MAINTAINING THEIR CURRENT NAME AND FEDERAL EMPLOYMENT IDENTIFICATION NUMBER ("FEIN"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, TO INCORPORATE COASTAL AS THE NEW PARENT COMPANY AND SOLE SHAREHOLDER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 15-0499, adopted on November 19, 2015, the City Commission approved the award of Request for Qualifications ("RFQ") No. 495344 for the provision of Commercial Solid Waste Hauling Services to various providers, including World Waste Recycling, Inc. ("World Waste"), for an initial contract term of five (5) years with the option to renew for three (3) additional one (1) year periods; and WHEREAS, on or about January 7, 2019, World Waste entered into a Stock Purchase Agreement with Coastal Waste & Recycling Holdco, LLC ("Coastal"); and WHEREAS, Coastal is now the parent company and sole shareholder of World Waste; and WHEREAS, pursuant to Article XIII of the Agreement, titled Assignability, said Agreement "shall not be transferred, conveyed, disposed of, assigned or delegated without the City's prior written consent"; and WHEREAS, Coastal shall continue to operate under the "World Waste" name with the same Federal Tax Identification Number as originally provided in the Agreement; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The assignment of the resulting contract from RFQ No. 495344 for the provision of commercial solid waste hauling services from World Waste to accept their ownership change, in recognition of their stock purchase by Coastal, while maintaining their current name and federal employment identification number ("FEIN"), is accepted. Section 3. The City Manager is authorized' to execute an Acceptance of Assignment and Assumption of Contract, in substantially the attached form, to incorporate Coastal as the new parent company and sole shareholder. Section 4. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, extensions, subject to allocations, appropriations, and budgetary approval having been previously made, and in compliance with applicable provisions of the City Code, including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 1 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.