HomeMy WebLinkAboutProposal - World Waste RecyclingWASTE
RE0Y•0LIN G
February 3, 2015
The Honorable Mayor and Commissioners
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: Commercial Solid Waste Hauling Franchise
Dear Honorable Mayor and City Commissioners:
World Waste Recycling was incorporated in January 16, 2002. It grew to one of
the largest private haulers in Miami Dade County with franchises and licenses
throughout Miami Dade, Broward, Monroe, Palm Beach, Collier, and St Lucie
Counties including the City of Miami, World Waste Recycling offered a wide
range of solid waste services Including commercial garbage, roll offs, bulk /
debris removal, etc,
in September 2009, World Waste Recycling, known at the time as World Waste
Services, was acquired by Waste Management including all of the assets,
licenses and contracts except the Miami Dade County Residential Curbside
Recycling program. Since September 2009, World Waste Recycling only had
one customer •- Miami Dade County, servicing 228,000 residential homes.
Jeanmarie Massa, Recycling Manager for Miami Dade County Public Works &
Waste Management Department is our contact, She can be reached at 305-.
514-6631 .
World Waste Recycling left the City of Miami in good standing and wants to
enter the Miami solid waste market again. Therefore, at this time, we are
requesting approval from the Board of City Commission for The City of Miami's
Commercial Solid Waste Hauling Franchise.
Thank you for your consideration.
Eileen Damaso
Vice President
4701 NW 35 Avenue, Miami, Florida 35142 • 305-635-5144 • www.worldwasterecycling.cor
ATTACHMENT A
ATTESTATION OF QUALIFICATIONS
RFQ NO. 222246
Commercial Solid Waste Hauling Services
THIS ISA MUST (FILL OUT) FORM.
FAILURE TO TIMELY AND FULLY COMPLRTE AND RETURN THIS ATTACHMENT
WITH RESPONSE MAY AUTOMATICALLY DEEM THE PROPOSER NON-
RESPONSIVE.
LEGAL Name of Applicant (PROPOSER):
World Waste Recycling
FULL BUSINESS Address, INCLUDING ZIP CODE of Applicant (PROPOSER):
47N NEW 35 Avp , Mlryml, PI `33149
Date: 1 / 15/2015
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 RFQ, so long as
all information is provided in the same order as outlined below.
I. 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 /o 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 officers) 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 he
provided with Response and material omissions will cause the Proposer to be deemed
non -responsive. Use a separate attached sheet indicating question numbers(s) if needed.
Martha Sanyo, Prrasir1Arjt 4701 NW 35 Ave Mirirrdi
jvachaailictorat_3_5_,Aya„,1211aral_____
Robert Saroza, Vice President / Treasurer 4701 _NW 35 AAveL, Miami
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 interest therein, should be of good moral character. In making such
determination, the following information 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. Isa confirm the
Public Entity Crimes Statute2 does not apply to Proposer. The City will be unable
to determine the qualifications of a Proposer should this information not be
provided with Response.
None of the owners have a record of conviction. The Public Entity
Crimes Statute does not apply to World Waste Recycling and it's
princloals and owners.
(2)
(3)
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 fingerprints are provided. (The City of Miami Police
Department does not provide fingerprint services or fingerprint cards to the.
general public)
Business .History
Indicate whether such applicant has operated a solid waste collection removal
business in this or another state under a :franchise, permit 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.
ces heici
the City of Miami License for several years. Along with Miami Dade
_County, Broward County, Palm Beach County, etc.
2 See Merida Statute §287.133,"Publlo entity grime", etc.
(4) Existence of Business Entity
If the applicant is a corporation or other incorporated business entity , provid e
proof of incorporation and proof of that corporation's good standing hi 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 Narne please attach
proof of compliance with the "Fictitious Name Aet".3
please see attached.
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 malting such a
determination and approving the method of operation for each applicant, the Department
of Solid Waste shall now, require the following information:
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.
l988Mack Ron Qffi
roll off containers 10-40 ycls
2008 Mack Front End Loader
garbage containers 1-8 yds
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
3 Florida Statute §865.09
W I Was±aRe.q lino Will Ise nnly City/Cniinty ripproveci d(spnscrl
sites for disposing of al garbage, garden trash, industrial waste, and,
solid waste materlalwhic t o
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 statics throughout the duration of the Agreement. The City will be unable to
determine the qualifications of a Proposer should this information not be provided with
Response
please see attached
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 inttirniatioii 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: FUleRn nci.mn o
Telephone No: 305-635-5144 Fax Number: 305-635-0087
Pager No. Cell Number: 3n ,=a43_2231
Email Address: edamaso@worldwasferecyclingi,com
Witnessed by: -4))`--A-A-,41.4.._.,. Print Name:
Date: 1 / 15/9015
Notary/ brat
State of Florida
Department of State
1 certify from the records of this office that WORLD WASTE RECYCLING,
INC. is a corporation organized under the laws of the State of Florida, filed on
January 16, 2002.
The document number of this corporation is P02000007567.
I further certify that said corporation has paid all fees due this office through
December 31, 2015, that its most recent annual report/uniform business report
was filed on January 15, 2015, and its status is active.
1 further certify that said corporation has not filed .Articles of Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Fifteenth day of January, 2015
Secretary ; Stec
Authentication ID: CU3305973717
To authenticate this certificate,visit the following sito,cnter this
ID, and then follow the instructions displayed.
https://efile.sunhiz.orgicertanthver.html
Fax Server
Division orlitn porati.cn
a 1:/2Q0 3
Florida Department of State
Division of Corporations
Public Access System
Electronic piling Cover Sheet
7Fa server
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Note: Please print 'ill's page and use It as a cover sheet. Type the flax audit number (shown
below) on the top and bottom of all pages of the document.
0(H0900D1 99003 3)))
11111111111111111111111111
Note: DO NOT hit the REFRESH/RELOAD button an your browser from this page. Doing so
will generate another cover sheet.
To:
0iv3.4icrl of Corporations
Fax t'uj box (H5Q) 6i17-63$0
From.
Account Name CORPORATION S=RVICE COMPANY
Account: Number : 120000D0019S
Phone r. (850}S2 -1000
Fax Number r (050)558-t$ S
COR AND/ TATE/COACT OR Oa) ICESIGN
WORLD WASTE SERVICES, Tit.
Certificate of Status
t3
Certified Co y
0
PaWeCount
02
EBtimated Charge
S35,00
Electronic riling Menu
r
Corporate Filing en Help
S E P.112009
EXAMINER
Page 1 of Z
https:ffefile.stintbix.orglsariptslef Ucovr.exe 9/10/2009
Fax Server
44
9/11/2009 10:11:31. AM PAGE' 2/002 FAX Server
XRTJ'CLES OF .AMENDMENT
TO
ARTICLES OF INCORPORATION
OF
WORLD WASTE SERVICES, INC.
Pursuant to the provisions of Section 607.1006 of the Florida Business
Corporation Act, the undersigned Florida corporation (the "Corporation') hereby adopts
the fksllawiatgArticles of Amendment to its Articles ofTnoorporation;
1. The Articles of Xno rporutian of the Corporation are hereby amended by
deleting ARTICLE x in its entirety and substituting therefor the following;
"ARTICLE" NAME
The name of this Corporation. is; WORLD WASTE RECYCLING,
1NC."
2. The foregoing Amendment was duly adopted by all of the Directors and
Shareholders of the Corporation as of August 19, g009, in the manner prescribed by
Section 607.1003 of the Florida Business Corporation Act. The ,number of votes cast by
the Shartholders in favor cd th'a amend it was sufficient for approval.
IN WITNESS WHEREOF, the undersigned has executed these Arrtieles of
Amendment as ofthe , f f day of September, 2009,
A WASTE SER CES, INC.
I3yt
Martha S oza, Press at
I PP
Ett trtinnit if *#tttt
certify the attached is a true and correct copy of the Articles of Amendment,
filed on July 15, 2002, to Articles of Incorporation for WORLD
ENVIRONMENTAL SERVICES, INC, which changed its name to WORLD
WASTE SERVICES, INC., a Florida corporation, as shown by the records of this
office.
The document number of this corporation is P02000007567.
1
104.
ip
s
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Mull 4,V), asp . �, 4),4W #, 1 ,,; �W W:* ` Af : pkrA ►, ;
,�, , (� , f�s;�r(R s l�ls r t��ri fin ��Ct1 (i1� f% Cal, n(`l Cll 1 t'G�l myi f—;, elt.
GR2EO22 (1.99
u•
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Nineteenth day of July, 2002
XIAtfierow
Y44 Yi 44�. ar• o
Suutarg ofgtaN
,ARTICLES OF AMENDMENT
TO
:ARTICLES OF INCORPORATION I,0C . .
OF
WORLD ENVIRONM N` AL SERVICES, INC.
(present nine)
POOQQ 567
zia6ournont . rll o 0 ot1aoration (If known)
Pursuant to the pr°ovLsions of ,section 607,1006, Florida S'tatutas,. this Florida prof t corporation adopts
the following. articles of amendment to its articles of incorporation;
At3ietadrnent(s) adopted: (indicate artiwle number(') being amended, added or deleted)
Article 1 of the Articles of Incorporati.on
is amended as follows:
The name:"of this Corporation is: World Waste Services, lnc.
SECOND: If an amendment provides for an exchange, reclassification or cancellation of issued
shares, provisions for implementing the emendment. if not contained in the amendment itself, are as
follows:
THIRD: The date of each amendment's adoption: .fro
FOURTH.: Adoption of Amendment(s) (Cz tCm oND)
l� The amendments) was/were approved by the shareholders. The number of votes cast
for the amendments) was/were sufficient for approval,
I� The atnendment(s) was/were approved by the shareholders through voting groups.
Me following statement must be separately provided for each voting group entitled to vole
separately on the anaendn nt(s):
"The number of votes cast for the amendment(s) was/were sufficient
far approval by
(young gi,'0up5
Ca The ainendrent(s) was/were adopted by the board of directors without shareholder
action and shareholder action was rnot required,
Cl The arnepdmentts) was/ware adopted by the incorporators without shareholder action and
shareholder action was not required,
Signature
Sighed this
olt
the Chairman o ie ;woo' of to oat o Diroolora, presidani or ahoy officer if adopted by
to shareholders)
of --hay
'HAMM SARoMA,, PR SZDENT
OR
()3y a director if adopted by the directors)
(By al incorporator if adopted by the incorporators)
Type Or pr name
ARTICLES OF INCORPORATION
01
WORLD ENVIRONMENTAL SERVICES, XNC,
A,R3.IcLr,
The name of this Corpora'.i = is; WORLD ENVIRONMENTAL SERVICES, INC.
ART,I':CLE II -DURATION
This 'Corporation shall have pernetue' existence,
ARTICLE .I?:»ITCTJ }OSIE
This Corporation may engage in any activity ox business permitted tinder the laws of the
United States of Arrreriea and the State of Florida,
stock.
Al TIV-CAPIT STOCK
This Corporation is authorized to issue; 1,000 shares of one dollar par value common
A.xt;FIC . e y� r 1 M4:211VE KGHT a
f -very shareholder, upon the sale for cash of any new shock of this Corporation of the
satxne kind, class or series as that which he already holds, shall have the right to purchase his
prorata sham thereof, (as nearly es may be done without issuance of fractional ~bares) at the price
at which it is offered to others.
ATUTC,,I VJ[;. 'VIAL RDOI T 1 D.Q y+CE..A
The strut address of the initial rcegi.+;tered office is:
1497 N.W, 7tli Street, Miami, F11,33125 and the rlarne of the ij.itiai registered agent and resident
agent of this eor, oration is :
MARK. VANS I(ASS, ESQUIRE
R1
1497 NW ?th Street
Ivliarni, FL 33125
A .' ax, Y1T PBJNCIA'.AL AN) MAJU G M X RESS
The principal office and mailing address of this Corporation is: 16280 NW 9th Drive,
Pembroke Pines, Florida 33028,
A irCL3 VflIAIvXTxAL 3aArd) or DIR.uciTor,t,
This Corporation shall have one dirootor• initially, The number of dirc crows may be either
in,g1.. ased or diminished from time to time by the pynLaws. The mare gad address ofti initial
director of this Corporation is;
MAR.THA SAROZA, 16280 NW 9s�+'(wDrive, Pembroke Pines, lF'Jorida 33028
& MT 1 CL J.x.. `,N V V4 RS Qi��AT011
The aarae and aciciress of the person, signing ttxe Articles as 1ncarporacor aid Subscriber
is,
MARTHA SAROZA, 16280 NW 9th Drive, Pembroke Pines, Florida 33028
IN WITNESS WHEREOF, the undersigned subscriber has executed
J �•r �on�.. /.
these Articles of Incorporation on, this Li__
y oS �t�.taaxy,
ARTHA
STATE OF FLORIDA )
COUNTY or DADS )
BEFORE ME, a Notary .Public autlioriZed to take acknowledgments in the state arid
county set forth above, personally appeared Martha S roza, vriao produced
as identification or w17tis osorrally
known to me and luluwf to me to
be the pex•soe. who execilt :d the foregoing Articles of Incorporation, seal inxN WITNESS /1-TEREOtic, have hereunto set my hand aid affixed my official s
aforesaid on this ..,_iL day o `Jannlry, .
the state and county,
MY C:OM.MISSION EXPIRES:
NOTARY PUBLIC, STA B OF FL,ORTDA AT LAG',
1: r hi. hilttlt1
srir,0,AmIus1ON,et'c,is;�t�sa
Nivii7bicip4mbey r1I IiI• IPrOnm"'arr
,X0,7 6cw+rrii7X .70uti�.'r1ciM.'„S`nrrvvwnir.�a:Cr"n,oss.,.
%IrtrJ .: 119
d; C3 ! a l 81'1 38 ui;e c,
,: • d
,91T 1 Iall ,QC x , , OF OIN `i EN A1 l[STER O
AThNT or WOBLD ENVIRONIVI4VTAL SMIV.ICA) I rc,
The ux dersigried,, Mark Evans Kass, pursuant to Florida Statutes Section 607,034 (3)
hereby accepts the appointment as registered agent of World Environmental Services, Inc, and
status that he is familiar with and accepts the obligations providers for in Florida Statutes Section
607,325,
1vV4 L./VI AN
STATE OF FLORIDA
COUNTY OF DADE
KASS, REGISTER AGENT
BEFORE ME, a Notary Public authorized to take acknowledgments in the state and
Coum[* set forth above, personally appeared Mark Evans Kass, who produced _
as identif"i^ation or who is personatiy known. to mr and ko,own to me to be
the person who executed the foregoing Simultaneous Acceptance of Appointment t as Registered
Ag,,ent of World Environmental. Service, rnc.,
d9o=at 20 2? uEt-
IN WITNESS WIIEREOF, I have hereto set ray bond :nu]. affixed my official sa ithe
state and County aforesaid on this __Li_ day of lantlarY, 2002.
My cornmission Expires'.
FOTARY PUBLIC, State o' • Florida at Large,
,mustlePip,:n.e.sPfloalkmasigeforavvemmhz,
Acli.,; r•Fhlmir1
4490:81 ao 2? Uer
CityofMiami•
Request for
Qualifications (RFQ)
Purchasing Department
Miami Riverside Center
444 SW 2^d Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://arniar i.fl.usfpraouremont
RFQ Number:
Title:
Issue Date/Time:
RFQ Closing Date/Time:
Pre -Bid Conference:
Pre -Bid :DatelTime:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
222246,3
Request for Qualifications for
Commercial Solid Waste Hauling
Services
06-AUG-2010
13-AUG-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
'Gonzalez@miamigov.com
(305)400-5104
Page 1 of 39
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 fox 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 (1) 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:
Wo (1) certify that any and all information contained in this submission is true; and we (1) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, fine, 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. World Waste Recycling
ADDRESS.
4701 NW 35 Ave„ Miami, FL 33142
PHONE: 305-635-5144
EMAIL:eclamaso@worldwasterecyclin cam
SIGNED BY:
TITLE: Vice President
FAX. 305-635-0087
BaEEI6.• 3n!-34.3_9731
DATE' 1 / 13/15
FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISOUALIE'iY THIS BID.
Page 2 of 39
Certifications
Legal .Name of Finn:
World Wane Recycling
Entity Type: Partnership, Sole Proprietorship, Corporation, eto.
Corporation
Year Established:
2002
Office Location: City of Miami, Miami -Dade County, or Other
Miami Dade
Address:
4701 NW 3.5 Ave
City, State, and Zip Code:
Miami, FI 33149
Telephone Number:
305-635-5144
Fax Number:
305-635-0087
E-mail Address:
edamaso@worldwasterecyclina,com
Contact Person (First and Last Name):
Eileen Darnaso
Business Tax Receipt / Occupational License Number:
7179783
Bu8ine8S Tax Receipt / Occupational License Issuing Agency:
Mic mi Drncie Ccx inty
Business Tax Receipt / Occupational License Expiration Date:
Septemher 30, 9015
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No,
Page 3 of 39
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement": Yes or No
Please list and acknowledge all addendutnladdenda 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 39
Line: 1
Doscription: Commercial Solid Waste Hauling Services
Category: 96239-00
Unit of Measure:
Unit Price: $ n/a
Number of Units: Total: $
Page 5 of 39
Request for Qualifications (RFQ)
222246,3
Table of Contents
Terms and Conditions 7
1. General Conditions 7
1.1, GENERAL TERMS AND•CONDIT'IONS 7
2. Special Conditions 27
2,1, PURPOSE 27
2.2, DEADLINE 1FO1R RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3. TERM OF FRANCHISE AGREEMENT 27
2.4. CONDITIONS FOR RENEWAL 27
2,5, MINIMUM QUALIFICATIONS OF PROPOSER(S) 27
2,6. PERMITS AND LICENSES .28
2.7, LEGAL REQUIREMENTS 28
2,8, PERFORMANCES 29
2,9. WORK ASSIGNMENTS 29
2,10. USE OF SUBCONTRACTORS 29
2,11. ASSIGNMENT 29
2,12. INSURANCE REQUIREMENTS 29
2.13, HOLD HARMLESS 31
2.14, PRE-BID/PRE-PROPOSAL CONFERENCE 31
2.15. CONTRACT ADMINISTRATOR 31
2.16. PERFORMANCE BOND REQUIREMENTS - 32
2.17. USE OF PREMISES .. 32
2,18. LABOR, SUPERVISORS, EQUIPMENT AND MATERIALS 32
2,19. EMPLOYEES ARE RESPONSIBILITY OF QUALIFIED PROPOSER(S) 32
2.20. FRANCHISE AGREEMENT 33
2,21. LIMITED AGREEMENT EXTENSION 33
2.22, DAMAGES TO PUBLIC/PRIVATE PROPERTY 33
2.23. SAFETY MEASURES 33
2,24. TERMINATION 33
2,25, ADDITIONALPERMS AND CONDITIONS 34
2,26. PRIMARY CLIENT (FIRST PRIORITY) .. 34
2.27, CFIANGES/ALTERATIONS 34
2,28, ADDITIONAL SERVICES 34
2,29. ADDITIONAL QUALIFIED PROPOSER(S) 34
2.30. AUDIT AND INSPECTION RIGHTS 35
2,31. TRUTH IN NEGOTIATION CERTIFICATE „ 36
3. Specifications 38
3.1. ,SPECIFICATIONS/SCOPE OF WORK 38
4. Submission Requirements 39
4.1, SUBMISSION REQUIREMENTS 39
4.2. OPTIONAL REQUEST 39
Page 6 of 39
Request for Qualifications (RFQ)
222246,3
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 anlnvitation 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
Dilly 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://www.ci.miami,f.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 formnai 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
R.esponao'. 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
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appellate litigation and any post judgment proceedings,
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide ROOMS
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, docurents, 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, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are•olosed. 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 O1 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)/proposet(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
oertificates as required by the successful bidders)/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 itscontractual
obligation if such docruments 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 tern 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 tern in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/er 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 fora 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 tern shall conclude upon
completion of the expressed or implied warranty periods,
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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.
I3. 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, en 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 oontract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award 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 (HARDCOI'Y 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 annulrnent of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be oonsidered, notes 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 names, 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 "DR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information 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 ofbid/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
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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 trade 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 occuiTed and the City reserves the right to reject
any and all bids/responses where collusion may have ()courted,
1.19. COMPLIANCE WITII FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments 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
praotices, rate of pay or other compensation methods, and training selection,
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
oontract(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 imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
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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 comrnunioatlons at ditty 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 Commission 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 11'8 (bid) documents (See Section
2.2. of the Special Conditions); or eounuunieations in connection with the collection of industry continents 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 same 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 rile a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary 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 La4v, If this Contract/Agreement contains a ooafidentiality 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 oftheir knowledge or belief, no eleeted/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formai 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 i'ATENT.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.
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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 borne by the
Bidder(s)/Proposer(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
Party, and after reasonable opportunity for such party 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 ChiefProcureinent 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 propexty, or any other offense indicating a lack ofbusiness
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) Debarmentar 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
tb.e violation remains noncompliant,
(8) Found in violation ofa zoning ordinance or. any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(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 (1)(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 debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's light to seek judicial relief;
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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 publio building
or public work, may not submit response on leases of real property to a public entitymay not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and'may not
transactbusiness 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 tho
Bidder/Proposer of the default and will provide the contractor three (3) clays (weekends and holidays excluded) to
remedy the default, Failure on the contractor's part to cornet 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
assigmnent 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 terms 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,
•
1.28. DETERMINATION OF RESPONSIVENESS - Bach 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 formal solicitation, is of timely submission, and has appropriate signatures Rs 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 Commission, unless otherwise specified in tho Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)fPropeser(s)
during the term (Ville contract, Such discounts shall remain in effect for a.minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
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
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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 tho event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during stroll 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 respeot 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 aro provided for your guidance
only. No guarantee is expressed ox implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contraot, 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 tho Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a oonditional 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 isnot 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,
13, Elimination From Consideration
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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
whichis 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 terms 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 firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance,
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 qualiications 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 Speoial•Conditions shall be cause for the bid (1FB) to be considered non -responsive. It also maybe
cause for a KIT, RFQ, or RFLI to be considered nonresponsive; and, if exceptions are taken to the terms 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 may be cause for
rejection ofbid/proposal,
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will
be finn throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of performance ox resulting purchase orders or contracts, which are to be performed
or supplied over a period of time,
1.38. FIRST -SOURCE FARING 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 leans,
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 Pi vate Industry Council of South Florida/South Florida Employment and
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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 ofpublicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), 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, pubiio works improvements, facilities, professional services, oommodities,
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 training and
employment programs, and other residents of the city,
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, 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' subeontraotor(s) responsibility to understand and comply with this Florida constitutional
mininnum 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 wag rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect an the following January 1st.
At the time of responding, it is bidder/proposer and his/her suboontractor(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 roquest(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 notion, mediation or arbitration arising out of this Contraot shalt
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 andshall not in any manner be construed as modifying, amending or affecting in any way
the expressed terns and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (IHPPA) - Any person or
entity thatperforms or assists the City ofMlami 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 law;
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B. Use of appropriate safeguards to prevent non permitted disclosures;
C. Reporting to the City of Miami of any non -permitted useor 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 IIRI/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
Ix, Malting 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 customars written notice of its privacy information
practices including specifically, a description of the types of uses and disclosures that would be made with protected
health information,
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 indemnify City as to all costs, attorney's fees, expenses and Liabilities
inclined in the defense of any such claims and any resulting 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 roust 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 tunes during the term hereof, inspect Contractor's facilities and
perform 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
performance 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 receivedby 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 furnished 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 Departrment, if applicable, Submitted evidence .pf 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 Limo frame but not in the manner prescribed in this Solicitation the
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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. Information 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 Bidcler/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 contractor
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 Miami, Florida through
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.52. 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 determined by the City. The data derived fromany 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 por 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 those 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, en 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 bo excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
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In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not disoriminate 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 souroes 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 bidders)/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.
1.56.00CUPATXONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article X 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 suecessful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain 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 extant permitted by law.
1.60. PERFORMANCE/PAYMENT BOND —A Contraetor may bo 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 (HARD COPY 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. Bach Tidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposee
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number an
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
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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
normally 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 ail response documents for future reference,
E. AlI 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 remain 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
HARDCDPY FORMAT, THE ORIGINAL AND TIDE (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 predict
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 pre duet 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,
I.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 connection 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 hi determining the lowest net cost for response evaluation purposes,
Bidders/Proposers are required to provide their prompt payment terms 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 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 correotly 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
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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 oommenoing on the date it is determined by the City that a cash disoount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term 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, loss 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
heroto and their respective heirs, legal representatives, successors and assigns,
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has boon placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a oontract 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 perform work as a contractor, supplier, subcontractor, or consultant under a contraot 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 oaneellation of this Contract by the City.
1.70: QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the rnanufaoturing 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 OFWORK/SER'V'ICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished 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 (See.18-106) - If prior to Contract award it is determined that a formal
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 (Sae. 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 $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
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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.
(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 (See.18-104)
(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 oast 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 We 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 Corner, Current Solioitations 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 cheek this section of the website daily after responses are submitted to
receive the notice; or
IL 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 er non responsibility. The reeolpt 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.
ill. 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
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points hi 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
legalholiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or
legal holiday. Intermediate 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/sire 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 Commission after a favorable recommendation by the city attorney and the City Manager.
(c) Compliance with fling requirements. Faihuo of a party to timely file either the notice of intent to file a protest or
the written protest, together with the required, Filing Pee as provided in subsection (i), 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
resolvedby the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes 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 oasts 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 ofa 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
$5000,00, 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. Ha 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 deified, the filing fee shall be forfeited to the city in lieu ofpayment 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 destroyedby testing, biddor(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 beeoming the property of
the City.
1.76, SPILLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the terra of the Contract, or any part of its operations, or assign any portion
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of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withhold or conditioned, in the City's sole discretion,
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define a1I 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 spocifioations 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 beast 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 firm 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 the
Oracle System or responses may be submitted in hardcopy format to the City Cleric, 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 retunr.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; 1-95 SOUTH UNTIL IT TURNS INTO US 1, US 1 SOUTH TO 27TH AVE., TURN LEFT,
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.
FROM THE SOUTH; US 1 NORTH TO 27TH AVENUE, TORN RIGHT, PROCEED SOUTH TO SO,
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LENT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR,
CITY HALL IS AT THIF, 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 tirne 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.
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G. Modification of responses already submitted will be considered only if received at the City before the time and
elate 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.
$. 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 o#'Miami is exempt from any taxes imposed by the State and/or Federal Government,
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 ou behalf of the City of Miami reserves the right to terminate this
contract by written notice to The contractor effective the date speoified in the notice should any ofthe following
appIy;
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 PAYMENT - 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 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
aaceptanee of the goods/services and pursuant to Section 218,74, 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 mast be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your frxru 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
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the City by reason of any legal action challenging your claim,
1.86. UNAUTHORIZED WORD 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 13iddor(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 aFranchise Agreement for Commercial Solid Waste
Hauling Servioes, as specified herein, from a souree(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/CLARWFICAT1ON
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@oi.ruinmi.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 01{ FRANCHISE AGREEMENT
The Proposer(s) qualified and selected to provide the service(s) requested herein (the "Qualified Proposers)") shalI
be required to execute a Franchise Agreement ("Agreement") with the City, whioh 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 Proposor(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 speoifioations, 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 same.
The following requirements shall be met by a Prospective Proposer in order to be deemed"qualified" to provide said
services, Each Prospective Proposer:
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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.
e) Shall not owe, or be in arrears for any sum 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 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.
f) 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 executionof 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.
li) 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 O1 TIME ABOVE MINIMUM Q'QALIFICATION REQUIREMENTS AND/PR
COMPLETE AND RETURN ATTACHMENT "A", ATTESTATION OF UALIFICATIONS, MAY
MISOUALIFY A .PROSPECTIVE PROPOSER FROM PROVIDING COMMERCIAL SOLD WASTE
$,RULING 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 bo 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 Iviiami jurisdictional limits, shall meet the City's Business Tax Receipt
requirements in accordance with Chapter 31.1, Article I of the City of Mianu 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.
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2.8. PERTOT2.MANCE
The Qualified Proposer(s) will be responsible for performing 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 asto the number or frequency of work assignments under the terms of
this Agreement.
2.10. USE OP SUBCONTRACTORS
•
The Qualified Proposer shall not, at any time during the tenure of tho Agreement, subcontract any part of his/her
operations or assign any portion or part of the Agreement, to Subcontraotor(s) except under and by virtue of
permission 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 bo 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 stook or
partnership shares of the Contractor, a merger or bulls 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 assigmnent 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 approvalof 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
party in respect to all covenants of this Agreement,
The term "Contractor" shall have the same meaning as "Franchisee".
2.12. INSURANCE REQUIREMENTS
INDLMMINIVICATION
Qualified Proposer(s) shall pay on behalf of, indemnify and save City and its officials harmless, from and against
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any and all claims, liabilities, losses, and causes of action, which may arise outofproposer'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 onproposer's behalf, provided that any such olaims, liabilities, losses and
causes of such action are not attributable to the negligence or misoonduct 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
$500,000 for bodily injury caused by an accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
(2) Commercial {General Liability (Primary & Non Contributory):
A. Limits of Liability
Bodily.Injuxy and Property Damage Liability - Each Occurrence: $1.000,000.
General Aggregate Limit: $2,000,000.
Products/Completed Operations: $1,000,000.
Personal and Advertising Injury: $1 000,000,
B. Endorsements Required:
City of Miami included as an Additional insured,
Contingent and Contractual Liability
Premises and Operations Liability
Employees included as insureds.
(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
F,ach Occurrence Limit: $1,000,000,
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Aggregate Limit: $1.000,000,
(5) PexforrnaneqBpnd�! areArocalrlo Letter cf Cadhe amountf„ 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 he rated no less than "A-" as to management, and no less than "Class V" as to financial strength,
by the latest edition ofBest'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.
NOM: 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 often (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 iri conjunction with the General and Speoial 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 arty and all option tents that may be
granted to the Proposer,
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
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TJpon 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 $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 Ivey 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, Dash, 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 days 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 Mauling Services Franchise Agreement
# 03-04407 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
folders are Peg:aired to meet the performance bond requirement. Once the new Franchise Agreement is fully,
executed, the performance bonds submitted under the Commercial Waste Ltauling Services Franchise Agreement
L3-04 107will 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 thelimits 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)
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 wider the Agreement shall
be the sole responsibility of the Qualified Proposer(s),
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2.20. (FRANCHISE AGREEMENT
Although the purpose of this RFQ is to secure an Agreement that can satisfy the total needs of tho 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 commences prior to .the termination date of the Agreement and which will
extend beyond the termination date shall, unless tertdnated by mutual written agreement by both parties, continue
until completion at the same rates, terms and conditions as set forth herein.
2.22. DAMAGES TO PtBLIC/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 practioal 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 terminate 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 mason 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 termination for the convenience
of the City of Miami.
B. I''OR CONVENIENCE
The City Manager may terminate this Contraot, in whole or in part, with or without cause, upon 30 days prior
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written notice. If this Contract is for supplies, products, equipment, or software, and soterminated 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 of Miami shall be
liable only for payment hi accordance with the payment provisions of the Contract for those services rendered prior
to termination.
2.25. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any
and all such additional torms and conditions shall have na 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 bidders)/proposer(s) agree upon award of this contraot that the City of Miami shall be its primary
client and shall be serviced first during a schedule conflict arising between this contraot and any other contract
successful bidders)/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 storms 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 eancolled, 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
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will execute City furnished Agreements, to provide collection and disposal services, as determined neoossary by the
City, through the duration of the contract in order to insure availability and expediency of services. Each proposer
who seeks to he added to the Commercial Solid Waste Mauling Services contract shall be evaluated, consistent with
the requirements of this RFQ, to determine qualificationa,
2.30. AUNT AND INSPECTION RTGIITS
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 performance under 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:
18401 .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 prooureinent officer may specify general operational procedures governing the test and
inspection of all goods or services, sales or leases being performed raider 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.
(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. Na, 12271, ,f 2, 8-22-02)
18-102 . Audits.
(a) Solicitations and co ntracttralprovisions. City contracts shall provide that the city may inspect the
books and rccords 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.
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Request for Quialifications (RFQ)
222246,3
(b) Procedures for audits,
(1) The chiefprocurement 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;
o. 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. Na. 12271, § 2, 8-22-02)
The City may, at reasonable times during the term hereof, inspect Qualified Proposer's facilities and perform such
test, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by
Qualified Proposer(s) under this Agreement conform to the terms hereof, if applicable. Qualified Proposer(s) 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. Qualified Proposer(s) also agrees to allow City auditors, during regular business hours and after
reasonable notice, to audit, inspect and examine the Qualified Proposer'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), oontraet/agreement between Qualified Proposer(s) and customer and any other
financial information deemed necessary, insofar as they relate to City accounts, as well as, the Qualified Proposer(s)
entire customer base, in order to confirm the Qualified Proposer's compliance with the Franchise Agreement.
Qualified Proposer(s) further agrees to pay a one and one half percent (1,5%) penalty per month on any monies due
and owing the CITY, as a direct result of an audit from whatever applicable revenue stream during the Agreement
term, In addition, if a City Audit reveals that Qualified Proposer(s) under reported gross receipts, and results in
additional revenue due the City in the amount of $20,000.0D (per Fiscal Year) ex more, Qualified Proposer(s) agrees
to pay for the cost of said Audit. Upon audit notification, Qualified Proposer(s) agrees to deliver all financial
information and books and records to within the City limits, if said information is maintained outside the City
boundaries.
•
Qualified Proposer(s) agrees to allow City auditors the right to copy any financial related source documents when
deemed necessary, to substantiate an. audit finding. Also, any Qualified Proposer(s) requesting credit or refund for
Franchise Fees paid to the City in error, will be regoired to pay for the auditing hours necessary to verify the claim
that is performed by our City auditors, As an alternative, Qualified Proposer(s) may retain their own outside CPA
Firm to verify their claim, Qualified Proposer(s) / Franchisees must pay for the hours necessary to verify the work of
the outside CPA Firm.
2.31. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation
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Request for Qualifcatlons (RFQ)
222246,3
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of the Agreement.
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Request for Qualifications (RFQ)
222246,3
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 rnoxe 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, roofmg materials, wood, pipe, steel, gas tanks, etc.), dead anirxrals, abandoned vehicles/boats and
parts, largo 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 conunercial accounts within the City.
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Request for Qualifications (RFQ)
222246,3
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
THE CITY OF MIAMI WILL ONLY ACCEPT HARD COPY RESPONSES FOR THIS RFQ. PROPOSER
MUST SUBIYIIT AN ORIGINAL RESPONSE ALONG WITH EWE (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.
) Attestation of qualifications form. Attnchm nt A, umpleted in full. signed, and notarized. (This
document is located in the Reader I)Note end Attachna Section o_'this IFQ In the Oraeie Soul cIna
System.)
4.. Submission of all doeumentationias Urdniznum. as required in the Attestation of Oualifications (Drip.
Attachment A.
d r ra n t t a Cert3fi atlo acts o e u fo aIifl Lion 224 so ita o
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 Prpnosers 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
o 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 atilt 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 iclea(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 39 •of 39
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