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HomeMy WebLinkAboutSubstitution Memo from City ManagerDocusign Envelope ID: C8C0410C-52CD-4896-9F10-FF5D4FDADB32 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and DATE: November 13, 2025 Members of the City Commission FROM: Arthur Noriega V City Manager by: EDocuSigned ISItiwitia 850CF6C3720D42A... SUBJECT: Substitution for RE 2 — Emergency Ratification for Litter Waste Collection Services REFERENCES: November 20, 2025 City Commission Meeting ENCLOSURES: Revised Item RE 2 The Department of Solid Waste and the Procurement Department respectfully request that the following item be substituted in the November 20, 2025 City Commission Meeting: Item RE 2 on the November 20, 2025, City Commission Meeting Agenda is an item to retroactively approve, by a 4/5th affirmative vote the City Manager's emergency finding that is it most advantageous for the City of Miami to waive the competitive sealed bidding procedure pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended ("City Code") and retroactively approving the selection of JMP Group LLC, ("JMP Group") for the provision of Litter Waste Collection Services (Citywide) for the Solid Waste Department. The Legislation is being substituted to distribute revised Legislation to remove language that extended beyond a simple ratification of emergency services rendered, specifically contemplating future usage. o fr 1 rrn o C7 PR11132025 17vot otteitic mouncaea_. AGENDA ITEM SUMMARY FORM FILE ID: Date: 05/20/2025 Law Department Matter ID No. Requesting Department: Solid Waste Commission Meeting Date: 11/20/2025 District Impacted : All Type: ®Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ['Future Legislation ❑ Other Subject: Retroactively Approve Emergency Agreement for Litter Waste Container Collection Services Purpose of Item: The nature of this item is to respectfully request a resolution of the Miami City Commission, by a four - fifths (4/5) affirmative vote, ratifying, confirming and approving the City Manager's emergency finding, that is it most advantageous for the City of Miami to waive the competitive sealed bidding procedure pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended ("City Code") and retroactively approving the selection of JMP Group LLC, ("JMP Group") for the provision of Litter Waste Collection Services (Citywide) for an approximate estimated amount of $1,668,092.20; subject to the availability of funds and budgetary approval at the time of need; Authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, and extensions; subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including the City'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 all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background Information: The Department of Solid Waste has a need for the provision of Litter Waste Collection Services (Citywide) in response to the environmental and health challenges the City faces on a daily basis due to Florida weather conditions such as hurricanes, tropical storms, King Tide and rain events, etc. that threaten and impact the environment and quality of life of the residents we serve. Litter waste collection services will serve the needs of our residents by promoting health, and safety, aesthetic appeal, and tourism and property values, while promoting the need to meet the NPDES National Pollutant Discharge state requirements. The City entered into a PSA with JMP Group until a competitive solicitation is issued, evaluated and awarded. The approximate estimated amount is $1,668,092.20. ❑ Yes ®No ® Yes ❑ No Budget Impact Analysis Is this item related to revenue? Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: ❑ Yes I No Is this Item funded by bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: Approximately $1,668,092.20 _I 1T rn Page 1 of 2 Sponsorship Information (This section is not required for items that have Citywide impact.) ❑ Yes ❑ No Has the District Commissioner been advised of this item? Please check which of the following applies: ❑ The District Commissioner will sponsor the item. Specify district below. ❑ D1 ED2 ❑D3 Eb4 ED5 ❑ The District Commissioner will NOT sponsor the item. ❑ Response pending from District Commissioner. Does the item require approval from the following departments? Grants Procurement Risk Dept. Director Final Approval Page 2 of 2 ..Title A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR - FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; RETROACTIVELY APPROVING THE SELECTION JMP GROUP LLC, ("JMP GROUP") FOR THE PROVISION OF LITTER WASTE COLLECTION SERVICES (CITYWIDE) FOR AN APPROXIMATE ESTIMATED AMOUNT OF $1,668,092.20; FOR THE DEPARTMENT OF SOLID WASTE ("SOLID WASTE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS AND ADDITION OF SERVICES TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") ATTACHED AND INCORPORATED AS EXHIBIT "B", SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, 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 ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. o ..Body i_ cs a� e BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: c? WHEREAS, the Department of Solid Waste ("Solid Waste") has a need for the `provi n of litter waste collection services (Citywide) in response to the environmental and heajlth challenges the City faces on a daily basis due to, Florida weather conditions such as hurricanes, tropical storms, King Tide and rain events, etc. that threaten and impact the environment and quality of life of the residents we serve. Litter waste collection services will serve the needs of our resident's population by promoting health and safety, aesthetic appeal, and tourism, and property values, while promoting the need to meet the NPDES National Pollutant Discharge state requirements; and WHEREAS, an emergency procurement was deemed necessary for the provision of litter waste collection services; and WHEREAS, the City entered into a Professional Services Agreement ("PSA") with JMP Group for the provision of litter waste collection services attached and incorporated as Exhibit "B' and WHEREAS, JMP Group will continue provide litter waste collection services until the Agreement is terminated or a competitive solicitation is issued, evaluated and awarded; and WHEREAS, the City Manager, pursuant to Section 18-90 of the City Code, retroactively approved an emergency finding, waiving competitively sealed bidding procedures for this emergency. 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. By a four -fifths (4/5ths), affirmative vote, pursuant to Section 18-90 of the City of Miami Code, as amended, the City Manager's emergency findings, attached and incorporated as Exhibit "A", are retroactively ratified, confirmed and approved, the requirements for competitive sealed bidding procedures are waived, and the emergency selection of JMP Group for the provision of litter waste collection services from JMP Group is approved. Section 3. Authorizing the City Manager to negotiate and execute any and all documents, including any amendments, modifications or addition of services to the attached and incorporated PSA Exhibit "B", subject to all allocations, appropriations and budgetary approvals having previously made, 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 all applicable laws, rules and regulations, as may be deemed necessary for said purpose. {1} Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: 17.7 GEORGE K. WYSONG III CITY ATTORNEY .. Footnote {1} This resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later. {2} 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. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17812 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; RETROACTIVELY APPROVING THE SELECTION OF JMP GROUP LLC, ("CONTRACTOR") FOR THE PROVISION OF LITTER WASTE COLLECTION SERVICES (CITYWIDE) ("SERVICES") FOR AN APPROXIMATE AMOUNT OF $1,668,092.20 FOR FY24-25 AND $1,292,000.00 FOR FY25-26; RETROACTIVELY AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "B," WITH CONTRACTOR FOR THE PROVISION OF THE SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, 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, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the Department of Solid Waste ("Solid Waste") has a need for the provision of litter waste collection services (Citywide) ("Services") in response to the environmental and health challenges the City faces on a daily basis due to, Florida weather conditions such as hurricanes, tropical storms, King Tide and rain events that threaten the environment and quality of life of City of Miami residents; and WHEREAS, Litter waste collection services will serve the needs of City residents by promoting health and safety, aesthetic appeal, and tourism, and property values, while promoting the need to meet the NPDES National Pollutant Discharge state requirements; and WHEREAS, the City Manager pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), made a written finding, attached and incorporated as Exhibit "A" ("City Manager's Findings"), that an emergency exists and approved an emergency purchase request by Solid Waste of the Services from Contractor to prevent further harm to City property and residents; and WHEREAS, JMP Group LLC ("Contractor") has offered to provide the Services on an ongoing basis for the duration of the emergency at the rates specified in the agreement attached and incorporated as Exhibit "B" ("Agreement") until terminated or a competitive solicitation is issued, evaluated and awarded; and WHEREAS, the City Commission desires to ratify, confirm, and approve, the City Manager's Findings and retroactively authorize the City Manager to execute the Agreement with Contractor to protect the life, health, welfare and convenience of the City; 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. By a four -fifths (4/5ths), affirmative vote, pursuant to Section 18-90 of the City Code, the City Manager's Findings are hereby ratified, confirmed and approved, the requirements for competitive sealed bidding procedures are waived, and the selection of Contractor for the emergency purchase of the Services for an approximate amount of $1,668,092.20 for Fiscal Year 2024-2025 and $1,292,000.00 for Fiscal Year 2025-2026 is approved. Section 3. The City Manager is retroactively authorized' to execute the Agreement, in substantially the form attached hereto as Exhibit "B," with Contractor for the provision of the Services. Section 4. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, modifications, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and compliance with applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge - . Wyi ng III, C y -ttor -y 11/7/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.