HomeMy WebLinkAboutAddendum No. 2GLI NN IMARCOS
Chic( Prucuremc ill OiTicer
T'-ttv of ART -ami
ADDENDUM NO. 2
RFQ No. 222246 July 30, 2010
('ARlJ)S A. i IGOYA
Cit. Manaeer
Request for Qualifications (RFQ) for Commercial Solid Waste Hauling Services
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned
RFQ, and shall become an integral part of the Contract Documents. The remaining provisions are now in effect and
remain unchanged. Please note the contents herein and reflect same on the documents you have on hand.
The closing date and time for this RFQ has been extended. The new closing date and time is:
• Monday, August 9, 2010 at 2:00 p.m.
ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME.
� �er
Glenn Marcos, CPP PPB, FCPM, FCPA
Director/Chief Procurement Officer
GM/L�R/yg
c: Bid File
Page I
GLENN MARCOS
Chief Procurement Officer
ffimlj of 'fifiami
ADDENDUM NO. 1
RFQ No. 222246 July 22, 2010
CARLOS A. MIGOYA
CAN, Manaeer
Request for Qualifications (RFQ) for Commercial Solid Waste Hauling Services
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned
RFQ, and shall become an integral part of the Contract Documents. The remaining provisions are now in effect and
remain unchanged. Please note the contents herein and reflect same on the documents you have on hand.
The closing date and time for this RFQ has been extended. The new closing date and time is:
• Monday, August 2, 2010 at 2:00 p.m.
ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME.
GM/CR/yg
c: Bid File
Sincerely,
C I MG�
lenn rcos, C PO, CPPB, FCPM, FCPA
Director/C ief Pr curement Officer
Page 1
OP City of Miami
* INCORP ORATED * Request for
�ID 96 4~4� Qualifications (RFQ)
� C)
RFQ Number:
Title:
Issue Date/Time:
RFQ Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date./Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E -Mail Address:
Buyer Facsimile:
Purchasing Department
Glenn Marcos, CPPD, CPPB, Director/Chief Procurement Officer
Miami Riverside Center
444 SW 2"d Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: http://miamigov.com/procurement
222246
Request for Qualifications for
Commercial Solid Waste Hauling
Services
01-JUL-2010
07/26/2010 @ 14:00:00
None
Tuesday, July 13, 2010 at 4:00 PM
Gonzalez, Yusbel
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
YGonzalez@ci.miami.fl.us
(305) 400-5104
Page 1 of 34
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS:--
PHONE:,
DDRESS:_PHONE:
EMAIL:
SIGNED BY:
TITLE:
W
BEEPER:
DATE:
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 34
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Address:
City, State, and Zip Code:
Telephone Number:
Fax Number:
E-mail Address:
Contact Person (First and Last Name):
Business Tax Receipt / Occupational License Number:
Business Tax Receipt / Occupational License Issuing Agency:
Business Tax Receipt / Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
Page 3 of 34
10032 (Section IS- 105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.": Yes or No
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Page 4 of 34
Line: 1
Description: Commercial Solid Waste Hauling Services
Category: 96239-00
Unit of Measure:
Unit Price: $ Number of Units: Total: $
Page 5 of 34
Req, ' for 0uaUficudoou(RFV)
222246
Tabic vfContents
Termsand Conditions ......... .............................................. .................................. ..............
—....... ......... --J
LGeneral Conditions ---_-------------------------------.--.-7
Ll.GENERAL TERMS AND CONDITIONS --------------------------7
2.Special Conditions ............................................ ............. .................................................................
24
2lPURPOSE -------'_--------------------------------.24
2.2. DEADLINE FOR RECEIPT 0FREQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION ------------------------------.24
2.lTERM 0F FRANCHISE AGREEMENT --------------------------24
2.4.CONDITIONS FOR RENEWAL ------------------------------24
2lMINIMUM QUALIFICATIONS OFyD0y0D£R(S) ...................
2.6. PERMITS AND LICENSES --------------------------------'25
2.7. LEGAL REQUIREMENTS --------------------------------'25
2.8. PERFORMANCE ----'_-------------------------.---'25
2.9. WORK ASSIGNMENTS ----------------------------------25
2.}0.USE 0F SUBCONTRACTORS ----------------------------'25
2.11. ASSIGNMENT -----------------_-------------'--'26
2.12. INSURANCE REQUIREMENTS ----------------------------'26
2l3.HOLD HARMLESS ------------------------------------28
2.14. ---------------------.28
2.15. CONTRACT ADMINISTRATOR ----------------------------'28
2.16. PERFORMANCE BOND REQUIREMENTS ...................................
... '........... .............. 28
2.17. USE OFPREMISES -----------------------------------'28
2]8. LABOR, SUPERVISORS, EQUIPMENT AND MATERIALS -------------'28
2JV.EMPLOYEES ARE RESPONSIBILITY UF QDALIFIEDPD0P0SBD(8) -------.28
220. FRANCHISE AGREEMENT -------------------------------.2y
221. LIMITED AGREEMENT EXTENSION -------------------------29
222.DAMAGES T0 PROPERTY --------------------2g
223.SAFETY MEASURES ----------------------------------'29
2.24.----------------------------------'2y
22j.ADDITIONAL TERMS AND CONDITIONS ----------------------.3O
226. PRIMARY CLIENT (FIRST PRIORITY) ------------------------'.
30
227. —'---------_----------------'.
30
228. ADDITIONAL SERVICES -------------------------------'30
229. ADDITIONAL QUALIfIBDfR0P03ER(S) -----------------------30
2]O.AUDIT Al«DINSPECTION RIGHTS --------------------------.
30
2.3l.TRUTH DN NEGOTIATION CERTIFICATE ----------------'----..
32
3. Specifications -------------------------------------------'33
3.1. OF WORK -------------_----------..
33
4. Submission ------------------------------.
34
4.LSUBMISSION REQUIREMENTS -----------------------------.34
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Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://ww",.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, docmnents, papers and records pertinent to the Contract for
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three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
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Req, for Qualifications (RFQ)
222246
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. if sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand naives, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory infonnation sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local govermnents are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
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B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
unposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or
pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Cornmission during a duly
noticed public meeting, or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject sarne to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Cormnission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
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This language is only a surunary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be bome by the
Bidder(s)/Prop os er(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Parry, and after reasonable opportunity for such part), to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
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(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debanment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an ass bamnent for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terns of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.25. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the fon-nal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non-responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Conunission, unless otherwise specified in the Special Terns
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidders)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Conunission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
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1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the cotmnodities/services defined
within the scope of this fonnal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given atnount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terns and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or fine which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance,
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C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the ternls and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so maybe cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, ternis, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.35. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (LJDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
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training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM"'AGE - The Constitution of the State of Florida, Article Y, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by laws;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy infonnation practices including specifically, a description of the types of uses and disclosures that
would be made with protected health inforimation.
1.43. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemmnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
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investigation.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perforin such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the perfonnance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
fumished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Infonnation regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miarni, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
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152. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as detennined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including perfonnance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formai Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times retrain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
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1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits nonnally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to retrain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
cormection with, the award of this Contract.
1.65. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terns in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
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acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the teen of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perforin work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials famished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
fonnal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than 525,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
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(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 15-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
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neither a Saturday, Sunday or legal holiday. Intennediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Conunission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager snakes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or 55000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the tern of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under- and by virtue of written
pennission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your frrrn has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price: failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
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the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non-responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US] SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Govenunent. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to tenninate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PA17MENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
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specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 2l 8.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for a Franchise Agreement for Cormnercial Solid
Waste Hauling Services, as specified herein, from a source(s) of supply that will give prompt and efficient
service fully compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Yusbel Gonzalez; fax: (305) 400-5104 or email: ygonzalez@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Tuesday, July 13, 2010 at 4:00 PM. All responses to questions will be sent to all prospective
bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY
OR AFTER SAID DEADLINE.
2.3. TERM OF FRANCHISE AGREEMENT
The Proposer(s) qualified and selected to provide the service(s) requested herein (the "Qualified
Proposer(s)") shall be required to execute a Franchise Agreement ("Agreement') with the City, which shall
include, but not be limited to, the following terms:
A. The initial term of the Agreement shall be for five (5) years.
B. The City shall have the option to extend the Agreement for up to three (3) additional one (1) year
periods, at its sole discretion.
C. Extension of the term of the Agreement beyond the initial period is an option of the City to be
exercised in its sole discretion and does not confer any rights upon the Qualified Proposer(s). It should be
noted that any Qualified Proposer(s) that is not renewed for any of the option periods, will not be allowed
to operate within the City limits.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions
established herein.
2.5. MINIMUM QUALIFICATIONS OF PROPOSER(S)
In order to qualify, Prospective Proposer shall agree to adhere to all requirements as set forth in the
Franchise Agreement as it may exist, as specified in the attached Draft form, and in its final form.
Additionally, prospective haulers shall meet all of the following minimum qualification requirements and
provide any and all required documentation pursuant to the sarne.
The following requirements shall be met by a Prospective Proposer in order to be deemed "qualified" to
provide said services. Each Prospective Proposer:
a) Shall agree to all terms, conditions, and provisions of the final Franchise Agreement, and agree to
execute the same upon being deemed qualified. (See attached Draft of the Franchise Agreement in the
Header/Notes and Attachments section of this RFQ, in the Oracle Sourcing System)
b) Shall agree to adhere, at the time of application and at all times during the period covered by the
Franchise Agreement, to all applicable Codes and Ordinances of the City, State and Federal regulations.
c) Shall not owe, or be in arrears for any sure to the City and/or under any prior/existing Agreement,
unless expressly approved by the City prior to the submission due date.
d) Shall possess equipment capable of providing safe and efficient service, and have sufficient
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personnel to perform the same.
e) If an individual, or in the case of a firm, corporation, partnership, association or organization, any
person(s) having any financial, controlling, or managing interest therein, should be of good moral
character.
fl Shall maintain proper insurance coverage as defined in accordance with Section 2.12, Insurance
Requirements, of the RFQ. The City shall be listed as an Additional Insured for liability and all insurances
must be approved by the City's Risk Management Department prior to execution of the Agreement.
g) Shall complete in full and return, along with the RFQ response, the attached Attachment
A, Attestation of Qualifications, located in the Header/Notes and Attachments Section of this RFQ in the
Oracle Sourcing system, and provide all its required information and documentation, which shall, in part,
be utilized by the City to determine qualifications.
h) Shall agree to furnish a performance bond executed by a surety company duly authorized to do
business in the State of Florida, which shall be counter -signed by an agent for the company, resident in the
State of Florida, to the Purchasing Department within ten (10) business days after receipt of the Notice of
Award and prior to final execution of the Agreement by the City.
FAILURE TO MEET ANY OF THE ABOVE MINIMUM QUALIFICATION REQUIREMENTS
AND/OR COMPLETE AND RETURN ATTACHMENT "A", ATTESTATION OF
QUALIFICATIONS, MAY DISQUALIFY A PROSPECTIVE PROPOSER FROM PROVIDING
COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI.
2.6. PERMITS AND LICENSES
The Qualified Proposer(s) shall obtain and pay for all licenses, permits, inspection fees or any other costs
that may be required to perform these services. Damages, penalties, and/or fines imposed on the City for
any Qualified Proposer's failure to obtain required licenses, permits or fines shall be borne solely by the
Proposer. Additionally, copies of all licenses required to complete this work should be included with
response to this RFQ.
Any Proposer who submits a Proposal under this RFQ and is deemed qualified to provide Commercial
Waste Hauling Services within the City of Miami jurisdictional limits, shall meet the City's Business Tax
Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Qualified
Proposer(s) shall provide a copy of the City of Miami's Business Tax Receipt to the Purchasing
Department within ten (10) business days after receipt of Notice of Award.
2.7. LEGAL REQUIREMENTS
This RFQ is subject to all applicable federal, state, county and local laws, ordinances, rules and regulations
that in any manner affect any and all of the services covered herein. Lack of knowledge by the Qualified
Proposer(s) shall in no way be cause for relief from responsibility.
2.8. PERFORMANCE
The Qualified Proposer(s) will be responsible for perfonning the work necessary to meet City standards in
a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the
work, and complying with all federal and state laws, and all ordinances and codes of the City relating to
such work.
2.9. WORK ASSIGNMENTS
All work assignments during the Agreement period will be on an "as needed" basis, complying with
notification requirements. The City offers no guarantee as to the number or frequency of work assignments
under the terns of this Agreement.
2.10. USE OF SUBCONTRACTORS
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The Qualified Proposer shall not, at any time during the tenure of the Agreement, subcontract any part of
his/her operations or assign any portion or part of the Agreement, to Subcontractor(s) except under and by
virtue of pennission granted by the City through the proper officials in writing.
Nothing contained in this RFQ shall be. construed as establishing any contractual relationship between any
subcontractor and the City.
The Qualified Proposer shall be fully responsible to the City for all of the acts and omissions of any
subcontractor and their employees for the performance of work under this RFQ, and for any acts and
omissions of persons employed by Qualified Proposer.
2.11. ASSIGNMENT
The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or
in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority
of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of
creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring
prior City approval.
Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment
without the City's consent shall be null and void. The Contractor shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
from any proposed assignee and the execution of an assignment/ assumption agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Contract and to the partners, successors, legal representatives
and assigns of such parry in respect to all covenants of this Agreement.
The term "Contractor" shall have the same meaning as "Franchisee ".
2.12. INSURANCE REQUIREMENTS
INDEMNIFICATION
Qualified Proposer(s) shall pay on behalf of, indemnify and save City and its officials ham7less, from and
against any and all claims, liabilities, losses, and causes of action, which may arise out of proposer's
performance under the provisions of the contract, including all acts or omissions to act on the part of
proposer, including any person performing under this Contract for or on proposer's behalf, provided that
any such claims, liabilities, losses and causes of such action are not attributable to the negligence or
misconduct of the City and, from and against any orders, judgments or decrees which may be entered and
which may result from this Contract, unless attributable to the negligence or misconduct of the City, and
from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such
claim, or the investigation thereof.
The Proposer(s) shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below:
(1) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
Waiver of subrogation
Employer's Liability
5500,000 for bodily injury caused by an accident, each accident
5500,000 for bodily injury caused -by -disease, each employee
$500,000 for bodily injury caused by disease, policy liinit
(2) Commercial General Liability (Primary & Non Contributory):
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: $ 1.000.000.
General Aggregate Limit: $2,000.000.
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Products/Completed Operations: $1,000.000.
Personal and Advertising Injury: $ l .000,000.
B. Endorsements Required:
City of Miami included as an Additional insured.
Contingent and Contractual Liability
Premises and Operations Liability
Employees included as insured's.
(3) Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit.
Including Owned, Hired, Borrowed or Non -Owned Autos
Any One Accident: $1.000.000.
B. Endorsements Required:
City of Miami included as an Additional Insured
(4) Umbrella Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence Limit: $1.000.000.
Aggregate Limit: $1.000,000.
(5) Performance Bond/Irrevocable Letter of Credit in the amount of $35.000
City included as obligee on the bond and sole beneficiary on the letter of credit.
The above policies shall provide the City of Miami with written notice of cancellation in accordance
to policy provisions
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the proposer.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the proposer of his/her liability and
obligation under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Proposer shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(1) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Request for Qualifications.
(2) The City -may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Proposer in conjunction with the General and Special Terms and Conditions of the
Request for Qualifications.
The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with
this Section remain in force for the duration of the contractual period; including any and all option terms
that may be granted to the Proposer.
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2.13. HOLD HARMLESS
The Qualified Proposer(s) shall hold harmless and indemnify the City for any errors in the provision of
services and for any fines, which may result from the fault of the Qualified Proposer(s) and as stated in the
previous section entitled Insurance Requirements.
2.14. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.15. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Frederick Hobson, Director of the Department
of Solid Waste, who shall be designated as the Contract Administrator.
2.16. PERFORMANCE BOND REQUIREMENTS
The Qualified Proposer (s) agrees to maintain, for the term of this Agreement, a Performance Bond,
executed by a surety company duly authorized to do business in the State of Florida, which shall be
counter -signed by an agent for the company, resident in the State of Florida. The amount of the bond shall
be equal to the Qualified Proposer's previous 12 month franchise fees paid to the City (including the annual
franchise fee, monthly 24% franchise fee, annual per account fee, and any other franchise fees paid to the
City) or a minimum of 535,000, whichever is greater, as security for the faithful performance of the
Franchise Agreement. The surety shall have a rating classification of "A-" and a financial category of Class
V as evaluated in the current Best's Key Rating Guide, Property Liability. City of Miami shall appear
listed as obligee. In lieu of a Performance Bond, the Qualified Proposer may submit an Irrevocable Letter
of Credit, cash, certified check, treasurer's or cashier's check issued by a responsible bank or trust company
payable to the City of Miami.
The Performance Bond, in a form acceptable to the City, shall be submitted together with four (4)
original signed copies of the Franchise Agreement and an approved insurance certificate(s), listing
the City as Additional Insured, to the Purchasing Department within ten (10) business dai's after
receipt of Notice of Award, and prior to final execution of the Agreement by the City.
NOTE: Performance Bonds placed under the current Commercial Waste Hauling Services Franchise
Agreement # 03-04-107 cannot be rolled over or transferred to the new Commercial Solid Waste Franchise
Agreement solicited through RFQ 222246. This is a new solicitation process and current and new franchise
holders are required to meet the performance bond requirement. Once the new Franchise Agreement is
full), executed, the performance bonds submitted under the Commercial Waste Hauling Services Franchise
Agreement # 03-04-107 will be returned to the respective franchisees.
2.17. USE OF PREMISES
The Qualified Proposer(s) shall confine his/her equipment, apparatus, the storage of materials, and the
operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project
manager, and shall not unreasonably encumber the premises with his/her materials. The Qualified
Proposer(s) shall take all measures necessary to protect his own materials.
2.18. LABOR, SUPERVISORS, EQUIPMENT AND MATERIALS
The Qualified Proposer(s) shall furnish, at his/her own expense, all personnel, supervision, equipment,
materials and supplies necessary for the satisfactory completion of the services specified in this RFQ.
2.19. EMPLOYEES ARE RESPONSIBILITY OF QUALIFIED PROPOSER(S)
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All employees of the Qualified Proposer(s) shall be considered to be, at all times, the sole employees of the
Qualified Proposer(s) under its sole direction and not an employee or agent of the City.
All applicable taxes, fringe benefits, and training for all personnel for the performance under the
Agreement shall be the sole responsibility of the Qualified Proposer(s).
2.20. FRANCHISE AGREEMENT
Although the purpose of this RFQ is to secure an Agreement that can satisfy the total needs of the City or
of a specific City agency, it is hereby agreed and understood that this solicitation does not constitute the
exclusive rights of the Qualified Proposer(s) to perform all the services that may be generated by the City
in conjunction with this Solicitation, when deemed to be in the City's best interests to establish a separate
contract to provide said services.
2.21. LIMITED AGREEMENT EXTENSION
Any specific work assignment which conunences prior to the termination date of the Agreement and which
will extend beyond the termination date shall, unless terminated by mutual written agreement by both
parties, continue until completion at the same rates, terns and conditions as set forth herein.
2.22. DAMAGES TO PUBLIC/PRIVATE PROPERTY
Qualified Proposer(s) shall carry out the work with such care and methods as not to result in damage to
public or private property adjacent to the work. Should any public or private property be damaged or
destroyed, the Qualified Proposer, at his/her expense, shall repair or make restoration as is practical and
acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length
of time. (Not to exceed one month from date damage was done).
2.23. SAFETY MEASURES
Qualified Proposer(s) shall take all necessary precautions for the safety of employees, and shall erect and
properly maintain at all times all necessary safeguards for the protection of the employees and the public.
Danger signs warning against hazards created by his/her operation and work in progress must be posted.
All employees of the Qualified Proposer(s) shall be expected to wear safety glasses or goggles, appropriate
clothing, and hearing protection when and wherever applicable. The Qualified Proposer(s) shall use only
equipment that is fully operational and in safe operating order. Qualified Proposer(s) shall be especially
careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease
until it is safe to proceed.
2.24. TERMINATION
A. FOR DEFAULT
If Qualified Proposer(s) defaults in its performance under this Contract and does not cure the default
within 14 days after written notice of default, the City Manager may tenninate this Contract, in whole or in
part, upon written notice without penalty to the City of Miami. In such event the Qualified Proposer(s) shall
be liable for damages including the excess cost of procuring similar supplies or services: provided that if,
(1) it is determined for any reason that the Qualified Proposer(s) was not in default or (2) the Qualified
Proposer's failure to perform is without his or his subcontractor's control, fault or negligence, the
termination will be deemed to be a tennination for the convenience of the City of Miaini.
B. FOR CONVENIENCE
The City Manager may tenninate this Contract, in whole or in part, with or without cause, upon 30 days
prior written notice. If this Contract is for supplies, products, equipment, or software, and so tenninated for
the convenience by the City of Miami the Qualified Proposer(s) will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City
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of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for
those services rendered prior to termination.
2.25. ADDITIONAL TERMS AND CONDITIONS
No additional tenns and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.26. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its
primary client and shall be serviced first during a schedule conflict arising between this contract and any
other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform
similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe stonns or any
other public emergency impacting various areas during or approximately the same time.
2.27. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will be allowed. Written modifications shall not be allowed following the proposal
deadline.
2.28. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.29. ADDITIONAL QUALIFIED PROPOSER(S)
It is expressly agreed that in no event shall the City be liable or responsible to the Qualified Proposer(s) or
its customers for delay or temporary interruption in service because of disputes between the parties or any
cause over which the City has no control. In the event of any condition which makes performance of
contracts entered into under the terms and conditions of this Agreement impossible, Qualified Proposer(s)
agrees that the City shall have the right to invite, notify, and qualify other Prospective Proposers of the
opportunity to provide collection and disposal services.
In addition, Qualified Proposer(s) agree that the City has the right to add additional Qualified
Proposer(s), (in the event any of the Proposers are cancelled, terminated, or the Proposers otherwise cease
to do business or provide adequate service within the City), who meet all requirements of applicable laws,
codes, rules and regulations and will execute City furnished Agreements, to provide collection and
disposal services, as determined necessary by the City, through the duration of the contract in order to
insure availability and expediency of services. Each proposer who seeks to be added to the Commercial
Solid Waste Hauling Services contract shall be evaluated, consistent with the requirements of this RFQ, to
determine qualifications.
2.30. AUDIT AND INSPECTION RIGHTS
The City may, at reasonable times, and for a period of up to five (5) years following the date of final
payment by the Qualified Proposer(s) to City under this Agreement, audit, or cause to be audited, those
books and records of Qualified Proposer(s) which are related to Qualified Proposer's perfonnance under
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this Agreement. Qualified Proposer(s) agrees to maintain all such books and records at its principal place
of business for a period of five (5) years after final payment is made under this Agreement.
City shall have the following inspection and audit rights as provided in § 18-101 and § 18-102 of the City
Code:
15-101 . Inspections
(a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect
goods or services at the facilities of the contractual party and perform tests to determine whether they
conform to solicitation requirements contained in invitation for bids or requests for proposals or, after
award, to the terms and conditions of the contract. Such inspections and tests shall be performed in
accordance with the terms and conditions of the solicitation and contract.
(b) Procedures for tests and inspections.
(1) The chief procurement officer may specify general operational procedures governing the test and
inspection of all goods or services, sales or leases being performed under city contract by city
departments, offices and individual purchasing agents.
(2) The chief procurement officer shall inspect or supervise the inspection of all deliveries of
supplies, materials, equipment, contractual services or perfonnance under lease agreements to
determine conformance with the terms and conditions upon which the order or contract was based.
Any purchasing agent or department may be authorized by the chief procurement officer to inspect
deliveries or contract perfonnance in the manner stipulated with the approval of the city manager.
(3) The chief procurement officer may prescribe chemical, physical and other performance tests for
goods or services, including samples submitted with bids or offers and samples of deliveries and
performance to determine their quality and conformance with the terms and conditions of the
solicitation or contract. In the performance of such tests or inspections, the chief procurement officer
shall have the authority to make use of the laboratory facilities of any department of the city or any
outside laboratory or special expertise available to evaluate service performance.
(c) Conduct of inspections. Whenever possible, inspections and tests shall be performed so as not to
unduly delay or inconvenience the contractual parties. Contractual parties shall make available at no
charge to the city all reasonable facilities and assistance, in order to facilitate the performance of
inspections or tests by city representative.
(Ord. No. 12271, §2, 8-22-02)
15-102 . Audits.
(a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect
the books and records of contractual parties to determine conformance with the solicitation
requirements contained in the invitation for bids or request for proposals or, after award, with the terns
and conditions of the contract.
(b) Procedures for audits.
(1) The chief procurement officer may specify the general procedures for inspection of books and
records and for the conduct of audits of all goods or services, sales or leases under city contracts.
(2) An audit may be required when, in respect to an actual or prospective contractual party, there is:
a. A question as to the adequacy of accounting policies or cost systems;
b. A substantial change in the methods or levels of operations;
c. Previous unfavorable experience indicating doubtful reliability of estimating, accounting or
purchasing methods;
d. A lack of cost experience due to the procurement of a new supply or service; or
e. Other evidence that an audit is in the city's best interests as determined by the chief procurement
officer, the city manager or the city commission.
(c) Conduct of audits. Whenever possible, audits shall be performed so as not to unduly delay or
inconvenience the contractual party. Contractual parties shall make available at no charge to the city all
reasonable facilities and assistance, for the convenience of the city representatives performing the
audit.
(Ord. No. 12271, § 2, 8-22-02)
The City may, at reasonable times during the term hereof, inspect Qualified Proposer's facilities and
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami (hereinafter referred to as "City") is seeking to qualify private commercial haulers
(herein referred to as "haulers" or "contractors") to enter into city-wide Franchise Agreements (hereinafter
referred to as "Agreement") to provide collection and disposal of all Commercial Solid Waste and
recyclable materials, excluding biomedical, biological, and hazardous waste, to its commercial
establishments and multifamily residences with four (4) or more contiguous living units, totaling
approximately 21,000 accounts in 34 square miles. The RFQ includes garbage, trash, specialized roll -off
and recycling services.
Extra -ordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction
and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc.), dead animals, abandoned
vehicles/boats and parts, large equipment and parts thereto will not be collected by the hauler unless
specifically required by the generator and agreed to by the hauler.
The Agreement shall enable qualified haulers to provide these services within the City for the term
specified in the Agreement. Contractor shall be responsible for seeking their own commercial accounts
within the City.
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4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
THE CITY OF MIAMI WILL ONLY ACCEPT HARD COPY RESPONSES FOR THIS RFQ.
PROPOSER MUST SUBMIT AN ORIGINAL RESPONSE ALONG WITH FIVE (5) COPIES.
The following documents should be submitted as part of the Response to this RFQ.
a) Copy of hauler's current Business Tax Receipt / Occupational License.
b) Attestation of Qualifications form, Attachment A, completed in full, signed, and notarized.
(This document is located in the Header / Notes and Attachments Section of this RFQ, in the Oracle
Sourcing System.)
c) Submission of all documentation, as a minimum, as required in the Attestation of Qualifications
form, Attachment A.
d) Certification Statement and Certifications section of the Request for Qualifications # 222246
solicitation document must be completed in full and signed.
FAILURE TO SUBMIT THE ABOVE REQUIRED DOCUMENTATION AND OTHER
REQUIRED INFORMATION MAY DISQUALIFY YOUR RESPONSE.
Note. Prospective Proposers are not required to submit along with their response an executed coPy of the
Commercial Solid Waste Franchise Agreement. Section 2.16, Performance Bond Requirements,
indicates when to submit executed copies of the Franchise Agreement.
4.2. OPTIONAL REQUEST
As part of this RFQ and as the City is receptive to new and innovative ideas, the City is providing the
option for any Proposer to submit concepts or ideas that are innovative in nature and provide for more
efficient commercial solid waste services. These innovative concepts could identify methods to accomplish
the City's goals of better City regulation, to promote greater competition, innovative or innovative services
and services to promote the beautification of the City and the health and welfare of its citizens. This section
shall not create any obligation on the City to enter into any Agreement based on the innovative idea(s), nor
include the idea(s) in the final Agreement. However, this information may, at the City's sole option, be
considered and incorporated in any final Agreement.
Page 34 of 34
ATTACHMENT A
ATTESTATION OF QUALIFICATIONS
RFQ NO. 222246
Commercial Solid Waste Hauling Services
THIS IS A MUST (FILL OUT) FORM.
FAILURE TO TIMELYAND FULLY COMPLETE AND RETURN THIS ATTACHMENT
N'ITHRESPONSE MAYA UTOMATICALLYPEEM THE PROPOSER NON
-
RESPOArSIVE.
LEGAL Name of Applicant (PROPOSER):
FULL BUSINESS Address, INCLUDING ZIP CODE of Applicant (PROPOSER):
Date:
Proposers) must answer and provide all required documentation cited below. Proposers may
use this format or may respond in another format within its Response to this RFO, so long as
all information is provided in the same order as outlined below.
1. Identification Information on Applicant
A. Name of Applicant
If the applicant is a partnership, LLC, LLP, or corporation, the name, business address
of the principal officers and stockholders(Owning 5% or more of the stock) and any
person having any financial or controlling interest in the partnership or corporation or
other business entity shall be required. Provided, however, that if the corporation is a
publicly owned corporation having more than 25 shareholders, then only the name and
business address of the local and/or State of Florida managing officer(s) shall be
required. Detail all information below or within submitted Response. The City will
be unable to determine the qualifications of a Proposer should this information not be
provided with Response and material oinissions will cause the Proposer to be deemed
non-responsive. Use a separate attached sheet indicating question numbers(s) if needed.
1 For purposes of this form Applicant shall have the same meaning as proposer. Applicant also means the business
entity( e.g. corporation, partnership, LLC, etc, et. al.) submitting this proposal.
B. Character of Applicant
The applicant, to determine qualifications for participation in the Franchise Agreement,
if an individual, or in the case of a firm, corporation; partnership, association, LLC,
organization, or other business entity any person(s) having any financial, controlling, or-
managing
rmanaging interest therein, should be of good moral character. In making such
determination, the following infonnation submitted by the applicant shall be considered:
(1) Penal History
If the applicant is an individual, a record of all convictions and the reasons
therefore shall be provided by the applicant. If the applicant is other than an
individual, then records of all convictions and the reasons therefore of the
principal controlling officer(s) or applicant shall be provided. However, in the
case of a publicly held corporation having 25 or more shareholders, only the
aforementioned information applicable to its local managing officer(s) shall be
required. Indicate convictions below, if applicable, and reasons. Also confirm the
Public Entity Crimes Statute'= does not apply to Proposer. The City will be unable
to determine the qualifications of a Proposer should this infonnation not be
provided with Response.
(2) Fingerprints
The fingerprints of the persons mentioned in this subsection, a full set of which
for each of such persons shall accompany response. Indicate from what public
agency the attached f ngerprints are provided. (The City of Miami Police
Department does not provide finge7Trint services or finge7print cards to the
general public)
(3) Business History
Indicate whether such applicant has operated a solid waste collection removal
business in this or another- state under a franchise, pen -nit or license, and if so,
where and whether such franchise, permit or license has ever been revoked , held
or found to be in default, or suspended and the reasons therefore. The City will be
unable to determine the qualifications of a Proposer should this information not be
provided with Response.
See Florida Statute §287.133,"Public entity crime", etc.
(4) Existence of Business Entity
If the applicant is a corporation or other- incorporated business entity , provide
proof of incorporation and proof of that corporation's good standing in the state of
incorporation. If applicant is a foreign corporation, applicant should submit
information or material certifying that the applicant is allowed and qualified to do
business in the State of Florida. If applicant is other than a corporation and is
operating under a fictitious name, applicant should submit information that such
fictitious name is registered under state law and held by applicant. Indicate below
that such proof is being provided to the City. The City will be unable to determine
the qualifications of a Proposer should this information not be provided with
Response. If the Applicant does business under a Fictitious Name please attach
proof of compliance with the "Fictitious Name Act" .3
2. Equipment and Method of Operation
The applicant, in order to qualify for participation in the Agreement, shall possess
equipment capable of providing safe and efficient service. In making such a
determination and approving the method of operation for each applicant, the Department
of Solid Waste shall now require the following information:
in
A. Provide the type, number and complete description of all equipment to be used by
the applicant for providing service pursuant to the Agreement in the space below
or on an attachment. The City will be unable to determine the qualifications of a
Proposer should this information not be provided with Response.
B. Provide a statement / attestation that the applicant shall use only City and/or
County -approved disposal sites for disposing of all garbage, garden trash,
industrial waste, and solid waste material which applicant collects and removes,
except those sites which heretofore have been approved by the State of Florida
Department of Environmental Protection. The City will be unable to determine
the qualifications of a Proposer should this information not be provided with
Response
Florida Statute §865.09
3. Insurance Requirements
Proposer must submit a Statement attesting that proof of insurance will be provided in a
form acceptable by the City Risk Manager within ten (10) days after receipt of Notice of
Award, and shall maintain its insurance, with the City listed as Additional Insured, in
current status throughout the duration of the Agreement. The City will be unable to
determine the qualifications of a Proposes- should this information not be provided with
Response
It should be noted that the City will be unable to determine Proposer's qualifications
should all required information requested above not be provided with Response.
Therefore, any Proposer who fails to provide any of the above will not be able to
provide services unless deemed fully qualified and approved by the City.
I hereby certify that the above information provided, and its corresponding documentation,
is true and correct. I fully understand that any false or misleading information, or
information not provided as requested by the City for the purposes of deceit or deception,
shall be grounds for the determination of being deemed "not qualified" and that I understand
that I shall have no recourse in the finding by the City.
I further certify that the undersigned is legally authorized to sign this statement on behalf of
the applicant for participation in the Agreement.
Signed:
Print Name:
Telephone No: Fax Number:
Pager No. _
Email Address:
Witnessed by: _
Date:
Notary/ Jurat
Cell Number:
Print Name:
CITY OF MIAMI
COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
THIS CITY OF MIAMI COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENT ("AGREEMENT"), made and entered into this day of , 2010
by and between the City of Miami, Florida, a municipal corporation organized and existing under
the laws of the State of Florida, (hereinafter referred to as "CITY") and
, Inc. a corporation,
qualified and authorized to do business in the State of Florida, (hereinafter referred to as
"FRANCHISEE").
WITNESSETH:
WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the Miami
City Commission which amended Chapter 22, entitled Garbage and Other Solid Waste, of the
City Code to replace regulatory permits for providing Commercial Solid Waste Services with
Commercial Franchises to qualified firms; and
WHEREAS, the City Commission has determined that it is in the best interest of the
CITY to issue a Commercial Franchise to FRANCHISEE to engage in Commercial Waste
Collection Services within the CITY; and
WHEREAS, the City Manager has determined that FRANCHISEE is qualified to serve
in the aforesaid capacity in that it has met the specifications set forth in Request for
Qualifications No. 222246 and applicable sections of the Code and Ordinances of the CITY;
and
WHEREAS, FRANCHISEE is desirous of obtaining a Franchise from the CITY to
provide Commercial Solid Waste Collection Services within the CITY as set forth herein; and
WHEREAS, the CITY believes that the Franchising of the Commercial Solid Waste
Services is in the CITY'S best interest and will result in significant cost savings, additional
revenues and better services for commercial solid waste customers; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants herein set forth and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to enter into this
AGREEMENT for furnishing Commercial Solid Waste Collection Services within the CITY, as
follows:
Citi, of Miami, Florida Commercial Solid Wasle Hauling Services RFQ 222246
ARTICLE I
GENERAL INFORMATION
1.1 Each "WHEREAS" clause set forth above is true and correct and herein incorporated by
this reference.
1.2 The ATTESTATION OF QUALIFICATIONS for Commercial Waste Hauling
Services, submitted in response to RFQ NO. 222246 by FRANCHISEE is herein
incorporated by this reference.
ARTICLE II
DEFINITIONS
Annual Specialized Waste Handling Fee shall mean the yearly fee charged by the City
to each Franchisee who operates within the City limits and collects trash, excluding
garbage. See Section 22-50(c) of the City Code.
Biomedical Waste shall mean any solid or liquid waste which may present a threat of
infection to humans, including nonliquid tissue, body parts, blood, blood products, and
body fluids from humans and other primates; laboratory and veterinary wastes which
contain human disease -causing agents; and discarded sharps. The following are also
included:
(a) Used, absorbent materials saturated with blood, blood products, body fluids, or
excretions or secretions contaminated with visible blood; and absorbent materials
saturated with blood or blood products that have dried.
(b) Non-absorbent, disposable devices that have been contaminated with blood, body
fluids or, secretions or excretions visibly contaminated with blood, but have not been
treated by an approved method.
2
City of Miami, Florida Commercial Solid Waste Hauling Services RFO 227246
Biological Waste shall mean any solid waste that causes or has the capability of causing
disease or infection and includes but is not limited to biomedical waste diseased or dead
animals, and other wastes capable of transmitting patho,,ens to humans or animals.
Cite Commission shall mean the local legislative body of the City of Miami. The City
Commission is the body that approves City Franchises. Any transfers, assignments,
amendments, conveyances, or delegations pursuant to this Agreement shall only be made
with the approval of the City Commission and in accordance with the terms in Article
XIII of this Agreement.
Director shall mean'the Director of:the Department. of Solid. -Waste.
Franchise Fee shall mean the monthly percentage of Gross Receipts remitted to the City
by each Franchisee. See Section 22-56(b) of the City Code.
Gross Receipts shall mean all monies, whether paid by cash, check, debit or credit,
collected from customers resulting from all transactions and activities in the
FRANCHISEE'S regular course of business and trade including garbage, industrial, solid
waste, used cooking oil waste, portable toilets and sanitation, environmental charges and
fees, containerized waste, enviromnental waste services (vactor), equipment rental and
leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter,
maintenance, compactors, refuse and/or rubbish collection removal and disposal services
rendered, hand bag collection, recycling, or from any other source related directly or
indirectly from waste collection services, including, without limitations, all income
derived from leasing and renting of real or tangible personal property, the use of dump
trucks, grappling trucks, roll -off trucks, trailers, roll -offs, boxed in, framed, fenced in, or
otherwise designated storage areas, etc., containers, bagsters, shoots, and any other
vehicles and equipment used for collection and disposal of any debris by the
FRANCHISEE, exclusive of taxes as provided by law, whether wholly or partially
3
City ofMiami, Florida Commercial Solid JI'asteHaulino Services KFQ 222246
collected within the CITY, less bad debts. Gross Receipts shall not include income
derived from the transportation, storage, treatment, collection, and removal of
biomedical, biological, or hazardous waste as herein defined.
Hazardous Waste shall mean any solid waste, or a combination of solid wastes, which,
because of quantity, concentration, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when unproperly transported,
disposed of, stored, treated, or otherwise managed.
Multifamily Residence shall mean and include any building or structure containing four
or more contiguous living units and intended exclusively for residential purposes. This
definition incorporates by reference the definition of Multi -family residential
establishment set forth in § 15-1, Miami -Dade County Code.
Neighborhood Cleanups shall mean periodic "intensive removal:"of litter,".debris.and other
solid waste material'°from adesignated area of the City, initiated or approved by the City,
its NET='offices and/or recognized community based organizations or associations
including" special event activities citywide:
Permit Per..Account'Fee shall mean the annual.charae assessed'by;the City each October
1, and thereafter, for'each new account and roll -off that is acquired throughout the Fiscal
Year, to FRANCHISEE, for -:every account°with whom they,°contract for the provision of
commercial- solid waste services.
Recycling shall mean anyPxocess -by which solid. waste, or materials which would
otherwise become "solid waste, are collected, separated, or processed and reused or
retuned to use in the form of raw materials or products.
Recyclable Material shall mean those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
Safety Inspection Fee shall mean a regulatory fee as referenced in Section 166.221,
Florida Statutes, which is a yearly remittance paid to the City by the Franchisee for
inspection of all vehicles that the commercial haulers will use to conduct business of
whatever source within the City boundaries.
Specialized Waste Handling Services shall mean the collection and disposal of solid
waste that requires special handling and management, including, but not limited to white
goods, waste tires, used oil, lead -acid batteries, construction and demolition debris, ash
residue and biomedical and biological waste. It should be noted that these are
Franchisees that are in the roll -off collection business and do not collect garbage.
ARTICLE III
GRANTEE
Cin, ofMian i, Florida Commercial Solid Waste Hauling Services RFO 222246
3.1 The CITY grants unto the FRANCHISEE the continued right and privilege, with related
obligations, to provide commercial solid waste services in, under, upon, over and across
the present and future streets, alleys, bridges, easements, public rights-of-way and other
public places within the CITY boundaries, present and future, for contracted multifamily,
commercial business, governmental, religious, educational, profit and non-profit agencies
and/or property owners for solid waste collection and disposal services.
3.2 The CITY further grants unto the FRANCHISEE the right and privilege, with related
obligations, to provide solid waste collection and disposal services for construction,
demolition and renovation sites located within the CITY on a contracted basis.
ARTICLE IV
OBLIGATIONS OF FRANCHISEE
4.1: FRANCHISEE shall be .responsible for the: collection and disposal of all Commercial
Solid °Waste and recyclable;materials, excluding biomedical, (`.biologicall-land-hazardous
waste 'Extraordinary material unacceptable .waste (acid, batteries, auto parts, excavating
materials,'.constr�icton and demolition debris, `roofing materials, wood, pipe," steel gas
tanks, etc),: `dead animals, abandoned vehicles boats and parts, large equipment and parts
thereto Will_ not be collected by FRANCHISEE unless, specifically required by the
generator ;and agreed to by :the FRANCHISEE.
4.2 FRANCHISEE shall make collection with as aittle disturbance as possible:", Refuse
containers .shall be.ahorouglily emptied and maintained in "a clean manner. Any refuse
spilled by the FRANCHISEE shall be picked up immediately by the FRANCHISEE. The
removal'.of all refuse within 10 ft of container will ,be the responsibility of the
FRANCHISEE. :The FRANCHISEE will be held "responsible for keeping the 10 ft.
"radius surrounding containers "clean and free of waste and debris. Service minimums for
multi -family dwellings shall be as follows: 1-8 Units — 2 CY @ 2 x per week; 9-16 Units
- 4 CY @ 2 x per week; 17-32 Units — 6 CY @ 3 x per week; 33-48 Units — 8 CY @ 3 x
per week, over 48 Units will require two 8 CY @ 5 x per week, with the City monitoring.
In case of insufficient service being noted, Franchisee may be required to increase
service. Also, please be reminded that no customers are to be signed up for 1 x per week
garbage collection service.
4.3 FRANCHISEE agrees that all containers shall be identified with its naive and telephone
number and be sufficient in quantity and size to contain material as indicated in the City
Code. All containers serviced by FRANCHISEE shall be maintained in a clean and
serviceable manner at all times. At no time shall any of FRANCHISEE'S containers be
left on the public right-of-way. The City, in its discretion, may require an adjustment in
the location, pick up schedule or the size of the container(s) if they become an unsightly
nuisance, cause a civil violation to occur, pose a threat to the surrounding environment,
threaten the health and/or safety of the CITY's population or become unsanitary and/or
inoperable. Except as otherwise provided, all vehicles used in the collection and/or
transportation of waste shall be equipped with a leak -proof body of metal type. If a
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Cit), of Miami, Florida Commercial Solid Waste Failing Services RFO 222246
FRANCHISEE uses a specially designed, motorized local collection vehicle for
transporting solid waste over short distances from residential or commercial stops to
waiting trucks, the container portion of such vehicle shall be equipped with a cover,
adequate to prevent scattering of the load. if any pickup truck or open -bed truck is used
by a FRANCHISEE, the load shall be covered with an adequate cover to prevent
scattering of the load. All vehicles shall be operated in conformity with all ordinances of
the City. All vehicles shall be properly licensed, registered, and equipped in compliance
with the motor vehicles laws of the State of Florida.
4.4 FRANCHISEE shall be responsible for creating and maintaining schedules and routes, as
well as, frequency of service within the Iimitations and under the provisions of the City
Code. FRANCHISEE shall be responsible for providing notification of same to its
customers immediately.
man made disasters, the City Manager may grant the
variance from ;regular schedules `'and routes., ,As -soon =.as is
cy, is issued by the Mayor, FRANCHISEE; §hall `secure ,,its
int.hazards and/or threats to public safety and health AAs soon
3isaster, the FRANCHISEE shall advise the CITE' -=and its
I 'time required before regulaf schedules and routes can be
aware•of-Miami-Dade"County's and/or'City of
,ilti-faihily Residence recycling ordinance and
4.7 FRANCHISEE agrees to recycle, collect and dispose of the solid waste at designated
CITY.buildings and properties,'free..d charge, pursuant to `the City Code, as assigned by
the Director of the Department ll of Solid Waste. In-kind service assignments, including
recycling City facilities, will be made proportionate to FRANCHISEE'S percentage of
total contracted commercial accounts in the CITY.
4.8 FRANCHISEE agrees to collect and dispose of waste generated at assigned
Neighborhood Cleanups in proportion to the FRANCHISEE'S percentage of the total
franchise fees paid to the CITY. Such assignments are to be established by the Director
of the Department of Solid Waste.
4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts bearing the
FRANCHISEE'S name; that each driver shall, at all times, carry a valid Commercial
Driver's License, for the type of vehicle being operated; that the CITY may request the
removal of any employee of the FRANCHISEE from City service who is wanton,
negligent, or discourteous in the performance of his/her duties; and that no person shall
be denied employment by the FRANCHISEE for reasons of race, sex, age, creed,
national origin, or religion.
Citic of Miami, Florida Commercial Solid Waste Hauling Services RFO 222246
4.10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT to pay
all employees not less that the Federal minimum wage and to abide by other requirements
as established by the Congress of the United States in the Fair Labor Standards Act, as
amended and changed from time to time and to comply with all applicable laws relating
to the employment of employees and the provision of commercial solid waste services.
The FRANCHISEE shall have on hand at all times, in good working order, such
equipment as shall permit the FRANCHISEE, adequately and efficiently, to perform its
duties hereunder. FRANCHISEE shall have available at all times, reserve equipment
which can be put into service and operation within two hours of any breakdown.
4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 and Section
22-93, as amended, of the City Code which states it shall be unlawful for any Franchisee
to provide service to any commercial property within 100 feet of a residential district
between the hours of 11:00 p.m. and 7:00 a.m., and to strictly adhere to any other terms
and provisions of this Agreement as specified in the Notice of Violation, except and only
as determined by the, Director of the Department of Solid Waste.: ,
Each Fiscal Year .(October ;1;, through September 30), the amounts assessed 'for non-
compliance of this section will,be as follows:.,
1 scNon-Compliance: $ 250:00
Ana Non=Compliance: $ 500.0
3d 'Non -Compliance: `_ $1,000.00
Each Additional Non -Compliance;, .$1,000.00
vi
4.1;1:2 FRANCHISEE ab ees to comply with Section 15 of the 1Vliarni-Dade County Code,
entifled "Solid Waste Management as amended., All Multi -Family and Commercial
establishments are required to ' initiafe a recycling program. The recycling program shall
be serviced by a licensed City of Miami Franchisee. Failure to comply with the recycling
program will cause the property owner(s) to receive violations in accordance with Section
15 of the Miami -Dade County Code, as amended, entitled " Solid Waste" as follows.-
Unauthorized
ollows:
Unauthorized removal of recyclable materials or recycling containers with the use of a
motorized vehicle. $250.00. See Section 15-2.1, Miami -Dade County Code.
Failure by multifamily residential establishment having up to 25 units to provide a
recycling program in compliance with the requirements of Section 15-2.2. $300.00. See
Section 15-2.2, Miarni-Dade County Code.
Failure by multifamily residential establishment having between 26 units and 100 units to
provide a recycling program in compliance with the requirements of Section 15-2.2.
$650.00. See Section 15-2.2, Miami -Dade County Code.
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Cin, of Miami, Florida Commercial Solid Waste Hauling Services RFO 222246
Failure by multifamily residential establishment having 101 or more units to provide a
recycling program in compliance with the requirements of Section 15-2.2. $950.00. See
Section 15-2.2, Miami -Dade County Code.
Failure by Commercial establislunent having up to and including 3,000 square feet to
provide a recycling program in compliance with the requirements of Section 15-2.3.
5300.00. See Section 15-2.3, Mianu-Dade County Code.
Failure by Cominercial establishment having more than 3,000 and less than 10,000
square feet to provide a recycling program in compliance with the requirements of
Section 15-2.3. $650.00. See Section 15-2.3, Miami -Dade County Code.
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Cit) of Miami, Florida Commercial Solid Waste Hauling Services RFO 222246
4.11.3 For any other failure to comply with the terns of this Agreement, the following amounts
will be due as liquidated damages and not as a penalty, for the violations of the
Agreement as specified in the Notice of Violation.
First Violation: $ 250.00
Second Violation: $ 500.00
Third Violation: $1,000.00
Each Additional Violation: $1,000.00
These amounts are established for the failures by the Franchisee to comply with this
Agreement. It is not the intention of the City to assess the entire amounts for minor
failures to comply with the Agreement unless they are of a recurring or continuing nature.
The City reserves the right to assess twenty (20%) of the amounts set forth in this section
for minor failures to comply with the Agreement. The exact damages suffered by the
City cannot be known or ascertained and these amounts represent liquidated damages due
atthe:time of the violation.
4.1.2::FRANCHISEE is required, pursuant to ` Section 22-2 of :the City Code to notify the
Department of Solid Waste, :at least seven business days prior, of accounts for which it
will discontinue =service. :.Aso, upon ' resumed service;' FRANCHISEE agrees to
immediately' notifythe Department of 'Solid Waste. FRANCHISEE shall furnish such
notification(s) as areprovided in Section22-2, of the City Code.
4.13_ FRANCHISEE acknowledges that under this -Agreement price controls will be,primarily
extracted.1hrough-.competition amongst..the-Franchise companies for existing and future
accounts: 'FRANCHISEE :further .acknowledges -that any increase in pricing by the
FRANCHISEE could result .in the, customer seeking °better pricing from another
FRANCHISEE. Therefore, FRANCHISEE agrees that none of the requirements under
any of the articles 'of this Agreement except and to the extent as set forth in paragraph 5.6
below, shall result in an increase of pricing to the customer. The FRANCHISEE may,
however, increase service charges as a result of increases in operating costs such as
tipping fees, labor and other related operating costs. In addition, if a customer contracts
with another Franchisee, the Director of the Department of Solid Waste may request the
original Franchisee to remove his container within 7 days of the request by the City. If
the Franchisee does not respond to the request, the City shall have the right to remove the
container and assess charges for man-hours, equipment and disposal costs to the
Franchisee. Also, if the City identifies an illegal container placed and operating within
the City limits by a non -licensed Commercial Hauler who is providing Commercial Solid
Waste Service without a Franchise from the City, the City will confiscate said container
and assess charges for man-hours, equipment, disposal and administrative costs and fines.
4.14 ALL equipment utilized to collect and transport solid waste in the City must be
conspicuously marked on both sides of the automotive unit with the name of the hauler,
vehicle number, tare weight, and cubic yard capacity. Identification infonnation must
also be marked on all trailer and container units. All markings must be in letters and
numerals at least two inches in height.
Cit) of Miami, Florida Commercial Solid Waste Hauling Services RFQ 222246
4.15 At least annually (October 1) but not more frequently than quarterly, as determined by
the Director of the Department of Solid Waste, each FRANCHISEE shall supply the
following information on a diskette, compact disc, or other acceptable format and in the
manner prescribed by the Director of the Department of Sold Waste:
(1) A listing, as of the reporting date, of the names and addresses of
customers, and the addresses of each location served.
(2) The number and capacity of each dumpster and compactor per account.
(3) The list of accounts within the City of Miami for which hand collection of
bags/cans is provided.
(4) An accounts receivable aging report for each City of Miami customer.
(5) A listing of City of Miami accounts that were charged off as bad debts.
$500.00, -whichever is greater. Accompanying .the remittance, FRANCHISEE must
provide the CITY -,-with a :list of the. customers'- names,' .addresses and total :amount
collected i FRANCHISEE =agrees :to maintain a. second"list which reflects.:an aging
schedule'.of individual account charges which must':be retained for a period of 60 months
from ahe end of,.the Agreement and made available at. -a11 times to CITY ;auditors.
Twenty-four percent (24%) of thetotal amount collected should equal the remittance
amount paid to the City. The remittance of the previous month's collection should be
received by the CITY on or before the last day of each month. Failure to remit by the last
day of the following month will cause the FRANCHISEE a one and one half percent
(1.5%) penalty per month on the balance due. If payment is past due in excess of 60
days, the Department of Solid Waste will initiate its procedure to revoke the
FRANCHISE and attach the Payment and Performance Bond for all monies due and
owing the City, including costs. It should be noted, the twenty-four percent (24%)
remitted monthly to the City, should be calculated on all monthly gross receipts,
excluding receipts derived from biomedical, biological, and hazardous removal, as
defined in the Agreement collected from the customers, exclusive of taxes and the
franchise fees. The gross percentage fee under this section does not apply to franchises
engaged solely in biomedical, biological, and hazardous removal services.
5.3 FRANCHISEE shall, on or before 90 days following the close of each fiscal year, deliver
to the Director of the Department of Solid Waste, a certified statement of its annual gross
receipts and charge-offs, generated from accounts within the City prepared by an
independent Certified Public Accountant (CPA) reflecting gross receipts/activity within
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City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 222296
the City for the preceding fiscal year. The CPA statement shall render an unqualified
opinion relative to the accounting of all revenues, fees and charge-offs generated from
accounts and activity within the City limits.
5.4 ANNUAL FRANCHISE FEE: FRANCHISEE agrees to remit to the CITY annually (due
October 1) the sum of $8,000.00 for the right to be a FRANCHISEE for Commercial
Solid Waste Services within the City; said fee shall increase annually by $500.00.
Failure to remit the required annual franchise fee by the due date will cause the
FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due.
FRANCHISEE that performs ONLY Commercial Solid Waste Services and
FRANCHISEE that performs BOTH Commercial Solid Waste Services AND Specialized
Waste Handling Services will be subject to this annual fee. This fee does NOT apply to
FRANCHISEE that performs ONLY Specialized Waste Handling Services.
5.5 FRANCHISEE agrees to remit the $8,000.00 annual franchise fee by October 1, 2010, as
noted in paragraph. X5.4 above. FRANCHISEE further .,agrees, on each anniversary
.(October, .l) throughout the :teen of the Franchise Agreement, .to increase said :fee ,by
$500.00.; Eor example; commencing October a 2011, the .annual fee due the City will be
$8,500.00, and so"forth throughout the Agreement term.
5.6 FRANCHISEE agrees to remit to theCity annually a Permit Per Account Fee in the
amount of seventy-five ($75.00) (due . October a`5) for each 'account and each :roll -off
effective October, 1 %,of every new fiscal Year to those accounts' and "roll -offs booked as of
October 1St of every new -.fiscal year rwith whom they .contract for the provision of
commercial' solid `waste services and/or ..specialized waste 'handling services, including
each container and/or roll -off, utilizes by Franchisee in ,the course of providing solid
waste services. In -addition, for -.each new commercial account and new roll-off.,container
acquired after October 1, the ,Franchisee agrees to remit :$75.00 for the nein .:account
including $75.00 for each roll -off placed in the City. The remittance must be to the
Finance Department by the end of the following month. The Franchisee may only pass
on an amount not to exceed thirty-eight ($38.00) of said permit per account fee to each
contracted customer. Said permit per account fee shall not be transferable. Effective
October 1, 2010 the annual period will begin October 1st and end September 30a'. All
late payments of this fee will cause the FRANCHISEE a one and one half percent (1.5%)
penalty per month on the balance due.
5.7 Annual Specialized Waste Handling Fee: FRANCHISEE agrees to remit to the City
annually (due October 1, 2010) the sure of $4,000.00 for the right to provide ONLY
Specialized Waste Handling Services within the City limits. It should be noted, if a
FRANCHISEE is providing ONLY Specialized Waste Handling Services within the City,
the annual franchise fee will increase by $500.00 per year. For example; conimencing
October 1, 2011, the annual franchise fee for Specialized Waste Handling Services due
the City will be $4,500.00, and so forth throughout the Agreement term. All late
payments of this fee will cause the FRANCHISEE a one and one half percent (1.5%)
penalty per month on the balance due. This fee does not allow the FRANCHISEE to
perforin Commercial Solid Waste (Garbage) Services within the City limits. This fee
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Cite of Mia ni, Florida Commercial Solid )Waste Hauling Services RFO 222246
applies to a FRANCHISEE that ONLY perforins Specialized Waste Handling Services
within the City limits.
5.8 Safety Inspection Fee: Franchisee agrees to pay the City an annual $500.00 per vehicle
inspection fee. This is a regulatory fee as referenced in Section 166.221, Florida Statutes.
This fee is for the municipal inspection of the vehicles being used by Franchisee within
the City. The inspection of each vehicle will occur not less than on an annual basis.
These are vehicles that are used by Franchisee to operate within the City boundaries. The
vehicles will include, but are not limited to, roll -offs, grapple trucks, front and rear end
loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for business,
collection and disposal of any debris by the Franchisee. Franchisees that are caught
operating within the City limits without a vehicle inspection decal, will be subject to the
violation schedule as specified in Section 4.11.2.
18-101 - inspections.
(a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect goods or
services at the facilities of the contractual party and perform tests to determine whether they conform to
solicitation requirements contained in invitation for bids or requests for proposals or, after award, to the
terms and conditions of the contract. Such inspections and tests shall be performed in accordance with the
teems and conditions of the solicitation and contract.
(b) Procedures for tests and inspections.
(1) The chief procurement officer may specify general operational procedures governing the test and
inspection of all goods or services, sales or leases being performed under city contract by city departments,
offices and individual purchasing agents.
(2) The chief procurement officer shall inspect or supervise the inspection of all deliveries of supplies,
materials, equipment, contractual services or performance under lease agreements to determine
conformance with the terms and conditions upon which the order or contract was based. Any purchasing
agent or department may be authorized by the chief procurement officer to inspect deliveries or contract
performance in the manner stipulated with the approval of the city manager.
(3) The chief procurement officer may prescribe chemical, physical and other performance tests for goods
or services, including samples submitted with bids or offers and samples of deliveries and performance to
determine their quality and conformance with the terms and conditions of the solicitation or contract. In the
performance of such tests or inspections, the chief procurement officer shall have the authority to make use
of the laboratory facilities of any department of the city or any outside laboratory or special expertise
available to evaluate service performance.
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Cin, of Miami, Florida Commercial Solid Vlasie Hauling Services RFQ 222246
(c) Conduct of inspections. Whenever possible, inspections and tests shall be performed so as not to
unduly delay or inconvenience the contractual parties. Contractual parties shall make available at no
charge to the city all reasonable facilities and assistance, in order to facilitate the performance of
inspections or tests by city representative.
(Ord. No. 12271, § 2, 8-22-02)
Sec. 18-102 - Audits.
(a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect the
books and records of contractual parties to determine conformance with the solicitation requirements
contained in the invitation for bids or request for proposals or, after award, with the terms and conditions of
the contract.
(b) Procedures for audits.
(1) The chief procurement officer may specify the general procedures for inspection of books and records
and for the conduct of audits of all goods or services, sales or leases under city contracts.
(2) An audit may be required when, in respect to an actual or prospective contractual party, there is:
a. A question as to the adequacy of accounting policies or cost systems;
b. A substantial change..in.the methods or levels of operations;
c. .Previous unfavorable experience indicating doubtful reliability of estimating, accounting .or.purchasin,g
methods;
d. A lack -of cost experience due to the procurement of:a new supply or service; or
e. Other :evidence .that an audit=;is in the city's best ,interests as determined by the chief procurement
officer, the city manager or the city commission.
(c) Conduct of audits. Whenever possible, .audits shall be performed so as not to unduly delay or
inconvenience the contractual party. Contractual parties shall make available at no charge twthe city all
reasonable facilities and: assistance, for the convenience of the city representatives. performing the audit.
(Ord. No. 12271;,,§1,8-22-02),
6.2 .. The CITY rnay, at -reasondble tunes during the 'term hereof, inspect FRANCHISEE'S
facilities :and perform such test, as ,the CITY deems reasonably necessary, to determine
whether the goods or services required to be provided by FRANCHISEE under this
AGREEMENT conform to the terms hereof, if applicable.` FRANCHISEE shall make
available to the CITY reasonable facilities and render assistance to facilitate the
performance of all tests and/or inspections by CITY representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of Sections
18-95, 18-96 and 18-97, of the City Code, as same may be amended or supplemented,
from time to time. FRANCHISEE also agrees to allow City auditors, during regular
business hours and after reasonable notice, to audit, inspect and examine the
FRANCHISEE'S financial records (as they relate to City of Miami revenue) including all
fiscal books and records, sales tax returns, bank statements, general ledger (vouching
City of Miami revenue to the G/L), contract/agreement between FRANCHISEE and
customer and any other financial information deemed necessary, insofar as they relate to
City accounts, as well as, the FRANCHISEE'S entire customer base, in order to confirm
the FRANCHISEE'S compliance with the Franchise Agreement. FRANCHISEE further
agrees to pay a one and one half percent (1.5%) penalty per month on any inonies due
and owing the CITY, as a direct result of an audit from whatever applicable revenue
stream during the Agreement tern. In addition, if a City Audit reveals that
FRANCHISEE under reported gross receipts, and results in additional revenue due the
City in the amount of $20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay
for the cost of said Audit. Upon audit notification, FRANCHISEE agrees to deliver all
ID
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Cite ofMian:i, Florida Commercial Solid Wasle Hauling Services RFO 222246
financial information and books and records to within the City limits, if said inforination
is maintained outside the City boundaries.
6.3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial related
source documents when deemed necessary, to substantiate an audit finding. Also, any
FRANCHISEE requesting credit or refund for Franchise Fees paid to the City in error,
will be required to pay for the auditing hours necessary to verify the claim that is
perforined by our City auditors. As an alternative, FRANCHISEES may retain their own
outside CPA Finn to verify their claun. It is agreed that Franchisees must pay for the
hours necessary to verify the work of the outside CPA Firm.
ARTICLE VII
INSURANCE AND BONDS
7.1_ FRANCHISEE agrees .to maintain, for the'term of this AGREEMENT,.a pubhcJiabi ity
policy in the minimum amount of $1,000;000; automobile .liability insurance policy
covering, FRANCHISEE'S operations with a combine single limit of 51,000,000 per
occurrence1or bodily injuryand property'damage liability, FRANCHISEE'S certificate
shall alsonclude :workers' compensation coverage. The City shall be listed as an
additional.insured for liability.
7.2 FRANCHISEE agrees to :maintain, for `the term of this AGREEMENT, a Performance
Bond, executed bya surety; company duly authorized to do business in the :State of
Florida, which shall'be counter -signed by an agent'for the_.company, resident iri the State
of Florida.The amount of the bond shall be equallo the1RANCHISEE'S previous 12
month.franchise fees paid to4he CITY (including the annual franchise fee, monthly 24%
franchise fee, annual per account fee, and any other franchise fees paid to the )City) or a
ninimurn of $35,000, whichever is greater, as security for the faithful performance of the
Franchise AGREEMENT. The surety shall have a rating classification of "A-" and a
financial category of Class V as evaluated in the current Best's Key Rating Guide,
Property Liability. In lieu of a Performance Bond, the FRANCHISEE may submit an
irrevocable letter of credit, cash, certified check, treasurer's or cashier's check issued by a
responsible bank or trust company payable to the CITY of Miami. The Performance
Bond shall be submitted to the Purchasing Department no later than ten (10) business
days after approval of the Agreement by the City Commission and prior to the execution
of the Agreement.
ARTICLE VIII
TERM
8.1 The tern of the Agreement shall be for a period of five (5) years with three (3) one (1)
year options to renew. The Agreement shall commence October 1, 2010, and shall
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City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 222246
terminate on September 30, 2015, with the three (3) one (1) year option periods through
September 30, 2018. The AGREEMENT shall become effective upon execution by the
parties hereto.
8.2 The option to renew the Agreement for the additional three (3) one (1) year periods will
be at the sole discretion of the City. Various criteria will be established prior to each
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 October 1, 2010, Agreement. It should be noted that any FRANCHISEE that is not
renewed for any of the option periods, will not be allowed to operate within the City
limits.
ARTICLE IX
DEFAULT
9.1. ' Tf FRANCHISEE .fails to comply with any term or condition, of this'Agree hent, or fails
to perform any of :its obligations hereunder,"then FRANCHISEE shall be in':default.
Upon the .occurrence of a 'default hereunder, the CITY,; in addition to all- remedies
available to°'it by law, may immediately; upon Written notice to FRANCHISEE, terminate
this Agreement. ° .-FRANCHISEE understands' and agrees that termination. of this
Agreement under :this ,seciion shall not release FRANCHISEE -from any obligation
accruing prior to the effective date of termination: Should.;FRANCHISEE be:unable or
unwilling.1o,comrnence to perform the Services within the time provided or contemplated
herein, then, in addition to the foregoing; FRANCHISEE shall be liable to the:_CITY for
all expenses incurred by the -CITY inpreparation,,and negotiation of this Agreement, as
_ well. as, :all costs and expenses incurred by the City in the re -procurement of the .Services,
including consequential and incidental damages.
9.2 If a default status is not cured and the Agreement is teniunated, the City has the right to
seize the Franchise and transfer it to a third party.
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Citp of Miami, Florida Commercial Solid Waste. Hauling Services RFQ 222246
ARTICLE X
RIGHT TO TERMINATE AND/OR TRANSFER AGREEMENT
10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole discretion, at
any time after the CITY gives written notice to the FRANCHISEE of a default of any of
the provisions in this Agreement and the FRANCHISEE fails to correct the default or
cease the conduct as set forth in the written notice, within fourteen (14) working days of
the receipt by the FRANCHISEE of said notice from the CITY.
10.2 If the Franchisee is in default and owes sums to the City, 14 days after notice of default
has been sent to FRANCHISEE, the City will have the option of transferring the rights
under that FRANCHISEE'S AGREEMENT to a third parry. That right to transfer the
rights under that FRANCHISEE'S AGREEMENT may be exercised at any time after the
'termination of the FRANCHISEE and no intent to later aransfer `those- xights need .,be
expressed in any notice or other communication with FRANCHISEE.
10.3 FRANCHISEE has -the right to appeal the revocation of this AGREEMENT to ahe City
Manager in accordance with the same time period as set forth in Section 22-49 of the City
Code. Said requesttfor appeal must be in°writing.
10.4 All complaints received by ahe CITY shall be resolved by -.the "FRANCHISEE :within 24
hours, after notification ay the City to the Franchisee of said complaint. The
FRANCHISEE agrees to make all reasonable .and expeditious efforts to resolve every
complaint. The FRANCHISEE shall perform every reasonable act to provide a level of
high quality service which will minimize complaints.
10.5 It is expressly agreed that in no event shall the CITY be liable or responsible to the
FRANCHISEE or its customers for delay or temporary interruption in service because of
disputes between the parties or any cause over which the CITY has no control. In the
event of any condition which makes performance of contracts entered into under the
terms and conditions of this AGREEMENT impossible, FRANCHISEE agrees that the
CITY shall have the right to invite, notify, and qualify other Prospective Proposers of the
opportunity to provide collection and disposal services.
ARTICLE XI
NOTICES
11.1 Whenever either party desires to give notice unto the other, it must be given by written
notice, sent certified U.S. Mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified and the place for giving of notice in
compliance with the provisions of this paragraph.
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Cite gfANJianii, Florida Commercial Solid 64,7aste Hauling Services RFQ 222246
11.2 For the present, the parties designate the following as the respective places for giving of
notice, to -wit:
CITY of MIAMI FRANCHISEE
c/o City Manager
3500 Pan American Drive
Miami, Florida, 33133
Cony To:
City of Miami
Director, Department of Solid Waste
1290 NW 20th Street
Miami, Fl 33142
ARTICLE XII
INDEMNIFICATION
12.111 FRANCHISEE shall indemnify, defend-and_161d.'harmless,the CITY and its officials,
employees and agents (collectively referred to as "Indemnities") and each of them from
and -against all loss, costs, ,penalties, fines, damages, -claims, expenses
(including
,,attorney's fees) or ,liabilities `,(collectively referred .to . as "Liabilities") by reason of any
injury to or death of any person or damage to or ' destruction or loss of any properly
arising out of, resulting from, or in connection with (i) the performance or non-
performance of the services contemplated by this AGREEMENT which is or is alleged to
be directly or indirectly caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of FRANCHISEE or its employees, agents or
subcontractors (collectively referred to as "FRANCHISEE"), regardless of whether it is,
or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by
any act, omission, default or negligence (whether active or passive) of the Indemnities, or
any of them or (ii) the failure of the FRANCHISEE to comply with any of the paragraphs
herein or the failure of the FRANCHISEE to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, Federal or State, in
connection with the performance of this Agreement. FRANCHISEE expressly agrees to
indemnify and hold harmless the Indemnities, or any of them, from and against all
liabilities which may be asserted by an employee or former employee of FRANCHISEE,
or any of its subcontractors, as provided above, for which the FRANCHISEE'S liability
to such employee or former employee would otherwise be limited to payments under
State Workers' Compensation or similar laws.
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ARTICLE XIII
ASSIGNABILITY
13.1 There is no right to assign this Agreement. The City Commission may allow an
assignment if it is deemed in the best interests of the City of Miami ("CITY") to do so.
Under no circumstances may the City Commission consider assignment of a Franchise as
long as the FRANCHISEE has any outstanding balance to the CITY or is otherwise not
in complete compliance with the Agreement. If the FRANCHISEE is up to date with all
payments to the CITY and is otherwise fully in compliance with the Agreement, then a
FRANCHISEE may request consideration for assignment only as follows: by Certified
letter to the Director of the Department of Solid Waste with reports enclosed reflecting all
payments due to the CITY have been paid through the date of the letter. For the purposes
of this paragraph, "assignment" shall include any transfer of a majority of stock in a
FRANCHISEE or any significant change in ownership of the FRANCHISEE, its officers,
directors or personnel. The Director of the Department of Solid Waste must be notified
of any. sale of a majority of stock in the FRANCHISEE and any sigm icantchanges;in the
ownership of the FRANCHISEE, its officers, directors or personnel'by Certified Tetter no
later than -five (5) business days after such action. If assignment is granted, .the new
FRANCHISEE will; assume all obligations set forth in the; Agreement and immediately
comply with all terms of the Agreement. If :the CITY approves assignment of this
Agreement, .it may be conditioned on the -proposed assignee demonstrating fiscal
solvency, 'reliability; and .responsibility. -,Prior -to` consideration, of .approval by -the City,
the proposed assignee'must'execute an :Ass bamnentlAssumption Agreement whereby they
comply with every condition of the prior -Franchise Agreement and this Agreement must
be approved as to'form and eorrectness'by4the City Attorney:'
13.2 This AGREEMENT shall be binding upon the parties hereto„ their heirs, executors, legal
..representatives, successors, or.assigns'.
ARTICLE XIV
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
14.1 FRANCHISEE understands that agreements between private entities and local
governments are subject to certain laws and regulations, including laws pertaining to
Franchisee's operations and services, public records, conflict of interest, record keeping,
etc. FRANCHISEE agrees to comply with and observe all applicable Federal, State,
County and City laws, rules, regulations, Codes and Ordinances, as applicable to
FRANCHISEE and its operations and services, as they may be amended from time to
time.
ARTICLE XV
NONDISCRIMINATION
15.1 FRANCHISEE represents and warrants to the City that FRANCHISEE does not and will
not engage in discriminatory practices and that there shall be no discrimination in
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connection with FRANCHISEE'S performance under this Agreement on account of race,
color, sex, religion, age, handicap, marital status or national origin. FRANCHISEE
further covenants that no otherwise qualified individual shall, solely by reason of his/her
race, color, sex, religion, age, handicap, marital status or national origin, be excluded
from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
ARTICLE XVI
INDEPENDENT CONTRACTOR
16.1 FRANCHISEE is being engaged as an independent contractor, and not as an agent or
employee of the City. Accordingly, FRANCHISEE shall not attain, nor be entitled to,
any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any
rights generally afforded classified or unclassified employees. FRANCHISEE further
understands that Florida Workers' Compensation benefits :available to employees of the
Cit—,are ;not not to' FRANCHISEE,<and;amees to provide workers' :compensation
insurance'for any employee or,agent of FRANCHISEE.
ARTICLE XVII
GOVERNING LAW; VENUE; CIVIL ACTIONS
17-1 This Agreement shall be'"governed by -the laws :of the Federal Government, State of
Florida, Miami -Dade County -and the=Codes and�Ordinances of the City of Miami. This
Agreement -shall be':construed-and interpreted under'the laws of the State of Florida.
17.2 Venuedn any claims, actions -or proceedings between -the parties shall be in Miami-Dade
County, Florida.
17.3 In order to expeditiously handle any claims, actions or proceedings between the parties
under this Agreement each party voluntarily and knowingly: (i) waives their right to
demand ajury trial; (ii) waives their right to file a permissive counterclaim- (iii) agrees to
bear their own attorney's fees.
ARTICLE XVIII
SEVERABILITY
18.1 Should any section of this AGREEMENT, or any part thereof, or any paragraph, sentence
or word be declared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof.
ARTICLE XIX
ENTIRE AGREEMENT
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19.1 This instrument and its attachments constitute the sole and only AGREEMENT of the
parties relating to the subject matter hereof and correctly sets forth the rights, duties, and
obligations of each to the other as of its date. Any prior Agreements, promises,
4-1
negotiations, or representations not expressly set forth in this AGREEMENT are of no
force or effect.
19.2 It is further understood that no modification, amendment or alteration in the terns or
conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
19.3 Notwithstanding the aforementioned, the City reserves the right , from time to time, to
levy other reasonable business, professional, and occupational regulatory fees, pursuant
to § 166.221, Florida .Statutes . ,.
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ARTICLE XX
APPROVAL OF THIS AGREEMENT
20.1 Execution of this Agreement by the City Manager, City Attorney, City Clerk, Risk
Management Administrator and FRANCHISEE, shall constitute evidence of its approval.
ARTICLE XXI
ADDITIONAL QUALIFIED PROPOSERS
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