Miami-Dade Legislative Item
File Number: 151858
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File Number: 151858 File Type: Resolution Status: Adopted
Version: 0 Reference: R-878-15 Control: Board of County Commissioners
File Name: RECYCLING AT COUNTY OWNED FACILITIES Introduced: 8/12/2015
Requester: NONE Cost: Final Action: 10/6/2015
Agenda Date: 10/6/2015 Agenda Item Number: 11A6
Notes: Title: RESOLUTION DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO EXAMINE AND PREPARE A REPORT REGARDING RECYCLING AT COUNTY OWNED FACILITIES AND DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO PLACE THIS REPORT ON AN AGENDA OF THE BOARD; DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO DEVELOP CONTINGENCY PLANS TO ENSURE CONTINUITY OF RECYCLING AT COUNTY FACILITIES; AND DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO DEVELOP TRAINING AND EDUCATION PROGRAMS FOR COUNTY EMPLOYEES
Indexes: COUNTY FACILITIES
  RECYCLING
Sponsors: Daniella Levine Cava, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed

Legislative History
Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail
Board of County Commissioners 10/6/2015 11A6 Adopted P
Metropolitan Services Committee 8/26/2015 2D Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the title of the foregoing proposed resolution into the record. It was moved by Commissioner Heyman that the foregoing proposed resolution be forwarded to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Commissioner Edmonson, followed by discussion. Commissioner Levine Cava noted the lack of recycling in County buildings for more than a year because the recycling service had been in default, and the absence of a contingency plan. She said that the foregoing proposed resolution requested a plan to address the deficiency in the County’s recycling program and the development of a contingency plan. Chairwoman Jordan commended Commissioner Levine Cava for bringing forth the foregoing proposed resolution. She asked staff to provide information on the penalties that were included in the contract. Ms. Miriam Singer, Internal Services Department (ISD), indicated that the penalties included breach, re-procurement costs, and debarment; and all three were being pursued with regard to the former vendor. Pursuant to a number of questions by Chairwoman Jordan, Ms. Singer stated that this situation had been going on since 2014; the department tried to put the company on a performance improvement plan; there was a slight improvement for a short time, but the situation deteriorated; and the department had to address piece-meal some of the more critical areas (such as Aviation and LEED-certified buildings). Ms. Singer said she was pleased to report that staff had gathered all of the requirements in order to issue a new competitive solicitation to replace the vendor. She confirmed that the contract had a project manager and that there was significant documentation citing the company. She noted both ISD and the Regulatory and Economic Resources Project Manager monitored the contract, and attempted to ensure compliance; however, when these efforts failed the departments pursued termination of the contract, and were currently pursuing debarment. Ms. Singer stated that after the vendor was terminated, he filed for bankruptcy; and the County filed a claim for damages in bankruptcy court. Chairwoman Jordan requested a chronology report from ISD on actions taken to address the non-performance of the contract by the vendor. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution, as presented.
County Attorney 8/12/2015 Assigned Oren Rosenthal 8/12/2015
County Attorney 8/12/2015 Referred Metropolitan Services Committee 8/26/2015
Legislative Text

TITLE
RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO EXAMINE AND PREPARE A REPORT REGARDING RECYCLING AT COUNTY OWNED FACILITIES AND DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO PLACE THIS REPORT ON AN AGENDA OF THE BOARD; DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO DEVELOP CONTINGENCY PLANS TO ENSURE CONTINUITY OF RECYCLING AT COUNTY FACILITIES; AND DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO DEVELOP TRAINING AND EDUCATION PROGRAMS FOR COUNTY EMPLOYEES

BODY
WHEREAS, the protection of the County�s natural resources is critical to preserving both the economic viability of the County as well as the ability of the County to sustain a growing population; and
WHEREAS, recycling is one of the best ways to protect the County, State, and Nation�s natural resources and contribute to a more sustainable economy; and
WHEREAS, recycling diverts waste materials from landfills and instead creates a source of raw materials for new products useful to the community; and
WHEREAS, manufacturing new products from recycled materials often takes less energy and prevents the unnecessary consumption of virgin raw materials; and
WHEREAS, the Board desires to utilize recycling to the fullest extent possible at all County facilities; and
WHEREAS, recycling programs are necessary requirements of Leadership in Energy and Environmental Design (LEED) certification of County facilities; and
WHEREAS, consistent with the County�s Sustainable Building Program, the County desires to maintain LEED certification on County facilities; and
WHEREAS, on October 1, 2013, the Board approved Resolution No. R-805-13 awarding a contract to provide recycling services at County facilities to Ecological Paper Recycling, Inc. for the implementation of comprehensive recycling services at nearly 500 County facilities; and
WHEREAS, Ecological Paper Recycling, Inc. began failing to perform on its contractual obligations in early 2014 and continued to fail in meeting its contractual obligations to provide recycling services through 2015; and
WHEREAS, the County does not have contingency plans to maintain recycling services at County facilities, including LEED certified County facilities, during periods of vendor non-performance; and
WHEREAS, the failure of the Ecological Paper Recycling, Inc. to perform under the contract and the County�s lack of contingency plans to maintain recycling services has led to the County unnecessarily disposing of recyclable materials as trash; and
WHEREAS, even when vendors are adequately performing on County recycling contracts, County employees and cleaning services vendors do not fully make use of available recycling opportunities; and
WHEREAS, the diversion of recyclable materials perpetuates the all-too-common perception that recyclable materials are sent to the landfill instead of repurposed as new raw material; and
WHEREAS, this failure has harmed the environment, increased costs to the County and damaged our reputation as a leader in sustainability; and
WHEREAS, this Board desires that Miami-Dade County government facilities have continuous, uninterrupted recycling services,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Mayor or Mayor�s designee is directed to examine and prepare a report detailing: (1) the performance of Ecological Paper Recycling, Inc. and the steps that the administration has taken to enforce the provisions of the contract approved by Resolution No. R-805-13; (2) the current state of recycling at all County facilities; (3) the current status of any potential replacement contract to provide recycling services to County facilities; (4) the cleaning services vendors� compliance with contractual provisions that require proper collection of recycled materials; and (5) any recommendations for Board action to improve recycling at County facilities. The Mayor or Mayor�s designee is directed to provide the report to this Board within 30 days of the effective date of this resolution and place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65 at the next scheduled meeting.
Section 2. The Mayor or Mayor�s designee is further directed to develop contingency plans to ensure continuation of recycling services at County facilities in the absence of a recycling vendor, or in instances of vendor non-performance, including but not limited to the mobilization of the Public Works and Waste Management Department to provide recycling at County facilities.
Section 3. The Mayor or Mayor�s designee is further directed to develop training and education programs for County employees on the benefits of recycling and how to ensure the correct items are recycled.


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