RE.1 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER’S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT “A,” THAT AN EMERGENCY EXISTED REQUIRING THE IMMEDIATE PROCUREMENT OF RECYCLING MATERIAL DISPOSAL AND PROCESSING (THE “SERVICES”), AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER’S EXECUTION OF THE SERVICE AGREEMENT, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT “B,” WITH WASTE MANAGEMENT INC. OF FLORIDA (“CONTRACTOR”) FOR THE EMERGENCY PURCHASE OF THE SERVICES ON AN AS-NEEDED BASIS AT AN APPROXIMATE RATE OF ONE HUNDRED FORTY-THREE AND 99/100 DOLLARS ($143.99) PER TON FOR AN INITIAL TERM OF EIGHTEEN (18) MONTHS WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL SIX (6) MONTH PERIOD; ALLOCATING FUNDS FROM TH...

WHEREAS, the Department of Solid Waste (“Solid Waste”) collects residential single-stream recyclable materials (“Program Materials”) that must be delivered to a recycling facility for receipt, disposal, and processing; and WHEREAS, the City’s previous recycling vendor suspended services and is no longer accepting recycling loads, creating an urgent need to maintain uninterrupted recycling services for residents and to avoid the environmental and public health concerns associated with accumulated recyclable materials; and WHEREAS, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended (“City Code”), the City Manager is authorized to make an emergency procurement when the delay incident to complying with all governing rules, regulations, and/or procedures would be detrimental to the life, health, welfare, safety, or convenience of the City and/or its residents; and WHEREAS, the City Manager made an emergency finding, attached and incorporated as Exhibit “A” (the “Emergency Finding”), that such an emergency existed and that the immediate procurement of recyclable materials disposal and processing services (the “Services”) was necessary, and the Director of the Department of Procurement concurred in the Emergency Finding and in the waiver of competitive sealed bidding procedures; and WHEREAS, because the emergency procurement exceeds Twenty-Five Thousand and 00/100 Dollars ($25,000.00), the Director of the Office of Management and Budget has certified, as set forth in Exhibit “A,” that funds to cover the emergency purchase are available, in accordance with Section 18-90 of the City Code; and WHEREAS, Waste Management Inc. of Florida (“Contractor”) has the capacity and operational readiness to receive, accept, and process the Program Materials collected by the City; and WHEREAS, the City and Contractor entered into a Service Agreement, Contract No. EMG 24-25-005, attached and incorporated as Exhibit “B” (the “Agreement”), pursuant to which Contractor provides the Services at an approximate cost of One Hundred Forty-Three and 99/100 Dollars ($143.99) per ton (estimated at eight thousand (8,000) tons per year or an estimated $1,151,920.00 annually), for a term of eighteen (18) months with an option to renew for one (1) additional six (6) month period upon the mutual agreement of the parties; and WHEREAS, the City Commission wishes to ratify, confirm, and retroactively approve the City Manager’s Emergency Finding, the waiver of competitive sealed bidding procedures, the emergency procurement of the Services from Contractor, and the City Manager’s execution of the Agreement, all pursuant to Section 18-90 of the City Code; 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 Emergency Finding, attached and incorporated as Exhibit “A,” that an emergency existed requiring the immediate procurement of the Services for Solid Waste, and waiving the requirements for competitive sealed bidding procedures is ratified, confirmed, and retroactively approved. Section 3. The City Manager’s execution of the Agreement, attached and incorporated as Exhibit “B,” with Contractor for the emergency purchase of the Services on an as-needed basis at an approximate rate of One Hundred Forty-Three and 99/100 Dollars ($143.99) per ton for an initial term of eighteen (18) months with an option to renew for one (1) additional six (6) month period is ratified, confirmed, and retroactively approved. Section 4.  The City Manager is authorized to negotiate and execute any and all other documents, including any amendments, modifications, or 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, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Section 5.  Funds to be allocated from the Solid Waste Account Fund Code 04001.213040.549000.0000.00000, or other legally available funding sources, subject to the availability of funds and budgetary approval at the time of need. Section 6. This Resolution shall become effective immediately upon its adoption.