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HomeMy WebLinkAbout25981AGREEMENT INFORMATION AGREEMENT NUMBER 25981 NAME/TYPE OF AGREEMENT GREAT WASTE SERVICE LLC DESCRIPTION ACCEPTANCE OF ASSIGNMENT & ASSUMPTION OF AGREEMENT/COMMERCIAL SOLID WASTE HAULING SERVICES RFQ 495355/FILE ID: 18769/R-26-0033/MATTER ID: 25-3204 EFFECTIVE DATE February 20, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/20/2026 DATE RECEIVED FROM ISSUING DEPT. 2/23/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Eduardo Falcon EXT. 1906/1901 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Great Waste Service LLC. IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT El SUPPLEMENTAL AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): This is an Acceptance of Assignment and Assumption for Contract for Commercial Solid Waste Hauling Services RFQ 495355. COMMISSION APPROVAL DATE: 1/22/2026 FILE ID: 18769 ENACTMENT NO.: 26-0033 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER February 6, 2026 Annie Perez CPPO 117:00:48 EST SIGNATURE: DocuSigned by: C_Af-fuu;e. SUBMITTED TO RISK MANAGEMENT February 6, 2026 David Ruiz I 06:48:12 EST SIGNATURE: 03..48EB73614E4 DocuSigned by: II -MI am; ,-. SUBMITTED TO CITY ATTORNEY Matter ID 25-3204 25-3204 February 18, 2026 George K. Wvsong III 171: 45 : 1 gS,g°e°o. SIGNATURE: r rt U1hsoLA., III APPROVAL BY ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER February 18, 2026 Erica T. Paschal Darling, CPA I 11:53: °°fySTev �«e SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER/CHIEF OF OPERATIONS February 18, 2026 Barbara Hernandez, MPA I 15:02 : sq°EST SIGNATURE: 6,6,, (} y APPROVAL BY ASSISTANT CITY MANAGER/CHIEF OF INFRASTRUCTURE N/A Asael Marrero°° SIGNATURE: N/A APPROVAL BY DEPUTY CITY MANAGER February 19, 2026 Natasha Colebrook -Williams I 10:25:50 EST bY SIGNATURE: N tle .a w,t,» RECEIVED BY CITY MANAGER February 20, 2026 James Reyes 1 14:57:0gST SIGNATURE: SUBMITTED TO THE CITY CLERK February 20, 202TPcdJ?fl9gtit , EST ° °°°s,°°ede. SIGNATURE: ''n-4 __ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Eduardo Falcon Contact Person Procurement Contracting Manager Title 2/6/2026 Date: Procurement Requesting Client (305) 416-1901 Telephone Legal Service Requested: Matter 25-3204: This is an Acceptance of Assignment and Assumption for Contract for Commercial Solid Waste Hauling Services RFQ 495355. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 AGREEMENT/AMENDMENT OVERVIEW AGREEMENT TITLE: Change of Assignment for Commercial Solid Waste Hauling Services 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ 0 City Commission — RESOLUTION No. 15-0499 2. PROCUREMENT METHOD: 0 RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 3. TYPE OF AGREEMENT: ❑ PROFESSIONAL SERVICES AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT ❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT ❑ CONCESSION AGREEMENT ❑ OTHER (Please explain): 4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING AMENDED ON THE CONTRACT. This is an Acceptance of Assignment and Assumption of Contract for the Commercial Solid Waste Hauling Services. 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? 0 YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? Not Amendment Change of Assignment but approved by Reso 26-0033 6. WHAT IS THE SCOPE OF SERVICES? Commercial Solid Waste Hauling Services 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Solid Waste 8. IS THE AWARDEE INCUMBENT? N/A this is a Change of Assignment upaatea 1/Zy/ZUL 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A this is a revenue generating agreement as governed by Chapter 22 of the Code. 10. WHEN DOES THE CURRENT CONTRACT EXPIRE? 3/30/26 11.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Pass / Fail Updated 1/29/2025 Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: GREAT WASTE SERVICE LLC. Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY RESPONSE City Vendor Registration Affirmation NO State of Florida Corporation (Sunbiz) YES D&B YES Pacer NO Bid/Proposal Bond N/A Upload Clear E.Upload Mr Clear Upload mr Clear Upload I= Clear View All Attachments Delete Last Delete All iSupplier Number: Great Waste Service LLC Sunbiz.pdf D&B Great Waste Service.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS 1 ATTACHMENTS System of Award Managment (SAM) YES Convicted Vendor List NO Debarred Contractors NO Not listed on webpage Suspended Contractors NO Suspended Vendors -State: NO Scrutinized Companies List: NO Google Search: YES Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear tM - Great Waste Service.pdf nvicted Vendor List - Great Waste Service.pdf Firtractor-debarment - great waste service.pdf gispended Vendor State - great waste services.pdf Irutinized Companies _ Great Waste Services.pdf Criminal check - Great Waste.pdf Civil check - Great Waste.pdf Links Verified: 9/30/2025 Falcon Eduardo Digitally signed by Falcon, Eduardo s Date: 2026.01.08 17:12:46-05'00' Al Mode All Images News Short videos More Great Waste & Recycling Services LLC civil litigation Great Waste & Recycling Services LLC has been involved in several civil litigation matters as of early 2026, primarily in Florida. Notable cases include: Recent Civil Litigation (2025-2026) • Wanda Garcia v. Great Waste & Recycling Services LLC (2025): A federal labor lawsuit filed on June 30, 2025, in the U.S. District Court for the Southern District of Florida. The plaintiff alleges violations of the Fair Labor Standards Act (FLSA) regarding employment and wage practices. • Raphael Ivan Osorio v. Great Waste and Recycling Services, LLC (2025): A personal injury case filed on July 10, 2025, in the Florida Circuit Court for Miami - Dade County. The litigation stems from claims of motor vehicle negligence involving a company vehicle. • Ignacio A. Sierra v. Great Waste and Recycling Services, LLC (2025): A personal injury and torts lawsuit involving a motor vehicle, filed in Miami -Dade County on March 25, 2025. • Brett Bochner v. Great Waste and Recycling Service, LLC (2025): Ongoing litigation where the company filed a motion to extend case management deadlines as of November 26, 2025, to allow for additional discovery. Past Legal and Compliance Issues • Financial Audit (2022): An audit by the City of Miami concluded that the company needed to improve its remittance of gross receipts and permit fees. Ask anything + 1 Al Mode All Images News Short videos More Lty What were the outcomes of the civil lawsuits against Great Waste & Recycling Services LLC in 2025? Tell me more about the FLSA claims in the Garcia v. Great Waste case I want to see more details about the 2019 settlement enforcement 9 sites Raphael Ivan Osorio v. Great Waste and Recycling ... - Law.com Jul 9, 2025 — case: Raphael Ivan Osorio v. Great Waste and Recycling Services, LLC. 2025-013141-CA-01. court: Florida Circuit Court, ... A Law.com audit-of-great-waste-and-recycling-services-I1c-report-no.-22 ... Sep 30, 2019 — We have completed an audit of selected financial records and transactions of Great Waste and Recycling Services, LLC City of Miami (.gov) Garcia v. Great Waste & Recycling Services LLC et al Jun 29, 2025 — Table title: Garcia v. Great Waste & Recycling Services LLC et al Table content: header: I Plaintiff: I Wanda Garcia I 0 Justia Show all Debarred Contractors List (Updated: May 2025) MIAMI- COUNTY # Debarred Entity and/or Individuals (abc order) Address Initiating Dept. and Contact Person Cause of Debarment Effect of Debarment Length of Debarment Contractor's Certificate of Competency or License Number; or Qualifier, when applicable 1 Aaron Construction Group, Inc. 10820 NW 138 St. Bay C-1 Hialeah Gardens, FL 33018 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 9/12/19 - 9/12/29 n/a 2 Diego Alejandro Estepa Vazquez (Individual, former officer of Aaron Construction Group, Inc.) 10820 NW 138 St Bay C-1 Hialeah Gardens, FL 33018 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 9/12/19 - Indefinite n/a 3 Javier Estepa (Individual, former officer of Aaron Construction Group, Inc.) 10820 NW 138 St Bay C-1 Hialeah Gardens, FL 33018 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 9/12/19 - Indefinite n/a 4 ABC Construction Inc 7280 NW 8th St, Miami, FL 33126 State Attorney's Office (State Attorney, 305-547-0100) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a five (5) year period 11/2/2022 - 11/2/2027 n/a 5 Jorge Gonzalez (individual, former owner/president of ABC Construction Inc) 7280 NW 8th St, Miami, FL 33126 State Attorney's Office (State Attorney, 305-547-0100) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a five (5) year period 11/2/2022 - 11/2/2027 n/a 6 Another Garage Gate, Inc. 3771 NW 51 ST UNIT A, Miami, FL 33142 State Attorneys Office (State Attorney, ey's 0f7-0100) The debarment is a condition of an Order of Probation. As such, he should be ineligible for any new work from any County Department. Excluded from Contracting w/Miami-Dade County for a five (5) year period 08/30/2023 - 08/30/2028 n/a 7 Raudel Diaz (Individual, princiapl of Another Garage Gate, Inc.) 3771 NW 51 ST UNIT A, Miami, FL 33142 (State State Attorney's Office (State Attorney, 305Office 00) The debarment is a condition of an Order of Probation. As such, he should be ineligible for any new work from any County Department. Excluded from Contracting w/Miami-Dade County for a five (5) year period 08/30/2023 - 08/30/2028 n/a 8 Association of Community Organizations for Reform Now (ACORN) 2609 Canal St, 4th floor New Orleans, LA 70119 U.S. Congress (Office of Management & Budget, 202- 395-3080) Section 163 of the Continuing Appropriations Resolution, 2010, Division B of Public Law #111-68 Excluded from Contracting w/ Miami -Dade County Indefinitely. 10/07/2009 - Indefinite n/a 9 Biscayne Housing Group, LLC 25 Se 2nd Ave, Miami, FL, 33131-1508 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021 - 1/5/2031 n/a 10 Michael Cox (individual, former partner of Biscayne Housing Group, LLC) 828 NW 9th Ave Miami, Fl 33136 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021 - 1/5/2031 n/a 11 BJK Construction Services, Inc 970 W McNab Rd # 210, Fort Lauderdale, FL 33309 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 7/8/2021 - 7/8/2031 n/a This report is maintained by Strategic Procurement Department (SPD). Please note: this list is only updated when an entity or individual is added or removed. For any questions, please contact Michou Jean, at (305) 375-3161. Debarred Contractors List (Updated: May 2025) MIAMI-DADE COUNTY # Individuals (abc order) Debarred Entity and/or Address Person Initiating Dept. and Contact Cause of Debarment Effect of Debarment Length of Debarment Contractor's Certificate of Competency or License Number; or Qualifier, when applicable 12 Michael Runyan (individual, owner of BJK Construction Services, Inc) 4411 Ne 30 Ave,] Lighthouse Point, FL 33064 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 7/8/2021 - 7/8/2031 n/a 13 Carlisle Development Group 2950 SW 27th AveSte 200 Miami, FI 33133 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021- 1/5/2031 n/a 14 Lloyd Boggio (individual, former partner of Carlisle Development Group) 3316 Devon CT, Miami, Fl 33133 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021 - 1/5/2031 n/a 15 Matthew Greer (individual, former partner of Carlisle Development Group) 240 Ari Way Miami Beach, F133141 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021 - 1/5/2031 n/a 16 Design Management and Builders Corporation 5514 NW 72ND AVE, Miami, Florida, 3316611 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 9/22/2021-9/22/2031 n/a 17 Arturo P. Hevia (individual, owner of Design Management and Builders Corporation) 2411 SW 83 COURT Miami, FL 33155 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 9/22/2021-9/22/2031 n/a 18 Ecological Paper Recycling, Inc. 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 19 Jose Flores (indvidual, former officer of Ecological Paper Recycling, Inc.) 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 20 Manuela Flores (individual, former officer of Ecological Paper Recycling, Inc.) 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 21 William Hernandez (individual, former officer of Ecological Paper Recycling, Inc.) 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 22 Global Electrical & Lighting Supplies, Inc. 13751 SW 143rd Ct SUITE 101, MIAMI, FL 33186 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/18/2018 - 1/18/2028 n/a 23 Rolando Perez (individual, former officer of Global Electrical & Lighting Supplies, Inc.) 13752 SW 143rd CT, SUITE 101, MIAMI, FL 33186 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/18/2018 - 1/18/2028 n/a This report is maintained by Strategic Procurement Department (SPD). Please note: this list is only updated when an entity or individual is added or removed. For any questions, please contact Michou Jean, at (305) 375-3161. 2 Debarred Contractors List (Updated: May 2025) MIAMI-DADS COUNTY # Debarred Entity and/or Individuals (abc order) Address Initiating Dept.and Contact Person Cause of Debarment Effect of Debarment Length of Debarment Contractor's Certificate of Competency or License Number; or Qualifier, when applicable 24 Vivian Perez (individual, former officer of Global Electrical & Lighing Supplies, Inc.)for 13753 SW 143rd CT, SUITE 101, MIAMI, FL 33186 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County a ten (10) year period 1/18/2018 - 1/18/2028 n/a 25 Hialeah Transport, LLC 2965 E. llth Avenue Hialeah, FL 33013 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 12/21/2015 - Indefinite n/a 26 Amancio Alonso (individual, former officer of Hialeah Transport, LLC) 2965 E. llth Avenue Hialeah, FL 33013 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 12/21/2015 - Indefinite n/a 27 Jose Barroso (indvidual, former officer of E&C Electrical Service, Inc.) 1625 NE 104th St Miami Shores, FL 33138 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 1/18/2018 - 1/18/2028 n/a 28 Roy J. Bustillo (individual, former officer of Municipal Lighting Systems Group, Inc.) 7035 SW 47th St A Miami, FL 33155 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 1/18/2018 - 1/18/2028 n/a 29 Jorge De La Noval (individual, owner and operator of The Ultimate Electrician) 13701 SW 88TH ST STE 222 MIAMI, FL 33186 Miami Dade County Office of Inspector General, 305-375- 1946 Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a five (5) year period 8/26/2021 - 8/26/2026 n/a 30 Siltek Affordable Housing, LLC. 5800 SW 178th Ave, Southwest Ranches, FL 33331 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-39 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 6/20/2024 - 6/19/2034 n/a 31 Rene Antonio Sierra (individual, former officer of Siltek Affordable Housing, LLC.) 481 Ranch Road Weston, Florida 33325 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a nine (9) year period 11/30/2019 - 11/29/2028 n/a This report is maintained by Strategic Procurement Department (SPD). Please note: this list is only updated when an entity or individual is added or removed. For any questions, please contact Michou Jean, at (305) 375-3161. 3 pip=' m MANAGEMENT SERVICES Menu Home / Business Operations / State Purchasing / State Agency Resources / Vendor Rice istration and Vendor Lists / Convicted Vendor List Convicted Vendor List The Department of Management Services maintains a "list of the names and addresses of those who have been disqualified from the public contracting and purchasing process" under section 287.133, Florida Statutes. There are currently no vendors on this list. State Purchasing Chief Procurement Officer (CPO) Memoranda Executed Agency ACS Requests State Contracts and Agreements MyFloridaMarketPlace Public Procurement Professional Development Approved Drone Manufacturers State Agency Resources Statewide Travel Management System Vendor Resources State Purchasing Insurance Program .(SPIP) Contact Us State Purchasing Website Feedback Office of Supplier Development .(OSD) Terms and Conditions Privacy Statement Agency Information Open Government DMS Leadership Agency Organization Accessibility Statement Copyright ©2026 Department of Management Services - State of Florida Al Mode All Images News Short videos More Great Waste & Recycling Services LLC criminal litigation As of January 2026, there is no public record of criminal litigation specifically involving "Great Waste & Recycling Services LLC." This company, based in Florida, appears to be primarily involved in civil litigation rather than criminal proceedings. Recent and notable civil cases involving Great Waste & Recycling Services LLC include: Recent Civil Litigation (2025-2026) • Wanda Garcia v. Great Waste & Recycling Services LLC (2025): A federal labor lawsuit filed on June 30, 2025, in the Southern District of Florida. The plaintiff alleged violations of the Fair Labor Standards Act (FLSA) related to employment and wage claims. • Raphael Ivan Osorio v. Great Waste and Recycling Services, LLC (2025): A personal injury lawsuit filed on July 10, 2025, in Miami -Dade County Circuit Court. The case involves claims of motor vehicle negligence and auto -related personal injury. • Brett Bochner v. Great Waste and Recycling Service, LLC (2025): A civil case in Florida that saw activity as recently as November 26, 2025, involving motions to extend or shorten time for legal filings. • DeSantis & DeSantis of Fla, LLC v. Great Waste and Recycling Services, LLC: A civil complaint filed in Florida regarding business -related disputes. Ask anything Al Mode All Images News Short videos More for illegal e-waste disposal. • Intercon Solutions (Illinois): An executive was sentenced for illegally landfilling hazardous waste. Great Waste & Recycling Services LLC is a private company based in Miami Lakes, Florida, and frequently contracts with local municipalities like the Town of Miami Lakes for refuse services. < What were the Fair Labor Standards Act violations in the Garcia v. Great Waste & Recycling Services LLC lawsuit? Tell me more about the Osorio lawsuit Is Great Waste & Recycling Services LLC currently in any other legal disputes? 09 4 10 sites Garcia v. Great Waste & Recycling Services LLC et al Jun 29, 2025 — Docket Report. This docket was last retrieved on July 1, 2025. A more recent docket listing may be available from PACE... 0 Justia Garcia v. Great Waste & Recycling Services LLC - Law.com Jun 29, 2025 — Garcia v. Great Waste & Recycling Services LLC * case: Garcia v. Great Waste & Recycling Services LLC. 1:25-cv-22936.... A Law.com Al Mode All Images News Short videos More ic3 Ramirez, Daniel From: Dun & Bradstreet <t.email@dnb.com> Sent: Thursday, January 8, 2026 4:43 PM To: Ramirez, Daniel Subject: Your DUNS Lookup Request for GREAT WASTE SERVICE LLC. CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 01/08/26 Daniel Ramirez, The following is the Dun & Bradstreet D-U-N-S® Number for GREAT WASTE SERVICE LLC. D-U-N-S number: 026207011 If this is YOUR COMPANY, learn how to monitor and potentially impact your Dun & Bradstreet business credit file with D&B Credit Insights. Call 1-800-700-2733, Monday through Friday, 8:00 AM to 6:00 PM local time or contact us at Dun & Bradstreet support. Having trouble seeing this email? View in browser Please add e.email(a�dnb.com to ensure delivery of our emails to your inbox. This is a notification regarding your service with Dun & Bradstreet. Privacy and Terms of Service Notice: Your privacy is important to us; please see our Privacy Policy and Terms of Use. To unsubscribe from future emails click here, or to update your email preferences, please click here. © 2026 Dun & Bradstreet, Inc. All rights reserved. 15335 Gate Pkwy, Jacksonville, FL 32256, USA 1 DIVISION OF CORPORATIONS J(' i ` i i»I : of ;f��;1/.org [ J1-)2D2fri0 (� fin official 5iate of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Limited Liability Company GREAT WASTE SERVICE LLC. Filing Information Document Number L13000171990 FEI/EIN Number 46-4571157 Date Filed 12/12/2013 State FL Status ACTIVE Last Event LCAMENDMENTAND NAME CHANGE Event Date Filed 06/10/2025 Event Effective Date NONE Principal Address 850 NW 144TH STREET MIAMI, FL 33168 Changed: 07/24/2025 Mailing Address 850 NW 144TH STREET MIAMI, FL 33168 Changed: 07/24/2025 Registered Agent Name & Address ALTSCHUL, JOSEPH E 1911 NW 150TH AVENUE SUITE 2871 PEMBROKE PINES, FL 33028 Name Changed: 11/07/2019 Address Changed: 11/07/2019 Authorized Person(s) Detail Name & Address Title MGR PICCINONNA, CARLO 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member SACCENTI, ANGELA 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member PICCINONNA, AMANDA 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member PICCINONNA, AMBER 850 NW 144TH STREET MIAMI, FL 33168 Annual Reports Report Year Filed Date 2024 01/31/2024 2025 03/07/2025 2025 07/24/2025 Document Images 07/24/2025 --AMENDED ANNUAL REPORT 06/10/2025 -- LC Amendment and Name Chanae 03/07/2025 --ANNUAL REPORT 01/31/2024 --ANNUAL REPORT 03/08/2023 --ANNUAL REPORT 01/26/2022 --ANNUAL REPORT 04/14/2021 -- LC Name Change 02/26/2021 -- LC Name Chang@ 01/28/2021 --ANNUAL REPORT 01/20/2020 --ANNUAL REPORT 11/07/2019 -- AMENDED ANNUAL REPORT 11/05/2019 -- AMENDED ANNUAL REPORT 04/23/2019 --ANNUAL REPORT 04/09/2018 --ANNUAL REPORT 03/17/2017 --ANNUAL REPORT 03/08/2016 --ANNUAL REPORT 02/02/2015 --ANNUAL REPORT 04/22/2014 --ANNUAL REPORT 12/12/2013 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I An official website of the United States government Here's how you know WSAMGOV® Home Search Data Bank Data Services Help < Contract Award Award HSBP1014A00044 Modification Details Performance Solicitation Funding Details I Description Awardee Information Business Category Current Contract Details Legislative and Policy Details Product/Service Information Com petition Information Contract Marketing Data I 1 H S B P 1014A00044 Awardee GREAT WASTE & RECYCLING LLC Unique Entity ID (UEI): U5NKJBGD9C59 Doing Business as: (blank) Total Obligations: $0.00 Total Contract Value: $62,978.76 Total Estimated Order Value: $0.00 Contracting Department/Ind. Agency 7000 - HOMELAND SECURITY, DEPARTMENT OF Contract Award Final Details IDV Type: B PA Referenced IDV (PHD): (blank) Referenced IDV Agency: (blank) Original Date Signed: Jun 01, 2014 Agency Identifier: 7014 Closed Status: No History Modification Summary Contracting Sub -tier 7014 - U.S. CUSTOMS AND BORDER PROTECTION Contracting Office 70B03C - BORDER ENFORCEMENT CONTRACTING DIVISION Modification Details Modification Action Date Reason for Number: Obligation: Signed: Modification: P00002 $0.00 May 09, OTHER 2016 ADMINIST RATIVE ACTION Performance Period Of Performance Start Date: May 09, 2016 Solicitation Last Date to Order: (blank) Solicitation Solicitation Contract ID: Date: Opportunities (blank) (blank) Notice: (blank) Funding Details Funding Foreign Treasury Agency: Funding: Account 7000 - NOT Symbol: HOMELAN APPLICAB (blank) D LE SECURITY, DEPARTM ENT OF Description IGF::OT::IGF Awardee Information Entity Ultimate Physical Country of Name: Parent Address: Incorporation: GREAT Entity 3051 NW (blank) WASTE & Name: 129TH ST RECYCLIN GREAT OPA State of G LLC WASTE & LOCKA, RECYCLIN FLORIDA Incorporation: G LLC 33054- (blank) CAGE Code: 4924 USA (blank) Ultimate Congressional Parent Phone: District: Unique Unique (305) 688- FLORIDA Entity ID Entity ID 6188 24 (UEI): (UEI): USNKJBG USNKJBG D9C59 D9C59 Fax: (blank) Doing Business As: (blank) Domestic or Foreign Entity: U.S. OWNED BUSINESS FAR 4.1102 Exception: AWARDS TO FOREIGN ENTITIES FOR WORK PERFORM ED OUTSIDE THE UNITED STATES Business Category Socio- Contracting Organization Organization Economic Officer's Factors: Type: Data: Determination (blank) (blank) (blank) of Business Relationshi Size: p Certifications: Educational with (blank) Entities: SMALL Federal (blank) BUSINESS Government (blank) Line of Business: Other (blank) Governmental Entities: Business (blank) Types: (blank) Current Contract Details Type of Multi Year Purchase Undefinitized Contract: Contract: Card As Action: (blank) (blank) Payment {"code":" Method: X","name Nature of Major N/A ":"NO") Services: Program: OTHER (blank) Cost Performance FUNCTION Accounting Based S Contract Standards Service Financing: Clause: Acquisition: Emergency N/A NOT NO - Acquisition: APPLICAB SERVICE NOT Claimant LE WHERE APPLICAB Program EXEMPT PBA IS LE Code: FROM CAS NOT (blank) USED. Program Consolidated Contract: Cost or Acronym: GFP NO Pricing (blank) Provided Data: Under This Multiple Or Action: National (blank) Single TRANSACT Interest Award IDV: ION DOES Action: NONE SINGLE NOT USE AWARD GFE/GFP Type of IDC: (blank) Legislative and Policy Details Clinger Materials, Additional Other Cohen Act: Supplies, Reporting: Interagency No Articles, (blank) Contracting and Equip: Statutory Authority: Construction NO Interagency (blank) Wage Rate Contracting Requirements: Labor Authority: NO Standards: (blank) NO Subcontract Bundled Plan: Recovered Contract: PLAN NOT Materials/ NOT A REQUIRED Sustainability: BUNDLED (blank) REQUIRE Initiative: MENT (blank) Product/Service Information Product/Service Sea Code: Transportation: S205 - (blank) HOUSEKE EPING- TRASH/GA RBAGE COLLECT! ON Principal NAICS Code: 562111 - SOLID WASTE COLLECT! ON Competition Information Extent Source Evaluated Type Of Set Competed Selection Preference: Aside For Process: (blank) Source: Referenced (blank) (blank) I DV N/A Local Area Solicitation Set Aside: Small Procedures: (blank) Business Extent (blank) Innovation Competed: Research (blank) Number Of (SBIR)/Small Other Than Offers Business Full And Received: Technology Fair Open (blank) Transfer Op portu nity/Limiteatom petition (STTR) Sources (blank) (blank) Number of (blank) Offers IDV Number Source: A76Action: Commercial of Offers: (blank) NO Products (blank) and Services Small Type Of Set Simplified Acquisition Business Aside: Procedures Procedures Competitiveness (blank) for (blank) Demonstration Certain Program Commercial NO Products and Commercial IDV Type Of Services Set Aside: (blank) N/A Contract Marketing Data Website FIPS 95 Individual Ordering URL: codes / Order / Call Procedure (blank) Other Text: Limit: (1000 (blank) (blank) characters): Who Can (blank) Use: Email Fee for Use ONLY THE Contact: of Service: AGENCY (blank) NO FEE AWARDIN G THE CONTRAC T MAY PLACE ORDERS. History Prepared Approved Date: Date: May 09, Oct 14, 2016 2016 Prepared Approved User: By: ECONTEH ECONTEH 7014 7014 Last Modified User: ECONTEH 7014 Last Modified Date: Oct 31, 2021 Closed Status Date: (blank) Closed By: (blank) Modification Summary Showing 1- 3 of 3 results Mod Number + P00002 + P00001 + 0 4 Reason for Modification Action Obligation OTHER ADMINISTRATIVE $0.00 ACTION FUNDING ONLY ACTION (blank) $0.00 $0.00 page 1 of l Our Website About This Site Our Community Release Notes System Alerts Policies Terms of Use Privacy Policy Restricted Data Use Freedom of Information Act Accessibility Our Partners Acquisition.gov USASpending.gov G ra nts.gov More Partners Customer Service Help Check Entity Status Federal Service Desk External Resources Contact Date Signed May 9, 2016 Feb 11, 2015 Jun 1, 2014 G S`t 0 WARNING This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. 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Box 13300, Tallahassee, Florida 32317-3300 Phone (850) 488-4406 © 2026 Florida State Board of Administration I Privacy Statement I Terms of Use pip=' m MANAGEMENT SERVICES Menu Home / Business Operations / State Purchasing / State Agency Resources / Vendor Rice istration and Vendor Lists / Suspended Vendor List Suspended Vendor List The Department of Management Services maintains a list of vendors that have been removed from the Vendor List pursuant to section 287.1351, Florida Statutes. Building Maintenance of America, LLC d/b/a Florida Building Maintenance 333 North Falkenburg Road #A117 Tampa, FL 33619 DMS 07/02/14 Notice of Default - Building Maintenance of America, LLC d/b/a Florida Building Maintenance [ 575.81 KB ] Club Tex, Inc. 2025 Broadway, Suite #15G New York, NY 10023 Correctional Consultants, LLC P.O. Box 515 Chattahoochee, FL 32324 iColor Printing and Mailing, Inc. 22873 Lockness Avenue Torrance, CA 90501 Visual Image Design Firm, LLC 6845 Narcoossee Road, Suite 59 Orlando, FL 32822 DOC DOC DEP DOH 01/24/19 Notice of Default - Club Tex, Inc.[ `- 111.75KB] 12/10/19 Notice of Default - Correctional Consultants, LLC [ 85.95 KB ] 02/20/12 06/25/15 Notice of Default - iColor Printing and Mailing, Inc. [ - 320.17 KB ] Notice of Default - Visual Image Design Firm, LLC [ - 1.78MB] Updated 72/70/79 State Purchasing Chief Procurement Officer (CPO) Memoranda Executed Agency ACS Requests State Contracts and Agreements MyFloridaMarketPlace Public Procurement Professional Development Approved Drone Manufacturers State Agency Resources Statewide Travel Management System Vendor Resources State Purchasing Insurance Program .(SPIP) Contact Us State Purchasing Website Feedback Office of Supplier Development .(OSD) Document reader download links: Adobe PDF Reader DMS Leadership Agency Organization Copyright ©2026 Department of Management Services - State of Florida ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF AGREEMENT This Acceptance of Assignment and Assumption of Agreement ("Acceptance of Assignment") is entered into February 20 , 2026 between the City of Miami, a municipal corporation of the State of Florida ("City") and Great Waste Service LLC ("Great Waste Service"), a Florida Limited Liability Company ("Provider/ Assignee"). RECITALS WHEREAS, pursuant to Resolution No. 15-0499, adopted on November 19, 2015, the City approved an Agreement pursuant to Request for Qualifications ("RFQ") 495355 Commercial Solid Waste Hauling Services, attached and incorporated as Exhibit A ("Agreement "); and WHEREAS, on October 14, 2025, Great Waste and Recycling Service, LLC., requested an assignment of the Agreement to Great Waste Service, LLC. ("Great Waste Service"); and WHEREAS, pursuant to Article XIII, Assignability, the Agreement, "shall not be transferred, conveyed, disposed of, assigned or delegated without the City's prior written consent"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: TERMS: 1. RECITALS: The recitals herein are true and correct and are hereby incorporated into and made a part of this Acceptance of Assignment. 2. CITY'S CONSENT: The City hereby acknowledges and consents to the assignment of Great Waste and Recycling Service, LLC's obligations and interests in the Agreement to Great Waste Service LLC contingent upon: (1) Great Waste Service's compliance with all requirements set forth in the Agreement, Solicitation, and any addendums, or amendments to the Solicitation, if applicable; (2) Documentation submitted in a form acceptable to the City Attorney, and Director of Procurement, which is attached hereto and incorporated by reference as Exbibit B; and 3. GREAT WASTE SERVICE'S ACCEPTANCE: By execution of this Acceptance of Assignment, Great Waste Service agrees to the terms, conditions and provisions contained in the Agreement. 4. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. To Great Waste Service Carlo Piccinonna, Manager Great Waste Service 850 NW 144th Street MIAMI, FL 33168 To the City James Reyes City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 With copies to: George K. Wysong III, City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 Annie Perez, CPPO, Director of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Dale Henderson Director of Solid Waste 1290 NW 20th Street Miami, FL 33142 5. COUNTERPARTS, ELECTRONIC SIGNATURES: This Acceptance of Assignment may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same Acceptance of Assignment. This Acceptance of Assignment may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Acceptance of Assignment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Acceptance of Assignment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Acceptance of Assignment upon request 6. GOVERNING CONDITIONS: All remaining terms of the Agreement, not specifically changed herein, and any amendment or addendum thereto, shall remain in full force and effect through the extended term. 2 IN WITNESS WHEREOF, the provider hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, as of the day and year first above written. "Provider"/ Assignee ATTEST: Great Waste Service LLC. a Florida Limited Liability Company William Hernandez Print Name: Title: Business Developement ATTEST: Todd B. Hannon, City Signed by: APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,—DocuSignecl by: attr/G ` A/SMA.id �acns�s��o��auk DS George K. Wysong III 25-3204 City Attorney By: eceA--h. Print Name: Carlo Piccinonna Title: Manager "City" CITY OF MIAMI, a municipal corporation ,—Signetl by: By: James Reyes, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: rT Doccu/Signed by: h �Crl' P Vr 1 & q I S 5:1RQ.gI�i David Ruiz, Interim Director Risk Management Department 3 COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) WH EREAS, Ce,'G6/Ar6:41%Ce a t Gf (company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the le94TW Ar,ea, LLCM (board type; Board of Directors for Inc, Board of Managers for LLC.) at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of (same as identified above) that this company is authorized to enter into the Agreement with the City, and the M 4A (company officer title) and the 71 (company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 7 7 day of IaE�E'2b2, 2025. G�A7�`:� 4Zt� GGrCr By: Print Name: eA J 13 l/V4M-' t TITLE: ("Contractor') (State) Company (sign) Print Name: 4e--L° (sign)" ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms., certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit -I . 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section I are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: C'Wrietsire /E.421 /e1.£ 44-6-- • Name: tiniZip Signature of Officer: Office Address: //149, 041-- Officer Title: 7/1 171,4 p ►'� 4 T , 11 p, 9I /A,, 13/6 S Email Address: e4i IO& EJ/2i J 4K . Main Phone Number: FEIN No. 4/6 -1i 5p7 if / 05i7 STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) The foregoing instrument was swprn to and subscribed before me by means of physical presence or CI online notarization, this /7 day of sM i' byL L ', rti vrauvbf , as the authorized officer or representative for the nongovernmental entity.. -ie he is personally known to me or has produced F ( as identification. (NOTARY PUBLIC SEAL) OveiN Jason Volpe ;�:s Comm.. HH 740227 J Expires; Dec. 3, 2029 • ,r%,^' Notary Puhlic • State Of FiOrida My Commission Expires: nature of Person Takin Oath j 01\1 lam (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED LUIZ C CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.08Z(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright 0 1995-2024 The Florida Legislature • Privacy Statement • Contact Us GRANT J. SMITH ATTORNEY -AT -LAW Grant J. Smith, Esq. gsmithPstrategysmith.com Direct Dial - 954.328.9064 October 14, 2025 VIA USPS Priority Mail - Signature Required Katie Grate, Interim Director City of Miami Department of Solid Waste 1290 NW 20th Street Miami, FL 33142 Re: Great Waste and Recycling Service, LLC., Request to Assign Commercial Waste Franchise Dear Ms. Grate: I write on behalf of my client, Great Waste and Recycling Service, LLC. In accordance with the requirements under Section 13.1, of the Non -Exclusive Commercial Solid Waste Franchise Agreement between the City of Miami and Great Waste and Recycling Service, LLC., Great Waste and Recycling Service, LLC., respectfully requests that the City of Miami assign the Commercial Non -Exclusive Hauler Franchise Agreement from Great Waste and Recycling Service, LLC., to Great Waste Service, LLC. The proposed assignee company is owned and managed by Carlo Piccinonna, who has successfully serviced customers in the City of Miami for many years. I have attached the SunBiz report for Mr. Piccinonna's company. Additionally, as also required under Section 13.1, enclosed please find reports demonstrating that Great Waste and Recycling Service, LLC., has no outstanding balances owed to the City of Miami. Thank you for your consideration. Should you have any questions or comments, or need additional information, please do not hesitate to contact me. Respectfully submitted, GIT s/14/7 Grant J. Smith, Esq. cc: Rachel Dooley, Assistant City Attorney, Supervisor (Via Email) Grant J. Smith I Attorney -at -Law 1401 East Las Olas Blvd. I Suite 130-120 I Fort Lauderdale, Florida 1 33301 1954.328.9064 Delivered to: COMMERCIAL SOLID WASTE FRANCHISEE MONTHLY REPORT FOR: EXISITNG ACCOUNTS; NEW ACCOUNTS; GROSS RECEIPTS AND OTHER ITEMS AND AMOUNTS DUE TO CITY City of Miami Finance Department /Collections 444 SW 2nd Avenue 6th Floor Miami, FL 33130 In addition to completing your monthly summary Report you are responsible for providing a detail report with the information as documented in your contract agreement, in the format of a flash drive, PDF file, Compact disk, or a hard copy of the printed detail report, to the City of Miami Solid Waste Department. In accordance with the provisions of Ordinance 13194 adopted March 14, 2016 by the Miami City Commission, (the "Ordinance") amending Chapter 22 of the code of the City of Miami as amended (the "Code"), GREAT WASTE & RECYCLING, a Florida located at 6710 MAIN ST #233 MIAMI LAKES, FL 33014 is a commercial solid waste franchisee ("franchisee") which is required to file with the City of Miami ("City") a monthly report updating its information for existing accounts within the city, new accounts within the city, and gross receipts from all accounts within thc city for the previous month("Monthly report") and to remit to the city required payments for new account fees, monthly franchise fees, and any other amounts due to the city as set forth below (collectively, "payments"). In accordance with Article V of each Franchisee's Non -Exclusive Commercial Solid Waste Franchise Agreement ("Franchise Agreement") and the Ordinance Franchisee hereby provides this Monthly Report and all required payments for the previous month ended as thc 31 day of 8 2025 as follow: 1. New Accounts for the month of August 2025 are 2 x S 12.50 = S25.00 in new Permit Per Account Fees for this monthly period remitted to the city. Existing Accounts continuing as of August 2025 total 208 accounts within the City and a copy of the most recent account list showing name, address, and gross receipt is attached hereto and incorporated hereby as Exhibit 1. 3. Monthly Gross Receipts excluding sales taxes collected from customers for commercial solid waste services rendered in the City during the previous month of August 2025 total S189,768.85 . 4. Monthly total Gross Franchise Fees The amount herewith remitted to the City as a monthly total gross receipt franchisee fee representing twenty-four percent (24%) of total monthly Gross Receipts #3 above, or S500.00 per month, whichever is greater: totals $45,544.52 5. Annual Franchise Fees Franchisee hereby remits its annual franchise fee in the amount of $0.00 6. Total Remitance: The new Permit Per Account Fee of $25.00 from item 1 above plus the Monthly Total Gross Receipts Franchisee Fees of S45,544.52 from item 4 above , total $45,569.52 hereby paid to the City of Miami. 1 HEREBY CERTIFY that Franchisee has provided to the City all required Performance Bonds evidence(s) of insurance coverage, and all amounts due to the city as of the date, that hereof, that Franchisee has complied with all requirements of the Franchisee Agreement , and that I have all neces gal authority pursuant to the corporate Resolution (attached hereto and incorporated hereby as Exhibit 2) to execute and file t s �ior[hly Return with the City on behalf of the Franchisee, and I have examined and am familliar with its contents and the records frog which they were secured, and that this return is true, correct and jomplete to the best of my knowledge and belief: Signature: I Date: /c>i de-c'/,e/c3 N/ Title: Print Name: STATE OF FLORIDA ) } SS: COUNTY OF MIAMI-DADS he Forgoing Monthly Repo was a •k owte ge before me this IL( day of M t tAkeer k, Ynda for -Profit corporation pe naIly known to me or ( ) has prods ed tfie State of Florida D 'er's oath. Notary Seal wounul ZON DE 44 8, A. At NOTARY is MA* • .' ;., PUBLIC • 4r1,M, rerQ�p� Sign Name: Print Name: mg M S-epitiy r 20` by t0 4/ t(e;notNagks the/ 'Franchisee") on behalf of said Franchisee, He /She (V ) is i • nse# as identification and did not take an NOTARY •'� STATE OF FLORIDA i i u u 5016654 i City of Miami Customer Invoice Private Hauler Invoices Send Payment To: PO Box 71234 Charlotte NC 28272-1234 Page 1 of 1 INVOICE DATE INVOICE NUMBER LIEN NUMBER NEW CHARGES PAST DUE AFTER FOLIO NUMBER 31-AUG-25 5016654 30-SEP-25 DOCUMENT NUMBER DESCRIPTION BILLING UNITS TRANSACTION AMOUNT MI20- PERMIT PER ACCOUNT FEE/ NEW (PH02) - NEW ACCOUNTS FEES MI20- MONTHLY FRANCHISE FEE (PH01) - MONTHLY FRANCHISE FEES CHARGES For online payments, visit: http://miamigov.com/pay. 2.00 189,768.85 25.00 45,544.52 N 683.54 SERVICE/PROPERTY ADDRESS CUSTOMER NUMBER LEGACY REFERENCE 101260 1236 TOTAL AMOUNT DUE $ 46,253.06 SEE REVERSE SIDE FOR BILLING INQUIRES 40 DETACH HERE AND PLEASE RETURN THE BOTTOM PORTION WITH YOUR PAYMENT - RETAIN TOP PORTION AS YOUR RECEIPT 4. City Of Miami FINANCE DEPARTMENT,444 SW 2nd Avenue, Miami, FL 33130 CUSTOMER NUMBER INVOICE NUMBER 101260 5016654 TOTAL AMOUNT DUE 46,253.06 SERVICE/PROPERTY ADDRESS NEW CHARGES PAST DUE AFTER 30-SEP-25 ❑ MAILING ADDRESS CHANGE GREAT WASTE & RECYCLING SERVICE LLC 6710 MAIN ST #233 MIAMI LAKES FL 33014 PAYMENT AMOUNT ENCLOSED i iu i 5016654 DO NOT WRITE BELOW THIS LINE 00101260 0 05016654 8 0004625306 0 8 1. Do NOT send cash. Make Check payable to: City of Miami and send to the address above. 2. Restrictive endorsements will NOT be honored. 3. Include account number on face of check or money order. 4. If there are names and/or accounts status changes, make corrections to the right of the typed mailing information and mail your payment along with such changes to: City of Miami, Customer Services, 444 SW 2nd Avenue, Room 636-1,Miami, Florida 33130. DETACH BEFORE MAILING 10/6/25, 9:28 AM City of Miami Payments Success. Confirmation #183622961 An email confirmation has been sent to 6440miami.ap@wasteconnections.com PAYMENT METHOD VISA**** **** **** 3888 CONTACT INFORMATION Michael Dudley 3840 NW 37 CT. Miami, FL 33142 6440Miami.AP©wasteconnections.com CUSTOMER NUMBER 101260_50166541 Processing Fees Total: OPTION Full Amount AMOUNT $46,253.06 $0.00 46,253.06 https://www.paydici.com/city-of-miami-fl/orders/1426151116/print_receipt 1/1 Detail by Entity Name 10/14/25, 10:18AM FLORIDA DEPARTMENT Of STATE DIVISION OF CORPORATIONS ` DIVISION of .wiz CORPORA.TIONS an official State of Florida website Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company GREAT WASTE SERVICE LLC. Filing Information Document Number L13000171990 FEI/EIN Number 46-4571157 Date Filed 12/12/2013 State FL Status ACTIVE Last Event LC AMENDMENT AND NAME CHANGE Event Date Filed 06/10/2025 Event Effective Date NONE Principal Address 850 NW 144TH STREET MIAMI, FL 33168 Changed: 07/24/2025 Mailing Address 850 NW 144TH STREET MIAMI, FL 33168 Changed: 07/24/2025 Registered Agent Name & Address ALTSCHUL, JOSEPH E 1911 NW 150TH AVENUE SUITE 2871 PEMBROKE PINES, FL 33028 Name Changed: 11/07/2019 Address Changed: 11/07/2019 Authorized Person(s) Detail https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResul...te&IistNameOrder=GREATWASTEDESIGNGREATWASTEINSI%20T190000008430 Page 1 of 3 Detail by Entity Name Name & Address Title MGR PICCINONNA, CARLO 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member SACCENTI, ANGELA 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member PICCINONNA, AMANDA 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member PICCINONNA, AMBER 850 NW 144TH STREET MIAMI, FL 33168 Annual Reports Report Year Filed Date 2024 01 /31 /2024 2025 03/07/2025 2025 07/24/2025 Document Images 07/24/2025 -- AMENDED ANNUAL REPORT 06/10/2025 -- LC Amendment and Name Change 03/07/2025 -- ANNUAL REPORT 01/31/2024 -- ANNUAL REPORT 03/08/2023 -- ANNUAL REPORT 01/26/2022 -- ANNUAL REPORT 04/14/2021 -- LC Name Change 02/26/2021 -- LC Name Change 01/28/2021 -- ANNUAL REPORT 01/20/2020 -- ANNUAL REPORT 11/07/2019 -- AMENDED ANNUAL REPORT 11/05/2019 -- AMENDED ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format PView image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 10/14/25, 10:18AM https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResul...e&IistNameOrder=GREATWASTEDESIGNGREATWASTEINSI%20T190000008430 Page 2 of 3 DIVISION OF CORPORATIONS J(' i ` i i»I : of ;f��;1/.org [ J1-)2D2fri0 (� fin official 5iate of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Limited Liability Company GREAT WASTE SERVICE LLC. Filing Information Document Number L13000171990 FEI/EIN Number 46-4571157 Date Filed 12/12/2013 State FL Status ACTIVE Last Event LCAMENDMENTAND NAME CHANGE Event Date Filed 06/10/2025 Event Effective Date NONE Principal Address 850 NW 144TH STREET MIAMI, FL 33168 Changed: 07/24/2025 Mailing Address 850 NW 144TH STREET MIAMI, FL 33168 Changed: 07/24/2025 Registered Agent Name & Address ALTSCHUL, JOSEPH E 1911 NW 150TH AVENUE SUITE 2871 PEMBROKE PINES, FL 33028 Name Changed: 11/07/2019 Address Changed: 11/07/2019 Authorized Person(s) Detail Name & Address Title MGR PICCINONNA, CARLO 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member SACCENTI, ANGELA 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member PICCINONNA, AMANDA 850 NW 144TH STREET MIAMI, FL 33168 Title Authorized Member PICCINONNA, AMBER 850 NW 144TH STREET MIAMI, FL 33168 Annual Reports Report Year Filed Date 2024 01/31/2024 2025 03/07/2025 2025 07/24/2025 Document Images 07/24/2025 --AMENDED ANNUAL REPORT 06/10/2025 -- LC Amendment and Name Chanae 03/07/2025 --ANNUAL REPORT 01/31/2024 --ANNUAL REPORT 03/08/2023 --ANNUAL REPORT 01/26/2022 --ANNUAL REPORT 04/14/2021 -- LC Name Change 02/26/2021 -- LC Name Chang@ 01/28/2021 --ANNUAL REPORT 01/20/2020 --ANNUAL REPORT 11/07/2019 -- AMENDED ANNUAL REPORT 11/05/2019 -- AMENDED ANNUAL REPORT 04/23/2019 --ANNUAL REPORT 04/09/2018 --ANNUAL REPORT 03/17/2017 --ANNUAL REPORT 03/08/2016 --ANNUAL REPORT 02/02/2015 --ANNUAL REPORT 04/22/2014 --ANNUAL REPORT 12/12/2013 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format CITY OF MIAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI AND GREAT WASTE AND RECYCLING SERVICES LLC THIS CITY OF MIAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT ("AGREEMENT"), made and entered into this j'--i -6- day of CtrC.k , 2016 by and between the City of Miami, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "CITY") and Great Waste and Recycling Services LLC, a limited liability company, qualified and authorized to do business in the State of Florida, (hereinafter referred to as "FRANCHISEE"). WITNESSETH: WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the Miami City Commission which amended Chapter 22, entitled Garbage and Other Solid Waste, of the City Code to allow regulatory permits for providing non-exclusive Commercial Solid Waste Services with Commercial Franchises to qualified firms; and WHEREAS, the City Manager has determined that FRANCHISEE is qualified to serve in the aforesaid capacity in that it has met the specifications set forth in Request for Qualifications No. 495344 and applicable sections of the Code and Ordinances of the CITY; and WHEREAS, FRANCHISEE is desirous of obtaining a non-exclusive Franchise from the CITY to provide Commercial Solid Waste Collection Services within the CITY as set forth herein; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to enter into this AGREEMENT for furnishing Commercial Solid Waste Collection Services within the CITY, as follows: 1 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 ARTICLE I GENERAL INFORMATION 1.1 Each "WHEREAS" clause set forth above is true and correct and herein incorporated by this reference, 1.2 The ATTESTATION OF QUALIFICATIONS and the remainder of FRANCHISEE'S RESPONSE in reply to the solicitation for Commercial Waste Hauling Services, submitted in response to RFQ NO. 495344 by FRANCHISEE is herein incorporated by this reference. ARTICLE II DEFINITIONS 2.1 All Definitions set forth in the City of Miami City Code ("City Code"), Chapter 22, Section 22-1, entitled Definitions, as amended, entitled Garbage and Other Solid Waste and Chapter 22 in its entirety, are hereby incorporated by this reference. All references to Chapter 22, City Code, as amended, shall automatically incorporate by reference such modifications to Chapter 22, City Code, as are passed and adopted by the Miami City Commission from time to time, without the necessity of an amendment to this AGREEMENT, having to be entered into in any such instance. 2.2 As used in this AGREEMENT, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: Agreement shall mean this FRANCHISE AGREEMENT, as it may hereinafter be amended or supplemented. Agreement Collection Area shall include the entire CITY (except The Port of Miami), as the boundaries of the CITY shall exist at all times during the life of this AGREEMENT. Annual Franchise Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE who operates within CITY limits and collects garbage and trash. See Section 22-50(b) of the City Code. Annual Specialized Waste Handling Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE who operates within CITY limits and collects trash, excluding garbage. See Section 22-50(c) of the City Code. Biomedical Waste shall mean any solid or liquid waste which may present a threat of infection to humans, including non -liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease -causing agents; and discarded sharps. The following are also included: (a) used, absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; and absorbent materials saturated with blood or blood products that have dried and/or Rev. 12/10/15 2 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 (b) non -absorbent, disposable devices that have been contaminated with blood, body fluids or, secretions or excretions visibly contaminated with blood, but have not been treated by an approved method. Biological Waste shall mean any solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. City Commission shall mean the local legislative body of the City of Miami. The City Commission is the body that approves City Franchises. Any transfers, assignments, amendments, conveyances, or delegations pursuant to this AGREEMENT shall only be made with the approval of the City Commission and in accordance with the terms in Article XIII of this AGREEMENT. City Manager shall mean the duly appointed chief administrative officer of the City of Miami. All actions of the CITY under this AGREEMENT that do not specify City Commission may be performed by the City Manager or the Director serving as the Manager's designee. Commercial Business shall mean and include all retail, professional, wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. This definition incorporates by reference the definition of "Commercial Establishment" set forth in § 15-1 of the Miami -Dade County Code. Commercial Hauler shall mean a licensed City of Miami FRANCHISEE that operates within CITY limits and provides certain services to Multi -Family and Commercial establishments including but not limited to the following; garbage, trash, recycling, roll - off, and specialized waste handling service, etc. Director shall mean the Director of the Department of Solid Waste. Franchise Fee shall mean the monthly percentage of Gross Receipts remitted to the City by each FRANCHISEE. See Section 22-56 and Section 22-50 of the City Code, as amended. By amending Section 22-56 and Section 22-50 of the City code, the franchise fee may be amended or adjusted, from time to time. FRANCHISEE acknowledges and agrees that the monthly percentage of gross receipts payable, as amended, or adjusted, will automatically apply to this AGREEMENT. FRANCHISEE also agrees that the City and FRANCHISEE will promptly execute an addendum or amendment recognizing the FRANCHISEE's obligation to pay such adjusted or amended fee as of the effective date of such amendment. If FRANCHISEE fails to pay the adjusted, franchise fcc, or fails to comply with any addendum or amendment to this AGREEMENT, the FRANCHISEE shall be deemed in default of this AGREEMENT pursuant to Article IX. Should a default occur pursuant to Article IX, this AGREEMENT will be terminated pursuant to Article X. Rev. 12/10/15 3 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 Gross Receipts shall mean all monies, whether paid by cash, check, debit or credit, collected from customers resulting from all transactions and activities in the FRANCHISEE'S regular course of business and trade including administration fees, garbage, industrial, solid waste, used cooking oil waste, sanitation, environmental charges and fees, containerized waste, environmental waste services, equipment rental and leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered materials at commercial establishments cis defined by §403.703, Florida Statutes), or from any other source related directly or indirectly from waste collection services, including, without limitations, all income derived from leasing and renting of real or tangible personal property, the use of dump trucks, grappling trucks, roll -off trucks, trailers, roll -off s, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the FRANCHISEE, exclusive of franchisee fees herein and taxes as provided by law, whether wholly or partially collected within the CITY, less bad debts. Gross Receipts shall not include income derived from the transportation, storage, treatment, collection, and removal, of biomedical, biological, or hazardous waste as herein defined_ Hazardous Waste shall mean any solid waste, or a combination of solid wastes, which, because of quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Multifamily Residence shall mean and include any building or structure containing four or more contiguous living units and intended exclusively for residential purposes. This definition incorporates by reference the definition of Multi -family residential establishment set forth in § 15-1, Miami -Dade County Code. Neighborhood Cleanups shall mean periodic intensive removal of litter, debris and other solid waste material from a designated area of the CITY, initiated or approved by the CITY, its NET offices and/or recognized community based organizations or associations including special event activities citywide. Organic Waste shall mean a type of waste material which can be broken down into its base compounds by micro-organisms and other living things, regardless of what -those compounds may be, and can be commonly found in municipal solid waste as green waste, food waste, paper waste, and biodegradable plastics, as not defined by the "Recovered Materials" definition and the associated exemption under Section403.7046, Florida Statutes. Permit Per Account Fee shall mean the charge assessed by the CITY beginning each October 1, for each account and roll -off that is acquired or maintained throughout the Fiscal Year by FRANCHISEE for the provision of commercial solid waste services. Rev, 12/10/15 4 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 Recycling shall mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or retuned to use in the form of raw materials or products. Recyclable Material shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Safety Inspection shall mean a regulatory fee as referenced in Section 166.221, Florida Statutes, which is a yearly remittance paid to the City by the Franchisee required and imposedonly in the event of sub -standard or unsafe vehicles and / or equipment the FRANCHISEE uses or intends to use to conduct business pursuant to the terms of this AGREEMENT within the City's boundaries, as determined by the Solid Waste Director. Specialized Waste Handling Services shall mean the collection and disposal of solid waste that requires special handling and management, including, but not limited to white goods (large electrical goods used domestically, such as refrigerators, washing machines, etc.), waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and biomedical and biological waste. It should be noted that these are FRANCHISEES that are in the roll -off collection business and do not collect garbage. ARTICLE III GRANTEE 3.1 The CITY grants unto the FRANCHISEE the continued non-exclusive right and privilege, with related obligations, to provide commercial solid waste services in, under, upon, over and across the present and future streets, alleys, bridges, easements, public rights -of -way and other public places within the CITY boundaries, present and future, for contracted multifamily, commercial business, governmental, religious, educational, profit and non- profit agencies and/or property owners for solid waste collection and disposal services. 3.2 The CITY further grants unto the FRANCHISEE the non-exclusive right and privilege, with related obligations, to provide solid waste collection and disposal services for construction, demolition and renovation sites located within the CITY on a contracted basis, ARTICLE IV OBLIGATIONS OF FRANCHISEE 4.1 FRANCHISEE shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological, and hazardous waste. Extraordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc.), dead animals, abandoned vehicles/boats and parts, large equipment and parts thereto will not be collected by FRANCHISEE unless specifically required by the generator (site whose processes and actions creates the waste) and agreed to by the FRANCHISEE. Rev. 12/10/15 5 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 4.2 FRANCHISEE shall make collection with as little disturbance as possible. Refuse containers shall be thoroughly emptied and maintained in a clean manner. Any refuse spilled by the FRANCHISEE shall be picked up immediately by the FRANCHISEE. The removal of all refuse within 10 ft. of container will be the responsibility of the FRANCHISEE. The FRANCHISEE will be held responsible for keeping the 10 ft. radius surrounding containers clean and free of waste and debris as long as container is on site. Service minimums for multi -family dwellings shall be as follows: • 1-4 Units — 2 CY @ 2 x per week; • 5-8 Units - 3 CY @ 2 x per week or 2 CY@ 3 x per week; • 9-12Units-4CY@2xperweek; • 13-16 Units 4CY @ 3 x per week or 3 CY @ 5 x per week; • 17-32 Units — 6 CY @ 3 x per week; • 33-48 Units — 8 CY @ 3 x per week; • Over 48 Units will require two 8 CY @ 5 x per week, with the City monitoring Solid Waste pickup activity. In case of insufficient service being noted, FRANCHISEE may be required to increase service. As per Section 22-2 (b) of the City Code, as amended, no customers are to be signed up for 1 x per week garbage collection service. 4.3 FRANCHISEE agrees that all containers shall be identified with FRANCHISEE'S name and telephone number and be sufficient in quantity and size to contain material as indicated in the City Code. All containers serviced by FRANCHISEE shall be maintained in a clean and serviceable manner at all times. At no time shall any of FRANCHISEE'S containers be left on the public right-of-way. The City, at its discretion, may require an adjustment in the location, pick up schedule or the size of the container(s) if they become an unsightly nuisance, cause a civil violation to occur, pose a threat to the surrounding environment, threaten the health and/or safety of the City's population or become unsanitary and/or inoperable. Except as otherwise provided, all vehicles used in the collection and/or transportation of waste shall be equipped with a leak -proof body of metal type. If a FRANCHISEE uses a specially designed, motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. If any pickup truck or open -bed truck is used by a FRANCHISEE, the load shall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the CITY. All vehicles shall be properly licensed, registered, and equipped in compliance with the motor vehicles laws of the State of Florida. 4.4 FRANCHISEE shall be responsible for creating and maintaining schedules and routes, as well as, frequency of service within the limitations and under the provisions of the City Code. FRANCHISEE shall be responsible for providing notification of same to its customers immediately. 4.5 In cases of natural or man-made disasters, the City Manager may grant the FRANCHISEE reasonable variance from regular schedules and routes. As soon as a declaration of an Rev. 12/10/15 6 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 emergency is issued by the Mayor, FRANCHISEE shall make reasonable efforts to secure its containers in order to prevent hazards and/or threats to public safety and health. As soon as practicable after such disaster, the FRANCHISEE shall advise the CITY and its customers of the estimated time required before regular schedules and routes can be resumed. 4.6 FRANCHISEE shall make its customers aware of Miami -Dade County's and City of Miami's mandatory Commercial and Multi -family recycling ordinance and shall make services available. FRANCHISEE shall submit to the Solid Waste Director an "Annual Recycling Report" which will describe resources and funds committed to the program; an annual list of non -recycling accounts of the FRANCHISEE, quarterly reports describing recycling and diversion accomplishments, and any resources spent for that purpose. FRANCHISEE agrees to comply with Chapter 15 of the Miami -Dade County Code, entitled "Solid Waste Management", as amended. All Multi -Family and Commercial establishments are required to initiate a recycling program. The recycling program shall be serviced by a licensed City of Miami FRANCHISEE, or a State of Florida Certified Recyclables Dealer. Failure of FRANCHISEE to offer and be willing to contract for recycling services pursuant to this provision and/or any of the recycling requirements as set forth in this Agreement, to those properties requesting such service(s) as defined and designated in the applicable City of Miami and/or Miami -Dade County Codes, shall be considered non -compliant with respect to this provision and this Agreement, and the City may seek any remedy available to it under this Agreement or at law. See Section 22-51 of the City Code, as amended. 4.7 FRANCHISEE agrees to recycle, collect and dispose of the solid waste at designated CITY buildings and properties, free of charge, pursuant to the City Code, as assigned by the Director of the Department of Solid Waste. In -kind service assignments, including recycling City facilities, will be made proportionate to FRANCHISEE'S percentage of total contracted commercial accounts in the CITY. See Section 22-1 of the City Code, as amended. 4.8 FRANCHISEE agrees to collect and dispose of waste generated at assigned Neighborhood Cleanups, and other locations within the CITY, as an in kind service in proportion to the FRANCHISEE'S percentage of the total franchise fees paid to the CITY. Such assignments are to be established by the Director of the Department of Solid Waste, who on any assignment which exceeds $500.00 in value, may require a Memorandum of Understanding ("MOU"), to be signed by the FRANCHISEE and the City Manager (or the Director), which sets forth a guaranteed maximum charge/stipulated lump sum for such assignment. Such a charge will consist of either a monetary amount, or a percentage of the franchise fee agreed upon in the MOU. The CITY will only be liable to credit this offset from the franchise fee and the FRANCHISEE will have no other monetary recourse, claim or action against the City for any payment of the in kind service assignment under this Section, 4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a valid Commercial Rev. 12/10/15 7 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 Driver's License, for the type of vehicle being operated; that the CITY may request the removal of any employee of the FRANCHISEE from City service who exhibits wanton negligence, or is discourteous in the performance ofhis/her duties; and that no person shall be denied employment by the FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion. 4.10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended and changed from time to time and to comply with all applicable laws relating to the employment of employees and the provision of commercial solid waste services. The FRANCHISEE shall have on hand at all times, in good working order, such equipment as shall permit the FRANCHISEE, adequately and efficiently, to perform its duties hereunder. FRANCHISEE shall, at all times, have available reserve equipment which can be put into service and operation within two hours of any breakdown. 4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 and Section 22- 93, as amended, of the City Code, Chapter 22, which states that it shall be unlawful for any FRANCHISEE to provide service to any commercial property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m., and to strictly adhere to any other terns and provisions of this AGREEMENT as specified in the Notice of Violation, except and only as determined by the Director of the Department of Solid Waste. Each Fiscal Year (October 1, through September 30), the amounts assessed for non- compliance of this section will be as follows: 1st Non -Compliance: 2nd Non -Compliance: 3rd Non -Compliance: Each Additional Non -Compliance: $ 262.50 S 525.00 $1,050.00 $1,050.00 For any other failure to comply with the terms of this AGREEMENT, the following amounts will be due as liquidated damages and not as a penalty, for violations of the AGREEMENT as specified in the Notice of Violation. First Violation: Second Violation: Third Violation: Each Additional Violation: $ 262.50 $ 525.00 $1,050.00 $1,050.00 These amounts are established for the failures by the FRANCHISEE to comply with this AGREEMENT. It is not the intention of the City to assess the entire amounts for minor failures to comply with the AGREEMENT unless they are of a recurring or continuing nature. The City reserves the right to assess twenty (20%) of the amounts set forth in this section for minor failures to comply with the AGREEMENT. The exact damages suffered Rev. 12/10/15 8 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 by the City cannot be known or ascertained and these amounts represent liquidated damages due at the time of the violation. 4.12 FRANCHISEE is required, pursuant to Section 22-2 (b) of the City Code, as amended, to notify the Department of Solid Waste, at least seven business days prior, of accounts for which it will discontinue service and advise if said accounts are in arrears. Should any accounts be in arrears and FRANCHISEE seeks remedy (court decisions, collection agencies, judgments, mediations, etc.) the CITY shall receive from the amount of proceeds collected and any/all applicable fees. Also, upon resumed service, FRANCHISEE agrees to immediately notify the Department of Solid Waste. FRANCHISEE shall furnish such notification(s) as are provided in Section 22-2, of the City Code. 4.13 FRANCHISEE acknowledges that under this AGREEMENT, if the CITY identifies an illegal container placed and operating within the City limits by a non -licensed Commercial Hauler who is providing Commercial Solid Waste Service without a Franchise from the CITY, the City will confiscate said container and assess charges for man-hours, equipment, disposal and administrative costs and fines. 4.14 ALL equipment utilized to collect and transport solid waste in the CITY must be conspicuously marked on both sides of the automotive unit with the name of the hauler, vehicle number, tare weight, and cubic yard capacity and a decal issued by the city. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. 4.15 At least annually (October 1) and as determined by the Director of the Department of Solid Waste, each FRANCHISEE shall supply the following information on a flash drive, PDF file, compact disc, or other acceptable format and in the manner prescribed by the Director of the Department of Solid Waste: (1) (2) (3) (4) (5) (6) (7) (8) A listing, as of the reporting date, of the names and addresses of customers, and the addresses and folio numbers of each location served. The number and capacity of each dumpster and compactor per account. The list of accounts within the City of Miami for which hand collection of bags/cans is provided. An accounts receivable aging report for each City of Miami customer. A listing of City of Miami accounts that were charged off as bad debts. A listing of the vehicles and equipment to be used in the City of Miami. Literature provided to each customer describing the goals and objectives of the recycling programs offered by the FRANCHISEE and the obligations under the Dade County mandatory multi -family and business recycling code. All literature is to be provided in English, Spanish and Creole. That the vendors in the area known as the "Produce Market" comprised of produce vendors, bounded on; the East by Northwest Tenth Ninth Avenue, on the North by Northwest Twenty -Third street, on the West by Northwest Twenty Second Avenue and on the South by Northwest Twentieth Street Rev. 12/ 10/ 15 9 City of Miami, Florida (9) Commercial Solid Waste Hauling Services RFQ 495344 and the surrounding area, be offered an Organics Recycling Program no later than October 1, 2016, and every year thereafter on October 1, if an Organics processing facility is in existence and operational, or should become operational, within a radius of thirty (30) miles from the aforementioned "Produce Market." FRANCHISEE shall have ninety (90) days to comply with this section after the day such facility becomes operational, should such facility become operational after the effective date of this Agreement. Should such facility not exist within the thirty (30) mile radius of such location, FRANCHISEE shall not be obligated to comply with the requirements of Section 4.15(8). . Such program shall use composting and/or any other environmentally accepted organics recycling program which diverts such material from any disposal site. An organic recycling work plan that includes the utilization of a future City waste conversion facility. A plan that uses (upon its' implementation) the waste conversion facility. Such facility will require organic waste as the primary feedstock to operate efficiently. Franchise haulers servicing the "Produce Market" and other customers who generate significant amounts of organic waste, such as grocery, produce, food waste and landscaping materials agree to cooperate with the Solid Waste Department in delivering valuable organic waste to the proposed City facility. The City will make every effort to set a tipping fee that will only recover the operational costs associated with running such facility. ARTICLE V FRANCHISE FEES 5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in Chapter 22 of the City Code, ARTICLE II -DEFINITIONS of the AGREEMENT and the terms of this AGREEMENT in its entirety, within specified time frames, as maybe amended or adjusted fromtime to time by the enactment of City Code amendments as referenced in "Franchise Fees" in Article II of this. AGREEMENT: 5.2 FRANCHISE FEE: FRANCHISEE agrees to remit monthly to the CITY, twenty-four percent (24%) of its Gross Receipts, generated from accounts within the City limits, or $500.00 per month, whichever is greater. Accompanying the remittance, FRANCHISEE must provide the CITY witha list of the customers' names, addresses, folio numbers, and total amount collected. FRANCHISEE agrees to maintain a second list which reflects an aging schedule of individual account charges which must be retained for a period of 60 months from the end of the AGREEMENT, and be made available at all times to CITY auditors. Twenty-four percent (24%) of the total amount collected should equal the remittance amount paid to the CITY. The remittance of the previous month's collection should be received by the CITY on or before the last day of each month. Failure to remit by the last day of the following month will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. If payment is past due in excess of 60 days, the Solid Waste Department will initiate its procedure to revoke the FRANCHISE and attach the Payment and Performance Bond for all monies due and owing the CITY, Rev. 12/10/15 10 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 including costs. It should be noted, that the twenty-four percent (24%) remitted monthly to the City, should be calculated on all monthly gross receipts, excluding receipts derived from biomedical, biological, and hazardous removal, as defined in the AGREEMENT, collected from the customers, exclusive of taxes and franchise fees. The gross percentage fee under this section does not apply to franchises engaged solely in biomedical, biological, and hazardous removal services. The CITY may, from time to time, adjust this fee by amending § 22-56 of the City Code. FRANCHISEE acknowledges it shall be obliged to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute an addendum or amendment affirming the foregoing. 5.3 ANNUAL FRANCHISE FEE: FRANCHISEE agrees to remit to the CITY annually (due October 1) the sum of $10,500.00 for the right to be a FRANCHISEE for Commercial Solid Waste Services within the City; said fee shall increase annually by $500.00. Failure to remit the required annual franchise fee by the due date will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. A FRANCHISEE that perfoinis ONLY Commercial Solid Waste Services and a FRANCHISEE that performs BOTH Commercial Solid Waste Services AND Specialized Waste Handling Services will be subject to this annual fee. This fee does NOT apply to a FRANCHISEE that performs ONLY Specialized Waste Handling. Services. See Section 22-50 (b) of the City Code, as amended. The CITY may, from time to time, adjust this fee by amending § 22-50 of the City Code. FRANCHISEE acknowledges it shall be obliged to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute an addendum or amendment affirming the foregoing. 5.5 FRANCHISEE agrees to remit to the City annually a Permit Per Account Fee in the amount of seventy-five ($75.00) (due October 1st), which shall be prorated the first year of each account according to the month of account inception, pursuant to a fee scale provided by the City, for each account effective October 1st of every new fiscal year to those accounts booked as of October 1st of every new fiscal year with whom they contract for the provision of commercial solid waste services. See Section 22-50 (a) of the City Code, as amended. In addition, for each new commercial account and new roll -off box or container acquired after October 1, the FRANCHISEE agrees to remit a fee of 75.00 for each account acquired during any month of the (See Sec.22-50 City Code) contract year. The remittance must be to the Finance Department by the end of the following month. The FRANCHISEE may only pass on an amount not to exceed thirty-eight ($38.00) of said permit per account fee to each contracted customer. Said permit per account fee shall not be transferable. Effective October 1, 2015 the annual period will begin October 1st and end September 30111. All late payments of this fee will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. 5.6 Annual Specialized Waste Handling Fee: FRANCHISEE agrees to remit to the City annually (due October 1st) the sum of $6,500.00 for the right to provide ONLY Specialized Waste Handling Services within the City limits. It should be noted, if a FRANCHISEE is providing ONLY Specialized Waste Handling Services within the City, the annual franchise fee will increase by $500.00 per year. For example; commencing October 1, 2015, the annual franchise fee for Specialized Waste Handling Services due the City will Rev. 12/10/15 11 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 be $6,500.00, and so forth throughout the AGREEMENT tetnt. All late payments of this fee will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. This fee does not allow the FRANCHISEE to perform Commercial Solid Waste (Garbage) Services within the City limits. This fee applies to a FRANCHISEE that ONLY performs Specialized Waste Handling Services within the City limits. See Section 22-50 (c) of the City Code, as amended. 5.7 Safety Inspection Fee: FRANCHISEE agrees to pay the City an annual $500.00 per vehicle safety inspection fee if a vehicle or equipment operating in the City is found to be defective, potentially unsafe, or requires inspection by city staff to ensure that the Franchisee operated vehicle is safe to operate. This is a regulatory fee as referenced in Section 166.221, Florida Statutes. This fee is for the municipal inspection of the vehicles being used by FRANCHISEE within the City. The inspection of each vehicle will occur at the City of Miami Solid Waste Department, and can occur the sole discretion of the City. Vehicles that arc used by FRANCHISEE to operate within the City boundaries are subject to the safety inspection and its accompanying fee. The vehicles will include, but are not limited to, roll - offs, grapple trucks, front and rear end loaders, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the FRANCHISEE. ARTICLE VI AUDIT AND INSPECTION RIGHTS 6.1 At reasonable times, and for a period of up to five (5) years following the date of final payment by the FRANCHISEE to CITY under the terms of this AGREEMENT, the CITY may audit, or cause to be audited, those books and records of FRANCHISEE which are related to FRANCHISEE'S performance under the terms of this AGREEMENT. FRANCHISEE 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, in accordance with the terms of this AGREEMENT, For Example; franchise fees are due on October 31, 2015 for cash received in September 2015. The final payment made under the AGREEMENT is due October 31, 2020. The audit term includes the full term of the AGREEMENT, as well as the effective five (5) year term that follows. Thus, under the terms of the AGREEMENT, an audit may commence through October 31, 2025. Auditee is required to pay all monies due as a result of such audits. 6.1.1 The City shall have the following inspection and audit rights as provided in §18-101 and § 18-102 of the City Code: 18-101 - Inspections. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect goods or services at the facilities of the contractual party and perform tests to determine whether they conform to solicitation requirements contained in invitation for bids or requests for proposals or, after award, to the terms and conditions of the contract. Such inspections and tests shall be performed in accordance with the terms and conditions of the solicitation and contract. (b) Procedures for tests and inspections. (1) The chief procurement officer may specify general operational procedures governing the test and inspection of all goods or services, sales or leases being performed under city contract by city departments, offices and individual purchasing agents. Rev. 12/10/15 12 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 (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 mariner stipulated with the approval of the city manager. (3) The chief procurement officer may prescribe chemical, physical and other performance tests for goods or services, including samples submitted with bids or offers and samples of deliveries and performance to determine their quality and conformance with the terms and conditions of the solicitation or contract. In the performance of such tests or inspections, the chief procurement officer shall have the authority to make use of the laboratory facilities of any department of the city or any outside laboratory or special expertise available to evaluate service performance. (c) Conduct of inspections. Whenever possible, inspections and tests shall be performed so as not to unduly delay or inconvenience the contractual parties. Contractual parties shall make available at no charge to the city all reasonable facilities and assistance, in order to facilitate the performance of inspections or tests by city representative. (Ord. No. 12271, § 2, 8-22-02) Sec. 18-102 - Audits. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect the books and records of contractual parties to determine conformance with the solicitation requirements contained in the invitation for bids or request for proposals or, after award, with the terms and conditions of the contract. (b) Procedures for audits, (1) The chief procurement officer may specify the general procedures for inspection of books and records and for the conduct of audits of all goods or services, sales or leases under city contracts. (2) An audit may be required when, in respect to an actual or prospective contractual party, there is: a. A question as to the adequacy of accounting policies or cost systems; b. A substantial change in the methods or levels of operations; c. Previous unfavorable experience indicating doubtful reliability of estimating, accounting or purchasing methods; d. A lack of cost experience due to the procurement of a new supply or service; or e. Other evidence that an audit is in the city's best interests as determined by the chief procurement officer, the city manager or the city commission. (c) Conduct of audits. Whenever possible, audits shall be performed so as not to unduly delay or inconvenience the contractual party. Contractual parties shall make available at no charge to the city all reasonable facilities and assistance, for the convenience of the city representatives performing the audit. (Ord. No. 12271, § 2, 8-22-02) 6.2 The CITY, or its agents, may, at reasonable times during the term hereof, inspect FRANCHISEE'S facilities and perform such tests, as the CITY deems reasonably necessary, to determine whether the goods or services required to be provided by FRANCHISEE under this AGREEMENT conform to the terms hereof. FRANCHISEE shall make available to the CITY reasonable facilities and render assistance to facilitate the performance of all tests and/or inspections by CITY representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18- 99, 18-100, 18-101 and 18-102, of the City Code, as same may be amended or supplemented, from time to time. FRANCHISEE also agrees to allow City auditors, during regular business hours and after reasonable notice, to audit, inspect and examine the FRANCHISEE'S financial records (as they relate to City of Miami revenue) including all fiscal books and records, sales tax returns, bank statements, general ledger (vouching City of Miami revenue to the G/L), contract/agreement between FRANCHISEE and customer and any other financial information deemed necessary, insofar as they relate to City Rev. 12/10/15 13 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 accounts, as well as, the FRANCHISEE'S entire customer base, in order to confirm the FRANCHISEE'S compliance with the AGREEMENT. FRANCHISEE further agrees to pay a one and one halfpercent (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 FRANCHISEE under reported gross receipts, and results in additional revenue due the City in the amount of $20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay for the cost of said Audit, in addition to any and all monies owed to the City, due to the under reporting of gross receipts, whether intentional or unintentional, as reflected by said audit Upon audit notification, FRANCHISEE agrees to deliver all financial information and books and records to within the City limits, if said information is maintained outside the City boundaries. All financial information and books and records shall be provided to CITY audit staff in a data medium and format specified by the Auditor General. Data medium includes electronic media such as CD and DVD, flash drives, and email attachments. Appropriate data format requires data be provided in unlocked Excel spreadsheet format. 6.3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial related source documents when deemed necessary, to substantiate an audit finding. Also, any FRANCHISEE requesting credit or refund for Franchise Fees paid to the CITY in error will be required to pay for the auditing hours necessary to verify the claim. ARTICLE VII INSURANCE AND BONDS 7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public liability policy in the minimum amount of $1,000,000; automobile liability insurance policy covering FRANCHISEE'S operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. FRANCHISEE'S certificate shall also include workers' compensation coverage. The City shall be listed as an additional insured for liability, and shall maintain any and all insurance as required by the terms of this AGREEMENT or as required and approved by the City's Department of Risk Management. Refer to Attachment D, Insurance requirements. 7.2 FRANCHISEE 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 FRANCHISEE'S previous 12 month franchise fees paid to the CITY (incl.uding 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 $25,000, 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 evaluatedin the current Best's Key Rating Guide, Property Liability. In lieu of a Performance Bond, the FRANCHISEE may submit an irrevocable letter of credit, cash, certified check., treasurer's or cashier's check issued by a responsible bank or trust company payable to the CITY of Miami. The Performance Bond shall be submitted to the Purchasing Department no later than ten (10) business days after approval of the Rev. 12/10/15 14 City of Miami, Florida Commercial Solid Waste Mauling Services RFQ 495344 AGREEMENT by the City Commission and prior to the execution of the AGREEMENT. See Section 22-47 (4) (b) of the City Code, as amended. ARTICLE VIII TERM 8.1 The term of the AGREEMENT shall be for a period of five (5) years with three (3) one (1) year options to renew. The AGREEMENT shall commence October 1, 2015, and shall terminate on September 30, 2020, with the three (3) one (1) year option periods through September 30, 2023. The AGREEMENT shall become effective upon execution by the parties hereto. See Section 22-57 (b) of the City Code, as amended. 8.2 The option to renew the AGREEMENT for the additional three (3) one (1) year periods will be at the sole discretion of the City. Various criteria will be established prior to each renewal period. During the review process for renewal, the established criteria will be used in order to ascertain how well each FRANCHISEE perfoiined since the inception of the October 1, 2015, AGREEMENT. It should be noted that any FRANCHISEE that is not renewed for any of the option periods, will not be allowed to operate within the City limits. ARTICLE IX DEFAULT 9.1 If FRANCHISEE fails to comply with any term or condition of this AGREEMENT, or fails to perform any of its obligations hereunder, then FRANCHISEE shall be in default. Upon the occurrence of a default hereunder, the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to FRANCHISEE, terminate this AGREEMENT. FRANCHISEE understands and agrees that termination of this AGREEMENT under this section shall not release FRANCHISEE from any obligation accruing prior to the effective date of termination. Should FRANCHISEE be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, FRANCHISEE shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this AGREEMENT, as well as, all costs and expenses incurred by the City in the re -procurement of the Services, including consequentialand incidental damages. See Section 22-58 (c) of the City Code, as amended. 9.2 If a default status is not cured and the AGREEMENT is terminated, the City has the right to seize the Franchise and transfer it to a third party. 9.3 Except as set forth in 9.2, once this AGREEMENT is terminated, the FRANCHISEE will have no authority to provide Solid Waste collection services in the CITY. Rev, 12/10/15 15 City of Miami, Florida Commercial Solid Waste Hauling Services RFO 495344 ARTICLE X RIGHT TO TERMINATE AND/OR TRANSFER AGREEMENT 10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole discretion, at any time after the CITY gives written notice to the FRANCHISEE of a default of any of the provisions in this AGREEMENT and the FRANCHISEE fails to correct the default or cease the conduct as set forth in the written notice, within fourteen (14) working days of the receipt by the FRANCHISEE of said notice from the CITY. See Section 22-49 of the City Code, as amended. 10.2 If the FRANCHISEE is in default and owes sums to the City, fourteen (14) days after notice of default has beensent to FRANCHISEE, the City will have the option of transferring the rights under that FRANCHISEE'S AGREEMENT to a third party. That right to transfer the rights under that FRANCHISEE'S AGREEMENT may be exercised at any time after the termination of the FRANCHISEE and no intent to later transfer those rights need be expressed in any notice or other communication with FRANCHISEE. 10.3 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the City Manager in accordance with the same time period as set forth in Section 22-49 of the City Code. Said request for appeal must be in writing. 10.4 All complaints received by the CITY shall be resolved by the FRANCHISEE within twenty four (24) hours, after notification by the CITY to the FRANCHISEE of said complaint. The FRANCHISEE agrees to make all reasonable and expeditious efforts to resolve every complaint. The FRANCHISEE shall perform every reasonable act to provide a level of high quality service which will minimize complaints. 10.5 It is expressly agreed that in no event shall the CITY be liable or responsible to the FRANCHISEE or its customers for any delay or temporary interruption in service because of disputes between the FRANCHISEE and Customer or any cause over which the CITY has no control. In the event of any condition which makes performance of contracts entered into under the terms and conditions of this AGREEMENT impossible, FRANCHISEE agrees that the CITY shall have the right to invite and notify other FRANCHISEE of the opportunity to provide collection and disposal services. ARTICLE XI NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent certified U.S. Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. R.ev, 12/10/15 16 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 11.2 For the present, the parties designate the following as the respective places for giving of notice, to -wit: CITY of MIAMI c/o City Manager 3500 Pan American Drive Miami, Florida, 33133 Copy To: City of Miami Director, Department of Solid Waste Director's Office 1290 NW 20th Street Miami, FL 33142 FRANCHISEE Great Waste and Recycling Services LLC 12330 SW 2 Street Plantation, Florida 33325 Attention: Carlo Piccinonna Phone: (305) 688-6188 Email: carlo@great-waste.com ARTICLE XII INDEMNIFICATION 12.1 FRANCHISEE shall indemnify, defend and hold harmless the CITY and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this AGREEMENT which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of FRANCHISEE or its employees, agents or subcontractors (collectively referred to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the FRANCHISEE to comply with any of the paragraphs herein or the failure of the FRANCHISEE to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, Federal or State, in connection with the performance of this AGREEMENT. FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or fonner employee of FRANCHISEE, or any of its subcontractors, as provided above, for which the FRANCHISEE'S liability to such employee or former employee would otherwise be limited to payments under State Workers' Compensation or similar laws. ARTICLE XIII ASSIGNABILITY 13.1 There is no right to assign this AGREEMENT. The City Commission may allow an assignment if it is deemed in the best interests of the City of Miami ("CITY") to do so. Under no circumstances may the City Commission consider assignment of a Franchise as Rev. 12/10/15 17 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 long as the FRANCHISEE has any outstanding balance to the CITY or is otherwise not in complete compliance with the AGREEMENT. If the FRANCHISEE is up to date with all payments to the CITY and is otherwise fully in compliance with the AGREEMENT, then a FRANCHISEE may request consideration for assignment only as follows: by Certified letter to the Director of the Department of Solid Waste with reports enclosed reflecting all payments due to the CITY have been paid through the date of the letter. For the purposes of this paragraph, "assignment" shall include any transfer of a majority of stock in a FRANCHISEE or any significant change in ownership or control of the FRANCHISEE, its officers, directors or personnel. The Director of the Department of Solid Waste must be notified of any sale of a majority of stock in the FRANCHISEE and any significant changes iri the ownership of the FRANCHISEE, its officers, directors or personnel by Certified letter no later than five (5) business days after such action. If assignment is granted, the new FRANCHISEE will assume all obligations set forth in the AGREEMENT and immediately comply with all terms of the AGREEMENT. If the CITY approves assignment of this AGREEMENT, it may be conditioned on the proposed assignee demonstrating fiscal solvency, reliability, and responsibility. Prior to consideration of approval by the CITY, the proposed assignee must execute an Assignment/Assumption AGREEMENT whereby they comply with every condition of the prior Franchise Agreement and this AGREEMENT must be approved as to form and correctness by the City Attorney. 13.2 This AGREEMENT shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. ARTICLE XIV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: 14.1 FRANCHISEE understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to FRANCHISEE's operations and services, public records, conflict of interest, record keeping, etc. FRANCHISEE agrees to comply with and observe all applicable Federal, State, County and City laws, rules, regulations, Codes and Ordinances, as applicable to FRANCHISEE and its operations and services, as they may be amended from time to time. ARTICLE XV NONDISCRIMINATION 15.1 FRANCHISEE represents and warrants to the CITY that FRANCHISEE does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with FRANCHISEE'S perfonnance under this AGREEMENT on account of race, color, sex, religion, age, handicap, marital status or national origin. FRANCHISEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this AGREEMENT. Rev. 12/10/15 18 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 ARTICLE XVI INDEPENDENT CONTRACTOR 16.1 FRANCHISEE is being engaged as an independent contractor, and not as an agent or employee of the CITY. Accordingly, FRANCHISEE shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the CITY, nor any rights generally afforded classified or unclassified employees. FRANCHISEE further understands that Florida Workers' Compensation benefits available to employees of the CITY are not available to FRANCHISEE, and agrees to provide workers' compensation insurance for any employee or agent of FRANCHISEE. ARTICLE XVII GOVERNING LAW; VENUE; CIVIL ACTIONS 17.1 This AGREEMENT shallbe governed by the laws, regulations, Codes and Ordinances of the Federal Government, State of Florida, Miami -Dade County and the City of Miami. This AGREEMENT shall be construed and interpreted under the laws of the State of Florida. 17.2 Venue in any claims, actions or proceedings between the parties shall be in Miami -Dade County, Florida. 17.3 In order to expeditiously handle any claims, actions or proceedings between the parties under this AGREEMENT each party voluntarily and knowingly: (i) waives their right to demand a jury trial; (ii) waives their right to file a permissive counterclaim; (iii) agrees to bear their own attorney's fees. ARTICLE XVIII SEVERABILITY 18.1 Should any section of this AGREEMENT, or any part thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall. not affect the validity of the remainder hereof. ARTICLE XIX ENTIRE AGREEMENT 19.1 This instrument and its attachments constitute the sole and only AGREEMENT of the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior Agreements, promises, negotiations, or representations not expressly set forth in this AGREEMENT are of no force or effect. 19.2 It is further understood that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Rev. 12/ 10/ 15 19 City of Mianti, Florida Commercial Solid Waste Hauling Services' RFQ 495344 19.3 Notwithstanding the aforementioned, the CITY reserves the right, from time to time, to levy other reasonable business, professional, and occupational regulatory fees, pursuant to Florida Statutes § 166.221. 19.4 The City of Miami's Department of Solid Waste, may request such other reasonable supporting financial documents, as reasonably needed, to evaluate the gross receipts of the FRANCHISEE, for accounts subject to this Franchise Agreement. ARTICLE XX APPROVAL OF THIS AGREEMENT 20.1 Execution of this AGREEMENT by the City Manager, City Attorney, City Clerk, Risk Management Administrator and FRANCHISEE, shall constitute evidence of its approval. ARTICLE XXI ADDITIONAL QUALIFIED PROPOSERS 21,1 In addition, FRANCHISEE agrees that the CITY has the right to add additional qualified proposers, (in the event any of the Franchises are cancelled, terminated, or the FRANCHISEES otherwise cease to do business or provide adequate service within the CITY), who meet allrequirements of applicable laws, codes, rules and regulations and will execute CITY furnished Agreements, to provide collection and disposal services, as determined necessary by the CITY, through the duration of the contract in order to insure availability and expediency of services. Each proposer who seeks to be added to the Commercial Solid Waste Hauling Services contract shall be evaluated, consistent with the requirements of this RFQ, to determine qualifications. ARTICLE XXII PUBLIC RECORDS 22.2 Franchisee understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, including without limitation Florida Statute § 119.0701, and agrees to allow access by the CITY and the public to all documents subject to disclosure under applicable laws. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this AGREEMENT by the CITY, 22.3 Should FRANCHISEE determine to dispute any public access provision required by Florida Statutes, then FRANCHISEE shall do so at its own expense and at no cost to the CITY. ARTICLE XXIII TERMINATION 23.1 The CITY reserves unto itself the power to revoke all franchises granted pursuant to Chapter 22 of the City Municipal Code, to change or limit the rights granted, or to otherwise Rev. 12/10/15 20 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of property, contract, or other right of FRANCHISEE, it being the express intention to reserve unto the CITY, the power in its sole discretion, to alter the methods of solid waste collection employed in the CITY, and the manner in which to provide for solid waste services delivered within the CITY, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective .officials thereunto duly authorized, this the day and year above written, ATTEST: Todd B}inon, City Clerk ATTEST: "CITY" CITY OF MIAMI, a municipal corporation "FRANCHISEE" Great Waste and Recycling Services LLC, a Limited Liability Company IA, Pin 'par --II-CBy: AOLXVICA Print Name: Title: Secretary 'Title: CORRECTNESS. APPROV:ED-A7ORM AND otoria 11469d ity Ajj�y MA% APPROVEA,At TO REQUaEMENTS Director, Ann -Mar ' anagement e(e' 1,11,2ga, 1 A company resolution Indicating the signatory is authorized to sign for and bind the Franchisee,. is required, Rev.. 12/10/15. 21 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 EXHIBIT A RFQ No, 495344 Rev. 12/10/15 23 City of Miami Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fLus/procurement Number: Title: 495344,5 Request for Qualifications for Commercial Solid Waste Hauling Services Issue Date/Time: 04-JUN-2015 Closing Date/Time: 08-JUN-2015 cr 15:00:00 Pre -Bid Conference: Voluntary Pre -Bid Date/Time: May 11, 2015 @10:00:00 Pre -Bid Location: MRC Building, 444 SW 2nd Avenue, 6th Floor Conference Room, Miami, Florida 33130 Deadline for Request for Clarification: Monday, May 18, 2015 at 5:00 PM Buyer: Osborne, Lydia Bard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: LOsborne@miamigov.com miamigov.com Buyer Facsimile: Page 1 of 39 Certification Statement Please quote on this fouu, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME. ADDRESS: PHONE: FAX EMAIL: BEEPER: SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 39 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Address: City, State, and Zip Code: Telephone Number: Fax Number: E-mail Address: Contact Person (First and Last Name): Business Tax Receipt / Occupational License Number: Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. Page 3 of 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 addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Page 4 of 39 495344,5 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions .26 2.1. PURPOSE 26 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 26 2.3. TERM OF FRANCHISE AGREEMENT .26 2.4. CONDITIONS FOR RENEWAL 26 2.5. MINIMUM QUALIFICATIONS OF PROPOSER(S) 26 2.6. PERMITS AND LICENSES .27 2.7. LEGAL REQUIREMENTS 27 2.8. PERFORMANCE 28 2.9. WORK ASSIGNMENTS 28 2.10. USE OF SUBCONTRACTORS 28 2.11. ASSIGNMENT 28 2.12. INSURANCE REQUIREMENTS 29 2.13. HOLD HARMLESS 31 2.14. PRE -PROPOSAL CONFERENCE 31 2.15. CONTRACT ADMINISTRATOR 32 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) 33 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. ADDITIONAL TERMS AND CONDITIONS 34 2.26. PRIMARY CLIENT (FIRST PRIORITY) 34 2.27. CHANGES/ALTERATIONS 35 2.28. ADDITIONAL SERVICES 35 2.29. ADDITIONAL QUALIFIED PROPOSER(S) 35 2.30. AUDIT AND INSPECTION RIGHTS 35 2.31. TRUTH IN NEGOTIATION CERTIFICATE 37 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 5 of 39 495344,5 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property, of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.iniami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 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, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. Al7DIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page6of39 495344,5 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 closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs, C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 7 of 39 495344,5 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award 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 successfulbidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand 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 "OR 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 of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION -Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 8 of 39 495344,5 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws, The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local 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 practices, 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 287.1.33(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. FI. 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. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtainedfrom 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 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: Page 9 of 39 495344,5 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City 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 prohibitedby the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject 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 file 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 Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order, 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its tmst, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 10 of 39 495344,5 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGI-IT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24, COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be 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 deternunation. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, providedthat failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation andfor which the violation remains noncompliant, (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 11 of 39 495344,5 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portionof this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment 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 - Each Response will be reviewedto 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 as required on each document. Failure Page 12 of 39 495344,5 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 the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City 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 found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract docuuments). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents, 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the 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 such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 13 of 39 495344,5 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform trader 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 fmancial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the 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/proposalprice, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 14 of 39 495344,5 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failiure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) detewauination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, :Florida. 1.40. READINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, Page 15 of 39 495344,5 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory- or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which maybe brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE --Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times 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. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 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. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 16 of 39 495344,5 Requirements". The City shall be listed as an. "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. 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 Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoi.ces 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). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section,18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. 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. 1.50. 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 th.e 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. 1.51. 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. Page 17 of 39 495344,5 1.52, NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Depai talent of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this forrnal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article 1 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. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times 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. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 18 of 39 495344,5 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PE1U ORMANCE/PAYl1'IENT BOND —A Contractor may be required to famish 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. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at' the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits 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 all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature, Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to 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 HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. 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. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 19 of 39 495344,5 1.63. 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. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment 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 correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencingon the date it is determined by the City that a cash discount applies. Price discounts off the original. prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. 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 propertywhile in route to the City of Miami shall be the responsibility of the Contractor.. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the constriction 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 contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. 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 shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 20 of 39 495344,5 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - 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. 1.71. REMEDIES PRIOR TO AWARD (Sec. 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. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (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. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 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 cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. 1. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of' general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 21 of 39 495344,5 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 Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii.Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall nm 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/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed farther with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 22 of 39 495344,5 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 costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $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. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above, If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which maybe withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, sire 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. 1.78. STJBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the 1FB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Page 23 of 39 495344,5 Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USl, USI 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: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. Tb.e 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 andtime will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A.. 1.79. TAXES - The City of 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 andsupplies 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. 1.80. TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. - 1.81. 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 Page 24 of 39 495344,5 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. 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. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used th.e goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm.'s name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attomey's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor, The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. 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. 1.87. 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. Page 25 of 39 495344,5 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for a Franchise Agreement for Commercial Solid Waste Hauling Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant withthe terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Lydia Osborne, PhT), CPPO, CPPB; fax: (305) 400-5025 or email: losborne@miamigov.com. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Monday, May 18, 2015 at 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE, 2.3. TERM OF FRANCHISE AGREEMENT The Proposer(s) qualified and selected to provide the service(s) requested herein (the "Qualified Proposers)") shall be required to execute a Franchise Agreement ("Agreement") with the City, which shall include, but not be limited to, the following terms: A. The initial term of the Agreement shall be for five (5) years. B. The City shall have the option to renew the Agreement for up to three (3) additional one (1) year periods, at its sole discretion. C. Extension of the term of the Agreement beyond the initial period is an option of the City to be exercised in its sole discretion and does not confer any rights upon the Qualified Proposer(s). It should be noted that any Qualified Proposer(s) that is not renewed for any of the option periods, will not be allowed to operate within the City limits. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following:. (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. 2.5. MINIMUM QUALIFICATIONS OF PROPOSER(S) In order to qualify, prospective Proposer shall agree to adhere to all requirements as set forth in the Non -Exclusive Commercial Solid Waste Franchise Agreement, Attachment B, as it may exist, as specified in the attached Draft form, and in its final form. Additionally, prospective Proposers 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 shall: Page 26 of 39 495344,5 a) 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, Attachment B, in the Header/Notes and Attachments section of this RFQ, in the Oracle Sourcing System) b) Agree to adhere, at the time of application and at all times during the period covered by the Franchise Agreement, to all applicable Codes and Ordinances of the City, State and Federal regulations. c) 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) Possess equipment capable of providing safe and efficient service, and have sufficient personnel to perform the same. e) Be of good moral character. This applies if the Proposer is an individual, or a firm, corporation, partnership, association or organization, any person(s) having any financial, controlling, or managing interest therein, in the Proposer. f) Maintain proper insurance coverage as defined in accordance with Section 2.12, Insurance Requirements, of the RFQ. The City shall be listed as an Additional Insured for liability and all insurances must be approved by the City's Risk Management Department prior to execution of the Agreement. g) Complete in full and return, along with the RFQ response, the attached Attachment A, Attestation of Qualifications, located in the Header/Notes and Attachments Section of this RFQ in. the Oracle Sourcing system, and provide all its required information and documentation, which shall, in part, be utilized by the City to determine qualifications. h) Agree to furnish a performance bond, in the amount equal to Twenty Five Thousand Dollars ($25,000) 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 Procurement Department within ten (10) business days after receipt of the Notice of Award and prior to final execution of the Agreement by the City. FAILURE TO MEET ANY OF THE ABOVE MINIMUM OUALIFICATION REQUIREMENTS AND/OR COMPLETE AND RETURN ATTACHMENT "A". ATTESTATION OF QUALIFICATIONS, MAY DISOIJALIFY A PROSPECTIVE PROPOSER FROM PROVIDING COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI. 2.6. PERMITS AND LICENSES The Qualified Proposer(s) shall obtain and pay for all licenses, permits, inspection fees or any other costs that may be required to perform these services, Damages, penalties, and/or fines imposed on the City for any Qualified Proposer's failure to obtain required licenses, permits or fines shall be borne solely by the Proposer. Additionally, copies of alllicenses required to complete this work should be included with response to this RFQ. Any Proposer who submits a Proposal under this RFO and is deemed qualified to provide Commercial Waste Hauling Services within the City of Miami jurisdictional limits, shall meet the City's Business Tax Receipt eguirements in accordance with Chapter 31, Article II of the City of Miami Charter. Oualified Proposer(s) shall provide a copy of the City of Miami's Business Tax Receipt to the Procurement Department within ten (10) business days after receipt of Notice of Award, 2.7. LEGAL REQUIREMENTS Page 27 of 39 495344,5 This RFQ is subject to all applicable federal, state, county and local laws, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by the Qualified Proposer(s) shall in no way be cause for relief from responsibility. 2.8. PERFORMANCE The Qualified Proposer(s) will be responsible for 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 as to the number or frequency of work assignments under the terms of this Agreement. 2.10, USE OF SUBCONTRACTORS The Qualified Proposer shall not, at any time during the tens of the Agreement. subcontract any part of their operations or assign any portion or part of the Agreement, to Subcontractor(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 be fully responsible to the City for all of the acts and omissions of any subcontractor and their employees for the performance of work under this RFQ, and for any acts and omissions of persons employed by Qualified Proposer. 2.11. ASSIGNMENT The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. The term "Contractor" shall have the same meaning as "Franchisee", Page 28 of 39 495344,5 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION QualifiedProposer(s) shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of proposer's performance under the provisions of the contract, including all acts or omissions to act on the part of proposer, including any person performing under this Contract for or on proposer's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in- the defense of any such claim, or the investigation thereof. The Proposer(s) shallfurnish to City of Miami, c/o Pm -chasing Department, 414 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: I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business 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 Page 29 of 39 495344,5 City of Miami included as an Additional Insured Pollution Liability CA 99 48 or equivalent endorsement if applicable III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of 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 IV. Umbrella Liability A. Limits of Liability Each Occurrence Limit $1,000,000 Aggregate Limit $1,000,000 City of Miami listed as an additional insured Excess Form over all applicable liability policies herein contained V. Performance bond/Letter of Credit $25,000 City of Miami listed as oblige on the bond and sole beneficiary on the letter of credit. VI. Pollution Liability (If Applicable) A, Limits of Liability Each Occurrence $1,000,000 Aggregate Limit $1,000,000 City of Miami listed as an additional insured The above policies shall provide City of Miami with written notice of cancellation or material change from Page 30 of 39 495344,5 the insurer in accordance to policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the proposer. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the proposer of his/her liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribedin the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Proposer in conjunction with the General and Special Terms and Conditions of the Request for Qualifications. The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. 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 -PROPOSAL CONFERENCE Potential Proposers are urged to attend the Voluntary Pre -Proposal Conference, which will occur on May 11, 2015 @10:00:00, at MRC Building, 444 SW 2nd Avenue, 6th Floor Conference Room, Miami, Florida 33130, A discussion of the requirements of the solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint themself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions. The purpose of the pre -proposal conference is to allow potential Proposers an opportunity to present questions to Page 31 of 39 495344,5 staff and obtain clarification of the requirements of the solicitation documents. Because the City considers the conference to be critical to understanding the solicitation requirements, attendance is Recommended. 2.15. CONTRACT ADMINISTRATOR Upon award, Qualified Proposer shall report and work directly with Mr. Donnie Horne, Superintendant/Senior Staff Analyst, 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 for the first year of the contract shall be no less that $25,000.00, as security for the faithful performance of the franchise Agreement. The amount of the bond for the second year and throughout the reaming years of the contract, including renewals and extensions thereof, 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 $25,000, whichever is greater. The surety shall have a rating classification of "A-" and a financial category of Class V as evaluated in the current Best's Key Rating Guide, Property Liability. City of Miami shall appear listed as obligee. In lieu of a Performance Bond the Qualified Proposer may submit an Irrevocable Letter of Credit cash. certified check, treasurer's or cashier's check issued by a responsible bank or trast 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 Procurement Department within ten (10) business days after receipt of Notice of Award, and prior to final execution of the Agreement by the City. During the term of the contract, including renewal and extension periods the Performance Bond shall be submitted annually, prior to the anniversary date of the contract. NOTE: Performance Bonds placed under the current Commercial Waste Hauling Services Franchise Agreement RFQ # 222246 cannot be rolled over or transferred to the new Commercial Solid Waste Franchise Agreement solicited throwth RFQ 495344. This is a new solicitation process and current and new franchise holders are required to meet the performance bond requirement. Once the new Franchise Agreement is fully executed. the performance bonds submitted under the Commercial Waste Hauling Services Franchise Agreement RFQ # 222246 will be returned to the respective franchisees. 2.17. USE OF PREMISES The Qualified Proposer(s) shall confine their equipment, apparatus, the storage of materials, and the operation of the Qualified Proposer's workmen to the limits indicated by law, ordinances, permits, or direction of the Contract Administrator, and shall not unreasonably encumber the premises with their materials, The Qualified Proposer(s) shall take all measures necessary to protect the Qualified Proposer's own materials. 2.18. LABOR, SUPERVISORS, EQUIPMENT AND MATERIALS Page 32 of 39 495344,5 The Qualified Proposer(s) shall furnish, at their 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 under the Agreement shall be the sole responsibility of the Qualified Proposer(s). 2.20. FRANCHISE AGREEMENT Although the purpose of this RFQ is to secure an Agreement that can satisfy the total needs of the City or of a specific City agency, it is hereby agreed and understood that this solicitation does not constitute the exclusive rights of the Qualified Proposer(s) to perform all the services that may be generated by the City in conjunction with this Solicitation, when deemed to be in the City's best interests to establish a separate contract to provide said services. 2.21. LIMITED AGREEMENT EXTENSION Any specific work assignment which commences prior to the termination date of the Agreement and which will extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, continue until completion at the same rates, terms and conditions as set forth herein. 2.22. DAMAGES TO PUBLIC/PRIVATE PROPERTY Qualified Proposer(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Qualified Proposer, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time, (Not to exceed one month from date damage was done). 2.23. SAFETY MEASURES Qualified Proposer(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of the Qualified Proposer(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Qualified Proposer(s) shall use only equipment that is fully operational and in safe operating order. Qualified Proposer(s) shall be especially carefal when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. ‘2.24. TERMINATION Page 33 of 39 495344,5 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 reason that the Qualified Proposer(s) was not in default or (2) the Qualified Proposer's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, with or without cause, upon 30 days prior written notice. If this Contract is for supplies, products, equipment, or software, and so terminated 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 in 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 as part of the Proposer's solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement, Qualified Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and. exempt from disclosure requirements; and, (5) provide all electronically stored public records to the City in a format compatible with the City's information technology systems. 2.26. PRIMARY CLIENT (FIRST PRIORITY) Page 34 of 39 495344,5 The Qualified Proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Qualified 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. CIIANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.28. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.29. ADDITIONAL QUALIFIED PROPOSER(S) It is expressly agreed that in no event shall the City be liable or responsible to the Qualified Proposer(s) or its customers for delay or temporary interruption in service because of disputes between the parties or any cause over which the City has no control. In the event of any condition which makes performance of contracts entered into under the terms and conditions of this Agreement impossible, Qualified Proposer(s) agrees that the City shall have the right to invite, notify, and qualify other Prospective Proposers of the opportunity to provide collection and disposal services. In addition, Qualified Proposer(s) agree that the City has the right to add additional Qualified Proposer(s), (in the event any of the Proposers are cancelled, terminated, or the Proposers otherwise cease to do business or provide adequate service within the City), who meet all requirements of applicable laws. codes, rules and regulations and will execute City furnished Agreements, to provide collection and disposal services, as determined necessary by the City. through the duration of the contract in order to insure availability and expediency of services. Each proposer who seeks to be added to the Commercial Solid Waste Hauling Services contract shall be evaluated, consistent with the requirements of this RFQ, to determine qualifications. 2.30. AUDIT AND INSPECTION RIGHTS The City may, at reasonable times, and for a period of up to five (5) years following the date of final payment by the Qualified Proposer(s) to City under this Agreement, audit, or cause to be audited, those books and records of Qualified Proposer(s) which are related to Qualified Proposer's performance under this Agreement. Qualified Proposers) 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: 18-101 . Inspections (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect goods Page 35 of 39 495344,5 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 in spections and tests shall be performed in accordance with the terms and conditions of the solicitation and contract. (b) Procedures for tests and inspections. (1) The Chief Procurement Officer may specify general operational procedures governing the test and inspection of all goods or services, sales or leases being performed under city contract by city departments, offices and individual Procurement Officers, (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 Procurement Officer or department maybe 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. No. 12271, § 2,, 8-22-02) 18-102 . Audits. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect the books and records of contractual parties to determine conformance with the solicitation requirements contained in the invitation for bids or request for proposals or, after award, with the terms and conditions of the contract. (b) Procedures for audits. (1) The Chief Procurement Officer may specify the general procedures for inspection of books and records and for the conduct of audits of all goods or services, sales or leases under city contracts. (2) An audit may be required when, in respect to an actual or prospective contractual party, there is: a. A question as to the adequacy of accounting policies or cost systems; b. A substantial change in the methods or levels of operations; c. Previous unfavorable experience indicating doubtful reliability of estimating, accounting or 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 Page 36 of39 495344,5 Officer, the City Manager or the City Commission. (c) Conduct of audits. Whenever possible, audits shall be performed so as not to unduly delay or inconvenience the contractual party. Contractual parties shall make available at no charge to the city all reasonable facilities and assistance, for the convenience of the City representatives performing the audit. (Ord. No. 12271, § 2, 8-22-02) The City may, at reasonable times during the term hereof, inspect Qualified Proposer's facilities and 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/h), contractlagreement 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 $20,000.00 (per Fiscal Year) or 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 required 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 Qualified Proposer shall act as the execution of truth -in -negotiation 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. Page 37 of 39 495344,5 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami (hereinafter referred to as "City") is seeking to qualify private commercial haulers (herein referred to as "haulers" or "contractors") to enter into city-wide Franchise Agreements (hereinafter referred to as "Agreement") to provide collection and disposal of all commercial solid waste and recyclable materials, excluding biomedical, biological, and hazardous waste, to its commercial establishments and multifamily residences with four (4) or more contiguous living units, totaling approximately 21,000 accounts in 34 square miles. The RFQ includes garbage, trash, specialized roll -off and recycling services. Extra -ordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc.), dead animals, abandoned vehicles/boats and parts, large equipment and parts thereto will not be collected by the hauler unless specifically required by the generator and agreed to by the hauler. The Agreement shall enable qualified haulers to provide these services within the City for the term specified in the Agreement, Qualified Proposer shall be responsible for seeking their own commercial accounts within the City. Page 38 of 39 495344,5 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS THE CITY OF IVIIAMI WILL ONLY ACCEPT HARD COPY RESPONSES FOR THIS REQ._PROPOSER MUST SUBMIT AN ORIGINAL RESPONSE ALONG WITH SIX (6) COPIES, IN ADDITION TO AN ELECTRONIC COPY (FLASH DRIVE). The following documents should be submitted as part of the Response to this RFQ. a) Copy of hauler's current Business Tax Receipt / Occupational License. b) Attestation of Qualifications Form,AttachmentA, completed in full, signed, and notarized. (This document is located in the Header / Notes and Attachments Section of this RFQ, in the Oracle Sourcing System.) c) Submission of all documentation, as a minimum, as required in the Attestation of Qualifications Form Attachment A. dl Certification Statement and Certifications Section of the Request for Oualifications # 495344 solicitation document must be completed in full and signed. FAILURE TO SUBMIT THE ABOVE REQUIRED DOCUMENTATION AND OTHER REQUIRED INFORMATION MAY DISQUALIFY YOUR RESPONSE. Note: Prospective Proposers are not required to submit along with their response an executed copy of the Commercial Solid Waste Franchise Agreement. Section 2.16. Performance Bond Requirements indicates when to submit executed copies of the Franchise Agreement. 4.2. OPTIONAL REQUEST As part of this RFQ and as the City is receptive to new and innovative ideas, the City is providing the option for any Proposer to submit concepts or ideas that are innovative in nature and provide for more efficient commercial solid waste services, These innovative concepts could identify methods to accomplish the City's goals of better City regulation, to promote greater competition, innovative or innovative services and services to promote the beautification of the City and the health and welfare of its citizens, This section shall not create any obligation on the City to enter into any Agreement based on the innovative idea(s), nor include the idea(s) in the final Agreement. However, this information may, at the City's sole option, be considered and incorporated in any final Agreement. Page 39 of 39 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Procurement Director City Manager ADDENDUM NO. 5 DATE: June 3, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. Article 5, Section 5.2, has been deleted in its entirety and replaced with the following to reflect the deletions and addition of the underlined language. FRANCHISE FEE: FRANCHISEE agrees to remit monthly to the CITY, twenty-four percent (24%) of its Gross Receipts, generated from accounts within the City limits, or $500.00 per month, whichever is greater. Effective October 1, 2015, the City of Miami will require all franchisees to submit a monthly reconciliation report via the Miamibiz portal. Franchisees Instructions will be made available on the portal, providing step-by-step instructions on submitting financial information and requesting updates/removals of businesses listed. FRANCHISEE agrees to maintain a second list which reflects an aging schedule of individual account charges which must be retained for a period of 60 months from the end of the AGREEMENT, and be made available at all times to CITY auditors. Twenty-four percent (24%) of the total amount collected should equal the remittance amount paid to the CITY. The remittance of the previous month's collection should be received by the CITY on or before the last day of each month. Failure to remit by the last day of the following month will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. 1f payment is past due in excess of 60 days, the Solid Waste Department will initiate its procedure to revoke the FRANCHISE and attach the Payment and Performance Bond for all monies due and owing the CITY, including costs. It should be noted, that the twenty-four percent (24%) remitted monthly to the City, should be calculated on all monthly gross receipts, excluding receipts derived from biomedical, biological, and hazardous removal, as defined in the AGREEMENT, collected from the customers, exclusive of taxes. As payment of the franchise fee is assessed to the FRANCHISEE, FRANCHISEE may not write into its customer bills or invoices a charge labeled "City of Miami Franchise Fee," or any other language that serves to pass payment of Franchise Fees onto the customer. The gross percentage fee under this section does not apply to franchises engaged 1 Commercial Waste Hauling Services RFQ495344 solely in biomedical, biological, and hazardous removal services. The CITY may, from time to time, adjust this fee by amending § 22-56 of the City Code. FRANCHISEE acknowledges it shall be obliged to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute an addendum or amendment affirming the foregoing. B. Article 4, Section 4.5, has been deleted in its entirety and replaced with the following to reflect the deletions and addition of the underlined language: "In cases of a hurricane or other emergency or disaster situation, the City Manager may grant the FRANCHISEE reasonable variance from regular schedules and routes. As soon as a declaration of an emergency is issued by the Mayor, FRANCHISEE shall make reasonable efforts to secure its containers in order to prevent hazards and/or threats to public safety and health. As soon as practicable after such disaster, the FRANCHISEE shall advise the CITY and its customers of the estimated time required before regular schedules and routes can be resumed." C. The following are the inquiries received and the corresponding responses: 1. Pursuant to Attachment A, Attestation of Qualifications, B, Character of Applicant, (1) Penal History, Page 2, this Section requests information from "local managing officer(s)." If elected officers are not local, would the required information from local Managers suffice to satisfy this requirement, even if the people with full responsibility from the local operations, are not officers? Answer: Regardless of whether local and pursuant to the RFQ's General Terms and Conditions Sections 1.28 (Determination of Responsiveness) and 1,34 (Evaluation of Responses), the requested information for the company's officers is required as part of the City's due diligence in ascertaining whether the company is "responsible". The failure to provide the requested information would be at the risk of the company being deemed nonresponsive. 2. Article II, Definitions, Section 2.2., Agreement Collection Area, Page 2, if the Franchise Agreement Collection Area excludes PortMiami, then who would authorize haulers to service PortMiami? Whose jurisdiction does PortMiami fall under? Answers: PortMiami does not apply to this solicitation. The Port is under the jurisdiction of the County. 3. Article II, Definitions, Section 2.2., Annual Franchise Fee, Page 2, if the franchise fee changes, would the haulers be allowed to increase prices to absorb any increase tothe franchise fee? Answer: The City of Miami does not dictate price structure to the Franchisees. 4. Article II, Definitions, Section 2.2., Gross Receipts, Page 2. The definition of gross receipts includes franchise fees paid on compactors. Moreover, there are businesses in the City of Miami that separately rent compactors from manufacturers. These businesses do not pay franchise fees, which puts the Franchise haulers at a competitive disadvantage, when the rental of compactors are twenty- 2 Commercial Waste Hauling Services RFQ495344 five percent (25%) more than a company that does not pay this fee. Will the City consider removing compactors from the definition of gross receipts? Answer: The City will look into this matter separately, however, this does not preclude a Proposer from responding to the Solicitation. 5. Article II, Definitions, Section 2.2., Gross Receipts, Page 3. Proposer requests that the definition of Gross Receipts not include administrative fees, fuel or environmental fees, fuel surcharge, or any other fee that would not be assessed a franchise fee. Answer: The definition of Gross Receipts is defined in the solicitation. 6. Article IV, Obligations of the Franchisee, Section 4.1, Page 5. The City includes wood, pipe steel as unacceptable waste. Please remove these items from the definition of unacceptable waste. Answer: This section is under review, however, this does not preclude a Proposer from responding to the Solicitation. 7. Article IV, Obligations of the Franchisee, Section 4.5, Page 6. The existing agreement accounted for man-made disasters. The proposed agreement does not include man-made disasters. Please include man-made disasters in this section as it is currently included in the existing agreement. Answer: Consistent with the language of the RFQ General Terms and Conditions, Section 1.31 (Emergency/Disaster Performance), the language of Franchise Agreement Section 4.5 has been amended to add and delete language as indicated in Section B above. 8. Article IV, Obligations of the Franchisee, Section 4.6, Page 7. Please change this Section to be in compliance with State law. For example, Statute 403.7046 does not require disclosure of customers. Answer: To insure that all applicable customers are being serviced and that all serviced customers are being reported, the City requires this information from the customers and the Franchisees, 9. Article IV, Obligations of the Franchisee, Section 4.12, Pages 8-9. Section 4.12 exceeds the authorityunder the cited code section, as the ordinance does not require the City to be notified of any collection matters, claims, or court proceedings involving franchisees. Moreover, there is nothing in the ordinance that permits the City to participate in such matters. Please change this section to be in compliance with the City Code section cited. Answer: Franchise Agreement Section 4.12 cites to City Code Section 22-2(b) with respect to the seven (7) day notice Franchisee must provide the City, in particular the Department of Code Enforcement and the NET Service Center, when discontinuing service to a commercial property. Concerning the requirement that the City be "notified of any collection matters, claims, or court proceedings involving franchisees", pursuant to RFQ General Terms and Conditions Section 1.27 (Default/Failure to Perform), the following shall constitute default: "becoming insolvent, being 3 Commercial Waste Hauling Services RFQ495344 declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment 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." Per this same RFQ Section 1.27, the "City shall be the sole judge of nonperformance, which shall include any failure on the part to 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." 10. Article IV, Obligations of the Franchisee, Section 4.15, Pages 9-10: Why is the organics requirement in Section 4.15 in the reporting Section? Where is the authorization in the ordinance to mandate the implementation of an organic recycling program in Section 4.15, (8) and (9)? Answers: The organics requirement is an obligation of the Franchisees, listed in the section that deals with the obligations of the Franchisees. The code will mirror the need to create more diversion from the waste stream via other proven technologies. The Department of Solid Waste is committed to work with the permitted haulers in identifying the suitable feedstock and in amounts that are not only doable but also a technology that is competitive in tipping fee pricing. 11. Article V, Franchise Fees, Section 5.2, Page 10: Why did the City remove the franchise fee from the items to be included in the calculation of the franchise fee remittance? The effect is that the customers in the City of Miami will be paying more. Answer: The definition of gross receipts is all inclusive of surcharges and other company created fees. Any revenues collected by the Franchise is subject to the franchise fee, 12. Article V, Franchise Fees, Section 5.3, page 11: The existing agreement required annual CPA statements following the close of each Fiscal year, that required under City Code 22-5(6)(b). Is the City intending to do away with this requirement? Answer: No. The City will request any needed financial data from the franchisees records. 13. Article VI, Audit and Inspection Rights, Page 12-14: Please change this Article to reflect the following: the audit right in this article should not require haulers to give any of its confidential or proprietary information to the City. The only books and records required to be delivered to the City should include documents that are directly related to the billings and collections under this agreement in order to ensure the correct payment of amounts due to the City. Any period of the contract that is subject to an audit shall only be subject to an audit for that one time and will not be subject to re -audit after any monies owed to the City for such time period have been paid. At no point in time shall the City be entitled to any of the haulers' customer lists showing pricing, services, and all other information related to such customers. Answer: The Awarded Vendor shall adhere completely with City Code Sections 18-99 (Inspections and audits for accuracy and accountability), 18-100 (Right to conduct inspections and audits), 18- 101 (Inspections) and 18-102 (Audits). Additionally, the Awarded Vendor shall comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the City to perform this service; (2) providing 4 Commercial Waste Hauling Services RFQ495344 the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensuring that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meeting all requirements for retaining public records and transferring, at no cost, to the City all public records in its possession upon termination of this Agreement and destroying any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) providing all electronically stored public records to the City in a format compatible with the City's information technology systems. 14. Article XC, Right to Terminate and/or Transfer Agreement, Page 16: Please include mutual default and termination provisions in this Article. Answer: RFQ Section 2.24 (Termination) states the City's Termination provisions with respect to default and for convenience as deemed in the City's best interest. Furthermore, pursuant to RFQ Section 2.25 Additional Terms and Conditions), "no additional terms and conditions included as part of the Proposer's solicitation response shall be evaluated or considered, and any and all additional terms and conditions shall have no force or effect and are'inapplicable to this solicitation." 15. Article X, Right to Terminate and/or Transfer Agreement, Section 10.5, Page 16. This Section includes language that allows another franchisee to pick up another franchise hauler's waste if they are in a stalemate with their customer. Please remove this provision. Answer: The City is obligated to provide a mechanism for the removal of solid waste and other debris due to potential sanitary conditions; this is a part of that mechanism. 16. As it pertains to Addendum No. 3, the response to Question 18 does not fully clarify if the franchisees must remit franchise fees for recycling of organic food waste. Answer: Franchise fees are required on gross receipts received by the franchisees forthe provision of solid waste removal services of which, recycling is included. 17. As it pertains to Addendum No. 3, the response to Question 22 does not fully clarify if revenue generated from compactors that are leased or sold to be used exclusively for "recovered materials" recycling at commercial establishments is exempt from franchise fees. Answer: That question is answered in the definitions section and other areas of the contract. 18. As it pertains to Addendum No, 3, the response to Question 5 states that materials collected from "non-commercial properties" are subject to franchise fees. Does that mean that revenue generated from recovered materials recycling service at multi -family rental apartment and multi -family condominium properties is subject to franchise fees? Answer: Per Article II of the Franchise Agreement, the "Franchise Fee" shall mean the monthly percentage of Gross Receipts remitted to the City by each Franchisee. In turn, the "Gross Receipts" 5 Commercial Waste Hauling Services RFQ495344 shall mean all monies, whether paid by cash, check, debit or credit, collected from customers resulting from all transactions and activities in the Franchisee's regular course of business and trade. Consequently, revenue generated from recovered materials recycling service at multi -family rental apartment and multi -family condominium properties is subject to franchise fees. All other information remains the same. APPROVED: Anni Pere , CPPO, Director of Procurement AP:Io c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste Pablo R. Velez, Assistant City Attorney 6 Ire 13). I Date Commercial Waste Hauling Services RPQ495344 ANNIE PEREZ, CPPO DANIELI. ALFONSO Procurement Director City Manager ADDENDUM NO. 4 DATE: May 29, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. The deadline for receipt of proposals for RFQ495344 has been extended to June 8, 2015, at 3:00 PM (local time), to allow for responses to questions received. B The following are the inquiries received and the corresponding responses: 1. Section 3.1, Specifications/Scope of Work, second paragraph, list "unacceptable waste", which includes items such as acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc. Since in this type of contract the vendor will pick up items such as excavating materials, construction and demolition debris, roofing materials, wood, pipe, and steel, would the City be responsible for the pickup of the other "unacceptable materials"? Answer: The permitted hauler may provide any of the above services provided the generator and permitted hauler agree as explained in Section 3.1, Specifications/Scope of Work. The City will not pick up any of these "unacceptable materials". Hazardous materials are to be collected and disposed of according to State law. 2. Please confirm that the performande bond referenced in Section 2.16 of the RFQ will be required to be $25,000.00 for the first year, irrespective of franchise fee obligations in past years. Answer: Pursuant to Section 2.15, Performance Bond Requirements, the amount of the bond for the first year of the contract shall be no less than $25,000.00. The amount of the bond for the second 1 Commercial Waste Hauling Services RFQ495344 year and subsequent years shall be the greater of either the prior year's franchise fee obligation to the City or the amount of $25,000.00. 3. Pursuant to Article II, Definitions, of the Franchise Agreement, under Gross Receipts, should permit fees be excluded from the franchise fees paid? Answer: Pursuant to the Agreement, Section 2.2, the definition for "Franchise Fee" shall mean the monthly percentage of Gross Receipts remitted to the City by each Franchisee. Per the same Section, "Gross Receipts" are inclusive of "administration fees." 4. Are recovered food waste products collected subject to franchise fees? Answer: Per Franchise Agreement, Section 4.1, "Franchisee shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological and hazardous waste." 5. Please confirm if the City's franchise fee is applicable to revenues generated from the following services: a) Recycling of "recovered materials," as defined by the state, at multi -family rental properties, such as apartments, and b) Recycling of "recovered materials," as defined by the state, at multi -family condominiums. (For reference, the State includes the following six items that when source -separated and recycled, are included in the definition of "recovered materials": paper, plastic, rubber, textiles, glass, and metal.) Answer: Per Agreement Section 2.2, the "Franchise Fee" is determined by a monthly percentage of gross receipts. Per this same section, "Gross Receipts" shall include "recycling (excluding recovered materials at commercial establishments as defined by §403.7046, Florida Statutes)" and shall not include "income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined." 6. Please confirm if the City's franchise fee is applicable to revenues generated from "organics" recycling services of food waste and/or materials other than paper, plastic, rubber, textiles, glass, and metal. Answer: Organic recycling services are applicable unless exempt by State law. Please also refer to response for Item 4 above. 7. a) Will the City allow firms that are NOT -commercial solid franchisees to provide organics recycling services? b) Will the City allow firms that are NOT commercial solid franchisees to provide compactor equipment sales and leasing? Answers: a) Unless exempt by State recycling laws or included on the recycling materials list, only permitted haulers are authorized to provide organics recycling services. Please note that gardeners and lawn service companies are not subject to this agreement. b) This question is outside the scope of this agreement. The City does not regulate sales or leasing of compactor equipment, therefore anyone in that business may operate openly without sanctions. 2 Commercial Waste Hauling Services RFQ495344 8. Please confirm if the City's franchise fee is applicable to revenues generated from the lease or sale of compactors and other equipment utilized solely for providing recycling of source separated "recovered materials" (as defined by the state) at commercial establishments. Answer: Pursuant to the Franchise Agreement, Section 2.2, the definition for 'Franchise Fees" shall mean the monthly percentage of Gross Receipts remitted to the City by each franchisee. Per the same section, "Gross Receipts" are inclusive of "all transactions and activities in the franchisee's regular course of business and trade". 9. The new RFQ cites Ordinance 11837 as the basis for the agreement identified as Attachment B. The City also referenced that same ordinance in the existing franchise agreement. The City has substantially amended the language in the new RFQ documents, however, by deleting "exclusive of taxes and franchise fees" in Section 5.2 when specifying the basis for remitting franchise fees, and by adding language prohibiting franchisees from disclosing to their customers the amount or percentage of franchise fees that the City requires. Since these amendments are inconsistent with past actions and practices of the City and of the Franchisees (for many years,) and both amendments are clearly changes, and not simply clarifications, will they require a change in the ordinance, requiring two hearings before the City Commission? Answer: A new ordinance is being drafted to address changes needed in the contract to clear up ambiguities and/or omissions. Additionally, in spite of what may or may not have been "past actions and practices", "for many years", and "clearly changes, and not simply clarifications", per RFQ General Terms and Conditions Section 1.10, the City has issued this solicitation to establish a new contract for said services, inclusive of all such requirements and "certain terms as are in the City's best interests". 10. Please provide the legal authority In support of Article V, Section 5.2, which reads as follows: ".....As payment of the franchise fee is assessed to the Franchisee, Franchisee may not write into the customer bills or invoices a charge labeled "City of Miami Franchise Fee," or any other language that serves to pass payment of Franchise Fee onto the customer..." Answer: Pursuant to RFQ 495344, Article XIV Compliance with Federal, State, and Local Laws, "Franchisee understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to Franchisee's operations and services, public records, conflict of interest, record keeping, etc. Franchisee agrees to comply with and observe all applicable Federal, State, County and City laws, rules, regulations, Codes and Ordinances, as applicable to Franchisee and its operations and services, as they may be amended from time to time." Additionally, and as was stated immediately above, per RFQ General Terms and Conditions Section 1.10, the City has issued this solicitation to establish a new contract for said services, inclusive of all such requirements and "certain terms as are in the City's best interests". 11. Are Proposers required to provide a Certificate of Insurance (C01) with their submissions, or will the COI be required only after award and upon execution of the Franchise Agreement? Answer: COI is not required with proposal submission, Selected Proposers will be notified upon award. 3 Commercial Waste Hauling Services RFQ495344 12. Pursuant to Section 2.24 (B), Termination for Convenience, the requests that this provision be deleted as this solicitation is not for a contract to expend funds and there are no appropriation issues. The only manner the City can terminate a Franchise Agreement is for a non -cure of a default or non- performance, not for convenience. Answer: Refer to Addendum No. 3, response to inquiry No. 17. 13. is the Certification Statement and Certifications Section part of RFQ 495344, and if so, where can they be found? Answer: The Certification Statement and Certifications can be found in the Header Section of the Solicitation. All other information remains the same. APPROVED: Annie Perez, CPPO, Director of Procurement Date AP: to c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste Pablo R. Velez, Assistant City Attorney Commercial Waste Hauling Services RFQ495344 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Procurement Director City Manager ADDENDUM NO. 3 DATE: May 18, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. The deadline for receipt of proposals for RFQ495344 has been extended to June 3, 2015, at 3:00 PM (local time), to allow for responses to questions received. B. The following are the inquiries received and the corresponding responses: is 1. Section 2.12, Insurance, conflicts with the language in the Franchisee Agreemer(t, Article VII, Insurance and Bonds, Section 7.1. Please clarify. Answer: The Insurance requirements in Section 2.12 of the Solicitation are the requirements for this solicitation. 2. Section 2.12, Insurance Requirements, Item VI, lists Pollution Liability as a requirement, if applicable. Please indicate if Pollution Liability is necessary for this Solicitation, as it is an expensive item, if not needed. Answer: Pollution Liability is a requirement for those Proposers who handle environmental and or toxic waste materials. 3. Is wood included in the definition of organic waste? Answer: Yes. 4. Section 4.15(9) references "a future City waste conversion facility," that the City may require franchisees to utilize. In order to evaluate the costs and benefits of using this facility, as well as for pricing purposes, franchisees need to know the location of the facility, and that the tipping fee will not exceed MSW tipping fees in South Florida. Please provide the location of the facility, an 1 Commercial Waste Hauling Services RFQ495344 expected opening date, and tipping fees. If tipping fees cannot be determined at this time, please provide assurance that the tipping fees will not exceed the tipping fees for MSW in South Florida. Answer: The City is currently researching the possibility of adopting a waste -to -energy facility to handle organic waste (only) from both residential and commercial users. In order for the potential project to b.e successful the City might need commercial feedstock such as food waste and even fats, oil, and grease. Since the Solid Waste Department's own green waste would be one of the main feed stocks (up to 30,000 tons per year), it is also in the best interest of the Department that the chosen technology is competitive with the area tipping fees being charged to the Department. The Department is committed to have the permitted haulers involved in the process to make this a sustainable project. The scale and location of the project has not been determined at this time. The permitted haulers will be invited to future meetings as the Department is aware some haulers have had experience with waste -to -energy technologies outside Miami -Dade County. 5. Are materials collected from non-commercial properties subject to franchise fees? Answer: Yes. 6. Per Article IV, Obligations of Franchisee, Section 4.8, how does the Franchise fees apply to In -Kind services? Answer: There are no fees for in -kind services. 7. Can the City provide a map that reflects high density areas for hours of operation optimization? Answer: No. This is not within the scope of services, and does not preclude a Proposer from proposing on the solicitation. 8. Per Article V, Franchise fees, is the aging schedule, referenced in the third sentence, really required for 60 months'? Answer: Yes. 9. In Article V, Franchise Fees, Section 5.7, Safety Inspection Fee, is the safety inspection fee applicable to all Franchisee's vehicles and or equipment? Answer: Pursuant to the referenced Article and Section, the safety inspection fee is applicable if a vehicle or equipment operating in the City is found to be defective, potentially unsafe or requires inspection by City staff to ensure that the Franchisee's operated vehicles are safe to operate. Refer to the Section for more information. 10. Does the Proposer have to complete and attach the draft Agreement or just the Attestation of Qualifications? Answer: Please refer to Section 3.1, Submission Requirements. 11. Please clarify how permit fees (Section 5.5) will be assessed on accounts started other than on October 1. Will there be a sliding scale based on the date the account was started? 2 Commercial Waste Hauling Services RFQ495344 Answer: The Permit Per Account Fee is $75.00 for all newly acquired accounts, regardless of the month in which the account is acquired. The sliding fee scale has been abolished as it was confusing to the Franchisee's, who agreed that a flat rate throughout the year was better. 12. Contamination is a concern with recycling, and particularly with "organics" (food waste) recycling. How will the City regulate commercial food waste generators and enforce requirements that these customers set out food waste separately (source separated) from all other materials and contaminants? Answer: Contamination has also been a concern to the Solid Waste Department. The Department is interested in hearing any proposals from haulers and recommends this issue be addressed in the Commercial Solid Waste Advisory Committee. 13. Article V, Franchise Fees, Section 5.2, underlined sentence states that; As payment of the franchise fee is assessed to the Franchisee Franchisee may not write into its customer bills or invoice a charge labelled "City of Miami Franchise Fee", or any other language that serves to pass payment of Franchise Fees onto the customer. Since the City cannot dictate how the Franchisee invoices its customers, what is the legal basis for this statement? Answer: Franchisees have been using the language that this is a City of Miami Fee imposed on Franchisee's customers by the City. This is incorrect, as the City does not levy fees on the Franchisee's customers. 14. Please confirm if the City will require a commercial solid waste franchise for firms engaged in businesses that are not typically franchised, but are listed in the definition of "Gross Receipts," such as used cooking oil, vector debris collection, etc. Answer: The Franchise Agreement for this solicitation only addresses all municipal solid waste activities other than single family homes and apartment units of three (3) or fewer units which are managed by the City of Miami Solid Waste Department. All other activities outside this Agreement need to refer to the City Code. 15. Section 4.2 lists minimum service levels for multi -family dwellings, but a literal reading would allow only one size of container for each category listed. In many cases, the listed container size is not feasible, such as an 8-cubic yard container in a location with a chute room or other restricted access area. Will the city add language that allows different sized containers (including compactors) that provide equivalent waste holding capacities to those listed in section 4.2? Answer: The size containers listed in this Section is in fact the requested service minimums. As long as the Franchisee provides service to accommodate the facility with equipment and service frequency adequate to accommodate the customer the requirements will be met. 16. Please confirm the City's intent to replace the word "provide" with "offer" or "offer to provide" in the last sentence in section 4.6. Answer: Article IV, Section 4.6, last sentence, has been replaced with the following sentence to change the word "provide" to "offer". Failure of Franchisee to offer a recycling program shall cause a default in this Agreement pursuant to Article IX; failure to cure said default may result in termination of said Agreement pursuant to Article X. 3 Commercial Waste Hauling Services RF'Q495344 17. Section 2.24 (S), Termination for Convenience, is not applicable to this type of Agreement, please remove. Answer: Per RFQ 495344 Section 2.24, Termination (for Convenience) is applicable because it reserves for the City Manager, on behalf of the City, the right to terminate the Agreement for convenience if the City determines termination is in its best interest. 18. Are recovered food waste products collected subject to franchise fees? Answer: Pursuant to Franchise Agreement, Section 4.1, "Franchisee shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological, and hazardous waste." 19. Why is the City considered to be a third party for all financial disputes with Franchisee's customers? Answer: Per the Request for Qualifications (RFQ) No. 495344 and its attached Franchise Agreement, the City is granting a non-exclusive Franchise for the provision of these commercial solid waste collection services within the City. Pursuant to Article IX (Default) of the Agreement, "If Franchisee fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Franchisee shall be in default. Upon the occurrence of a default hereunder, the City, in addition to all remedies available to it by law, may immediately, upon written notice to Franchisee, terminate this Agreement." 20. Per Article IV, Obligations of Franchisee, Section 4.13, please clarify as the paragraph is too vague. Answer: The different franchise companies will be in competition with each other for business within the City and potential customers within the City will be seeking the best pricing. Additionally, the Illegal containers will be subject to confiscation, fines, etc. 21. Per Article VI, Audit and Inspection Rights, Section 6.3, why does the City require the right to copy any financial related source documents? Answer: Pursuant to City Code Section 18-100 (Right to Conduct Inspections and Audits), "The City may, at reasonable times, inspect that part of any contractual party's plant or place of business and audit those books and records which are related to the performance of any contract awarded or to be awarded by the city. Circumstances warranting such inspections and audits shall include, but not be limited to, concern as to whether standards of responsibility specified in section 18-95 [Determination of Responsibility] have been, are being, or are capable of being met, and concern as to whether the contract is being performed in accordance with its terms and conditions." Per the referenced City Code Section 18-95 (Determination of Responsibility), "The prospective contractual party shall provide any, information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of 4 Commercial Waste Hauling Services RFQ495344 responsibility may be made upon available information or the prospective contractual party may be found nonresponsible." 22. Please confirm if the City's franchise fee is applicable to revenues generated from the lease or sale of compactors and other equipment utilized solely for providing recycling of source separated "recovered materials" (as defined by the state) at commercial establishments. Answer: Per the Franchise Agreement, Section 2.2, the definition for "Franchise Fee" shall mean the monthly percentage of Gross Receipts remitted to the City by each Franchisee. Per the same section, "Gross Receipts" are inclusive of "all transactions and activities in the Franchisee's regular course of business and trade". 23. Attachment A, Item 1 B (2), requests fingerprints from the applicant. If the applicant is the same applicant who submitted fingerprints for the contract that is currently in effect, will the City waive the requirement to obtain a new set of fingerprints? Answer: Submission of fingerprints is required of all applicants responding to this solicitation. 24. It is a concern of my firm as a Proposer to submit a Social Security number along with the fingerprints in a public record. With the rise in identity theft and other related crimes, will the City allow Proposers to submit the prints without a Social Security number? Answer: Submission of fingerprints with the Social Security number is required of all applicants responding to this solicitation. Both the fingerprints and Social Security numbers are exempt from public records requests. All other information remains the same. APPROVED: 5 \ Annie Pei-ez, CPPO, Director of Procurement Date AP:lo c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste Pablo R. Velez, Assistant City Attorney Commercial Waste Hauling Services RFQ495344 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Procurement Director City Manager ADDENDUM NO. 2 DATE: May 11, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. Please find attached the attendance sheet for the Pre -proposal Conference for the subject solicitation. B. The following are the inquiries received and the corresponding responses: 1. Does the Cone of Silence apply to this Solicitation? Answer; Yes. Please refer to Section 18-74 of the City Code for the applicability and the exceptions. See attached. 2. Is it a requirement for a Proposer to submit a Performance Bond or a commitment letter for the Performance Bond with the proposal? Answer: No. Pursuant to Section 2.16, the Performance Bond shall be submitted to the Procurement Department within ten business days after receipt of Notice of Award and prior to the final execution of the Agreement by the City. During the term of the contract, including renewal and extension periods, the Performance Bond shall be submitted annually, prior to the anniversary date of the contract. All other information remains the same. APPROVED: Annie Pie , CPPO, of Procurement Date AP:Io c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario Nunez, Director, Department of Solid Waste ATTENDANCE SHEET RFP/RFQ NUMBER: RFQ 495344 - Commercial Waste Haulers LOCATION: MRC, 444 SW 2nd Avenue, 6th Floor Large Conference Room PURPOSE: Pre -Proposal Conference ®ATE: 11-May-15 Completing this attendance sheet is optional. • iyffirr 3shorazs City Of Miami MRC 444 SW 2nd Avenue (305) 416-1907 Losborne cc.miamigov.corn ; < < (3 zy7 lam" tifica-d, - . < �r ..1, `� T tea I 1 i C jr, i tvc(1.St. 3-1- . 023 , \ rat t Al s 10 o , e :! EMI= o - .1/s JG1 Lam %�`161,1,Lot �- ��• 4,- ..s- c>5 Ay /4 5" P✓L- ... �.. (5 it 5�6-' Y 24 (34,i'�ji3i-2122- l/ �l s�� ,LV&)J Z - ' t71 riILie. rvhive9SR.s�^z.co ..S'e� sii a r•ec e. ti ja720470 ,i� / --. unixii,iv� Az' �wt ,04- .t�l 3S'V7 NZi/ 514r �f4, J 6 Le, 1�J / .- crsysi'is i,�.a- %�' L( "C I , %r • L A?S "` _ ( f5t1 j:s.c- Jj •��1 -0")-.() lldl•c., ( r/- /-1_.7- -. 'Gl S —b4. 6l pr La++. a ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) I- Page of ATTENDANCE SHEET RFP/RFQ NUMBER: RFQ 495344 - Commercial Waste Haulers LOCATION: MRC, /PM SW 2nd Avenue, 6th Floor Large Conference Room PURPOSE: Pre -Proposal Conference DATE: 11-May-15 Completing this attendance sheet is optional. Xycaz VshOrize City Of Miami ?..._ MRC 444 SW 2nd Avenue (305) 416-1907 Losborne(a7miamigov.com 3240//l/ 1 7/0 23'0,1 q -4L A (A). G-6/09 J / , 1,cL94' Zn'o sA Fr5c1 /o3/ „I 11 ( fit )3Z, -roGY sgm illi aS*aiteyysi,rr ZM//L'377C "73/G/? ( i.3'37 P i it-r, rz Ca z.i- /U// * - I j 4-i > Ajj[ t/ . y (.3,i ire- Y)1 ( rre ) vt; Ai✓� /A%t J:h2/_ io I '- .ir' ra-t. 3C f\ Bi5 ) (- cf /-%o &). r 3-3 ;,c.1. 0 -7 (e4 '70 3''3 c , e (a.,4;4t) : ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) Page of Miami, FL Code of Ordinances r` Page 7 of 47 Signature means a manual or electronic identifier, or the electronic result of an authentication technique attached to or logically associated with a record that is intended by the person using it to have the same force and effect as a manual signature. Sole source means the only existing source of the item or service which meets the needs of the using agency, city department, office, board, city commission, or trust, as determined by a reasonably thorough analysis of the marketplace. Specifications means a concise statement of a set of requirements to be satisfied by a product, material, or process used in an invitation for bids, invitation to bid, or request or invitation for quotation to describe the goods, equipment, and/or contractual services to be purchased or otherwise acquired. Surplus personal property means surplus, obsolete or scrap supplies or equipment. "Surplus supplies or equipment" means those which are capable of being used but are in excess of the normal operating requirements of the city. "Obsolete supplies or equipment" means those which may no longer be used for their intended purposes because their use has become economically upgraded. "Scrap supplies or equipment are those that can no longer be used either safely or economically for any purpose except for their possible salvage value. Using agency means any city entity which requests and uses goods, equipment and/or services procured pursuant to this article. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 12354, § 1, 4-10-03; Ord. No. 13380, § 2, 5-9-13) Sec. 18-74. - Cone of silence. (a) The requirements of subsection 2-11.1(t) ("Cone of Silence Ordinances") of the Code of Miami - Dade County, Florida, as amended, shall not be applicable to the city. (b) Cone of silence. 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.$200,000.00; provided, however, that the cone of silence shall not be applicable to the city attorneys office nor to the office of the independent auditor general. (c) "Cone of silence" is defined to mean a prohibition on: (1) Any communication regarding a particular request for proposals ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), invitation for bids ("IFB") or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist, or consultant and the city's professional staff Including, but not limited to, the city manager and his or her staff; (2) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other. advertised solicitation between the mayor, city commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff; (3) Any communication regarding a particular RFP, RFQ, RFLI,IFB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist, or consultant and any member of the selection/evaluation committee therefor; (4) about:blank Miami, FL Code of Ordinances ( Page 8 of 47 Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between the mayor, city commissioners or their respective staffs and any member of the selection/evaluation committee therefor; and (5) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist, or consultant and the mayor, city commissioners, and their respective staffs; and (6) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between any member of the city professional staff, including but not limited to the city manager and his or her staff, and any member of the selection/evaluation committee therefor. The city manager and the chairperson of the selection/evaluation committee may communicate about a particular selection/evaluation committee's recommendation but only after the committee has submitted its written recommendation to the city manager and provided that should any change occur in the committee recommendation, the content of the communication and of the corresponding change shall be described in writing and filed by the ciiTrn r agerwith this city clerk and`Ge"malded in any recommendation memorandum — submitted by the city manager to the city commission. Notwithstanding the foregoing, the Cone of Silence shall not apply to: a. Competitive processes for the award of CDBG, HOME, SHIP, HOPWA, and ESG (emergency shelter grants), Funds issued and administered by the city department of community development, and Law Enforcement Trust Fund (LETF) grants administered by the city police department; b. Communications between a potential proposer, offeror, respondent, bidder, consultant or lobbyist and city purchasing staff regarding minority/women business and local vendor outreach programs; c Duly noticed pre-bid/proposal conferences and site inspections; d. Duly noticed site visits to determine the competency of bidders/proposers regarding a particular solicitation during the time period between the opening of bids/receipt of proposals and the time the city manager makes his or her written recommendation to the city c&mrn ission; e. Emergency procurements; f. Communications with the city attorney and his or her staff; g. Communications regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist or consultant and the chief procurement officer, its staff, or any city purchasing agent, or its staff, responsible for administering the procurement process for such solicitation, prior to bid opening date or receipt of proposals, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation; h. Communications regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between the chief procurement officer, its staff, or any city purchasing agent, or its staff responsible for administering the procurement process for such solicitation and a member of the corresponding selection/evaluation committee, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation; Sole source procurements; aboutbiank ctchni Miami, EL Code of Ordinances f'' I` Page 9 of 47 j. Bid waivers; k. Oral presentations before selection/evaluation committees and communications occurring during duly noticed meetings of selection/evaluation committees; I. Competitive negotiations; m. Public presentations made to the city commission and communications occurring during any duly noticed public meeting; n. Communications in writing or by e-mail at any time with any city employee, official, mayor, or member of the city commission unless specifically prohibited by the applicable RFP, RFQ, RFLI, IFB or other advertised solicitation, The city shall file a copy of any written communications with the city clerk; o. Communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation by the chief procurement officer or its staff; .. p.__Contract_negotiations q. On-line procurements pursuant to section 18-114 r. The downtown development authority, the department of off-street parking, the Liberty City Community Revitalization Trust, the Civilian Investigative Panel, and the Miami Sports and Exhibition Authority. s. Any portion of meetings that are exempted by and held fully in accordance with the provisions of F.S. § 286.0113. (d) Procedure, (1) Imposition. A one of silence shall be imposed upon each RFP, RFQ, RFLI, IFB or any other advertised solicitation when the solicitation is advertised in a newspaper of general circulation. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence, The city manager or his or her designee shall Issue a notice thereof to the affected department(s), the city clerk, each commissioner and to the mayor and shall include in any advertised solicitation a statement disclosing that the solicitation is subject to the cone of silence. (2) Termination. Except as otherwise provided herein, the cone of silence shall terminate at the time the city manager's approval of the award or the city manager's written recommendation to the city commission, as may be applicable, is received by the city clerk, or at such time that bids or proposals are rejected by the city commission or the city manager; provided, however, that if the city commission refers the recommendation back to the city manager for further review, the cone of silence shall be reimposed until such time as the city manager's subsequent written recommendation is received by the city clerk. (e) Penalties. Violation of the cone of silence by a particular bidder or proposer shall render the award to said bidder or proposer voidable by the city commission. Any person who violates a provision of this ordinance shall be prohibited from serving on a city competitive selection/evaluation committee unless such appointment is approved by a 4/5 vote of the city commission. A violation of this section by a particular bidder, proposer, offeror, respondent, lobbyist or consultant shall subject said bidder, proposer, offeror, respondent, lobbyist or consultant to potential debarment pursuant to this Code. In addition to any other penalty provided by law, violation of any provision of this article by a city about:blank clr.l�ni r Mimni, TL Code of Ordinances j ' Page 10 of 47 employee shall subject said employee to disciplinary action up to and including dismissal. (Ord. No. 12271, § 2, 8-22-02; Ord. No.13439, § 2, 3-13-14) Sec. 18-75. - Organization. The purchasing department is the centralized organization for all procurement and contracting for goods, material, equipment, contractual services, professional and personal services and consultant services, public works or improvements and/or combination of goods and services; for performance of the city's purchasing functions, and for implementation of the provisions of this article. The chief procurement officer shall be the director of this department. (Ord. No. 12271, § 2, 8-22-02) Sec. 18-76. - Chief procurement officer. The city manager shall appoint a chief procurement officer who shall have authority over implementation of policies, procedures, regulations and forms governing city. contracting methods and procedures; types of contracts; qualifications and duties; inspections and audits; disputes and remedies; ethics; and public access and information as set forth in this article. (Ord. No. 12271, § 2, 8-22-02) Sec. 18-76.1. - Duties of the chief procurement officer. Subject to the provisions of this article, the chief procurement officer shall: (1) Administer the central purchasing and contracting system for the city; (2) Procure or supervise the procurement of all goods and services as needed by the city in the manner provided by this article. (3) Provide for the establishment/promulgation of administrative policies and procedures of purchasing, and its operations manual, which shall be reviewed by the city manager and amended from time to time; (4) Take all necessary action to further the objectives of the city with regard to the promotion and encouragement of minority and women business participation in the procurement process; (5) Be responsible for the provisions of the Anti -Deficiency Act contained in this article; (6) Determine the method of selection for each type of procurement; (7) Standardize, to the extent possible, contract clauses, terms and conditions, and documents; (8) Maintain a current list of possible sources of supply for all goods and services purchased by the city; (9) Have the authority to delegate any or all duties to individual purchasing agents assigned to city departments or offices, subject to the approval of the city manager. (10) Have th•e authority to approve the use of a competitive contract for the purchase of necessary goods or services which has been secured by or on behalf of any federal, state, county, or municipal government, or by any other governmental entity or by any not for -profit organization or state -funded institution. (11) about:blank 5/5')n1 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Procurement Director City Manager ADDENDUM NO. 1 DATE: April 27, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: RFQ 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. Article IV, Obligations of Franchisee, Section 4.11, has been deleted in its entirety and replaced with the following language, to reflect corrections to the amounts assessed for non- compliance: 4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 and Section 22- 93, as amended, of the City Code, Chapter 22, which states that it shall be unlawful for any FRANCHISEE to provide service to any commercial property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m., and to strictly adhere to any other terms and provisions of this AGREEMENT as specified in the Notice of Violation, except and only as determined by the Director of the Department of Solid Waste. Each Fiscal Year (October 1, through September 30), the amounts assessed for non- compliance of this section will be as follows: 1st Non -Compliance: $ 262.50 2nd Non -Compliance: $ 525.00 3rd Non -Compliance: $1,050.00 Each Additional Non -Compliance: $1,050.00 For any other failure to comply with the terms of this AGREEMENT, the following amounts will be due as liquidated damages and not as a penalty, for violations of the AGREEMENT as specified in the Notice of Violation. First Violation: Second Violation: Third Violation: Each Additional Violation: $ 262.50 $ 525.00 $1,050.00 $1,050.00 These amounts are established for the failures by the FRANCHISEE to comply with this AGREEMENT. It is not the intention of the City to assess the entire amounts for minor failures to comply with the AGREEMENT unless they are of a recurring or continuing nature. The City reserves the right to assess twenty (20%) of the amounts set forth in this section for minor failures to comply with the AGREEMENT. The exact damages suffered by the City cannot be known or ascertained and these amounts represent liquidated damages due at the time of the violation. B. Article XXII, Public Records, Section 22.2, has been added to the Franchise Agreement. 22.2 FRANCHISEE shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the City in a format compatible with the City's information technology systems. C. A copy of the entire revised Franchise Agreement is attached. All other information remains the same. APPROVED: Annieerez, CPPO, Director Date AP:Io C: Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste ATTACHMENT B CITY OF MIAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE; FRANCHISE AGREEMENT BETWEEN T H I+; CITY OF MIAMI AND '.'HIS CITY OF MIAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEIVIENT ("AGREEMENT"), made and entered into this day of October, 2015 by and between the City of Miami, Florida, a municipal corporation organized and existing under the laws of the .State of Florida, (hereinafter referred to as "CITY") and a corporation, qualified and authorized to do business in the State of Florida, (hereinafter referred to as "FRANCHISEE"). WITNESSETH; WHEREAS, on September 28,1999, Ordinance No. 11837 was passed by the Miami City Commission which amended Chapter 22, entitled Garbage and Other Solid Waste, of the City Code to allow regulatory permits for providing non-exclusive Commercial Solid Waste Services with Commercial Franchises to qualified firms; and WHEREAS, the City Manager has determined that FRANCHISEE is qualified to serve in the aforesaid capacity in that it has met the specifications set forth in Request for Qualifications No. 495344 and applicable sections of the Code and Ordinances of the CITY; and WHEREAS, FRANCHISEE is desirous of obtaining a non-exclusive Franchise from the CITY to provide Commercial Solid Waste Collection Services within the CITY as set forth herein; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to enter into this AGREEMENT for furnishing Commercial Solid. Waste Collection Services within the CITY, as follows: 1.1 ARTICLE I GENERAL INFORMATION Each "Wf7T,1 EAS" clause sot forth above is true and correct and herein incorporated by this reference. 1 City ofMlarni, Florida Commercial Solid Waste Hauling Services RFQ 495344 1.2 The ATTESTATION OF QUALIFICATIONS and the remainder of FRANCHISEE'S RESPONSE in reply to the solicitation for Commercial Waste Bawling Services, submitted in response to RFQ NO, 495344 by FRANCHISEE is herein incorporated by this reference. ARTICLE II DEFINITIONS. 2.1 All Definitions set forth in the City of Miami City Code ("City Code"), Chapter 22, Section 22-1, entitled Definitions, as amended, entitled Garbage and Other Solid Waste and Chapter 22 in its entirety, are hereby incorporated by this reference. All references to Chapter 22, City Code, as amended, shall automatically incorporate by reference snob modifications to Chapter 22, City Code, as are passed and adopted by the Miami City Commission from time to time, without the necessity of an amendment to this AGREEMENT; having to be entered into in any such instance. 2.2 As used in this AGREEMENT, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: Agreement shall mean this. FRANCHISE AGREEMENT, as it may hereinafter be amended or supplemented. Agreement Collection Area shall include the entire CITY (except The Port of Miami), as the boundaries of the CITY shall exist at all times during the life of this AGREEMENT. Aunual Franchise Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE whooperates within. CITY limits and collects garbage and trash, See Section 22-50(b) of the City Code. Annual Specialized Waste Handling Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE who operates within CITY limits and collects trash, excluding garbage. See Section 22-50(c) of the City Code, Biomedical Waste shall mean any solid or liquid waste which may present a threat of infection to humans, including non -liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease -causing agents; and discarded sharps. The following axe also included: (a) used, absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; and absorbent materials saturated with blood or blood products that have dried; and (b) non -absorbent, disposable devices that have been contaminated with blood, body fluids or, secretions or excretions visibly contaminated with blood, but have not been treated by an approved method, City of Miami, Florida Commercicad Solid Waste HaulingServices RFQ 495344 Biological Waste shall mean any solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. City Commission shall mean the local legislative body of the City of Miarni. The City Commission is the body, that approves City Franchises. Any transfers, assignments, amendments, conveyances, or delegations pursuant to this AGREEMENT shall only be made with the approval of the City Commission and in accordance with the terms in Article XIII of this AGREEMENT. City Manager shall mean the duly appointed chief administrative officer of the City of Miami. All actions of the CITY under this AGREEMENT that do not specify City Commission may be performed by the City Manager or the Director serving as the Manager's designee. Commercial Business shall mean and include all retail, professional, wholesale, and industrial facilities and any other connnercial enterprises, for profit or not for profit, offering goods or services to the public. This de-finition incorporates by reference the definition of"Commercial Establishment" set forth in § 15-1 of the Miami -Dade County Code. Commercial Hauler shall mean a licensed City of Miami FRANCHISEE that operates within CITY limits and provides certain services to Multi -Family and Commercial establishments. including but not limited to the following; garbage, trash, recycling, roll - off, and specialized waste handling service, etc. Director shall mean the Director of the Department of Solid Waste. Franchise Fee shall mean the :monthly percentage of Gross Receipts remitted to the City by each FRANCHISEE. See Section 22-56 and Section 22-50 of the City Code, as amended. By amending Section 22-56 and Section 22-50 of the City code, the franchise fee may be amended or adjusted, from time to time. FRANCHISEE acknowledges and agrees that the monthly percentage of gross receipts payable, as amended, or adjusted, will automatically apply to this AGREEMENT. FRANCHISEE also agrees that the City and FRANCHISEE will promptly execute an addendum, or amendment recognizing the FRANCHISEE's obligation to pay such adjusted or amended fee as of the effective date of such amendment. If FRANCHISEE fails to pay the adjusted; franchise fee, or fails to comply with any addendum or amendment to this AGREEMENT, the FRANCHISEE shall be deeraed in default of this AGREEMENT pursuant to Article IX. Should a default occur pursuant to Article IX, this AGREEMENT will be terminated pursuant to Article X. Gross Receipts shall moan all monies, whether paid by cash, cheek, debit or credit, collected from customers resulting from all transactions and activities in the FRANCHISEE'S regular course of business and trade including administration fees, garbage, industrial, solid waste, used cooking oil waste, sanitation, environinontal charges and fees, containerized waste, environmental waste services (vactor), equipment rental and 3 City ofMiami, Florida Commercial Solid Waste Hauling Services RFQ 495344 leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered .materials at commercial establishments as defined by §40a 7046, Florida Statutes) or from any other source related directly or indirectly from waste collection services, including, without limitations, all income derived from leasing and renting of real or tangible personal property, the use of thump trucks, grappling trucks, roll -off trucks, trailers, roll -offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the FRANCHISEE, exclusive of taxes as provided by law, whether wholly or partially collected within the CITY, less had debts. Gross Receipts shall not include income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined.. Hazardous Waste shall mean any.solid waste, or a combination of solid wastes, which, because of quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an. increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Multifamily Residence sb.all mean and include' any building or stricture containing four or more contiguous living units and intended exclusively for residential purposes. This definition. incorporates by reference the definition of Multi -family residential establishment set forth in § 15-1, Miami -Dade County Code, Neighborhood Cleanups shall mean. periodic intensive removal of litter, debris and other solid waste material from a designated area ofthe CITY, initiated or approved by the CITY, its NET offices and/or recognized community basedorganizations or associations including special event activities citywide. Organic Waste shall mean a type of waste material which can be broken down into its base oomponnds by micro-organisms .and other living things, regardless of what those compounds may be, and can be conimonly found in iniinicipal solid waste as green waste, food waste, paper waste, and biodegradable plastics. Permit Per Aecowat Fee shall mean the charge assessed by the CITY' beginning each October 1, for each account and roll -off that is acquired or maintained throughout the Fiscal Year by FRANCHISEE for the provision of commercial solid waste services. Recycling shall mean any process by which solid waste., or materials which would otherwise become solid waste, arecollected, separated, or processed and reused or retuned to use in the form of raw materials or products. Recyclable Material shall mean those materials which are capable of being reveled and which would otherwise be processed or disposed of as solid waste. 4 City ofMiamt, Florida Commercial Solid Waste Heading Services RFQ 495344 Safety Inspection Fee shall mean a regulatory fee as referenced in Section 166,221, Florida Statutes, which is a yearly remittance paid to the CITY by the FRANCHISEE for inspection of all vehicles that the commercial haulers will use to conduct business, of whatever source, within the City boundaries. Speciall7ed Waste Handling Services shall mean the collection and .disposal of solid waste that requires special handling and management, including, but not limited to white goods (large electrical goods used domestically such as refrigerators, washing machines, etc.), waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and biomedical and biological. waste. It should be noted that these are FRANCHISEES that are in the roll -off collection business and do not collect garbage. ARTICT .R ITI GRANTEE 3,1 The CTTY grants unto the FRANCHISEE the continued non-exclusive right and privilege, with related obligations, to provide commercial solid waste services in, under, upon, over and across the present and fixture streets, alleys, bridges, easements, public rights -of -way and other public places within the CITY boundaries, present and future, for contracted multifamily, commercial business, governmental, religious, educational, profit and non- profit agencies and/or property owners for solid waste collection and disposal services.. 3.2 The CITY further grants unto the FRANCHISEE the non-exclusive right and privilege, with related obligations, to provide solid waste collection and disposal services for eoristru.etion, demolition and renovation sites located within the CITY on a contracted basis, ARTICLE IV " OBLIGATIONS OF FRANCHISEE 4.1 FRANCHISEE shall. be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological, and hazardous waste, Extraordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc.), dead animals, abandoned vehicles/boats and parts, large equipment and parts thereto will not be collected by FRANCHISEE finless specifically required by the generator (site whose processes and actions create the waste) and agreed to by the FRANCHISEE. 4.2 FRANCHISEE shall make collection with as little disturbance as possible. Refuse containers shall be thoroughly emptied and maintained in a glean manner. Any refuse spilled by the FRANCHISEE shall be picked up immediately by the FRANCHISEE.. The removal of all refuse within 10 ff, of container will be the responsibility of the FRANCHISEE, me FRANCHISEE will be held responsible for keeping the 10 ft, radius 5 City of flame, Florida Commercial Solid Waste Hauling Services RF'Q 495344 surrounding containers clean and free of waste and debris as long as container is on site. Service minimums for multi -family dwellings shall be as follows: • 1-4Units —2 CY @2 xperweek; ■ 5-8 Units - 3 CY : rc 2 x per week or 2 CY ct 3 x per week; • 9-12 Units - 4 CY @ 2 x per week; • 13-16 Units 3 CY @ 5 x per week or 4 CY ct 3 x per week.; • 17-32Units v6 CY @3 xperweek; ■ 33-48 Units 8 CY @ 3 x per week; over 48 Units will require two 8 CY @ 5 x per week, with the City monitoring Solid Waste pickup activity. In case of insufficient service being noted, FRANCHISEE may be required to increase service. As per Section 22-2 (b) of the City Code, as amended, no customers are to be signed up for 1 x per week garbage collection service. 4.3 FRANCHISEE agrees that all containers shall be identified with its name and telephone number and be sufficient in quantity and size to contain material as indicated in the City Code, All containers serviced by FRANCHISEE shall be maintained in a clean and serviceable manner at all times, At no time .shall any of FRANCHISEE'S containers be left on the public right-of-way. The City, at its discretion, may require an adjustment in the location, pick up schedule or the size of the container(s) if they become an unsightly nuisance, cause a civil violation to occur, pose a threat to the surrounding environment, threaten the health and/or safety of the City's population or become unsanitary and/or inoperable. Except as otherwise provided, all vehicles used in the collection and/or transportation of waste shall be equipped with a leak -proof body of metal type. If a FRANCHISEE uses a specially designed, motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. If any pickup truck or open bed truck is used by a FRANCHISEE, the load shall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the CITY. All vehicles shall be properly licensed„ registered, and equipped in compliance with the motor vehicles lags of the State of Florida. 4,4 FRANCHISEF, shall be responsible for creating and maintaining schedules and routes, as well as, frequency of service within the limitations and under the provisions of the City Code, FRANCHISEE shall be responsible for providing notification of same to its customers immediately. 4,5 In cases of natural disasters, the City Manager inay grant the FRANCHISEE reasonable variance from regular schedules and routes. As soon. as a declaration of an emergency is issued by the Mayor, FRANCHISEE shall make reasonable efforts to secure its containers in order to prevent hazards and/or threats to public safety and health. As soon as practicable after such disaster, the FRANCHISEE shall advise the. CITY and its customers of the estimated time required before regular schedules and routes can be resumed. 6 G`it' of Miarni, Florida Commercial Solid Waste Hauling&ervices :RFD 495344 4.6 FRANCHISEE shall make its customers aware of Miami -Dade County's and City of Miami's mandatory Commercial and Multi -family recycling ordinance and shall make services available. FRANCHISEE shall submit to the Solid Waste Director an "Annual Recycling Plan" which will describe resources and funds being committed to program; an annual list of recycling accounts, quarterly reports describing recycling and diversion goals and accomplishments, and financial resources spent for that purpose, along with a list of non -recycling accounts. FRANCHISEE agrees to comply with Section 15 of the Miami - Dade County Code, entitled "Solid Waste Management", as amended, All Multi -Family and Commercial establisbru:ents are required to initiate a recycling program. The recycling program shall be serviced by a licensed City of Miami FRANCHISEE, or a State of Florida Certified Recyclables Dealer. Failure of FRANCHISEE to provide a recycling program shall cause a default in this AGREEMENT pursuant to Article IX; failure to cure said default may result in termination of said AGREEMENT pursuant to Article X. See Section 22-51 of the City Code, as amended. 4.7 FRANCHISEE agrees to recycle, collect and dispose of the solid waste at designated CITY buildings and properties, free of charge, pursuant to the City Code, as assigned by the Director of the Department of Solid. Waste. In -kind service assignments, including recycling City facilities, will be made proportionate to FRANCHISEE'S percentage of total contracted commercial accounts in the CITY. See Section 22-1 of the City Code, as wended, 4,8 FRANCHISEE agrees to collect and dispose of waste generated at assigned Neighborhood Cleanups, and other locations within the CITY, as an in kind service in proportion to the FRANCHISEE'S percentage of the total franchise fees paid to the CITY, Such assignents are to be established by the Director of the Department of Solid Waste, who on any assignment which exceeds $500.00 in value, may require a Memorandum of 'Understanding ("MOTJ"), to be signed by the FRANCHISEE and the City Manager (or the Director), which sets forth a guaranteed maximum charge/stipulated lump sum for such assignaent, Such a charge will consist of either a monetary amount, or a percentage of the franchise fee agreed upon in. the MOIJ. The CITY will only be liable to credit this offset from the franchise fee and the FRANCHISEE will have no other monetary recourse, claim or action. against the City for any payment of the in kind service assignment under this Section. 4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a valid Commercial Driver's Incense, for the type of vehicle being operated; that the CITY may request the removal of any employee of the FRANCHISEE from City service who exhibits wanton negligence, or is discourteous in. the performance of his/her duties; and that no person shill be denied employment by the FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion. 4.10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT to pay all employees not less than the Federal minimum wage and to abide by other requirements 7 City of Miami, Ylorida Commercial Solid Waste Hauling Services RFQ 495344 as established by the Congress of the United States in the Fair Labor Standards Act, as amended and changed from tire e to time and to comply with all applicable laws relating to the employment of employees and the provision of commercial solid waste services. The FRANCHISEE shall have on hand at all tunes, in good working order, such equipment as shall permit the FRANCHISEE, adequately and efficiently, to perform its duties hereunder. FRANCHISEE shall, at all times, have available reserve equipment which can be put into service and operation within two hours of any breakdown. 4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 2246 and Section 22- 93, as amended, of the City Code, Chapter 22, which states that it shall be unlawful for any FRANCHISEE to provide service to any commercial property within 100 feet of a residential district between the hours of 11:00 pan. and 7:00 a.m., and to strictly adhere to any other terms and provisions of this AGREEMENT as specified in the Notice of Violation, except and only as determined by the Director of the Department of Solid Waste. Each Fiscal Year (October 1, through September .30), the amounts assessed for non- compliance of this section will be as follows: 1'Non-Compliance: $ 262.50 2nd Non -Compliance: $ 525.00 3rd Non-Compliance:$1,050.00 Each Additional Non -Compliance: $1,050.00 For any other failure to comply -with the terms of this AGREEMENT, the following arn.ounts will be due as liquidated damages and not as a penalty, for violations of the AGREEMENT as specified in the Notice of Violation. First Violation: $ 262.50 Second Violation: $ 525,00 Third Violation: $1,050,00 Each Additional Violation: $1,050.00 These amounts are established for the failures by the FRANCHISEE to comply with this AGREEMENT. It is not the intention of the City to assess the entire amounts for minor failures to comply with the AGREEMENT unless they are of a recurring or continuing nature. The City reserves the right to assess twenty (20/®) of the amounts set forth in this section for minor failures to comply with the AGREEMENT. The exact damages suffered by the City cannot be known, or ascertained and these amounts represent liquidated damages due at the time of the violation. 4.12 FRANCHISEE is required, pursuant to Section 22-2 (b) of the City Code, as amended, to notify the Department of Solid Waste, at least seven business days prior, of accounts for which it will discontinue service and advise if said accounts are in arrears. Should any accounts be in arrears and FRANCHISEE seeks remedy (court decisions, collection agencies, judgments, mediations, etc.) the CITY•shail receive from the amount ofprooeeds collected, its applicable fees and be notified of any and all hearings and/or meetings so it 8 City of Miami, Florida Commercial Solid Waste Hauling Services 1ZFQ 495344 may participate. Also, upon resumed service, FRANCHISEE agrees to immediately notify the Department of Solid Waste, FRANCHISEE shall furnish such notification(s) as are provided in Section 22-2, of the City Code. 4..13 FRANCHISEE acknowledges that under this AGREEMENT, price controls will be primarily extracted through competition amongst the Franchise companies for existing and future accounts. FRANCHISEE further acknowledges that any increase in pricing by the FRANCHISEE could result in the •customer seeking better pricing from another FRANCHISEE. If the CITY identifies an illegal container placed and operating within the City limits by a non -licensed Commercial Hauler who is providing Commercial Solid Waste Service without a Franchise from the CITY, the City will confiscate said container and assess charges for man-hours, equipment, disposal and administrative costs and fines. 4.14 ALL equipment utilized to collect and transport solid waste in the CITY must be conspicuously marked on both sides of the automotive unit with the name of the hauler, vehicle number, tare weight, and cubic yard capacity. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. 4.15 At least annually (October 1) and as determined by the Director of the Department of Solid Waste, each FRANCHISEE shall supply the following information on a flash drive, PDF file, compact disc, or other acceptable format and in the manner prescribed by the Director of the Department of Solid Waste: (1) A listing, as of the reporting date, of the names and addresses of customers, and the addressesof each location served. (2) The number and capacity of each dumpster and conlpaotor per account. (3) The list of accounts within the City of Miami for which hand collection of bags/cans is provided, (4) An accounts receivable aging report for each City of Miami customer. (5) A listing of City of Miami accounts that were charged off as bad debts. (6) A fisting ofthe.vehicles and equipment to be used in the City of Miami. (7) Literature provided to each customer describing the goals and objectives of the recycling programs offered by the FRANCHISEE and the obligations under the. Dade County mandatory multi -family and business reoycling code. All literature is to be provided in English, Spanish and Creole. (8) That the vendors in the area known as the "Produce Market" comprised of produce vendors, bounded on; the East by Northwest Ninth Avenue, on the North by Northwest Twenty -Third street, on the West by Northwest Twenty Second Avenue and on the South by Northwest Twentieth Street and the surrounding area, be provided with an Orgonics Recycling Program no later than October 1.gt, 2016 or utilize a facility as described in 4.15 (9). Such program shall use composting and/or any other envh°onmentally accepted organics recycling program which diverts such material from any disposal site, 9 City of Miami, Florida Commercial Solid WasteHcnalingServices RF'Q 495344 (9) An organic recycling work plan that includes the utilization of a future City waste conversion facility. A plan that uses (upon its' implementation) the waste conversion facility. Such facility will require organic waste as the primary feedstock to operate efficiently. Franchise haulers servicing the "Produce Market" and other customers who .generate significant amounts of organic waste,. such as grocery, produce, food waste and landscaping materials agree to cooperate with the Solid Waste Department in delivering valuable organic waste to the proposed City facility. The City will make every effort to set a tipping fee that will only recover the operational costs associated with running such facility. ARTICLE V FRANCHISE FEES 5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in Chapter 22 of the City Code, ARTICLE II -DEFINITIONS of the AGREEMENT and the terms of this AGREEMENT in its entirety, within specified time frames, as maybe amended or adjusted from time to time by the enactment of City Code amendments as referenced in "Franchise Fees" in Article II of this AGREEMENT: 5.2 FRANCHISE FEE: FRANCHISEE agrees to remit monthly to the CITY, twenty-four percent (24%) of its Gross Receipts, generated from .accounts within the City limits, or $500.00 per month, whichever is areater. Accompanying the remittance, FRANCHISEE must provide the CITY with a list of the customers' names, addresses,. folio numbers, and total amount collected. FRANCHISEE agrees to maintain a second Est which reflects an aging schedule of individual account charges which must be retained for 'a period of 60 months from the end of the AGREEMENT, and be made .available at all times to CITY auditors. Twenty-four percent (24%) of the total amount collected should equal the remittance amount paid to the CITY. The remittance of the previous month's collection should be received by the CITY on or before the last day of each month. Failure to remit by the last day of the following month will cause the FRANCHISEE a one and one half percent (1.5%). penalty per month on the balance due. If payment is past due in excess of 60 days, the Department of Solid Waste will initiate its procedure to revoke the FRANCHISE and attach the Payment and Performance Bond for all monies due and owing the CITY, including costs. It shouldbe noted, that the twenty-four percent (24%) remitted monthly to the City, should be calculated on all monthly gross receipts, excludingreceipts derived from biomedical, biological, and hazardous removal, as defined in the AGREEMENT, collected from the customers, exclusive of taxes. ;As payment of the franchise fee is assessed to the FRANCHISEE, t{RANCFIISEE may not write into its customer bills or invoices a charge labeled "City of Miami Franchise Fee," or anv other lanzuage that serves to pass -payment of Franchise Fees onto the customer. The gross percentage fee under this section does not apply to franchises engaged solely in biomedical, biological, and hazardous removal services. The CITY may, from time to time, adjust this foe by amending § 22-56 ofthe City Code, FRANCHISEE acknowledges it shall be obliged 10 City of Mimi, Florida Commercial Solid Waste Hauling Services .RFQ 495344 to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute en addendum or amendment affirming the foregoing. 5.3 ANNUAL FRANCHISE FEE: FRANCHISEE agrees to remit to the CITY annually (due October 1) the sum of $10,500.00 for the right to be a FRANCHISEE fox Commercial Solid. Waste Services within the City; said fee shall increase annually by $500.00. Failure to remit the required annual franchise fee by the due date will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. A FRANCHISEE that performs ONLY Commercial Solid Waste Services and a FRANCHISEE that performs BOTH Commercial Solid Waste Services AND Specialized Waste Handling Services will be subject to this annual fee. This fee does NOT apply to a FRANCHISEE that performs ONLY Specialized Waste Handling Services. See Section 22-50 (b) of the City Code, as amended. The CITY may, from time to time, adjust this fee by amending § 22-50 of the City Code, FRANCHISEE acknowledges it shall be obliged to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute en, addendum or amendment of rr ing the foregoing. 5.4 FRANCHISEE agrees to remit the $10,500.00 annual franchise fee by October is, as noted in paragraph 5.3 above. FRANCHISEE further agrees on each anniversary (October 1) throughout the tern, of the AGREEMENT, to increase said fee by $500,00. For example; commencing October 1, 2016, the annual fee due to the City will be $11,000.00, and so forth throughout the AGREEMENT terns. 5.5 FRANCHISEE agrees to remit to the City annually a Permit Per Acoount Fee in the amount of seventy-five ($75.00) (due October 19t) for each account effective October 1d of every new :fiscal year to those accounts booked as of October ist of every new fiscal year with whom they contract for the provision of commercial solid waste services, See Section 22- 50 (a) of the City Code, as amended. In addition, for each new commercial .account and new roil -off box or container acquired after October 1, the FRANCHISEE agrees to remit the fee due for the month that the account was acquired in (See Sec.22w50 City Code) including $75.0.0 for each roll -off box or container placed in the City at any time during the contract year. The remittance must be to the Finance Department by the end of the following month. The FRANCHISEE may only pass on an amount not to exceed thirty- eight ($38.00) of said permit per account fee. to each contracted customer. Saki permit per account fee shall not be transferable. Effective October 1, 2015 the annual period will begin October ist and end September 30th. All late payments of this fee will cause the FRANCHISEE a one and one half percent (1,5%) penalty per month on the balance due, 5.6 Annual Specialized Waste Handling Fee: FRANCHISEE agrees to remit to the City annually (due October 1st) the stun. of $ 6,500, 00 for the right to provide ONLY Specialized Waste Handling Services within the City limits. It should be noted, if a FRANCHISEE is providing ONLY Specialized Waste Handling Services within the. City, the annual franchise fee will increase by $500.00 per year. For example; commencing October 1, 2015, the annual franchise fee for SpecializedWaste Handling Services due the City will be $6,500.00, and so forth throughout the AGREEMENT term, All late payments of this 11 City of Miami, Florida Commercial Solid Waste HaultngServices .liFQ 495344 fee will. cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. This fee does not allow the FRANCHISEE to perform Commercial Solid Waste (Garbage) Services within the City limits. This fee applies to a FRANCHISEE that ONLY performs Specialized Waste Handling Services within the City limits. See Section 22-50 (c). of the City Code, as amended. 5,7 Safety Inspection Fee: FRANCHISEE agrees to pay the City an annual $500.00 per vehicle safety inspection fee if a vehicle or equipment operating in the City is found to be defective, potentially unsafe or requires inspection by city staff to ensure that the Franchisee operated vehicle is safe to operate. This is a regulatory fee as referenced in Section 166.221, Florida Statutes. This fee is for the municipal inspection of the vehicles being used by FRANCHISEE within the City. The inspection of each vehicle will occur at the City of Miami Solid Waste Department. Vehicles that are used by FRANCHISEE to operate within the City boundaries are subject to the safety inspection and its accompanying fee. The vehicles will include, but are not limited to, roll -offs, grapple tricks, front and rear end loaders, victor trucks, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the FRANCHISEE. ARTICLE VI AUDIT AND INSPECTION RIGHTS 6.1 At reasonable times, and for a period of up to five (5) years following the date of final payment by the FRANCHISEE to CITY under the taws of this AGREEMENT, the CITY may audit, or cause to be audited, those books and records of FRANCHISEE which are related. to FRANCHISEE'S performance. FRANCHISEE 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, in accordance with the terms of this AGREEMENT, For Example; franchise flees are due on October 31, 2015 for cash received in September 2015. The final payment made under the AGREEMENT is due October 31, 2020. The audit term includes the full term of the AGREEMENT, as well as the effective five (5) year term that follows. Thus, under the terms of the AGREEMENT, an audit may commence through October 31, 2025, Auditee is required to pay all monies due as a result of such audits. Note: • If the three additional one (1) year options to renew are exercised, this tirneframe changes accordingly). 6.1.1 The City shall have the following inspection and audit rights as provided in §18-101 and §. 18-102 of the City Code; i 18-10.1- 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. 12 City ofMiaml Florida Commercial Solid Waste Hauling Services .RFQ 495344 i (b) Procedures for tests and inspections. (1) The chief procurement officer may specify general operational procedures governing the test and Inspection of all goods or services, sales or leases being performed under city contract by city departments, offices and individual purchasing agents. (2) The chief procurement officer shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment, contractual services or performance under lease agreements to determine conformance with the terms and conditions upon which the order or contract was based. Any purchasing agent or department may be authorized by the chief procurement officer to. inspect'deliveries or contract performance in the manner stipulated with the approval of the city manager. (3) The chief procurement officer may, prescribe chemical, physical and other performance tests for goods or services, including samples submitted with bids. or offers and samples of deliveries and performance to determine their quality and conformance with the terms and conditions of the solicitation or contract In' the performance of such tests or inspections, the chief procurement officer shall have the authority to make use of the laboratoryfacilitles of any department of the clty 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_.�..u.... „ ........ .... . ....... _ �__ _.... __�_,v_.�.— .,. (Ord Pto. 12271, § 2, 8-22-02) Sec. 1 8.1 02 - Audits. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect the books and records of contractual parties to determine conformance with the solicitation requirements contained in the invitation for bids or request for proposals or, after award, with the terms and .conditions of the contract. (b) Procedures for audits. (1) The chief procurement officer may specify the general procedures for inspection of books and records and for the conduct of audits of alt 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 es to the adequacy of accounting policies or cost systems; b. A substantial change in the methods or levels of operations; c. Previous unfavorable experience indicating doubtful reliability of estimating, accounting or purchasing methods; d. A lack of cost experience due to the procurement of a new supply or service; or e, Other evidence that an audit is in the city's best interests as determined by the chief procurement officer, the city manager or the city commission. (c) Conduct of audits. Whenever possible, audits shall be performed so as not to unduly delay or inconvenience the contractual party. Contractual parties shall make available at no charge to tho city all reasonable facilities and assistance, for the convenience of the city representatives performing the audit. font No. 12271, § 2, 8-22-02) 6.2, ` b.e CITY, or its agents, may, at reasonable times during the term hereof, inspect FRANCHISEE'S facilities and perfotln such tests, as the CITY deems reasonably necessary, to determine whether the goods or services required to be provided by FRANCHISEE .under this AGREEMENT conform to the terms hereof, FRANCHISEE shall make available to the CITY reasonable facilities and render assistance to facilitate the performance of all tests and/or irirpeotions by CITY representatives. All tests and inspections shallbe subject to, and made in accordance with, the provisions of Sections 18- 99, 18.100, 18.101 and 18-102, of the City Code, as same may be amended or supplemented, from time to time. FRANCHISEE also agrees to allow City auditors, during regular business hours .and after reasonable notice, to audit, inspect and examine the FRANCHISEE'S financial records (as they relate to City of Miami revenue) including all 13 City of Miami, Florida Commerdtal Solid Waste Hauling Services RFQ 495344 fiscal books and records, sales tax returns, bank statement, general ledger (vouching City of Miami revenue to the G!L), contract/agreement between FRANCHISEE and customer and any other financial information deemed necessary, insofar as they relate to City accounts, as well as, the FRANCHISEE'S entire customer base, in order to cont1im the FRANCHISEE'S compliance with the AGREEMENT. FRANCHISEE 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 FRANCHISEE under reported gross receipts, and results in additional revenue due the City in the amount of $20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay for the cost of said .Audit. Upon audit notification, FRANCHISEE agrees to deliver all financial information and books and records to within the City limits, if said information is maintained outside the City boundaries. All financial information and books and records shall be provided to CITY audit staff in a data medium and format specified by the Auditor General. Data medium includes electronic media such as CD and DVD, flash drives, and email attachments. Appropriate data format requires data be provided in unlocked Excel spreadsheet format. 6.3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial related source doctinents when deemed necessary, to substantiate an audit finding. Also, any FRANCHISEE requesting credit or refund for Franchise Fees paid to the CITY in error will be required to pay for the auditing hours necessary to verify the claim. ARTICLE VII INSURANCE AND BONDS 7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public liability policy in the minimum amount of $1,000,000; automobile liability insurance policy covering FRANCHISEE'S operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. FRANCHISEE'S certificate shall also include workers' compensation coverage. The City shall be listed as an additional insured for liability. Refer to Attachment D, Insurance Requirements. 7.2 FRANCHISEE agrees to maintain, for the term of this A.R.EEMENT, 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 for the first year of the AGREEMENT shall be no less than $25,000,00, as security for the faithful performance of the AGREEMENT. The amount of the bond for the second year throughout the term of the AGREEMENT including renewals and extensions thereof, shall be equal to the FRANCHISEE'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 $25,000, whichever is greater. 14 City of Miami, Florida Commercial Solid Waste Hauling Services .RFQ 495344 The surety shall have a rating classification of "A- and a financial category of Class V as evaluated in. the .current Best's K.ey Rating Guide, Property Liability. In lieu of a Performance Bond, the FRANCHISEE may submit an irrevocable letter of credit, cash, certified check, treasurer's or cashier's check issued by a responsible bank or trust company payable to the CITY of Miami. The Performance Bond shall be submitted to the Purchasing Department no later than ten (10) business days after approval of the AGREEMENT by the City Commission and prior to the execution of the AGREEMENT. See Section 22-47 (4) (b) of the City Code, as amended. ARTICLE VIII TERM 8.1 The term of the AGREEMENT shall be for a period of five (5) years with three (3) one (1) year options to renew. The AGREEMENT shall commence October 1, 2015, and shall terminate on September 30, 2020, with the three (3) one (1) year option periods through September 30, 2023, The AGREEMENT shall become effective upon execution by the parties hereto. See Section 22-57 (b) of the City Code,: as amended. 8.2 The option to renew the AGREEMENT for the additional three (3) one (1) year periods will be at the sole discretion of the City. Various criteria will be established prior to each renewal period. During the review process for renewal, the established criteria willbe used in order to ascertain how well each FRANCHISEE performed since the inception of the October 1, 2015, AGREEMENT. It should be noted that any FRANCHISEE that is not renewed for any of the option periods, will not be allowed to operate within the City limits. ARTICLE IN DEFAULT 9.1 If FRANCHISEE fails to comply with any tern or condition of this AGREEMENT, or fails to perform any of its obligations hereunder, then FRANCHISEE shall be in default. Upon the occurrence of a default hereunder, the CITY, in addition to all remedies available to it by law, niay immediately, upon written notice to FRANCHISEE, terminate this AGREEMENT. This FRANCHISEE understands and agrees that termination of this AGREEMENT under this section shall not release FRANCHISEE from any obligation accruing prior to the effective date of' termination. Should FRANCHISEE be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, FRANCHISEE shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this AGREEMENT, as well as, all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. See Section 22-58 (c) of the City Code, as amended. 15 City of Miami, Florida Commercial Solid Waste Hauling & vices In 495344 9.2 If a default status is not cured and the AGREEMENT is terminated, the City has the right to seize the Franchise and transfer it to a third party. 9.3 Except as set forth in 9.2, once this AGREEMENT is terminated, the FRANCHISEE will have no authority to provide Solid Waste collection services in the CITY, ARTICLE X RIGHT TO TERMINATE AND/OR TRANSFER AGREEMENT 10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole discretion, at any time after the Cfl Y gives written notice to the FRANCHISEE of a default of any of the provisions in this AGREEMENT and the FRANCHISEE fails to correct the default or cease the conduct as set forth in the written notice, within fourteen (14) working days of the receipt by the FRANCHISEE of said notice from the CITY. See Section 22-58 of the City Code, as amended 10.2 If the FRANCHISEE is in default and owes sums to the City, fourteen (14) days after notice of default has been sent to FRANCHISEE, the City will have the option of transferring the rights under that FRANCHISEE'S AGREEMENT to a third party. That right to transfer the rights under that FRANCHISEE'S AGREEMENT may be exercised at any time after the termination of the FRANCHISEE and no intent to later transfer those rights need be expressed in any notice or other communication with FRANCHISEE. 10.3 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the City Manager in accordance with the same time period as set forth in Section 22-49 of the City Code. Said request for appeal must be in writing. 10.4 All complaints received by the CITY shall be resolved by the FRANCHISEE within twenty four (40) hours, after notification by the CITY to the FRANCHISEE of said complaint, The FRANCHISEE agrees to make all reasonable and expeditious' efforts to resolve every complaint. The FRANCHISEE shall perform every reasonable act to provide a level of high quality service which will minimize complaints. 10.5 It is expressly agreed :that in no event shall the CITY be liable or responsible to the FRANCHISEE or its customers for any delay or temporary interruption in service because of disputes between the parties or any cause over which the CITY has no control, In the .event of any condition which makes performance of contracts entered into under the terms and conditions of this AGREEMENT impossible, FRANCHISEE agrees that the CITY shall have the rift to invite noti% and gualify other Prospective Proposers of the opportunity to provide collection and disposal services. ARTICLE XI NOTICES 16 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 Whenever either party desires to give notice unto the other, it must be given by written notice, sent certified U.S. Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. 11.2 For the present, the parties designate the foliowing as the respective places for giving of notice, to -wit: CITY of MIAMI c/o City Manager 3500 Pan American Drive Miami, Florida, 33133 FRANCHISEE Copy To: City of Miami Director, Department of Solid Waste Director's Office 1290 NW 201 Street Miami, FL 33142 ARTICLE XII INDEMNIFICATION 12.1 FRANCISEE shall indemnify, defend and hold harmless the CITY and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this AGREEMENT which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence.(whether aotive or passive) of FRANCHISEE or its employees, ,agents or subcontractors (collectively referred to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them. or (ii) the failure of the FRANCHISEE to comply with any of the paragraphs herein or the failure of the FRANCHISEE to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, Federal or State, in connection with the perfoi uance of this AGREEMENT. FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of FRANCHISEEa_or my of its subcontractors, as provided above, for which the FRANCHISEE'S liability to such employee or former employee would otherwise be limited to payments under State Workers' Compensation or similar laws, 17 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 ARTICLE XIII ASSIGNABILITY 13.1 There is no right to assign this AGREEMENT. The City Commission may allow an assignment if it is deemed in the best interests of the City of Miami ("CITY") to do so. Under no circumstances may the City Commission consider assignment of a Franchise as long as the FRANCHISEE has any outstanding balance to the CITY or is otherwise not in complete compliance with the AGREEMENT. If the FRANCHISEE is up to date with all payments to the CITY and is otherwise fully in compliance with the AGREEMENT, then a FRANCHISEE may request consideration for assignment only as follows: by Certified letter to the Director of the Department of Solid Waste with reports enclosed reflecting all payments due to the CITY have been paid through the date of the letter. For the purposes of this paragraph, "assignment" shall include any transfer of a majority of stock in a FRANCHISEE or any significant change in ownership or control of the FRANCHISEE, its officers, directors or personnel. The Director of the Department of Solid Waste must be notified ,of any sale of a majority of stock in the FRANCHISEE and any significant changes in the ownership of the FRANC.IBISEE, its officers, directors or personnel by Certified letter no later than five (5) business days after such action. If assignment is granted, the new FRANCHISEE will assume all obligations set forth in the AGREEMENT and immediately comply with all terms of the AGREEMENT. If the CITY approves assignment of this AGREEMENT, it may be conditioned on the proposed assignee demonstrating fiscal solvency, reliability, and responsibility. Prior to consideration of approval by the CITY, the proposed assignee must execute an Assignment/Assumption AGREEMENT whereby they comply with every condition of the prior Franchise Agreement and this AGREEMENT must be approved as to form and correctness by the City Attorney. 13.2 This AGREEMENT shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. ARTICLE XW COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: 14.1 FRANCHISEE understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to FRANCIHSEE's operations and services, public records, conflict of interest, record keeping, etc. FRANCHISEE agrees to comply with and observe all applicable Federal, State, Comity and City laws, rules, regulations, Codes and Ordinances, as applicable to FRANCHISEE and its operations and services, as they may be amended from time to time. ARTICLE XV NONDISCRIMINATION 15.1 FRANC.IIISEE represents and warrants to the CITY that FRANCHISEE does not and will not engage in discriminatory practices and that there shall be no discrimination in 18 City ofMiami, Florida Commercial Solid Waste Hauling Services .1FQ 495344 connection with FRANCHISEE'S performance under this AGREEMENT on account of race, color, sex, religion, age, handicap, marital status or national origin. FRANCHISEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be. excluded from participation in, be denied services, or be subject to discrimination under any provision of this AGREEMENT. ARTICLE XVI INDEPENDENT CONTRACTOR 16.1 FRANCHISEE is being engaged as an independent contractor, and not as an agent or employee of the CITY. Accordingly, FRANCHISEE shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the CITY, nor any :rights .generally afforded classified or unclassified employees. FRANCHISEE further imderstands that Florida Workers' Compensation benefits available to employees of the CITY are not available to FRANCHISEE, and agrees to provide workers' compensation insurance for any employee or agent of FRANCHISEE, ARTICLE XVII GOVERNING LAW; VENUE; CIVIL ACTIONS 17.1 This AGREEMENT shall be governed by the laws, regulations, Codes and Ordinances of the Federal Government, State of Florida, Miami -Dade County and the City of Miami. This AGREEMENT shall be construed and interpreted under the laws of the State of Florida. 17.2 Venue in any claims, actions or proceedings between the parties shall be in Miami-Da.de County, Florida. 17.3 In order to expeditiously handle any claims, actions or proceedings between the parties under this AGREEMENT each party voluntarily and knowingly: (i) waives their right to demand a jury trial; (ii) waives their right to file a perini.ssive counterclaim; (iii) agrees to bear their own attorney's fees. ARTICLE XVIII SEVERABILITY 18.1 Should any section of this .AGREEMENT, or•any part thereof, or any paragraph, sentence or wordbe declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof. ARTICLE XIX ENTIRE AGREEMENT 19 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 19.1 This instrument and its attachments constitute the sole and only AGREEMENT of the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and. obligations of each to the other as of its date, Any prior Agreements, promises, negotiations, or representations not expressly set forth in this AGREEMENT are of no force or effect. 19.2 It is further understood that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19.3 Notwithstanding the aforementioned, the CITY reserves the right, from time to time, to levy other reasonable business, professional, and occupational regulatory fees, pursuant to Florida Statutes § 166.221. 19,4 The City of Miami's Department of Solid Waste, may request such other reasonable supporting financial documents, as reasonably needed, to evaluate the gross receipts of the FRANCHISEE, for accounts subject to this Franchise Agreement. ARTICLE XX APPROVAL OF THIS AGREEMENT 20.1 Execution of this AGREEMENT by the City Manager, City Attorney., City Clerk, Risk Management Administrator and FRANCHISEE, shall constitute evidence of its approval. ARTICLE XXI ADDITIONAL QUALIFIED PROPOSERS 21.1 In addition, Qualified Proposer(s) agree that the CITY iras the right to add additional qualified proposers, (in the event any of the Franchises are cancelled, terminated, or the FRANCHISEES otherwise cease to do business or provide adequate service within the CITY), who meet all requirements of applicable laws, codes, rules and regulations and will execute CITY furnished Agreements to provide collection and disnosal services, as determined necessary by the CITY, through the duration of the contract in order to insure availability and expediency of services, Each proposer who seeks to be added to the Commercial Solid Waste Hauling Services contract shall be evaluated, consistent with the requirements of this RFQ, to determine qualifications. ARTICLE XXII PUBLIC RECORDS. 20 City ofMiami, Florida Commercial Solid V✓ate :leadingServices RF'Q 495344 22.1 FRANCHISEEunderstands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, including without limitation Florida Statute § 119,0701, and agrees to allow access by the CITY and the public to all documents subject to disclosure under applicable laws. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this AGREEMENT by the CITY. 22.2 FANCHISEE shall additionally comply with. Section 119.0701, Florida Statutes, including without limitation: (1). keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise_provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the City in a format compatible with the City's information technology systems, 22.3 Should FRANCHISEE determine to dispute any publio access provision required by Florida Statutes, then FRANCHISEE shall do so at its own expense and at no cost to the CITY. ARTICLE XXIII TERMINATION 23.1 The CITY reserves unto itself the power to revoke all franchises granted pursuant to Chapter 22 of the City Municipal Code, to change or lint tho rights granted, :or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of property, contract, or other right of FRANCHISEE, it being the express intention to reserve unto the CITY, the power in its sole discretion, to alter the methods of solid waste collection employed in the CITY, and the manner in which to provide for solid waste services delivered within the CITY. 21 ofilliand, Florida Commercial Solid Waste Hauling Services' liFQ 495344 IN WITNESS WIIEREOF, the parties hereto have caused this instrument to be executed by they respective officials th.ereunto duly,authorized, this the day and year above written. ATTEST: C{Cririr), CITY OF MIAMI a municipal corporation Todd Hannon, City Clerk Daniel L Alfonso, CftyManager "FRANCHISEE" a CoiporationiLLC/ Ltd. Partnership ( as applicable) ATTEST: By: Print Name: Print Name: Title: Secretary 1Title: APPROVED AS TO FORM .AND APPROVED AS TO INSURANCE CORRECTNESS: Victoria Mendez REQUIREMENTS: Ann, -Marie Shaipe City Attorney Director, Risk Management A company resolution indicating the signatory is authorized to sip for and bind the Franchisee, is required, .22 . City of Miami, Florida Commercial Solid Waste Handing Services RFQ 495344 EXHIBIT B SCOPE OF WORK The City of Miami is contracting with qualified private commercial haulers, hereinafter referred to as FRANCHISEE, to enter into city-wide Franchise Agreements to provide collection and disposal of all commercial solid waste and recyclable materials, excluding biomedical, biological, and hazardous waste, to its commercial establishments and multifamily residences with four (4) or more contiguous living units, totaling approximately 21,000 accounts in 34 square miles. The services include garbage, trash, specialized roll -off and recycling services. Extra -ordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc.), dead animals, abandoned vehicles/boats and parts, large equipment and parts thereto will not be collected by the FRANCHISEE unless specifically required by the generator and agreed to by the FRANCHISEE. The Agreement shall enable FRANCHISEES to provide these services within the City for the term specified in the Agreement. FRANCHISEES shall be responsible for seeking their own commercial accounts within the City. Rev. 12/10/15 24 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 EXHIBIT C PROPOSAL AND COMPENSATION Rev. 12/10/15 25 GREAT WASTE City of Miami City Clerk 3500 Pan American Drive Miami Florida 33133 Re: RFQ 495344 Commercial Solid Waste Hauling Services Dear Mrs. Osborne , Great Waste and Recycling Service LLC. would like to thank The City of Miami for allowing us to be a part of RFQ No. 495344 Commercial Solid Waste Hauling Services , Great Waste and Recycling Service LLC. is a full service solid waste and recycling firm based locally in Miami -Dade County. The management team at Great Waste has been providing quality residential, commercial solid waste and recycling processing services in the South Florida marketplace for more than Thirty (30) years. Industry leading management team, we believe we have the knowledge and past experience As a current Franchisee providing service to City of Miami clients. Great Waste has a current roster of 28 employees and a senior management team with a combined total of 100 years of experience in the solid waste and recycling industry. Great Waste dedication to the environment is a leader and has developed South Florida's Largest privately held waste and recycling company. Great Waste and recycling is currently a Franchisee of the City of Miami. We pride ourselves on being actively involved in the community and very sensitive to the needs of the environment. Our staff is involved in ongoing recycling education programs that have informed numerous residents, business owners and school children on the benefits of recycling in South Florida. Great Waste has been very much involved with the Coastal Clean Up projects including clean ups off of South Florida Beaches. Please accept this letter of Commitment of Compliance , Financial compliance requirements of RFQ No. 495344, for The City of Miami , Singly Sub Car. o Piccinonna Pr sident Great Waste & Recycling Service, LLC 3051 NW 129 Street • Opa-Locka, FL 33054 Office: (305) 688-6188 • Fax: (305) 688-6235 • www.Great-Waste.com A.)Business Tax Receipt B.)Attestation of Qualifications C.)Documents D.)Certification Statement & Certification RFQ#495344 Af-AsIAVY'' GREAT WASTE City of Miami Business Tax Receipt Great Waste & Recycling Service, LLC 3051 NW 129 Street Opa-Locka, FL 33054 Office: (305) 688-6188 • Fax; (305) 688-6235 • www.Great-Waste,com 06/05/2015 09:34 3054161997 CITY OF MIAMI PAGE 02/02 r GREAT WASTE & RECYCLING GREAT WASTE & RECYCLING TO ► SERVICE LLC 3051 NW 129 ST L OPA-LOCISA,FL,33054 Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (306) 416- 1918. Favor de tomar note que este Recibo de lmpuesto para Negocio se vence el 30 de Septiembre de aiio indicado. Asegurar la renavacion pars el fro de Octubre es la responsabltidad del negocio. Para mas informaolon puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspiro 30 Septan-m ane sa men-m nan lis IS. Se responsablite dirl)an Biznis sa pou li renouvle-I Pwemia Oktob kap vini. S1 ou bezwen pile enf$masiyon sou zafe sa , pa Nye rele nan (305) 416-1570 ou byen (305) 416-1916. its of '-trxmi Km THIS DOCUMENT IN A CONSPICUOUS PLACE. NOT TRANSFERRAELE OR VALID AT ANOTHER ADDRESS UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY Or MIAMI Ado $,W3 AV6 em PLCDR, MIAMI, FL 3317ti, PHONE (305)415.1310. Effective You Oct 1 2014 Thru Sep. 30 2015 RECEIPT FOR GREAT WASTE a RECYCLING ISSUED Jun 04, 2015 TOTAL FEE PAIb 265.00 ACCOUNT NUMBER 101260 RECEIPT NUMBER 1560 NAME OF 6USINES5 GREAT WASTE & RECYCLING t7BA GREAT WASTE & RECYCLING LOCATION IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OR WASTE COLLECTORS (COMMERCIAL) Jose M. Fernandez Eingme Director THIS IS NOT A BILL DO NOT PAY Thin la,uun0A 01 n hu.lnna* ¶0 roo^Ipt done not pdrmlt tn. hnidor 10 V101nl- AMy Snnln0 law, nl inn City nor do•tr 11 neaempt IM Mtdnr from nny Orann nr pgrmlte thnr mny b4 requlmcl ny boo. Thl*. document Hong 1101 conctUwn A cnnillonllnn Mot . IhA ItoldOr In g1Alldmd 10 :.tp. 0 I0 nh0 budnnn., pre1O.BlOn M ncetlpnIIOn BpnWred nmelh. Th0 00c.mnnt IfdI0nr.n pnyrd0nl M Um hn*11141a 100 rnnnlpl only. 2015 06/05/2e15 09:34 3054161997 mdi rti^. i Y• I1li ' I IB�Y,�A NhIH Y� L�. S11 J� it 1� a' • 1 CITY OF MIAMI •11!��3l�ofMiami 1�tp.Pimrov.ciJaza mI.fi•1Du: •aOa S FACSIMILE TTRANSMITTAL SI EET TO: WILLIAM PAGE 01/02 FROM: CUSTOMER SERVICE COMPANY: GREAT WASTE & REC DATE: 06/05/15 FAX NUMBER: 305-416-1997 TOTAL NO. OF PAGES INCLUDING COVER: 2 PHONE NUMBER: 305-416-1570 RE: BUSINESS TAX RECEIPT 0 UXWENT ❑ POP REVIEW 0 PLEASE COMMENT ❑ PLEASE REPT Y NOTES/COMMENTS Attached please find your Business Tax Receipt year 2014-2015e GREATWASTE Attestation of Qualifications Attachment A Great Waste & Recycling Service, LLC 3051 NW '129 Street • Opa-Locka, FL 33054 Office: (305) 688-6188 • Fax: (305) 688-6235 • www.Great-Waste.com ATTACHMENT A ATTESTATION OF QUALIFICATIONS RFQ NO. 495344 Commercial Solid Waste Hauling Services THIS IS A MUST (FILL OUT) FORM. FAILURE TO TIMELY AND FULLY COMPLETE AND RETURN THIS ATTACHMENT WITH RESPONSE MAY AUTOMATICALLY DEEM THE PROPOSER NON- RESPONSIVE. LEGAL Name of Applicant (PROPOSER): 6Rehur 4,04--C7Z 4/0 6reoV 4 FULL BUSINESS Address, INCLUDING ZIP CODE of Applicant (PROPOSER): 04-7 A) ea lo ,s9golV Date: Proposers' must answer and provide all required documentation cited below. Proposers may use this format or may respond in another format within its Response to this RFQ, so long as all information is provided in the same order as outlined below. 1. Identification Information on Applicant A. Name of Applicant If the applicant is a partnership, LLC, LLP, or corporation, the name, business address of the principal officers and stockholders(Owning 5% or more of the stock) and any person having any financial or controlling interest in the partnership or corporation or other business entity shall be required. Provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the name and business address of the local and/or State of Florida managing officer(s) shall be required. Detail all information below or within submitted Response. The City will be unable to determine the qualifications of a Proposer should this information not be provided with Response and material omissions will cause the Proposer to be deemed non -responsive. Use a separate attached sheet indicating question numbers(s) if needed. 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. Be 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 dete urination, the following information submitted by the applicant shall be considered: (1) Penal History If the applicant is an individual, a record of allconvictions and the reasons therefore shall be provided by the applicant. If the applicant is other than an individual, then records of all convictions and the reasons therefore of the principal controlling officer(s) or applicant shall be provided. However, in the case of a publicly held corporation having 25 or more shareholders, only the aforementioned information applicable to its local managing officer(s) shall be required. Indicate convictions below, if applicable, and reasons. Also confirm the Public Entity Crimes Statute' does not apply to Proposer. The City will be unable to deteinnne the qualifications of a Proposer should this information not be provided with Response. tk ° 04 (2) Fingerprints The fingerprints of the persons mentioned in this subsection, a full set of which for each of such persons shall accompany response. Indicate from what public agency the attached fingerprints are provided. (The City of Miami Police Department does not provide fingerprint services or fingerprint cards to the general public) (3) Business history Indicate whether such applicant has operated a solid waste collection removal business in this or another state under a franchise, 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 rig 1 14 (� �� vAiry e4 2 See Florida Statute §287.133,"Public entity crime", etc. (4) Existence of Business Entity If the applicant is a corporation or other incorporated business entity , provide proof of incorporation and proof of that corporation's good standing in the state of incorporation. If applicant is a foreign corporation, applicant should submit information or material certifying that the applicant is allowed and qualified to do business in the State of Florida. If applicant is other than a corporation and is operating under a fictitious name, applicant should submit information that such fictitious name is registered under state law and held by applicant. Indicate below that such proof is being provided to the City. The City will be unable to determine the qualifications of a Proposer should this information not be provided with Response. If the Applicant does business under a Fictitious Name please attach proof of compliance with the "Fictitious Name Act".3 WrreeTie- 2. Equipment and Method of Operation The applicant, in order to qualify for participation in the Agreement, shall possess equipment capable of providing safe and efficient service. In making such a determination and approving the method of operation for each applicant, the Department of Solid Waste shall now require the following information: 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 shouldthis information not be provided with Response. - -- rQatG O r ue-ks- s- rpo ur 404-4 GAR,eg6e G P4-p1* Th' - [ 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 ree4T-66,ks-7-e-, LNG UCz6c)A,--/-./40,0ke(A 3. Insurance Requirements Proposer must submit a Statement attesting that proof of insurance will be provided in a form acceptable by the City Risk Manager within ten (10) days after receipt of Notice of Award, and shall maintain its insurance, with the City listed as Additional Insured, in current status throughout the duration of the Agreement. The City will be unable to determine the qualifications of a Proposer should this information not be provided with Response > S7" . i of ✓ o() -�1 g�lQ.�� J a i bCorne,L73- /u cv) (y, L) (l f /0 1 Vf' -/L G /l� lice 4-4 4,4 It should be noted that the City will be unable to determine Proposer's qualifications should all required information requested above not be provided with Response. Therefore, any Proposer who fails to provide any of the above will not be able to provide services unless deemed fully qualified and approved by the City. I hereby certify that the above information provided, and its corresponding documentation, is true and correct. I fully understand that any false or misleading information, or information not provided as requested by the City for the purposes of deceit or deception, shall be grounds for the determination of being deemed. "not qualified" and that I understand that I shall have no recourse in the finding by the City. I further ce 'fy that the undersigned is legally authorized to sign this statement on behalf of the applica, t for piirrticipationAgreement. Signed: Telephone No: 3 D = 6 ?p 6I ( Pager No. - Print Name: Fax Number:3 6?P' �Pd Cell Number:Q,1"Y— (9 -3s cD Email Address: ( 41 8 C c,a rvt Witnessed by: _— Date: Notary/ Jurat aieei Notary public State of Florida Maria Estevez My Commission FF 138042 Expires 06/23/2018 'nt Name: eciYie% #63. 7L z WASTE Attestation of Qualifications Attachment A Notes and Attachments of RFQ Great Waste & Recycling Service, LLC 3051 NW 129 Street • Opa-Locka, FL 33054 Office: (305) 688-6188 • Fax: (305) 688-6235 • www;Great-Waste,com Local Business Tax Receipt Miami —Dade County, State of Florida -MIMS NOT A Mt - DO NOT PAY 5832092 0LA1INIOIS N.414E7LOcAlloN GREAT WASTE & RECYCLING SERVICES LLC 3051 NW 129 $T OPA LOCKA, FL 33054 °mann GREAT WASTE & RECYCLING SERVICES nAnt 0 1:1100INIC1NNA MOR Eitiployee(s) 6 RECEIPT NO. RENEWAL 7105746 EXP1Rg$ SEPTEMBER 30, 2015 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 3 & 10 SEC. TYPE OF BUSINESS 213 SERVICE 8USINESS PAYMENT RECEIVED BY TAX COLLECTOR 56.25 01/06/2015 0221-15-002811 This Local Wawa Tax ato:4110 only cort&yrta prow of the Local Maims Tax The Receipt is not ikons*. permit, Ora catrillication et tow holder* qualifications, to do businoss. Holder must comply with any govaramindal tir OonioNthilitmotal regulaany laws and tropriremonts which apply to is bns Th.flECITIPT NO, 4ibovt mut be displayed tiara coostrairolat rollick* -Ndaoll-Oadat Code Soo 11-276. mukrie RAVinoteinformatIon,visit www,ndooddadtatatilaxeollitotor MSS fi5�cx�S-� y miamidade.gov 'July' 10, 2014 Carlos Piccinonna, General Manager Great Waste & Recycling Services, LLC. 3051 NW 129 Street Opa Locka, FL 33054 Public Works and Waste Management 2525 NW 62nd Street • Suite 5100 Miami, Florida 33147 T 305-514-6666 111 NW 1st Street • Suite 1610 Miami, Florida 33128 T 305-375-2960 . RE: 2014-15 General Hauler Permit Approval and Vehicle Decal(s) Dear Mr. Piccinonna: Thank you for your recent General Hauler Permit application. Permit number 16093 issued to Great Waste & Recycling Services, LLC. has been approved and is valid through June 30, 2015. Enclosed you will find decals # GH15-0700:0788 for the 9 vehicles registered under this permit account to transport solid waste in Miami -Dade County. The decals should be permanently affixed on the inside of the windshield of the vehicles which is approved to transport solid waste and recyclable materials in Miami -Dade County. Vehicles that do not have a decal permanently affixed to the windshield will be subject to penalty as prescribed in the Code of Miami -Dade County. In addition, General Haulers with solid waste accounts in unincorporated Miami -Dade County must pay a disposal facility fee on all accounts except recycling pickup or non- recurring C & D pickups: It is also recommended that you keep this document on file as proof of your General Hauler Permit approval. Should you require additional information specific to your permit, contact the Permit Section at 305-514-6610. If you need assistance with the requirements of the Disposal Facility Fee, contact Rick Rayborn at 305-514-6742. S.incerel Michel J. Jackson, SPA 1 PW&WM Permit Supervisor CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 5/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 'PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RRL Insurance Agency 4450 W Eau Gallie Blvd., #115 Melbourne FL 32934 INSURED GREATWAST Great Waste & Recycling Services, LLC 3051 NW 129th Street Opa Locka FL 33054 NAM8ACT JOAN HOSKIE PHONE E-MAILWC No Ext):800-407-4077 ADDREss:jhoskie( rrl-..ins.com INSURER(S) AFFORDING COVERAGE INSURERA:Great Divide Ins CO INSURER B :Rockhill Insurance INSURER c :Essex Insurance Company INSURER D : FAX (A/C, No): NAIC # 28053 INSURER E : COVERAGES CERTIFICATE NUMBER: 133942719 INSURER F ; RF\/IRlrlr�l NI IMRC;�• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y GLP2008998=11 6/17/2014 3/17/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 DEDUCTIBLE $1,000 AUTOMOBILE e X X r LIABILITY - X SCHEDULED AUTOS NON -OWNED AUTOS Y BAP2008999-11 6/17/2014 3/17/2015 CO eBINEeDtSINGLE LIMI I (Eak $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per abcldent) $ PROPERTY DAMAGE (Per accident) $ COMP/COLL. DED, $3,000 8 X _ UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMBR009126-01 7/2/2014 3/17/2015 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED RETENT ON $ Products/Comp. Ops 81,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUIVE Y / N T OFFICER/MEMBER EXCLUDED? L I (Mandatory in NH) If yes, describe under N I A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ C EQUIPMENT FLOATER IMS34638 5/21/2015 5/21/2016 Actual Cash Value 2,500 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Addltional Remarks Schedule, If more space is required) RFQ222246 - COMMERCIAL SOLID WASTE HAULING SERVICES The City of Miami is added as additional insured on the General Liability and Automobile Liability policies listed above. CITY OF MIAMI PURCHASING DEPARTMENT 444 SW 2ND AVENUE, 6TH FLOOR MIAMI FL 33130-0000 CANCELLATION 30 bays SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010/05) The ACORD name and logo are registered !narks of ACORD CONTINUATION CERTIFICATE In consideration of premium charged, Lexon Insurance Company hereby continues in force : BOND No. 1074302 Dated 2/16/2012 in the amount of $75,000.00 Dollars on behaif of GREAT WASTE & RECYCLING SERVICES, LLC. , as Principal, in favor of City Of Miami Purchasing Departrnent. for the period beginning February 16, 2015 and ending February 16, 2016 subject to all terms and conditions of said bond, PROVIDED that the liability of Lexon Insurance Company shall not exceed in the aggregated amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuations thereof. SIGNED AND SEALED TIIIS February 3, 2015 Lexon Insurance Company By: Anthfj' G. 13a/zano, sittorney=-in fac, AtVAS1E Certification Statement Section RFQ #495344 Great Waste & Recycling Service, LLC 3051 NW 129 Street • Opa-Locka, FL 33054 Office: (305) 688-6188 • Fax: (305) 688-6235 • www.Great-Waste.com City of Miami Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement Number: Title: Issue Date/Time: Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 495344 Request for Qualifications for Commercial Solid Waste Hauling Services 24-APR-2015 27-MAY-2015 @ 14:00:00 Voluntary May 11, 2015 @10:00:00 MRC Building, 444 SW 2nd Avenue, 6th Floor Conference Room, Miami, Florida 33130 Monday, May 18, 2015 at 5:00 PM Osborne, Lydia City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US LOsborne@miamigov.com Page 1. of 39 Certification Statement Please quote on this foini, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. - All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in ail 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° 6L14--C-F d/liA 26,,C7 Puix) op„, 3262f-c(- ADDRES S • PHONE:3oi Pf ‘-( e EMAI SIGNED BY TITLE: FAx2ta -- 4 v aed Z.Z( ,BEEPER: ?4R/ JCS DATE:j-�,/�...-- FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Notary Public State of Florida Maria Estevez r My Commission FF 135042 Expires 06/23/2018 Page 2 of 39 Certifications Legal Nam of Firm: 4/21 (--Pel)-7-- bu(4-f7e 4 iiii Pec-rei/ ILA eve/ Entity Ty e: Partnership, Sole Proprietorship, Corporation, etc. Year Established: CV Office Location: City of Mi i, Miami -Dade County, or Other opft L3, Address: 20 7(291 City, State, and Zip C. de: 7. Telephone Number: ®r 6 R-- ‘‘%7 Fax Number: ff6/P---6,D2r--- E-mail Address: 4142) at4e47---a}(4 Contact Person (First and Last 400 irc../ 410tiia-�/-� Business Tax Receipt / Occupational License Number: 15 10 /4-debtAir- 0 / 2-6 0 Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. Page 3 of 39 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.' •r No Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Page 4 of 39 GREAT WASTE ANNIE PEREZ, CPPO Procurement Director ADDENDUM NO. 1 DANIEL J. ALFONSO City Manager DATE: April 27, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: RFQ 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes.a part of the subject solicitation. A. Article IV, Obligations of Franchisee, Section 4.11, has been deleted in its entirety and replaced with the following language, to reflect corrections to the amounts assessed for non. compliance: 4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 and Section 22- 93, as amended, of the City Code, Chapter 22, which states that it shall be unlawful for any FRANCHISEE to provide service to any commercial property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m., and to strictly adhere to any other terms and provisions of this AGREEMENT as specified in the Notice of Violation, except and only as determined by the Director of the Department of Solid Waste. Each Fiscal Year (October 1, through September 30), the amounts assessed for non- compliance of this section will be as follows: Non -Compliance: 2nd Non -Compliance: 3rd Non -Compliance: Each Additional Non -Compliance: $ 262.50 $ 525.00 $1,050.00 $1 ,050.00 For any other failure to comply with the terms of this AGREEMENT, the following amounts will be due as liquidated damages and not as a penalty, for violations of the AGREEMENT as specified in the Notice of Violation. First Violation: Second Violation: Third Violation: Each Additional Violation: $ 262.50 $ 525.00 $1,050,00 $1,050.00 Great Waste & Recycling Service, LLC 3051 NW 129 Street • Opa-Locka, FL 33054 Office: (305) 688-6188 • Fax: (305) 688-6235 • www.Great-Waste.com These amounts are established for the failures by the FRANCHISEE to comply with this AGREEMENT. It is not the intention of the City to assess the entire amounts for minor failures to comply with the AGREEMENT unless they are of a recurring or continuing nature. The City reserves the right to assess twenty (20%) of the amounts set forth in this section for minor failures to comply with the AGREEMENT. The exact damages suffered by the City cannot be known or ascertained and these amounts represent liquidated damages due at the time of the violation. B. Article XXII, Public Records, Section 22.2, has been added to the Franchise Agreement. 22.2 FRANCHISEE shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public• records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the City in a format compatible with the City's information technology systems, C. A copy of the entire revised Franchise Agreement is attached. All other information remains the same. APPROVED: Anni ?f rez, CPPO, Director Date AP:Io C: Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste ATTACNT B CITY OF MEAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE ERANCIUSE AGREEMENT BETWEEN THE CITY OF MIAMI AND THIS CITY OF MIAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT ("AGREEMENT"), made and entered into this day of October, 2015 by and between the City of Miami, Florida, a municipal corporation organized and existing under the laws of the .State of Florida, (hereinafter referred to as "CITY") and a corporation, qualified and authorized to do business in the State of Florida, (hereinafter referred to as "FRANCHISEE"), WITNESSETH; WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the Miami City Commission which amended Chapter 22, entitled Garbage and Other Solid Waste, of the City Code to allow regulatory permits for providing non-exclusive Commercial Solid Waste Services with Commercial Franchises to qualified firms; and WHEREAS, the City Manager has determined that FRANCHISEE is qualified to serve in the aforesaid capacity in that it has met the specifications set forth in Request for Qualifications No. 495344 and applicable sections of the Code and Ordinances of the CITY; and WHEREAS, FRANCHISEE is desirous of obtaining a non-exclusive Franchise from the CITY to provide Commercial Solid Waste Collection Services within the CITY as set forth herein; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to enter into this AGREEMENT for furnishing Commercial Solid Waste Collection Services within the CITY, as follows: 1.1 ARTICLE I GENERAL II FORIVIATION Each "WHEREAS" clause set forth above is true and correct and herein incorporated by this reference, 1 City of Miami, Florida Commercial Solid WYctste HaulingServices RFQ 495344 1.2 The ATTESTATION OF QUALIFICATIONS and the remainder of FRANCHISEE'S RESPONSE in reply to the solicitation for Commercial Waste Hauling Services, submitted in response to RFQ NO. 495344 by FRANCHISEE is herein incorporated by this reference. ARTICLE II DEFINITIONS 2.1 All Definitions set forth in the City of Miami City Code ("City Code"), Chapter 22, Section 22-1, entitled Definitions, as amended, entitled Garbage and Other Solid Waste and Chapter 22 in its entirety, are hereby incorporated by this reference. All references to Chapter 22, City Code, as amended, shall automatically incorporate by reference such modifications to Chapter 22, City Code, as are passed and adopted by the Miami City Commission from time to time, without the necessity of an amendment to this AGREEMENT; having to be entered into in any such instance. 2.2 As used in this AGREEMENT, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: Agreement shall mean this. FRANCHISE AGREEMENT, as it may hereinafter be amended or supplemented, Agreement Collection Arca shall include the entire CITY (except The Port of Miami), as the boundaries of the CITY shall exist at all times during the life of this AGREEMENT, Annual Franchise Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE who operates within CITY limits and collects garbage and trash, See Section 22-50(b) of the City Code. Annual Specialized Waste Handling Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE who operates within CITY limits and collects trash, excluding garbage. See Section 22. 50(c) of the City Code, :Biomedical Waste shall mean any solid or liquid waste which may present a threat of infection to humans, including non -liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease -causing agents; and discarded sharps. The following are also included: (a) used, absorbent :materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; and absorbent materials saturatedwith blood or blood products that have dried; and (b) non -absorbent, disposable devices that have been contaminated with blood, body fluids or, secretions or excretions visibly contaminated with blood, but have not been treated by an approved method, 2 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 :Biological Waste shall mean any solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals, City Commission shall mean the local legislative body of the City of Miami, The City Commission is the body that approves City Franchises, Any transfers, assignments, amendments, conveyances, or delegations pursuant to this AGREEMENT shall only be .made with the approvalof the City Commission and in accordance with the terms in Article XIIT of this AGREEMENT. City Manager shall mean the duly appointed chief administrative officer of the City of Miami. All actions of the CITY under this AGREEMENT that do not specify City Commission may be performed by the City Manager or the Director serving as the Manager's designee. Commercial Business shall mean and include an retail, professional, wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. This definition incorporates by reference the definition of "Commercial Establishment" set forth in § 15-1 of the Miami -Dade County Code. Commercial Hauler shall mean a licensed City of Miami FRANCHISEE that operates within CITY limits and provides certain services to Multi-Fan3.ily and Commercial establishmentsincluding but not limited to the following; garbage, trash, recycling, roll - off, and specialized waste handling service, etc. Director shall mean the Director of the Department of Solid Waste. Franchise Fee shall mean the monthly percentage of Gross Receipts remitted to the City by each FRANCHISEE. See Seotion 22-56 and Section 22-50 of the City Code, as amended. By amending Section 22-56 and Section 22-50 of the City code, the franchise fee may be amended or adjusted, from time to time. FRANCHISEE acknowledges and agrees that the monthly percentage of gross receipts payable, as amended, or adjusted, will automatically apply to this AGREEMENT. FRANCHISEE also agrees that the City and FRANCHISEE will promptly execute an addendum or amendment recognizing the FRANCHISEE's obligation to pay such adjusted or amended fee as of the effective date of such amendment, If FRANCHISEE fails to pay the adjusted; franchise fee, or fails to comply with any .addendum or amendment to this AGREEMENT, the FRANCHISEE shall be deemed in default of this AGREEMENT pursuant to Article IX. Should a default occur pursuant to Article IX, this AGREEMENT will beeterminated pursuant to Article X. Gross Receipts shall mean all monies, whether paid by cash, check, debit or credit, collected from customers resulting from all transactions and activities in the FRANCHISEE'S regular course of business and trade including administration fees, garbage, industrial, solid waste, used cooking oil waste, sanitation, environmental charges and fees, containerized waste, environmental waste services (vactor), equipment rental and City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495394 leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refitse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered materials at commercial establishments as defined by §403.704&, Florida Statutes),or from any other source related directly or indirectly from waste collection services, including, without limitations, all income derived from leasing and renting of real or tangible personal property, the use of dump trucks, grappling trucks, roll -off trucks, trailers, roll -offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the FRANCHISEE, exclusive of taxes as provided by law, whether wholly or partially collected within the CITY, less bad debts. Gross Receipts shall not include income derived from the transportation, storage, treatment collection and removal of biomedical, biological, or hazardous waste as herein defined. Hazardous Waste shall mean any solid waste, or a combination of solid wastes, which, because of quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Multifamily Residence shall mean and include any building or structure containing four or more contiguous living units and intended exclusively for residential purposes. This definition incorporates by reference the defmition of Multi -family residential establishment set forth. in § 15-1, Miami -Dade County Code. Neighborhood Cleanups shall mean periodic intensive removal of litter, debris and other solid waste material from a designated area ofthe CITY, initiated or approved by the CITY, its NET offices and/or recognized community based organizations or associations including special event activities citywide. Organic Waste shall mean a type of waste material which can be broken down into its base compounds by micro-organisms. and other living things, regardless of what those compounds may be, and can be commonly found in municipal solid waste as green waste, food waste, paper waste, and biodegradable plastics. Perm t Per Account Fee shall mean the charge assessed by the CITY beginning each October 1, for each account and roll -off that is acquired or maintained throughout the Fiscal Year by FRANCHISEE for the provision of commercial solid waste services. Recycling shall mean any process by which solid waste, or materials which would otherwise become solid waste, arecollected, separated, or processed and reused or retuned to use in the form of raw materials or products. Recyclable Material shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 4 City of Miami, Florida Commercial, Solid Waste Hauling Services .RFQ 495344 Safety Inspection Fee shall mean a regulatory fee as referenced in Section 166,221, Florida Statutes, which is a yearly remittance paid to the CITY by the FRANCHISEE for inspection of all vehicles that the commercial haulers will use to conduct business, of whatever source, within the City boundaries, Specialized Waste Handling Services shall mean the collection and .disposal of solid waste that requires special handling and management, including, but not limited to white goods (large electrical goods used domestically such as refrigerators, washing machines, etc.), waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and biomedical and biological waste. It should be noted that these are FRANCHISEES that are in the roll -off collection business and do not collect garbage. ARTICLE III GRANTEE 3.1 The CITY grants unto the FRANCHISEE the continued non-exclusive right and privilege, with related obligations, to provide commercial solid waste services in, under, upon, over and across the present and future streets, alleys, bridges, easements, public rights -of -way and other public places within the CITY boundaries, present and future, for contracted multifamily, commercial business, governmental, religious, educational, profit and non- profit agencies and/or property owners for solid waste collection and disposal services, 3.2 The CITY further grants unto the FRANCHISEE the non-exclusive right and privilege, withrelated obligations, to provide solid waste collection and disposal services for construction, demolition and renovation sites located within the CITY on a contracted. basis, ARTICLE IV OBLIGATIONS OF FRANCHISEE 4.1 FRANCHISEE shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological, and hazardous waste, Extraordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc,), dead animals, abandoned vehicles/boats and parts, large equipment and parts thereto will not be collected by FRANCHISEE unless specifically required by the generator .(site whose processes and actions create the waste) and agreed to by the FRANCHISEE. 4.2 FRANCHISEE shall make collection with as little disturbance as possible. Refuse containers shall be thoroughly emptied and maintained in a clean manner, Any refuse spilled by the FRANCHISEE shall be picked up immediately by the FRANCHISEE.. The removal of all refuse within 10 ft. of container will be the responsibility of the FRANCHISEE, The FRANCHISEE will be held responsible for keeping the 10 ft, radius 5 City gliklicami, Florida Commercial Solid Waste Hauling Services RFQ 495344 surrounding containers clean and free of waste and debris as long as container is on site, Service minimums for multi -family dwellings shall be as follows: 1-4Units --2 CY@2xperweek; ■ 5-8Units -3 CY@ 2xper week or2CYc@c 3xperweek 9-12 Units - 4 CY @ 2 x per week; ▪ 13-16Units 3CY@ 5xper week or4CY@3xper week; ■ 17-32 Units 6 CY @ 3 x per week; at 33-48 Units — 8 CY @ 3 x per week; over 48 Units will require two 8 CY @ 5 x per week, with the City monitoring Solid Waste pickup activity. In case of insufficient service being noted, FRANCHISEE may be required to increase service. As per Section 22-2 (b) of the City Code, as amended, no customers are to be signed up for 1 x per week garbage collection service. 4.3 FRANCHISEE agrees that all containers shall be identified with its name and telephone number and be sufficient in quantity and size to contain material as indicated in the City Code, All containers serviced by FRANCHISEE shall be maintained in a clean and serviceable manner at all tinges. At no time .shall any of FRANCHISEE'S containers be left on the public right-of-way. The City, at its discretion, may require an adjustment in the location, pick up schedule or the size of the container(s) if they become an unsightly nuisance, cause a civil violation to occur, pose a threat to the surrounding environment, threaten the health and/or safety of the City's population or become unsanitary and/or inoperable. Except as otherwise provided, all vehicles used in the collection and/or transportation of waste shall be equipped with a leak -proof body of metal type. If a FRANCHISEE uses a specially designed, motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. If any pickup truck or open -bed truck is used by a FRANCHISEE, the load shall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the CITY. All vehicles shall be properly licensed,, registered, and equipped in compliance with the motor vehicles laws of the State of Florida. 4,4 FRANCHISEE shall be responsible for creating and maintaining schedules and routes, as well as, frequency of service within the limitations and under the provisions of the City Code, FRANCHISEE shall be responsible for providing notification of same to its customers immediately, 4.5 In cases of natural disasters, the City Manager may grant the FRANCHISEE reasonable variance from. regular schedules and routes. As soon as a declaration of an emergency is issued by the Mayor, FRANCHISEE shall make reasonable efforts to secure its containers in order toprevent hazards and/or threats to public safety and health. As soon as practicable after such disaster, the FRANCHISEE shall advise the CITY and its customers of the estimated time required before regular schedules and routes can be resumed. 6 City of Miami, Florida Commercial Solid Waste Hauling Services :RFQ 495344 4.6 FRANCHISEE shall .make its customers aware of Miami -Dade County's and City of Miami's mandatory Commercial and Multi -family recycling ordinance and shall make services available. FRANCHISEE shall submit to the Solid Waste Director an "Annual R.ecyoling Plan" which will describe resources and funds being committed to program; an annual list of recycling accounts, quarterly reports describing recycling and diversion goals and accomplishments, and financial resources spent for that purpose, along with a list of non -recycling accounts. FRANCHISEE agrees to comply with Section 15 of the Miami - Dade County Code, entitled "Solid Waste Management", as amended. All Multi -Family and Commercial establishments are required to initiate a recycling program. The recycling program shall be serviced by a licensed City of Miami FRANCHISEE, or a State of Florida Certified Recyclables Dealer. Failure of FRANCHISEE to provide a recycling 'program shall cause a default in this AGREEMENT pursuant to Article IX; failure to cure said default may result in termination of said AGREEMENT pursuant to Article X. See Section 22-51 of the City Code, as amended. 4.7 FRANCHISEE agrees to recycle, collect and dispose ofthe solid waste at designated CITY buildings and properties, free of charge, pursuant to the City Code, as assigned by the Director of the Department of Solid Waste. In -kind service assignments, including recycling City facilities, will be made proportionate to FRANCHISEE'S percentage of total contracted commercial accounts in the CITY. See Section 22-1 of the City Code, as amended. 4.8 FRANCHISEE agrees to collect and dispose of waste generated at assigned Neighborhood Cleanups, and other locations within the CITY, as an in kind service in proportion to the FRANCHISEE'S percentage of the total franchise fees paid to the CITY, Such assignments are to be established by the Director of the Department of Solid Waste, who on any assignment which exceeds $500.00 in value, may require a Memorandum of Understanding ("MOU"), to be signed by the FRANCHISEE and the City Manager (or the Director), which sets forth a guaranteed maximum charge/stipulated lump sum for such assignment. Such a charge will consist of either a monetary amount, or a percentage of the franchise fee agreed upon in the MOU. The CITY will only be liable to credit this offset from the franchise fee and the FRANCHISEE will have no other monetary recourse, claim or action against the City for any ,payment of the in kind service assignment under this Section. 4.9 FRANCHISEE shall :require that its employees wear clean uniforms or shirts bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a valid Commercial Driver's License, for the type of vehicle being operated; that the CITY may request the removal of any employee of the FRANCHISEE from City service who exhibits wanton negligence, or is discourteous in the performance of his/her duties; and that no person shall be denied employment by the FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion. 4,10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT to pay all employees not less than the Federal minimum wage and to abide by other requirements 7 City ()Miami, Florida Commercial Solid Waste Hauling Services R•FQ 495344 as established by the Congress of the United States in the Fir Labor Standards Act, as amended and changed from time to time and to comply with all applicable laws relating to the employment of employees and the provision of commercial solid waste services. The FRANCHISEE shall have on hand at all times, in good working order, such equipment as shall permit the FRANCHISEE, adequately and efficiently, to perform its duties hereunder, FRANCHISEE shall, at all times, have available reserve equipment which can be put into service and operation within two hours of any breakdown. 4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 and Section 22- 93, as amended, of the City Code, Chapter 22, which states that it shalt be unlawful for any FRANCHISEE to provide service to any commercial property within 100 feet of a residential distii:ct between the hoius of 11:00 p.m, and 7:00 a.m., and to strictly adhere to any other terms and provisions of this AGREEMENT as specified in the Notice of Violation, except and only as determined by the Director of the Department of Solid Waste, Each Fiscal Year (October 1, through September 30), the amounts assessed for non- compliance of this section will be as follows: 1 Non -Compliance: 2nd Non -Compliance: 3''d Non -Compliance: Each Additional Non -Compliance: $ 262.50 $ 525.00 $1,050.00 $ 1,050.00 For any other failure to comply with the terms of this AGREEMENT, the following amounts will be due as liquidated damages and not as a penalty, for violations of the AGREEMENT as specified in the Notice of Violation. First Violation: $ 262.50 Second Violation: $ 525,00 Third Violation: $1,050.00 Each Additional Violation: $1,050.00 These amounts are established for the failures by the FRANCHISEE to comply with this AGREEMENT. It is not the intention of. the City to assess the entire amounts for minor failures to comply with the AGREEMENT unless they are of a recurring or continuing nature. The City reserves the right to assess twenty (20%) of the amounts set forth in this section for minor failures to comply with the AGREEMENT. The exact damages suffered by the City cannot be known or ascertained and these amounts represent liquidated damages due at the time of the violation. 4.12 FRANCHISEE is required, pursuant to Section 22-2 (b) of the City Code, as amended, to notify the Department of Solid Waste, at least seven business. days prior, of accounts for which it will discontinue service and advise if said accounts are in arrears. Should any accounts be in arrears and FRANCHISEE seeks remedy (court decisions, collection agencies, judgments, mediations, etc,) the CITY•shall receive from the amount of proceeds collected, its applicable fees and be notified of any and all hearings and/or meetings so it 8 City of Miami, Florida Commercial Solid Waste Haiiling Services PFQ 495344 may participate, Also, upon resumed service, FRANCHISEE agrees to immediately notify the Department of Solid Waste. FRANCHISEE shall furnish such notification(s) as are provided in Section 22-2, of the City Code, 4.13 FRANCHISEE acknowledges that under this AGREEMENT, price controls will be primarily extracted through competition amongst the Franchise companies for existing and future accounts. FRANCHISEE further acknowledges that any increase in pricing by the FRANCHISEE could result in the customer seeking better pricing from another FRANCHISEE, If the CITY identifies an illegal container placed and operating within the City limits by a non -licensed Commercial Hauler who is providing Commercial Solid Waste Service without a Franchise from the CITY, the City willconfiscate saki container and assess charges for man-hours, equipment, disposal and administrative costs and fines. 4.14 ALL equipment utilized to collect and transport solid waste in the CITY must be conspicuously marked on both sides of the automotive unit with the name of the hauler, vehicle number, tare weight, and cubic yard capacity. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. 4,15 At least annually (October 1) and as determined by the Director of the Department of Solid Waste, each FRANCHISEE shall supply the following information on a flash drive, PDF file, compact disc, or other acceptable format and in the manner prescribed by the Director of the Department of Solid Waste: (1) A listing, as of the reporting date, of the names and addresses of customers, and the addressesof each location served. (2) The number and capacity of each clumpster and compactor per account. (3) The list of accounts within the City of Miami far which hand collection of bags/cans is provided, (4) An accounts receivable aging report for each. City of Miami customer. (5) A listing of City of Miami accounts that were charged off as bad debts. (6) A listing of the vehicles and equipment to be used in the City of Miami. (7) Literature provided to each customer describing the goals and objectives of the recycling programs offered by the FRANCHISEE and the obligations under the. Dade County mandatory multi -family and business recycling code. All literature is to be provided in English, Spanish and Creole, (8) That the vendors in the area known as the "Produce Market" comprised of produce vendors, bounded on; the East by Northwest Ninth Avenue, on the North by Northwest Twenty -Third street, on the West by Northwest Twenty Second Avenue and on the South by Northwest Twentieth Street and the surrounding area, be provided with. an Organics Recycling Program no later than October l.st, 2016 or utilize a facility as described in 4.15 (9). Such program shall use composting and/or any other environmentally accepted organics recycling program which diverts such material from any disposal site, 9 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 (9) An organic recycling work plan that includes the utilization of a future City waste conversion facility. A plan that uses (upon its' implementation) the waste conversion facility. Such facility will require organic waste as the primary feedstock to operate efficiently. Franchise haulers servicing the "Produce Market" and other customers who generate significant amounts of organic waste,. such as grocery, produce, food waste and landscaping materials agree to cooperate with the Solid Waste Department in delivering valuable organic waste to the proposed ,City facility. The City will make every effort to set a tipping fee that will only recover the operational costs associated with ranning such facility. ARTICLE V FRANCHISE FEES 5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in Chapter 22 of the City Code, ARTICLE II -DEFINITIONS of the AGREEMENT and the terms of this AGREEMENT in its entirety, with n specified time frames, as may be amended or adjusted from time to time by the enactment of City Code amendments as referenced in "Franchise Fees" in. Article II of this AGREEMENT: 5,2 FRANCHISE FEE: FRANCHISEE agrees to remit monthly to the CITY, twenty-four percent (24%) of its Gross Receipts, generated from accounts within the City limits, or $500.00 per month, whichever is greater. Accompanying the remittance, FRANCHISEE must provide the CITY witha list of the customers' names, addresses, folio numbers, and total amount collected, FRANCHISEE agrees to maintain a second list which reflects an aging schedule of individual account charges which must be retained for a period of 60 months from the end of the AGREEMENT, and be made .available at all times to CITY auditors. Twenty-four percent (24%) of the total amount collected should equal the remittance amount paid to the CITY. The remittance of the previous month's collection should be received by the CITY on or before the last day of each month. Failure to remit by the last day of the following month will cause the. FRANCHISEE a one and one half percent (1.5%). penalty per month on the balance due, If payment is past due in excess of 60 days, the Department of Solid Waste will initiate its procedure to revoke the FRANCHISE and attach the Payment and Performance Bond for all monies due and owing the CITY, including costs. It should be noted, that the twenty-four percent (24%) remitted tnonthly to the City, should be calculated on all monthly gross receipts, excluding receipts derived from biomedical, biological, and hazardous removal, as defined in the AGREEMENT, collected from the customers, exclusive of taxes. As payment of the franchise fee is assessed to the FRANCHISEE, FRANCHISEE may not write into its customer bills or invoices a charge labeled "City of Miami Franchise Fee," or any other language that serves to pass payment of Franchise Fees onto the customer. The gross percentage fee under this section does not apply to franchises engaged solely inbiomedical, biological, and hazardous removal services, The CITY may, from time to time, adjust this fee by amending§ 22-56 of the City Code. FRANCHISEE acknowledges it shall be obliged 10 City of Miami, Florida Commercial Solid Waste Hauling Services, RFQ 495344 to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute an addendum or amendment affirming the foregoing, 5.3 ANNUAL FRANCHISE FEE; FRANCHISEE agrees to remit to the CITY annually (due October 1) the sum of $10,500.00 for the right to be a FRANCHISEE for Commercial Solid Waste Services within the City; said fee shall increase annually by $500 00 Failure to remit the required annual franchise fee by the due date will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. A FRANCHISEE that perfoxuus ONLY Commercial Solid Waste Services and a FRANCHISEE that performs BOTH Commercial Solid Waste Services AND Specialized Waste Handling• Services will be subject to this annual fee. This fee does NOT apply to a FRANCHISEE that performs ONLY Specialized Waste Handling Services. See Section 22-50 (b) of the City Code, as amended. The CITY may, from time to time, adjust this fee by amending § 22-50 of the City Code, FRANCHISEE acknowledges it shall be obliged to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute an addendum or amendment affirming the foregoing. 5.4 FRANCHISEE agrees to remit the $10,500.00 annual franchise fee by October 1st, as noted ha paragraph 5.3 above, FRANCHISEE further agrees on each anniversary (October 1) throughout the terns of the AGREEMENT, to increase said fee by $500,00. For example; commencing October 1, 2016, the annual fee due to the City will be $11,000.00, and so forth throughout the AGREEMENT term, 5.5 FRANCHISEE agrees to remit to the City annually a Permit Per Account Fee in the amount of seventy-five ($75.00) (due October 1st) for each account effective October 1st of every new fiscal year to those accounts booked as of October 1st of every new fiscal year with whom they contract for the provision of commercial solid waste services. See Section 22- 50 (a) of the City Code, as amended. In addition, for each new commercial account and new roll -off box or container acquired after October 1, the FRANCHISEE agrees to remit the fee due for the month that the account was acquired in (See Sec.22w50 City Code) including $75,0.0 for each roll -off box or container placed in the City at any time during the contract year. The remittance must be to the Finance Department by the end of the following month. The FRANCHISEE may only pass on an amount not to exceed thirty- eight ($38.00) of said permit per account feeto each contracted customer, Said permit per account fee shall not be transferable. Effective October 1, 2015 the annual period will begin October 1st and end September 30th. All late payments of this fee will cause the FRANCHISEE a one and one half percent (1,5%) penalty per month on the balance due. 5.6 Annual Specialized Waste Handling Fee; FRANCHISEE agrees to remit to the City annually (due October 1st) the sum of $6,500.00 for the right to provide ONLY Specialized Waste Handling Services within the City limits. It should be noted, if a FRANCHISEE is providing ONLY Specialized Waste Handling Services within the. City, the annual franchise fee will increase by $500,00 per year. For example; commencing October 1, 2015,.th.e annual franchise fee for Specialized Waste Handling Services due the City will be ,$6,500.00, and so forth throughout the AGREEMENT term. All late payments of this 11 City ofMlamt, Florida Commercial Solid Waste Rattling Services RFQ 495344 fee will cause the FRANCHISEE a one and one half percent (1,5%0) penalty per month on the balance dues This fee does not allow the FRANCHISEE to perform Commercial Solid Waste (Garbage) Services within the City limits. This fee applies to a FRANCHISEE that ONLY performs Specialized Waste Handling Services within the City limits. See Section 22-50 (e).ofthe City Code, as amended. 5.7 Safety Inspection Fee: FRANCHISEE agrees to pay the City an annual $.500.00 per vehicle safety inspection fee if a vehicle or equipment operating in the City is found to be defective, potentially unsafe or requires inspection by city staff to ensure -that the Franchisee operated vehicle is safe to operate. This is a regulatory fee as referenced in Section 166,221, Florida Statutes. This fee is for the municipal inspection of the vehicles being used by FRANCHISEE within the City. The inspection of each vehicle will occur at the City of Miami Solid Waste Department. Vehicles that are used by FRANCHISEE to operate within the City boundaries are subject to the safety inspection and its accompanying fee. The vehicles will include, but are not limited to, roll -offs, grapple trucks, front and rear end loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the FRANCHISEE. ARTICLE VI AUDIT AND INSPECTION RIGHTS 6.1 At reasonable times, and for a period of up to five (5) years following the date of final payment by the FRANCHISEE to CITY under the terms of this AGREEMENT, the CITY may audit, or cause to be audited, those books and records of FRANCHISEE which are related to FRANCHISEE'S performance. FRANCHISEE agrees to maintain all such books and records at its principal place of business for a periodof five (5) years after final payment is made, in accordance with the terms of this AGREEMENT. For Example; franchise fees are due on October 31, 2015 for cash received in September 2015, The final payment made under the AGREEMENT is due October 31, 2020. The audit term includes the full term of the AGREEMENT, as well as the effective five (5) year term that follows. Thus, wider the terms of the AGREEMENT, an audit may commence through October 31, 2025. Auditee is required to pay all monies due as a result of such audits. Note: • If the three additional one (1) year options to renew are exercised, this timeframie changes accordingly). 6.1.1 The City shall have the following inspection and audit rights as provided in § 18-101 and §. 18-102 of the City Code: i 18.101 - Inspections. (a) Solicitations end 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, atter award, to the terns and conditions of the contract. Such inspections and tests shall be performed in accordance with the terms and conditions of the solicitation and contract. 12 City ofMiarnl, Florida Commercial Solid Waste Hauling Services RFQ 195344 i (b) Procedures for tests and inspections, (1) The chief procurement officer may specify general operational procedures governing the test and Inspection of all goods or services, sales or leases being performed under city contract by city departments, offices and individual purchasing agents. (2) The chief procurement officer shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment, contractual services or performance under lease agreements to determine conformance with the terms and conditions upon which the order or contract was based. Any purchasing agent or department may be authorized by the chief procurement officer to inspect 'deliveries or contract performance in the manner stipulated with the approval of the city manager. (3) The chief procurement officer may prescribe chemical, physical and other performance tests for goods or services, Including samples submitted with bidsor 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 possibie, inspections and tests shall be performed so as not to unduly delay or inconvenience the contractual parties. Contractual parties shall make available et no charge to the city all reasonable facilities and assistance, in order to facilitate the performance of inspections or tests by city representative. (Ord. No. 12271, § 2, 8-22-02) Sec.18402 - Audits. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect the books and records of contractual parties to determine conformance with the solicitation requirements contained in the invitation for bids or request for proposals or, after award, with the terms and conditions of the contract. (b) Procedures for audits, (1) The chief procurement officer may specify the general procedures for inspection of books and records and for the conduct of audits of all goods or services, sales or leases under city contracts. (2) An audit may be required when, in respect to an actual or prospective contractual party, there is; a. A question as to the adequacy of accounting policies or cost systems; b. A substantial change in the methods or levels of operations; 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. (Orel No.12271, § 2, 8-22-02) ra:.•.._.._._.,_}_s:xcs-<; r,:x';x:'. :fs,,..,.,. _, .,., .. ,.., --,:.. ;. a......:,-- .-¢:,a,._,.a.;�c._..,.,... r,. „);; 6.2 The CITY, or its agents, may, at reasonable times during the term hereof, inspect FRANCHISEE'S facilities and perform such tests, as the CITY deems reasonably necessary, to determine whether the goods or services required to be provided by FRANCHISEE under this AGREEMENT conform to the terms hereof FRANCHISEE shall make available to the CITY reasonable facilities and render assistance to facilitate the performance of all tests and/or inspections by CITY representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18. 99, 18-100, 18-101 and 18-102, of the City Code, as same may be amended or supplemented, from time to time. FRANCHISEE also agrees to allow City auditors, during regular business hours •and after reasonable notice, to audit, inspect and examine the FRANCHISEE'S financial records (as they relate to City of Miami revenue) including all 13. CV ell/Bard, Florida Commercial Solid Waste Hauling Services RFQ 495344 fiscal books and records, sales tax returns, bank statements, general ledger (vouching City of Miami revenue to the G/L), contract/agreement between FRANCHISEE and customer and any other financial information deemed necessary, insofar as they relate to City accounts, as well as, the FRANCHISEE'S entire customer base, in order to confirm the FRANCHISEE'S compliance with the AGREEMENT. FRANCHISEE 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 anaudit from whatever applicable revenue stream during the AGREEMENT term. In addition, if a City Audit reveals that FRANCHISEE under reported gross receipts, and results in additional revenue due the City in the amount of $20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay for the cost of said Audit. Upon audit notification, FRANCHISEE agrees to deliver all financial information and books and records to within the City limits, if said information is maintained outside the City boundaries. All financial information and books and records shall be provided to CITY audit staff in a data medium and format specified by the Auditor General. Data medium includes electronic media such as CD and DVD, flash drives, and email attachments. Appropriate data format requires data be provided in unlocked Excel spreadsheet format. 6.3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial related source docuinents when deemed necessary, to substantiate an audit finding. Also, any FRANCHISEE requesting credit or refund for Franchise Fees paid to the CITY in error will be required to pay for the auditing hours necessary to verify the claim. ARTICLE VII INSURANCE AND BONDS 7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public liability policy in the minimum amount of $1,000,000; automobile liability insurance policy covering FRANCHISEE'S operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. FRANCHISEE'S certificate shall also include workers' compensation coverage. The City shall be listed as an additional insured for liability. Refer to Attachment D, Insurance Requirements. 7.2 FRANCHISEE 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 ofFlorida. The amount of the bond for the first year of the AGREEMENT shall be no less than $25,000.00, as security for the faithful performance of the AGREEMENT. The amount of the bond for the second year throughout the term of the AGREEMENT including renewals and extensions thereof, shall be equal to the FRANCHISEE'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 $25,000, whichever is greater. 14 City of Miami, .Florida Commercial Solid Waste HaidingServices .RFQ 495344 The surety shall have a rating classification of "A-" and a financial categoxy of Class V as evaluated in the current Best's Key Rating Guide, Property Liability. In lieu of a Performance Bond, the FRANCHISEE may submit an irrevocable letter of credit, cash, certified check, treasurer's or cashier's check issued by a responsible bank or trust company payable to the CITY of Miami. The Performance Bond shall be submitted to the Purchasing Department no later than ten (10) business days after approval of the AGREEMENT by the City Commission and prior to the execution of the AGREEMENT. See Section 22-47 (4) (b) of the City Code, as amended, ARTICLE VIII I ERM 8,1 The term of the AGREEMENT shall be for a period of five (5) years with three (3) one (1) year options to renew, The AGREEMENT shall commence October 1, 2015, and shall terminate on September 30, 2020, with the three (3) one (1) year option periods through September 30, 2023, The AGREEMENT shall become effective upon execution by the parties hereto. See Section. 22-57 (b) of the City Code,, as amended. 8.2 The option to renew the AGREEMENT for the additional three (3) one (1) year periods will be at the sole discretion of the City. Various criteria will be established prior to each renewal period. During the review process for renewal, the established criteria will be used in order to ascertain how well each FRANCHISEE performed since the inception of the October 1, 2015, AGREEMENT. It should be noted that any FRANCHISEE that is not renewed for any of the option periods, will not be allowed to operate within the City limits. ARTICLE IX DEFAULT 9.1 If FRANCHISEE fails to comply with any tenu or condition of this AGREEMENT, or fails to perform any of its obligations hereunder, then FRANCHISEE shall be in default. Upon the occurrence of a default hereunder, the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to FRANCHISEE, terminate this AGREEMENT. This FRANCHISEE understands and agrees that termination of this AGREEMENT under this section shall not release FRANCHISEE from any obligation accruing prior to the effective date of termination. Should FRANCHISEE be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, FRANCHISEE shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this AGREEMENT, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. See Section 22-58 (e) of the City Code, as amended, 15 City of Miami, Florida Commercial Solid Waste Hazding Services 1F'Q 495344 9.2 If a default status is not cured and the AGREEMENT is terminated, the City has the right to seize the Franchise and transfer it to a third party. 9.3 Except as set forth. in 9.2, once this AGREEMENT is terminated, the FRANCHISEE will have no authority to provide Solid Waste collection services in the CITY, ARTICLE X RIGHT TO TERMINATE AND/OR TRANSFER AGREEMENT 10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole discretion, at any time after the CITY gives written notice to the FRANCHISEE of a default of any of the provisions in this AGREEMENT and the FRANCHISEE fails to correct the default or cease the conduct as set forth in the written notice, within. fourteen (14) working days of the receipt by the FRANCHISEE of said notice from the CITY. See Section 22-58 of the City Code, as amended 10.2 If the FRANCHISEE is in default and owes sums to the City, fourteen (14) days after notice of default has been sent to FRANCHISEE, the City will have the option of transferring the rights under that FRANCHISEE'S AGREEMENT to a third party. That right to transfer the rights under that FRANCHISEE'S AGREEMENT may be exercised at any time after the termination of the FRANCHISEE and no intent to later transfer those rights need be expressed in any notice or other communication with FRANCHISEE. 10.3 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the City Manager in accordance with the same time period as set forth in Section. 22-49 of the City Code. Said request for appeal must be in writing. 10.4 All complaints receivedby the CITY shall be resolved by the FRANCHISEE within. twenty four (40) hours, after notification by the CITY to the FRANCHISEE of said complaint, The FRANCHISEE agrees to make all reasonable and expeditious efforts to resolve every complaint. The FRANCHISEE shall perform every reasonable act to provide a level of high quality service which will minimize complaints. 10,5 It is expressly agreed .that inno event shall. the C1TY be liable or responsible to the FRANCHISEE or its customers for any delay or temporary interruption in service because of disputes between the parties or any cause over which the CITY has no control. In the event of any condition which makes performance of contracts entered into under the terms and conditions of this AGREEMENT impossible, FRANCHISEE agrees that the CITY shall have the right to invite, notify, and qualify other Prospective Proposers of the opportunity to provide collection and disposal services. ARTICLE XI NOTICES 16 City of Miami, Florida Commercial Solid Waste limiting Services RFQ 495344 Whenever either party desires to give notice unto the other, it must be given by written notice, sent certified U.S. Mail, with return receipt requested, addressed to theparty for whom it is intended, at the place last speoifled and the place for giving of notice in compliance with the provisions of this paragraph, 11.2 For the present, the parties designate the following as the respective places for giving of notice, to -wit: CITY of MIAMI c/o City Manager 3500 Pan American Drive Miami., Florida, 33133 FRANCHISEE Copy To: City of Miami Director, Department of Solid Waste Director's Office 1290 NW 20s' Street Miami, FL 33142 ARTICLE XII INDEMNIFICATION 12.1 FRANCHISEE shall indemnify, defend and hold harmless the CITY and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (1) the performance or non-performance of the services contemplated by this AGREEMENT which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence .(whether active or passive) of FRANCHISEE or its employees, agents or subcontractors (collectively referred to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indernnitees, or any of them or (ii) the failure of the FRANCHISEE to comply with any of the paragraphs herein or the failure of the FRANCHISEE to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, Federal or State, in connection with the performance of this AGREEMENT. FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may, be asserted by an employee or former employee of FRANCHISEE, or .any of its subcontractors, as provided above, for which the FRANCHISEE'S liability to such employee or former employee would otherwise be limited to payments under State Workers' Compensation or similar laws. 17 City ofMiami, Florida Commercial Solid Waste Hornig Services RFQ 495344 ARTICLE XIII ASSIGNABILITY 13.1 There is no right to assign. this AGREEMENT. The City Commission may allow an assignment if it is deemed in the best interests of the City of Miami ("CITY") to do so. Under no circumstances may the City Commission consider assignment of a Franchise as long as the FRANCHISEE has any outstanding balance to the CITY or is otherwise not in complete compliance with the AGREEMENT. If the FRANCHISEE is up to date with all payments to the CITY and is otherwise fully in compliance with the AGREEMENT, then a FRANCHISEE may request consideration for assignment only as follows; by Certified letter to the Director of the Department of Solid Waste with reports enclosed reflecting all payments due to the CITY have been paid through the date of the letter. For the purposes of this paragraph, "assignment" shall include any transfer of a majority of stock in a FRANCHISEE or any significant change in ownership or control of the FRANCHISEE, its officers, directors or personnel. The Director of the Department of Solid Waste must be notified of any sale of a majority of stock in the FRANCHISEE and any significant changes in the ownership of the FRANCHISEE, its officers, directors or personnel by Certified letter no later than five (5) business days after such action. If assignment is granted, the new FRANCHISEE will assume all obligations set forth in the AGREEMENT and immediately comply with all terms of the AGREEMENT. If the CITY approves assignment of this AGREEMENT, it may be conditioned on the proposed assignee demonstrating fiscal solvency, reliability, and responsibility. Prior to considerationof approval by the CITY, the proposed assignee must execute an Assignment/Assumption AGREEMENT whereby they comply with every condition of the prior Franchise. Agreement and this AGREEMENT must be approved as to form and correctness by the City Attorney. 13.2 This AGREEMENT shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. ARTICLE XIV COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS: 14.1. FRANCHISEE understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to FRANCHISEE'S operations and services, public records, conflict of interest, record keeping, etc. FRANCHISEE agrees to comply with and observe all applicable Federal, State, County and City laws, rules, regulations, Codes and Ordinances, as applicable to FRANCHISEE and its operations and services, as they may be amended from time to time. ARTICLE XV NONDISCRIMINATION 15.1 FRANCHISEE represents and warrants to the CITY that FRANCHISEE does not and will not engage in discriminatory practices and that there shall be no discrimination in 18 City of%Ilami, Florida Commercial Solid Waste Hauling Services In 49.344 connection with FRANCHISEE'S performance under this AGREEMENT on account of race, color, sex, religion, age, handicap, marital status or national origin. FRANCHISEE further covenants that no otherwise qualified individual shall, solely by reason of his/her raoe, color, sex religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this AGREEMENT. ARTICLE XVI INDEPENDENT CONTRACTOR 16.1 FRANCHISEE is being engaged as an independent contractor, and not as an agent or employee of the CITY. Accordingly, FRANCHISEE shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the CITY, nor any rights .generally afforded classified or unclassified employees. FRANCHISEE further understands that Florida Workers' Compensation benefits available to employees of the CITY are not available to FRANCHISEE, and agrees to provide workers' compensation insurance for any employeeor agent of FRANCHISEE, ARTICLE XVII GOVERNING LAW., VENUE; CIVIL ACTIONS 17.1 This AGREEMENT shall be governed by the laws, regulations, Codes and Ordinances of the Federal Government, State of Florida, Miami -Dade County and the City of Miami. This AGREEMENT shall be construed and interpreted under the laws of the State of Florida. 17.2 Venue in any claims, actions or proceedings between the parties shall be in Miami -Dade County, Florida. 1'7.3 In order to expeditiously handle any claims, actions or proceedings between the parties under this AGREEMENT each party voluntarily and knowingly: (I) waives their right to demand a jury trial; (ii) waives their right to file a permissive counterclaim; (iii) agrees to bear their own attorney's fees. ARTICLE XVIII SEVERABILITY 18,1 Should any section of this AGREEMENT, or any part thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof. ARTICLE XIX ENTIRE AGREEMENT 19 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 19,1 This instrument and its attachments constitute the sole and only AGREEMENT of the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date, Any prior Agreements, promises,. negotiations, or representations not expressly set forth in this AGREEMENT are of no force or effect. 19.2 It is further understood that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, 19.3 Notwithstanding the aforementioned, the CITY reserves the right, from time to time, to levy other reasonable business, professional, and occupational regulatory fees, pursuant to Florida Statutes § 166.221. 19.4 The City of Miami's Department of Solid Waste, may request such other reasonable supporting financial documents, as reasonably needed, to evaluate the gross receipts of the FRANCHISEE, for accounts subject to this Franchise Agreement. ARTICLE XX APPROVAL OF THIS AGREEMENT 20.1 Execution of this AGREEMENT' by the City Manager, City Attorney, City Clerk, Risk Management Administrator and FRANCHISEE, shall constitute evidence of its approval. ARTICLE XXI ADDITIONAL QUALIFIED PROPOSERS 21.1 In addition, Qualified Proposer(s) agree that the CITY has the right to add additional qualified proposers, (in the event any of the Franchises are cancelled, terminated, or the FRANCHISEES otherwise cease to do business or provide adequate service within the CITY), who meet all requirements of applicable laws, codes, rules and regulations and will execute •CITY furnished Agreements, to provide collection and disposal services, as determined necessary by the CITY, through the duration of the contract in order to insure availability and expediency of services, Each proposer who seeks to be added to the Commercial Solid Waste Hauling Services contract shall be evaluated, consistent with the requirements of this RFQ, to determine qualifications, ARTICLE XXII PUBLIC RECORDS. City of Miami, Florida Commercial Solid Waste xlauling,Services RFQ 495344 22.1 FRANCHISEE understands that thepublic shall have access, at all reasonabletimes, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, including without limitation. Florida Statute § 119,0701, and agrees to allow access by the CITY and the public to all documents subject to disclosure under applicable laws. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this AGREEMENT by the CITY. 22.2 FANCHISEE shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1). keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the City in a format compatible with the City's information technology systems, 22.3 Should FRANCHISEE determine to dispute any public access provision required by Florida Statutes, then FRANCHISEE shall do so at its own expense and at no cost to the CITY. ARTICLE XXIII TERMINATION 23.1 The CITY reserves unto itself the power to revoke all franchises granted pursuant to Chapter 22 of the City Municipal Code, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of property, contract, or other right of FRANCHISEE, it being the express intention to reserve unto the CITY, the power in its sole discretion, to alter the methods of solid waste collection employed in the CITY, and the manner in which to provide for solid waste services delivered within the CITY, 2i City of Miami, Florida Commercial Solid Waste Hauling Services RPFQ 495344 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "CITY" CITY. OF MIAMI, a municipal ATTEST: corporation By: Todd Hannon, City Clerk Daniel J. Alfonso, City Manager ATTEST: Print Name: Title: Secretary "FRANCHISEE" a Corporation/LLC/ Ltd. Partnership (as applicable) By: Print Name: 1Tit1e: APPROVEDAS TO FORM .AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mondez Ann -Marie Sharpe City Attorney Director, Rislc Management A company resolution indicating the signatory is authorized to sign for and bind the Franchisee, is required, 22 ANNIE PEREZ, CPPO DANIELJ, ALFONSO Procurement Director City Manager ADDENDUM NO, 2 DATE: May 11, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. Please find attached the attendance sheet for the Pre -proposal Conference for the subject solicitation. B. The following are the inquiries received and the corresponding responses: 1. Does the Cone of Silence apply to this Solicitation? Answer: Yes. Please refer to Section 18-74 of the City Code for the applicability and the exceptions. See attached. 2. is it a requirement for a Proposer to submit a Performance Bond or a commitment fetter for the Performance Bond with the proposal? Answer: No. Pursuant to Section 2.16, the Performance Bond shall be submitted to the Procurement Department within ten business days after receipt of Notice of Award and prior to the final execution of the Agreement by the City. During the term of the contract, including renewal and extension periods, the Performance Bond shall be submitted annually, prior to the anniversary date of the contract. Alf other information remains the same. APPROVED: 61)11 Annie Peth , CPPO, Director of Procurement Date AP:Io c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario Nunez, Director, Department of Solid Waste Completing this attendance sheet is optional. ATTENDANCE SHEET RFP/RFQ NUMBER: RFQ 495344 - Commercial- Waste Haulers LOCATION: MRC, 111 SW 2nd Avenue, 6th Floor Large Conference Room PURPOSE: Pre -Proposal Conference DATE: il-May-15 MRC 414 SW 2nd Avenue Loshomemlamictov_com ) Page of ATTENDANCE SHEET RFP'RFQ NUMBER: RFC) 495344 - Commercial Waste Haulers LOCATION: MRC, 'I111- SW 2nd Avenue, 6th Floor Large Conference Room PURPOSE: Pre -Proposal Conference DATE: 11-May-15 Completing this attendance sheet is optional. , :.-:= Zyd - C4h zle City Of Miami MRC 444 SW 2nd Avenue (305) 416--1907 LosbomeCcr�iniamigov.com e9-4et/ '-,1--z- j1. r , 4'f 31-101 AU 716 s-7,. 01-17 23i64 ( j q26-- fQ9 r z4 4 Q PZern,cew Gra n4- E f h P.`o. cKs-s" rve zs-co s, ', ileS, f ril ( )3 qqo 9smf- gs*afeexatfr r P 3 374 7316 3.36-715TP r ;t fa v s-o(1 S Pf7 f ICvc t Cs 6.2-5 S/Agf'4"4tfJ-eLs4E17 y (3 'F S?"l - Y2r/' f i ,z vz--;Aiv' z_ 5 sacra 1-:. 1 t.... .1 - f� (C'\z L Or .k_Q-E_Cr ri Lt ,0( & 3c 3C )6; ids � 1. A ram- 0 , 4 '.'0i r; E 9 4- . -0 3.31-1-7 (? '9;28'"3 c1, 6,4 a,, )CQ ,; 1( ) ( ) ,( ) ( ) ( ) • • ( ) ( ) ( ) ( ) Page of Miami, FL Code of Ordinances Page 7 of 47 Signature means a manual or electronic Identifier, or the electronic result of an authentication technique attached to or logically. associated with a record that is intended bythe person using it to have the same -force and effect as a manual signature. Sole source means the only existing source of the item or service which meets the needs of the using agency, city department; office, board, city commission, or trust, as determined by a reasonably thorough analysis of the marketplace. Specifications means a concise statement of a set of requirements to be satisfied by a product, material, or process used in an invitation for bids, invftation to bid, or request or invitation for quotation to describe the goods, equipment, and/or contractual services to be purchased or otherwise acquired. Surplus personal property means surplus, obsolete or scrap supplies or equipment. "Surplus supplies or equipment" means those which are capable of being used but are in excess of the normal operating requirements of the city. "Obsolete supplies or equipment" means those which may no longer be used for their intended purposes because their use has become economically upgraded. "Scrap supplies or equipment" are those that can no longer be used either safely or economically for any purpose except for their possible salvage value. Using agency means any city entity which requests and uses goods, equipment and/or services procured pursuant to this article. (Ord. No. 12271, .§ 2, 8-22-02; Ord. No. 12354, § 1, 4-10-03; Ord. No. 13380, § 2, 5-9-13) Sec. 18-74, - Cone of silence. (a) The requirements of subsection 2-11.1(t) ("Cone of Silence Ordinances") of the Code of Miami - Dade County, Florida, as amended, shall not be applicable to the city. (b) Cone of silence. 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,$200,000.00; provided, however, that the cone of silence shall not be applicable to the city attorney's office nor to the office of the independent auditor general. (c) "Cone of silence" is defined to mean a prohibition on: (1). Any communication regarding a particular request for proposals ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), invitation for bids ("IFB") or any other advertised solicitation between a potential proposer, offeror,.respondent, bidder, lobbyist, or consultant and the city's professional staff including, .but not Limited to, the city manager and his or her staff; (2) Any communication regarding a particular RFP, RI=Q, RFLi, IFB or any other advertised solicitation between the mayor, city commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff; (3) Any communication regarding a particular RFP, RFQ, RFLJ, iFi3 or any other advertised solicitation between a potential proposer, offeror, respondent, bidder., lobbyist, or consultant and any member of the selection/evaluation committee therefor; (4) about;blatik • 5/5/2015 Miami., FL Code of Ordinances Page 8 of 47 Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between the mayor, city commissioners or their respective staffs and any member of the selection/evaluation committee therefor; and (5) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist, or consultant and the mayor, city commissioners, and their respective staffs; and (6) Any communication regarding a particular RFP, RFQ, RFLi, IFB or any other advertised solicitation between any member of the city's professional staff, including but not limited to the city manager and his or her staff, and any member of the selection/evaluation committee therefor. The city manager and the chairperson of the selection/evaluation committee may communicate about a particular selection/evaluation committee's recommendation but only after the committee has submitted its written recommendation to the city manager and provided that should any change occur in the committee recornmendation, the content of the communication and of the corresponding change shall be described In writing and filed by the City rnahagdr Withthe city Clerk 'ah be irid!Ided in ariy recomm ncfafi'ion merrioraridum — submitted by the city manager to the city commission. Notwithstanding the foregoing, the Cone of Silence shall not apply to: a. Competitive processes for the award of CDBG, HOME, SHIP, HOPWA, and ESG (emergency shelter grants), Funds issued and administered by the city department of community development, and Law Enforcement Trust Fund (LETF) grants administered by the city police department; b. Communications between a potential proposer, offeror, respondent, bidder, consultant or lobbyist and city purchasing staff regarding minority/women business and local vendor outreach programs; c. Duly noticed pre-bid/proposal conferences and site inspections; d. Duly noticed site visits to determine the competency of bidders/proposers regarding a particular solicitation during the time period between' the opening of bids/receipt of proposals and the time the city manager makes his or her written recommendation to the city commission; e. Emergency procurements; f. Communications with the city attorney and his or her staff; g. Communications regardinga particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist or consultant and the chief procurement officer, its staff, or any city purchasing agent, or its staff, responsible for administering the procurement process for such solicitation, prior to bid opening date or receipt of proposals, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation; h. Communications regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation between the chief procurement officer, its staff, or any city purchasing agent, or its staff responsible, for administering the procurement process for such solicitation and a member of the corresponding selection/evaluation committee, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation; Sole source procurements; about:WW'ank 5/5/2015 Miami, FL Code of Ordinances Page 9 of 47 j. Bid waivers; k. Oral presentations before selection/evaluation committees and communications occurring during duly noticed meetings of selection/evaluation committees; 1. Competitive negotiations; m. Public presentations made to the city commission and communications occurring during any duly noticed public meeting; n. Communications in writing or by email at anytime with any city employee, official, mayor, or member of the city commission unless specifically prohibited by the applicable RFP, RFQ, RFLi, IFB or other advertised solicitation. The city shall file a copy of any written communications with the city clerk; o. Communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI, IFB or any other advertised solicitation by the chief procurement officer or its staff; _..-..p.�._Contract-negot•i.ations.. -•-____-_.,---._,.___ q. On-line procurements pursuant to section 18-114 - --- r. The downtown development authority, the department of off-street parking, the Liberty City Community Revitalization Trust, the Civilian Investigative Panel, and the Miami Sports and Exhibition Authority. s. Any portion of meetings that are exempted by and held fully in accordance with the provisions of F.S. § 286.0113, (d) Procedure, (1) imposition. A one of silence shall be imposed upon each RFP, RFQ, RFLI, Ii=B or any other advertised solicitation when the solicitation is advertised in a newspaper of general circulation. At the tirne of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. Thecity manager or his or her designee shall issue a notice thereof to the affected department(s), the city clerk, each commissioner and to the mayor and shall include In any advertised solicitation a statement disclosing that the solicitation is subject to the cone of silence. (2) Termination. Except as otherwise provided herein, the cone of silence shall terminate at the time the city manager's approval of the award or the city manager's written recommendation to the city commission, as may be applicable, is received by the city clerk, or at such time that bids or proposals are rejected by the city commission or the city manager; provided, however, that if the city commission refers the recommendation back to the city manager for further review, the cone of silence shall be reimposed until such time as the city manager's subsequent written recommendation is received by the city clerk. (e) Penalties, Violation of the cone of silence by a particular bidder or proposer shall render the award to •sald bidder or proposer voidable by the city commission, Any person who violates a provision of this ordinance shall be prohibited from serving on a city competitive selection/evaluation committee unless such appointment is approved by a 4/5 vote of the city commission, A violation of this section bya particular bidder, proposer, offeror, respondent, lobbyist or consultant shall subject said bidder, proposer, offeror, respondent, lobbyist or consultant to potential debarment pursuant to this Code. In addition to any other penalty provided by law, violation of any provision of this article by a city about:blarnk 5/5/2015 Miami, FL Code of Ordinances Page 10 of 47 employee shall subject said employee to disciplinary action up to and including dismissal. (Ord, No. 12271, § 2, 8-22-02; Ord, No, 13439, § 2, 3-13-14) Sec. 18-75, - Organization, The purchasing department is the centralized organization for all procurement and contracting for goods, material, equipment, contractual services, professional and personal services and consultant services, public works or improvements and/or combination of goods and services; for performance of the city's purchasing functions, and for implementation of the provisions of this article. The chief procurement officer shall be the director of this department. (Ord. No. 12271, § 2, 8-22-02) Sec. 18.76, - Chief procurement officer. The city manager shall appoint a chief procurement officer who shall have authority over implementation of policies, procedures, regulations and farms governing city,contractiing_rnethods and procedures; types of contracts; qualifications and duties; inspections and audits; disputes and remedies; ethics; and public access and information as set forth in this article. (Ord. No. 12271, § 2, 8-22-02) Sec. 18-76.1. - Duties of the chief procurement officer. Subject to the provisions of this article, the chief procurement officer shall: (1) Administer the central purchasing and contracting system for the city, (2) Procure or supervise the procurement of all goods and services as needed by the city in the manner provided by this article. (3) Provide for the establishment/promulgation of administrative policies and procedures of purchasing, and its operations manual, which shall be reviewed by the city manager and amended from time to time; (4) Take all necessary action to further the objectives of the city with regard to the promotion and encouragement of minority and women business participation in the procurement process; (5) Be responsible for the provisions of the Anti -Deficiency Act contained in this article; (6) Determine the method of selection for each type of procurement; (7) Standardize, to the extent possible, contract clauses, terms and conditions, and documents;. (8) Maintain a current list of possible sources of supply for all goods and services purchased by the city; (9) Have the authority to delegate any or all duties to individual purchasing agents assigned to city departments or offices, subject to the approval of the city manager. (10) Have the authority to approve the use of a competitive contract for the purchase of necessary goods or services which has been secured by or on behalf of any federal, state, county, or municipal government, or by any other governmental entity or by any not for -profit organization or state -funded institution, bout:blank 5/5/20 1 5 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Procurement Director ADDENDUM NO. 3 City Manager DATE: May 18, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This Addendum becomes a part of the subject solicitation. A. The deadline for receipt of proposals for RFQ495344 has been extended to June 3, 2015, at 3:00 PM (local time), to allow for responses to questions received. B. The following are the inquiries received and the corresponding responses: 1. Section 2.12, Insurance, conflicts with the language in the Franchisee Agreement, Article VII, Insurance and Bonds, Section 7.1. Please clarify. Answer: The Insurance requirements in Section 2.12 of the Solicitation are the requirements for this solicitation. 2. Section 2.12, Insurance Requirements, Item VI, lists Pollution Liability as a requirement, if applicable. Please indicate if Pollution Liability is necessary for this Solicitation, as it is an expensive item, if not needed. Answer: Pollution Liability is a requirement for those Proposers who handle environmentaland or toxic waste materials. 3. Is wood included in the definition of organic waste? Answer: Yes. 4, Section 4.15(9) references "a future City waste conversion facility," that the City may require franchisees to utilize. in order to evaluate the costs and benefits of using this facility, as well as for pricing purposes, franchisees need to know the location of the facility, and that the tipping fee will not exceed MSW tipping fees in South Florida. Please provide the location of the facility, an 1 Commercial Waste Hauling Services RFQ495344 expected opening date, and tipping fees. If tipping fees cannot be determined at this time, please provide assurance that the tipping fees will not exceed the tipping fees for MSW in South Florida. Answer: The City is currently researching the possibility of adopting a waste -to -energy facility to handle organic waste (only) from both residential and commercial users. In order for the potential project to be successful the City might need commercial feedstock such as food waste and even fats, oil, and grease. Since the Solid Waste Department's own green waste would be one of the main feed stocks (up to 30,000 tons per year), it is also in the best interest of the Department that the chosen technology is competitive with the area tipping fees being charged to the Department. The Department is committed to have the permitted haulers involved in the process to make this a sustainable project. The scale and location of the project has not been determined at this time. The permitted haulers will be invited to future meetings as the Department is aware some haulers have had experience with waste -to -energy technologies outside Miami -Dade County. 5. Are materials collected from non-commercial properties subject to franchise fees? Answer: Yes. 6. Per Article IV, Obligations of Franchisee, Section 4.8, how does the Franchise fees apply to In -Kind services? Answer: There are no fees for in -kind services. 7. Can the City provide a map that reflects high density areas for hours of operation optimization? Answer: No. This is not within the scope of services, and does not preclude a Proposer from proposing on the solicitation. 8. Per Article V, Franchise fees, is the aging schedule, referenced in the third sentence, really required for 60 months? Answer: Yes. 9. In Article V, Franchise Fees, Section 5,7, Safety Inspection Fee, is the safety inspection fee applicable to all Franchisee's vehicles and or equipment? Answer: Pursuant to the referenced Article and Section, the safety inspection fee is applicable if a vehicle or equipment operating in the City is found to be defective, potentially unsafe or requires inspection by City staff to ensure that the Franchisee's operated vehicles are safe to operate. Refer to the Section for more information. 10. Does the Proposer have to complete and .attach the draft Agreement or just the Attestation of Qualifications? Answer: Please refer to Section 3.1, Submission Requirements.. 11. Please clarify how permit fees (Section 5.5) will be assessed on accounts started other than on October 1. Will there bea sliding scale based on the date the account was started? 2 Connnerdal Waste Hauling Services RFQ495344 Answer: The Permit Per Account Fee is $75.00 for all newly acquired accounts, regardless of the month in which the account is acquired. The sliding fee scale has been abolished as it was confusing to the Franchisee's, who agreed that a flat rate throughout the year was better. 12. Contamination is a concern with recycling, and particularly with "organics" (food waste) recycling. How will the City regulate commercial food waste generators and enforce requirements that these customers set out food waste separately (source separated) from all other materials and contaminants? Answer: Contamination has also been a concern to the Solid Waste Department. The Department is interested In hearing any proposals from haulers and recommends this issue be addressed in the Commercial Solid Waste Advisory Committee. 13. Article V, Franchise Fees, Section 5,2, underlined sentence states that: As payment of the franchise fee is assessed to the Franchisee, Franchisee may not write into its customer bills or invoice a charge labelled "City of Miami Franchise Fee", or any other language that serves to pass payment of Franchise Fees onto the customer. Since the City cannot dictate how the Franchisee invoices its customers, what is the legal basis for this statement? Answer: Franchisees have been using the language that this is a City of Miami Fee imposed on Franchisee's customers by the City. This is Incorrect, as the City does not levy fees on the Franchisee's customers. 14. Please confirm if the City will require a commercial solid waste franchise for firms engaged in businesses that are not typically franchised, but are listed in the definition of 'Gross Receipts," such as used cooking oil, vactor debris collection, etc. Answer: The Franchise Agreement for this solicitation only addresses all municipal solid waste activities other than single family homes and apartment units of three (3) or fewer units which are managed by the City of Miami Solid Waste Department. All other activities outside this Agreement need to refer to the City Code. 15. Section 4.2 lists minimum service levels for multi -family dwellings, but a literal reading would allow only one size of container for each category listed. In many cases, the listed container size is not feasible, such as an 8-cubic yard container in a location with a chute room or other restricted access area. Will the city add language that allows different sized containers (including compactors) that provide equivalent waste holding capacities to those listed in section 4.2? Answer: The size containers listed in this Section is in fact the requested service minimums. As long as the Franchisee provides service to accommodate the facility with equipment and service frequency adequate to accommodate the customer the requirements will be met. 16. Please confirm the City's intent to replace the word "provide" with "offer" or "offer to provide" in the last sentence in section 4.6. Answer: Article IV, Section 4.6, last sentence, has been replaced with the following sentence to change the word "provide" to "offer'. Failure of Franchisee to offer a recycling program shall cause a default in this Agreement pursuant to Article IX; failure to cure said default may result in termination of said Agreement pursuant to Article X. 3 Commercial Waste Hauling Services RFQ495344 17, Section 2.24 (B), Termination for Convenience, is not applicable to this type of Agreement, please remove, Answer: Per RFQ 495344 Section 2.24, Termination (for Convenience) is applicable because it reserves for the City Manager, on behalf of the City, the right to terminate the Agreement for convenience if the City determines termination is In its best interest. 18. Are recovered food waste products collected subject to franchise fees? Answer: Pursuant to Franchise Agreement, Section 4.1, "Franchisee shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological, and hazardous waste." 19. Why is the City considered to be a third party for all financial disputes with Franchisee's customers? Answer: Per the Request for Qualifications (RFQ) No, 495344 and its attached Franchise Agreement, the City is granting a non-exclusive Franchise for the provision of these commercial solid waste collection services within the City. Pursuant to Article IX (Default) of the Agreement, "If Franchisee fails to comply with any term or condition .of this Agreement, or fails to perform ,any of its obligations hereunder, then Franchisee shall be in default. Upon the occurrence of a default hereunder, the City, in addition to all remedies available to it by law., may immediately, upon written notice to Franchisee, terminate this Agreement." 20. Per Article IV, Obligations of Franchisee, Section 4,13, please clarify as the paragraph is too vague. Answer: The different franchise companies will be in competition with each other for business within the City and potential customers within the City will be seeking the best pricing. Additionally, the Illegal containers will be subject to confiscation, fines, etc. 21. Per Article VI, Audit and Inspection Rights, Section 6.3, why does the City require the right to copy any financial related source documents? Answer: Pursuant to City Code Section 18-100 (Right to Conduct Inspections and Audits), "The City may, at reasonable times, inspect that part of any contractual party's plant or place of business and audit those books and records which are related to the performance of any contract awarded or to be awarded by the city. Circumstances warranting suchinspections and audits shall include, but not be limited to, concern as to whether standards of responsibility specified in section 18-95 [Determination of Responsibility] have been, are being, or are capable of being met, and concern as to whether the contract is being performed in accordance with its terms and conditions," Per the referenced City Code Section 18-95 (Determination of Responsibility), "The prospective contractual party shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of 4 Commercial Waste Hauling Services RFQ495 44 responsibility may be made upon available information or the prospective contractual party may be found nonresponsible." 22, Please confirm if the City's franchise fee is applicable to revenues generated from the lease or sale of compactors and other equipment utilized solely for providing recycling of source separated "recovered materials" (as defined by the state) at commercial establishments. Answer: Per the Franchise Agreement, Section 2.2, the definition for "Franchise Fee" shall mean the monthly percentage of Gross Receipts remitted to the City by each Franchisee. Per the same section, "Gross Receipts" are inclusive of "all transactions and activities in the Franchisee's regular course of business and trade". 23. Attachment A, Item 1S (2), requests fingerprints from the applicant. If the applicant is the same applicant who submitted fingerprints for the contract that is currently in effect, will the City waive the requirement to obtain a new set offingerprints? Answer: Submission of fingerprints is required of all applicants responding to this solicitation. 24. It is a concern of my firm as a Proposer to submit a Social Security number along with the fingerprints in a public record. With the rise in identity theft and other related crimes, will the City allow Proposers to submit the prints without a Social Security number? Answer: Submission of fingerprints with the Social Security number is required of all applicants responding to this solicitation. Both the fingerprints and Social Security numbers are exempt from public records requests. All other Information remains the same. APPROVED: 5-\\r\ z, CPPO, Director of Procurement Date AP:Io c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste Pablo R. Velez, Assistant City Attorney 5 Commercial Waste Hauling Services RFQ495344 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Procurement Director ADDENDUM NOe 4 City Manager DATE: May 29, 2015 TO: ALL PROSPECTIVE PROPOSERS SUBJECT: SOLICITATION NO.: Request for Qualifications (RFQ) No. 495344 TITLE: Commercial Solid Waste Hauling Services This. Addendum becomes a part of the subject solicitation. A. The deadline for receipt of proposals for RFQ495344 has been extended to June 8, 2015, at 3:00 PM (local time), to allow for responses to questions received. B The following are the inquiries received and the corresponding responses: 1. Section 3.1, Specifications/Scope of Work, second paragraph, list "unacceptable waste", which includes Items such as acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc. Since in this type of contract the vendor will pick up items such as excavating materials, construction and demolition debris, roofing materials, wood, pipe, and steel, would the City be responsible for the pickup of the other "unacceptable materials"? Answer: The permitted hauler may provide any of the above services provided the generator and permitted hauler agree as explained in Section 3.1, Specifications/Scope of Work. The City will not pick up any of these "unacceptable materials". Hazardous materials are to be collected and disposed of according to State law. 2. Please confirm that the performance bond referenced in Section 2.15of the RFQ will be required to be $25,000.00 for the first year, irrespective of franchise fee obligations in past years. Answer: Pursuant to Section 2.15, Performance Bond Requirements, the amount of the bond for the first year of the contract shall be no less than $25, 000.00. The amount of the bond for the second 1 Commercial Waste Hauling Services RFQ495344 year and subsequent years shall be the greater of either the prior year's franchise fee obligation to the City or the amount of $25,000.00. 3. Pursuant to Article 11, Definitions, of the Franchise Agreement, under Gross Receipts, should permit fees be excluded from the franchise fees paid? Answer: Pursuant to the Agreement, Section 2.2, the definition for "Franchise Fee" shall mean the monthly percentage of Gross Receipts remitted to the City by each Franchisee. Per the same Section, "Gross Receipts" are inclusive of "administration fees." 4. Are recovered food waste products collected subject to franchise fees? Answer Per Franchise Agreement, Section 4.1, "Franchisee shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological and hazardous waste." 5. Please confirm if the City's franchise fee is applicable to revenues generated from the following services: a) Recycling of "recovered materials," as defined by the state, at multi -family rental properties, such as apartments, and b) Recycling of "recovered materials," as defined by the state., at multi -family condominiums. (For reference, the State includes the following six items that when source -separated and recycled, are included in the definition of "recovered materials": paper, plastic, rubber, textiles, glass, and metal.) Answer: Per Agreement Section 2.2, the "Franchise Fee" is determined by, a monthly percentage of gross receipts. Per this same section., "Gross Receipts" shall include "recycling (excluding recovered materials at commercial establishments as defined by §403.7046, Florida Statutes)" and shall not include "income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined." 6, Please confirm if the City's franchise fee is applicable to revenues generated from `organics" recycling services of food waste and/or materials other than paper, plastic, rubber, textiles, glass, and metal. Answer: Organic recycling services are applicable unless exempt by State law, Please also refer to response for Item 4 above. 7. a) Will the City allow firms that are NOT commercial solid franchisees to provide organics recycling services'? b) Will the City allow firms that are NOT commercial solid franchisees to provide compactor equipment sales and leasing? Answers: a) Unless exempt by State recycling laws or included on the recycling materials list, only permitted haulers are authorized to provide organics recycling services. Please note that gardeners and lawn service companies are not subject to this agreement. b) This question is outside the scope of this agreement. The City does not regulate sales or leasing of compactor equipment, therefore anyone in that business may operate openly without sanctions. 2 Commercial Waste Hauling Services . RFQ495344 S. Please confirm if the City's franchise fee is applicable to revenues generated from the lease or sale of compactors and other equipment utilized solely for providing recycling of source separated "recovered materials" (as defined by the state) at commercial•establishments. Answer: Pursuant to the Franchise Agreement, 'Section 2.2, the definition for "Franchise Fees" shall mean the monthly percentage of Gross Receipts remitted to the City by each franchisee, .Per the same section, "Gross Receipts" are Inclusive of "all transactions and activities in the franchisee's regular course of business and trade". 9. The new RFQ cites Ordinance 11837 as the basis for the agreement identified as Attachment B. The City also referenced that same ordinance in the existing franchise agreement. The City has substantially amended the language in the new RFQ documents, however, by deleting "exclusive of taxes and franchise fees" in Section 5.2 when specifying the basis for remitting franchise fees, and by adding language prohibiting franchisees from disclosing to their customers the amount or percentage of franchise fees that the City requires. Since these amendments are inconsistent with past actions and practices of the City and of the Franchisees (for many years,) and both amendments are clearly changes, and not simply clarifications, will they require a change in the ordinance, requiring two hearings before the City Commission? Answer: A new ordinance is being drafted to address changes needed in the contract to clear up ambiguities and/or omissions. Additionally, in spite of what may or may not have been "past actions and practices", "for many years", and 'clearly changes, and not simply clarifications", per RFQ General Terms and Conditions Section 1.10, the City has issued this solicitation to establish a new contract for said services, inclusive of all such requirements and "certain terms as are in the City's best interests". 10. Please provide the legal authority In support of Article V, Section 5.2, which reads as follows: ".....As payment of the franchise fee is assessed to the Franchisee, Franchisee may not write into the customer bills or invoices a charge labeled "City of Miami Franchise Fee," or any other language that serves to pass payment of Franchise Fee onto the customer..." Answer: Pursuant to RFQ 495344, Article XIV Compliance with Federal, State, and Local Laws, "Franchisee understands that agreements • between private entities and local governments are subject to certain laws and regulations, including laws pertaining to Franchisee's operations and services, public records, conflict of interest, record keeping, etc. Franchisee agrees to comply with and observe all applicable Federal, State, •County and City laws., rules, regulations, Codes and Ordinances, as applicable to Franchisee and its operations and services, as they may be amended from time to time." Additionally, and as was stated immediately above, per RFQ General Terms and Conditions Section 1.10, the City has issued this solicitation to establish a new contract for said services, inclusive of all such requirements and. "certain terms as are in the City's best interests". 11. Are Proposers required to provide a Certificate of Insurance (COI) with their submissions, or will the COI be required only after award and upon execution of the Franchise Agreement? Answer: COI Is not required with proposal submission. Selected Proposers will be notified upon award. 3 Commercial Waste Hauling Services RFQ495344 12. Pursuant to Section 2.24 (13), Termination for Convenience, the requests that this provision be deleted as this solicitation is not for a contract to expend funds and there are no appropriation issues. The only manner the City can terminate a Franchise Agreement is for a non -cure of a default or non- performance, not for convenience. Answer: Refer to Addendum No. 3, response to inquiry No. 17. 13. Is the Certification Statement and Certifications Section part of RFQ 495344, and if so, where can they be found? Answer: The Certification Statement and Certifications can be found in the Header Section of the Solicitation. Alt other information remains the same. APPROVED: Annie Perez, CPPO, Director of Procurement Date AP:lo c. Lydia Osborne, CPPO, Assistant Director of Procurement Mario F Nunez, Director, Department of Solid Waste Pablo R. Velez, Assistant City Attorney 4 Cointaereial Waste Hauling Services RFQ495344 ATTACHMENT B CITY OF MIAMI NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI AND THIS CITY OF MTAMI NONEXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT ("AGREEMENT"), made and entered into this day of October, 2015 by and between the City of Miami, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "CITY") and a corporation, qualified and authorized to do business in the State of Florida, (hereinafter referred to as "FRANCHISEE"). WITNESSETH: WHEREAS, on September 28, 1999, Ordinance No. 11837 was passed by the Miami City Commission which amended Chapter 22, entitled Garbage and Other Solid Waste, of the City Code to allow regulatory permits for providing non-exclusive Commercial Solid Waste Services with Commercial Franchises to qualified firms; and WHEREAS, the City Manager has determined that FRANCHISEE is qualified to serve in the aforesaid capacity in that it has met the specifications set forth in Request for Qualifications No. 495344 and applicable sections of the Code and Ordinances of the CITY; and WHEREAS, FRANCHISEE is desirous of obtaining a non. -exclusive Franchise from the CITY to provide Commercial Solid Waste Collection Services within the CITY as set forth herein; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and FRANCHISEE hereby agree to enter into this AGREEMENT for furnishing Commercial Solid Waste Collection Services within the CITY, as follows: ARTICLE I GENERAL INFORMATION 1.1 Each "WHEREAS" clause set forth above is true and correct and herein incorporated by this reference. 1 City of Miami, F'lorida Commercial Solid Waste Hauling Services RFQ 495344 1.2 The ATTESTATION OF QUALIFICATIONS and the remainder of FRANCHISEE'S RESPONSE in reply to the solicitation for Commercial Waste Hauling Services, submitted in response to RFQ NO. 495344 by FRANCHISEE is herein incorporated by this reference. • ARTICLE II DEFINITIONS 2.1 All Definitions set forth in the City of Miami City Code ("City Code"), Chapter 22, Section 22-1, entitled Definitions, as amended, entitled Garbage and Other Solid Waste and Chapter 22 in its entirety, are hereby incorporated by this reference. All references to Chapter 22, City Code, as amended, shall automatically incorporate by reference such modifications to Chapter 22, City Code, as are passed and adopted by the Miami City Commission from time to time, without the necessity of an amendment to this AGREEMENT, having to be entered into in any such instance. 2.2 As used in this AGREEMENT, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: Agreement shall mean this FRANCHISE AGREEMENT, as it may hereinafter be amended or supplemented. Agreement Collection Area shall include the entire CITY (except The Port of Miami), as the boundaries of the CITY shall exist at all times during the life of this AGREEMENT. Annual Franchise Fee shall mean the yearly fee charged by the CITY to each FRANCHISEE who operates within CITY limits and collects garbage and trash. See Section 22-50(b) of the City Code. Annual Specialized Waste Handling Fee shall mean the yearly fee chargedby the CITY to each. FRANCHISEE who operates within CITY limits and collects trash, excluding garbage. See Section 22-50(c) of the City Code. Biomedical Waste shall mean any solid or liquid waste which may present a threat of infection to humans, including non -liquid tissue, body parts, blood, blood products, and. body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease -causing agents; and discarded sharps. The following are also included: (a) used, absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminatedwith visible blood; and absorbent materials saturated with bloodor blood products that have dried; and (b) non -absorbent, disposable devices that have been contaminated with blood, body fluids or, secretions or excretions visibly contaminatedwith blood, but have not been treated by an approved method. 2 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 Biological Waste shall mean any solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. City Commission shall mean the local legislative body of the City of Miami. The City Commission is the body that approves City Franchises. Any transfers, assignments, amendments, conveyances, or delegations pursuant to this AGREEMENT shall only be made with the approval of the City Commission and in accordance with the terms in Article XIII of this AGREEMENT. City Manager shall mean the duly appointed chief administrative officer of the City of Miami. All actions of the CITY under this AGREEMENT that do not specify City Commission may be performed by the City Manager or the Director serving as the Manager's designee. Commercial Business shall mean and include all retail, professional, wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. This definition incorporates by reference the definition of"Commercial Establishment" set forth in § 15-1 of the Miami -Dade County Code. Commercial Hauler shall mean a licensed City of Miami FRANCHISEE that operates within CITY limits and provides certain services to Multi -Family and Commercial establishments including but not limited to the following; garbage, trash, recycling, roll - off, and specialized waste handling service, etc. Director shall mean the Director of the Department of Solid Waste. Franchise Fee shallmean the monthly percentage of Gross Receipts remitted to the City by each FRANCHISEE. See Section 22-56 and Section 22-50 of the City Code, as amended. By amending Section 22-56 and Section 22-50 of the City code, the franchise fee may be amended or adjusted, from time to time. FRANCHISEE acknowledges and agrees that the monthly percentage of gross receipts payable, as amended, or adjusted, will automatically apply to this AGREEMENT. FRANCHISEE also agrees that the City and FRANCHISEE will promptly execute an addendum or amendment recognizing the FRANCHISEE's obligation to pay such adjusted or amended fee as of the effective date of such amendment. If FRANCHISEE fails to pay the adjusted; franchise fee, or fails to comply with any addendum or amendment to this AGREEMENT, the FRANCHISEE shall be deemed in default of this AGREEMENT pursuant to Article IX. Should a default occur pursuant to Article IX, this AGREEMENT will be terminated pursuant to Article X. Gross Receipts shall mean all monies, whether paid by cash, check, debit or credit, collected from customers resulting from all transactions and activities in the FRANCHISEE'S regular course of business and trade including administration fees, garbage, industrial, solid waste, used cooking oil waste, sanitation, environmental charges and fees, containerized waste, environmental waste services (vactor), equipment rental and 3 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered materials at commercial establishments cis defined by §403.7046, Florida Statutes), or from any other source related directly or indirectly from waste collection services, including, without limitations, all income derived from leasing and renting of real or tangible personal property, the use of dump trucks, grappling trucks, roll -off trucks, trailers, roll -off s, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the FRANCHISEE, exclusive of taxes as provided by law, whether wholly or partially collected within the CITY, less bad debts. Gross Receipts shall not include income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined. Hazardous Waste shall mean any solid waste, or a combination of solid wastes, which, because of quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Multifamily Residence shall mean and include any building or structure containing four or more contiguous living units and intended exclusively for residential purposes. This definition incorporates by reference the definition of Multi -family residential establishment set forth in § 15-1, Miami -Dade County Code. Neighborhood Cleanups shall mean periodic intensive removal of litter, debris and other solid waste material from a designated area of the CITY, initiated or approved by the CITY, its NET offices and/or recognized community based organizations or associations including special event activities citywide. Organic Waste shall mean a type of waste material which can be broken down into its base compounds by micro-organisms and other living things, regardless of what those compounds may be, and can be commonly found in municipal solidwaste as green waste, food waste, paper waste, and biodegradable plastics. Permit Per Account Fee shall mean the charge assessed by the CITY beginning each October 1, for each account and roll -off that is acquired or maintained throughout the Fiscal Year by FRANCHISEE for the provision of commercial solid waste services. Recycling shall mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or retuned to use in the form of raw materials or products. Recyclable Material shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 4 City of Miami, .Florida Commercial Solid Waste Hauling Services .12FQ 495344 Safety Inspection Fee shall mean a regulatory fee as referenced in Section 166.221, Florida Statutes, which is a yearly remittance paid to the CITY by the FRANCHISEE for inspection of all vehicles that the commercial haulers will use to conduct business, of whatever source, within the City boundaries, Specialized Waste Handling Services shall mean the collection and disposal of solid waste that requires special handling and management, including, but not limited to white goods (Large electrical goods used domestically such as refrigerators, washing machines, etc.), waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and biomedical and biological waste. It should be noted that these are FRANCHISEES that are in the roll -off collection business and do not collect garbage. ARTICLE III GRANTEE 3.1 The CITY grants unto the FRANCHISEE the continued non-exclusive right and privilege, with related obligations, to provide commercial solid waste services in, under, upon, over and across the present and future streets, alleys, bridges, easements, public rights -of -way and other public places within the CITY boundaries, present and future, for contracted multifamily, commercial business, governmental, religious, educational, profit and non- profit agencies and/or property owners for solid waste collection and disposal services. 3.2 The CITY fiirther grants unto the FRANCHISEE the non-exclusive right and privilege, with related obligations, to provide solid waste collection and disposal services for construction, demolition and renovation sites located within the CITY on a contracted basis. ARTICLE IV OBLIGATIONS OF FRANCHISEE 4.1 FRANCHISEE shall be responsible for the collection and disposal of all Commercial Solid Waste and recyclable materials, excluding biomedical, biological, and hazardous waste. Extraordinary material, unacceptable waste (acid, batteries, auto parts, excavating materials, construction and demolition debris, roofing materials, wood, pipe, steel, gas tanks, etc.), dead animals, abandoned vehicles/boats and parts, large equipment and parts thereto will not be collected by FRANCHISEE unless specifically required by the generator (site whose processes and actions create the waste) and agreed to by the FRANCHISEE. 4.2 FRANCHISEE shall make collection with as little disturbance as possible. Refuse containers shall be thoroughly emptied and maintained in a clean manner. Any refuse spilled by the FRANCHISEE shall be picked up immediately by the FRANCHISEE. The removal of all refuse within 10 ft. of container will be the responsibility of the FRANCHISEE. The FRANCHISEE will be held responsible for keeping the 10 ft. radius 5 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 surrounding containers clean and free of waste and debris as long as container is on site. Service minimums for multi -family dwellings shall be as follows: ■ 1-4 Units — 2CY @ 2 x per week; ■ 5-8 Units - 3 CY @ 2 x per week or 2CY@ 3 x per week; d 9-12 Units - 4CY @ 2 x per week; ■ 13-16 Units 3 CY @ 5 x per week or 4CY @ 3 x per week; ■ 17-32 Units — 6 CY @ 3 x per week; • 33-48 Units — 8 CY @ 3 x per week; over 48 Units will require two 8 CY @ 5 x per week, with the City monitoring Solid Waste pickup activity. In case of insufficient service being noted, FRANCHISEE may be required to increase service. As per Section 22-2 (b) of the City Code, as amended, no customers are to be signed up for 1 x per week garbage collection service. 4.3 FRANCHISEE agrees that all containers shall be identified with its name and telephone number and be sufficient in quantity and size to contain material as indicated in the City Code. All containers serviced by FRANCHISEE shall be maintained in a clean and serviceable manner at all times. At no time shall any of FRANCHISEE'S containers be left on the public right-of-way. The City, at its discretion, may require an adjustment in the location, pick up schedule or the size of the container(s) if they become an unsightly nuisance, cause a civil violation to occur, pose a threat to the surrounding environment, threaten the health and/or safety of the City's population or become unsanitary and/or inoperable. Except as otherwise provided, all vehicles used in the collection and/or transportation of waste shall be equipped with a leak -proof body of metal. type. If a FRANCHISEE uses a specially designed, motorized local collection vehicle for transporting solid waste over short distances from residential or commercialstops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. If any pickup truck or open -bed truck is used by a FRANCHISEE, the loadshall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the CITY. All vehicles shall be properly licensed, registered, and equipped in compliance with the motor vehicles laws of the State of Florida. 4.4 FRANCHISEE shall be responsible for creating and maintaining schedules and routes, as well as, frequency of service within the limitations and under the provisions of the City Code. FRANCHISEE shall be responsible for providing notification of same to its customers immediately. 4.5 In cases of natural disasters, the City Manager may grant the FRANCHISEE reasonable variance from regular schedules and routes. As soon as a declaration of an emergency is issued by the Mayor, FRANCHISEE shall make reasonable efforts to secure its containers in order to prevent hazards and/or threats to public safety and health. As soon as practicable after such disaster, the FRANCHISEE shall advise the CITY and its customers of the estimated time required before regular schedules and routes can be resumed. 6 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 4.6 FRANCHISEE shall make its customers aware of Miami -Dade Cou nty's and City of Miami's mandatory Commercial and Multi -family recycling ordinance and shall make services available. FRANCHISEE shall submit to the Solid Waste Director an "Annual Recycling Plan" which will describe resources and funds being committed to program; an annual list of recycling accounts, quarterly reports describing recycling and diversion goals and accomplishments, and financial resources spent for that purpose, along with a list of non -recycling accounts. FRANCHISEE agrees to comply with Section 15 of the Miami - Dade County Code, entitled "Solid Waste Management", as amended. All Multi -Family and Commercial establishments are required to initiate a recycling program. The recycling program shall be serviced by a licensed City of Miami FRANCHISEE, or a State of Florida Certified Recyclables Dealer. Failure of FRANCHISEE to provide a recycling program shall cause a default in this AGREEMENT pursuant to Article IX; failure to cure said default may result in termination of said AGREEMENT pursuant to Article X. See Section 22-51 of the City Code, as amended. 4.7 FRANCHISEE agrees to recycle, collect and dispose of the solid waste at designated CITY buildings and properties, free of charge, pursuant to the City Code, as assigned by the Director of the Department of Solid Waste. In -kind service assignments, including recycling City facilities, will be made proportionate to FRANCHISEE'S percentage of total contracted commercial accounts in the CITY. See Section 22-1 of the City Code, as amended. 4.8 FRANCHISEE agrees to collect and dispose of waste generated at assigned Neighborhood Cleanups, and other locations within the CITY, as an in kind service in proportion to the FRANCHISEE'S percentage of the total franchise fees paid to the CITY. Such assignments are to be established by the Director of the Department of Solid Waste, who on any assignment which exceeds $500.00 in value, may require a Memorandum of Understanding ("MOU"), to be signed by the FRANCHISEE and the City Manager (or the Director), which sets forth a guaranteed maximum charge/stipulatedlump stun for such assignment. Such a charge will consist of either a monetary amount, or a percentage of the franchise fee agreedupon in the MOU. The CITY will only be liable to credit this offset from the franchise fee and the FRANCHISEE will have no other monetary recourse, claim or action against the City for any payment of the in kind service assignment under this S ection. 4.9 FRANCHISEE shall require that its employees wear clean uniforms or shirts bearing the FRANCHISEE'S name; that each driver shall, at all times, carry a valid Commercial Driver's License, for the type of vehicle being operated; that the CITY may request the removal of any employee of the FRANCHISEE from City service who exhibits wanton negligence, or is discourteous in the performance of his/her duties; and that no person shall be denied employment by the FRANCHISEE for reasons of race, sex, age, creed, national origin, or religion. 4.10 FRANCHISEE is required and hereby agrees by execution of this AGREEMENT to pay all employees not less than the Federal minimum wage and to abide by other requirements 7 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 as establishedby the Congress of the United States in the Fair Labor Standards Act, as amended and changed from time to time and to comply with all applicable laws relating to the employment of employees and the provision of commercial solid waste services. The FRANCHISEE shall have on hand at all times, in good working order, such equipment as shall petxnit the FRANCHISEE, adequately and efficiently, to perform its duties hereunder. FRANCHISEE shall, at all times, have available reserve equipment which can be put into service and operation within two hours of any bireakdown. 4.11 FRANCHISEE agrees to strictly adhere to the provisions of Section 22-46 an.d Section 22- 93, as amended, of the City Code, Chapter 22, which states that it shall be unlawful for any FRANCHISEE to provide service to any commercial property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m., and to strictly adhere to any other terms and provisions of this AGREEMENT as specified in the Notice of Violation, except and only as determined by the Director of the Department of Solid Waste. Each Fiscal Year (October 1, through September 30), the amounts assessed for non- compliance of this section will be as follows: 1st Non -Compliance: $ 300.00 2nd Non -Compliance: $ 500.00 3rd Non -Compliance: $1,000.00 Each Additional Non -Compliance: $1,000.00 For any other failure to comply with the terms of this AGREEMENT, the following amounts will be due as liquidated damages and not as a penalty, for violations of the AGREEMENT as specified in the Notice of Violation. First Violation: Second Violation: Third Violation: Each Additional Violation: $ 300.00 $ 500.00 $1,000.00 $1,000.00 These amounts are established for the failures by the FRANCHISEE to comply with this AGREEMENT. It is not the intention of the City to assess the entire amounts for minor failures to comply with the AGREEMENT unless they are of a recurring or continuing nature. The City reserves the right to assess twenty (20%) of the amounts set forth in this section for minor failures to comply with the AGREEMENT. The exact damages suffered by the City cannot be known or ascertained and these amounts represent liquidated damages due at the time of the violation. 4.12 FRANCHISEE is required, pursuant to Section 22-2 (b) of the City Code, as amended, to notify the Department of Solid Waste, at least seven business days prior, of accounts for which it will discontinue service and advise if said accounts are in arrears. Should any accounts be in arrears and. FRANCHISEE seeks remedy (court decisions, collection agencies, judgments, mediations, etc.) the CITY shall receive from the amount of proceeds collected, its applicable fees and be notified of any and all hearings and/or meetings so it 8 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 may participate. Also, upon resumed service, FRANCHISEE agrees to immediately notify the Department of Solid Waste. FRANCHISEE shall furnish such notification(s) as are provided in Section 22-2, of the City Code. 4.13 FRANCHISEE acknowledges that under this AGREEMENT, price controls will be primarily extracted through competition amongst the Franchise companies for existing and future accounts. FRANCHISEE further acknowledges that any increase in pricing by the FRANCHISEE could result in the customer seeking better pricing from another FRANCHISEE. If the CITY identifies an illegal container placed and operating within the City limits by a non -licensed Commercial Hauler who is providing Commercial Solid Waste Service without a Franchise from the CITY, the City will confiscate said container and assess charges for man-hours, equipment, disposal and administrative costs and fines. 4.14 ALL equipment utilized to collect and transport solid waste in the CITY must be conspicuously marked on both sides of the automotive unit with the name of the hauler, vehicle number, tare weight, and cubic yard capacity. Identification infoiination must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. 4.15 At least annually (October 1) and as determined by the Director of the Department of Solid Waste, each FRANCHISEE shall supply the following information on a flash drive, PDF file, compact disc, or other acceptable foiniat and in the manner prescribed by the Director of the Department of Solid Waste: (1) A listing, as of the reporting date, of the names and addresses of customers, and the addresses of each location served. (2) The number and capacity of each dumpster and compactor per account. (3) The list of accounts within the City of Miami for which hand collection of bags/cans is provided. (4) An accounts receivable aging report for each City of Miami customer. (5) A listing of City of Miami accounts that were charged off as bad debts. (6) A listing of the vehicles and equipment to be used in the City of Miami. (7) Literature provided to each customer describing the goals and objectives of the recycling programs offered by the FRANCHISEE and the obligations under the Dade County mandatory multi -family and business recycling code. All literature is to be provided in English, Spanish and Creole. (8) That the vendors in the area known as the "Produce Market" comprised of produce vendors, bounded on; the East by Northwest Ninth Avenue, on the North by Northwest Twenty -Third street, on the West by Northwest Twenty Second Avenue and on the South by Northwest Twentieth Street and the surrounding area, be provided with an Organics Recycling Program no later than October 1st, 2016 or utilize a facility as described in 4.15 (9). Such program shall use composting and/or any other environmentally accepted organics recycling program which diverts such material from any disposal site. 9 City of Miami, .Florida Commercial Solid Waste Hauling Services RFQ 495344 (9) An organic recycling work plan that includes the utilization of a future City waste conversion facility. A plan that uses (upon its' implementation) the waste conversion facility. Such facility will require organic waste as the primary feedstock to operate efficiently. Franchise haulers servicing the "Produce Market" and other customers who generate significant amounts of organic waste, such as grocery, produce, food waste and landscaping materials agree to cooperate with the Solid Waste Department in delivering valuable organic waste to the proposed City facility. The City will make every effort to set a tipping fee that will only recover the operational costs associated with running such facility. ARTICLE V FRANCHISE FEES 5.1 FRANCHISEE agrees to pay all applicable fees as contained and defined in Chapter 22 of the City Code, ARTICLE II -DEFINITIONS of the AGREEMENT and the terms of this AGREEMENT in its entirety, within specified time frames, as may be amended or adjusted from time to time by the enactment of City Code amendments as referenced in "Franchise Fees" in Article II of this AGREEMENT. 5.2 FRANCHISE FEE: FRANCHISEE agrees to remit monthly to the CITY, twenty-four percent (24%) of its Gross Receipts, generated from accounts within the City limits, or $500.00 per month, whichever is greater. Accompanying the remittance, FRANCHISEE must provide the CITY with a list of the customers' names, addresses, folio numbers, and total amount collected. FRANCHISEE agrees to maintain a second list which reflects an aging schedule of individual account charges which must be retained for a period of 60 months from the end of the AGREEMENT, and be made available at all times to CITY auditors. Twenty-four percent (24%) of the total amount collected should equal the remittance amount paid to the CITY. The remittance of the previous month's collection should be received by the CITY on or before the last day of each month. Failure to remit by the last day of the following month will cause the FRANCHISEE a one andone half percent (1.5%) penalty per month on the balance due. If payment is past due in excess of 60 days, the Department of Solid Waste will initiate its procedure to revoke the FRANCHISE and attach the Payment and Performance Bond for all monies due and owing the CITY, including costs. It should be noted, that the twenty-four percent (24% o) remitted monthly to the City, should be calculated on all monthly gross receipts, excluding receipts derived from biomedical, biological, and hazardous removal, as defined in the AGREEMENT, collected from the customers, exclusive of taxes. As payment of the franchise fee is assessed to the FRANCHISEE, FRANCHISEE may not write into its customer bills or invoices a charge labeled "City of Miami Franchise Fee," or any other language that serves to pass payment of Franchise Fees onto the customer. The gross percentage fee under this section does not apply to franchises engaged solely in biomedical, biological, and hazardous removal services. The CITY may, from time to time, adjust this fee by amending § 22-56 of the City Code. FRANCHISEE acknowledges it shall be obliged 10 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute anaddendum or amendment affirming the foregoing. 5.3 ANNUAL FRANCHISE FEE: FRANCHISEE agrees to remit to the CITY annually (due October 1) the sum of $10,500.00 for the right to be a FRANCHISEE for Commercial Solid Waste Services within the City; said fee shall increase annually by $500,00, Failure to remit the required annual franchise fee by the due date will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. A FRANCHISEE that performs ONLY Commercial Solid Waste Services and a FRANCHISEE that perfontns BOTH Commercial Solid Waste Services AND Specialized Waste Handling Services will be subject to this annual fee. This fee does NOT apply to a FRANCHISEE that performs ONLY Specialized Waste Handling Services. See Section 22-50 (b) of the City Code, as amended. The CITY may, from time to time, adjust this fee by amending § 22-50 of the City Code. FRANCHISEE acknowledges it shall be obliged to pay such fee as adjusted or amended as of the effective date of such legislation and will promptly execute an addendum or amendment affirming the foregoing. 5.4 FRANCHISEE agrees to remit the $10,500.00 annual franchise fee by October 1st, as noted in paragraph 5.3 above. FRANCHISEE further agrees on each anniversary (October 1) throughout the term of the AGREEMENT, to increase said fee by $500.00. For example; commencing October 1, 2016, the annual fee due to the City will be $11,000.00, and so forth throughout the AGREEMENT term. 5.5 FRANCHISEE agrees to remit to the City annually a Permit Per Account Fee in the amount of seventy-five ($75.00) (due October 1st) for each account effective October 1st of every new fiscal year to those accounts booked as of October 1st of every new fiscal year with whom they contract for the provision of commercial solid waste services. See Section 22- 50 (a) of the City Code, as amended, In addition, for each new commercial account and new roll -off box or container acquired after October 1, the FRANCHISEE agrees to remit the fee due for the month that the account was acquired in (See Sec.22-50 City Code) including $75.00 for each roll -off box or container placed in the City at any time during the contract year. The remittance must be to the Finance Department by the end of the following month. The FRANCHISEE may only pass on an amount not to exceed thirty- eight ($38.00) of said permit per account fee to each contracted customer. Said permit per account fee shall not be transferable. Effective October 1, 2015 the annual period will begin October 1st and end September 30th. All late payments of this fee will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. 5.6 Annual Specialized Waste Handling Fee: FRANCHISEE agrees to remit to the City annually (due October 1st) the sum of $6,500.00 for the right to provide ONLY Specialized Waste Handling Services within the City limits. It should be noted, if a FRANCHISEE is providing ONLY Specialized Waste Handling Services within the City, the annual franchise fee will increase by $500.00 per year. For example; commencing October 1, 2015, the annual franchise fee for Specialized Waste Handling Services due the City will be $6,500.00, and so forth throughout the AGREEMENT term. All late payments of this 11 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 fee will cause the FRANCHISEE a one and one half percent (1.5%) penalty per month on the balance due. This fee does not allow the FRANCHISEE to perform Commercial. Solid Waste (Garbage) Services within the City limits. This fee applies to a FRANCHISEE that ONLY performs Specialized Waste Handling Services within the City limits. See Section 22-50 (c) of the City Code, as amended. 5.7 Safety Inspection Fee: FRANCHISEE agrees to pay the City an annual $500.00 per vehicle safety inspection fee if a vehicle or equipment operating in the City is found to be defective, potentially unsafe or requires inspection by city staff to ensure that the Franchisee operated vehicle is safe to operate. This is a regulatory fee as referenced in Section 166.221, Florida Statutes. This fee is for the municipal inspection of the vehicles being used by FRANCHISEE within the City. The inspection of each vehicle will occur at the City of Miami Solid Waste Department. Vehicles that are used by FRANCHISEE to operate within the City boundaries are subject to the safety inspection and its accompanying fee. The vehicles will include, but are not limited to, roll -offs, grapple trucks, front and rear end loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the FRANCHISEE. ARTICLE VI AUDIT AND INSPECTION RIGHTS 6.1 At reasonable times, and for a period of up to five (5) years following the date of final payment by the FRANCHISEE to CITY under the terms of this AGREEMENT, the CITY may audit, or cause to be audited, those books and records of FRANCHISEE which are related to FRANCHISEE'S perfonnance, FRANCHISEE agrees to maintain all such books andrecords at its principal place of business for a period of five (5) years after final payment is made, in accordance with the terms of this AGREEMENT. For Example; franchise fees are due on October 31, 2015 for cash received in September 2015. The final payment made under the AGREEMENT is due October 31, 2020. The audit temiu includes the full term of the AGREEMENT, as well as the effective five (5) year term that follows. Thus, under the tesins of the AGREEMENT, an audit may commence through October 31, 2025. Auditee is required to pay all monies due as a result of such audits. Note: If the three additional one (1) year options to renew are exercised, this timeframe changes accordingly). 6.1.1 The City shall have the following inspection and audit rights as provided in § 18-101 and § 18-102 of the City Code: i 18-101 - Inspections. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect goods or services at the facilities of the contractual party and perform tests to determine whether they conform to solicitation requirements contained in invitation for bids or requests for proposals or, after award, to the terms and conditions of the contract. Such inspections and tests shall be performed in accordance with the terms and conditions of the solicitation and contract. 12 City of Miami, Florida i Commercial Solid Waste Hauling Services RFQ 495344 (b) Procedures for tests and inspections. (1) The chief procurement officer may specify general operational procedures governing the test and Inspection of all goods or services, sales or leases being performed under city contract by city departments, offices and individual purchasing agents. (2) The chief procurement officer shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment, contractual services or performance under lease agreements to determine conformance with the terms and conditions upon which the order or contract was based. Any purchasing agent or department may be authorized by the chief procurement officer to inspect deliveries or contract performance in the manner stipulated with the approval of the city manager. (3) The chief procurement officer may prescribe chemical, physical and other performance tests for goods or services, including samples submitted with bids or offers and samples of deliveries and performance to determine their quality and conformance with the terms and conditions of the solicitation or contract. In the performance of such tests or inspections, the chief procurement officer shall have the authority to make use of the laboratory facilities of any department of the city or any outside laboratory or special expertise available to evaluate service performance. (c) Conduct of inspections. Whenever possible, inspections and tests shall be performed so as not to unduly delay or inconvenience the contractual parties. Contractual parties shall make available at no charge to the city all reasonable facilities and assistance, in order to facilitate the performance of inspections or tests by city representative. (Ord. No. 12271, § 2, 8-22.02) Sec. 18.102 - Audits. (a) Solicitations and contractual provisions. City contracts shall provide that the city may inspect the books and records of contractual parties to determine conformance with the solicitation requirements contained in the invitation for bids or request for proposals or, after award, with the terms and conditions of the contract. (b) Procedures for audits. (1) The chief procurement officer may specify the general procedures for inspection of books and records and for the conduct of audits of all goods or services, sales or leases under city contracts. (2) An audit may be required when, in respect to an actual or prospective contractual party, there is; a. A question as to the adequacy of accounting policies or cost systems; b. A substantial change in the methods or levels of operations; c. Previous unfavorable experience indicating doubtful reliability of estimating, accounting or purchasing methods; d. A lack of cost experience due to the procurement of a new supply or service; or e. Other evidence that an audit is in the city's best interests as determined by the chief procurement officer, the city manager or the city commission. (c) Conduct of audits. Whenever possible, audits shall be performed so as not to unduly delay or inconvenience the contractual party. Contractual parties shall make available at no charge to the city all reasonable facilities and assistance, for the convenience of the city representatives performing the audit. (Ord. No, 12271, § 2, 8-22-02) 6.2 The CITY, or its agents, may, at reasonable times during the term hereof, inspect FRANCHISEE'S facilities and perform such tests, as the CITY deems reasonably necessary, to determine whether the goods or services required to be provided by FRANCHISEE under this AGREEMENT conform to the terms hereof. FRANCHISEE shall make available to the CITY reasonable facilities and render assistance to facilitate the performance of all tests and/or inspections by CITY representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18- 99, 18-100, 18-101 and 18-102, of the City Code, as same may be amended or supplemented, from time to time. FRANCHISEE also agrees to allow City auditors, during regular business hours and after reasonable notice, to audit, inspect and examine the FRANCHISEE'S financial records (as they relate to City of Miami revenue) including all 13 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 fiscal books and records, sales tax returns, bank statements, general ledger (vouching City of Miami revenue to the G/L), contract/agreement between FRANCHISEE and customer and any other financial information deemed necessary, insofar as they relate to City accounts, as well as, the FRANCHISEE'S entire customer base, in order to confirm the FRANCHISEE'S compliance with the AGREEMENT. FRANCHISEE 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 FRANCHISEE under reported gross receipts, and results in additional revenue due the City in the amount of $20,000.00 (per Fiscal Year) or more, FRANCHISEE agrees to pay for the cost of said Audit. Upon audit notification, FRANCHISEE agrees to deliver all financial information and books and records to within the City limits, if said information is maintained outside the City boundaries. All financial information and books and records shall be provided to CITY audit staff in a data medium and format specified by the Auditor General. Data medium includes electronic media such as CD and DVD, flash drives, and email attachments. Appropriate data format requires data be provided in unlocked Excel spreadsheet format. 6.3 FRANCHISEE agrees to allow CITY auditors the right to copy any financial relatedsource documents when deemed necessary, to substantiate an audit finding. Also, any FRANCHISEE requesting credit or refund for Franchise Fees paid to the CITY in error will be required to pay for the auditing hours necessary to verify the claim. ARTICLE VII INSURANCE AND BONDS 7.1 FRANCHISEE agrees to maintain, for the term of this AGREEMENT, a public liability policy in the minimum amount of $1,000,000; automobile liability insurance policy covering FRANCHISEE'S operations with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage liability. FRANCHISEE'S certificate shall also include workers' compensation coverage. The City shall be listed as an additional insured for liability. Refer to Attachment D, Insurance Requirements. 7.2 FRANCHISEE 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 for the first year of the AGREEMENT shall be no less than $25,000.00, as security for the faithful perfoiniance of the AGREEMENT. The amount of the bond for the second year throughout the term of the AGREEMENT including renewals and extensions thereof, shall be equal to the FRANCHISEE'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 $25,000, whichever is greater. 14 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 The surety shall have a rating classification of "A-" and a financial category of Class V as evaluated in the current Best's Key Rating Guide, Property Liability. In lieu of a Perfoumance Bond, the FRANCHISEE may submit an irrevocable letter of credit, cash, certified check, treasurer's or cashier's check issued by a responsible bank or trust company payable to the CITY of Miami. The Performance Bond shall be submitted to the Purchasing Depa.tttnent no later than ten (10) business days after approval of the AGREEMENT by the City Commission and prior to the execution of the AGREEMENT. See Section 22-47 (4) (b) of the City Code, as amended. ARTICLE VIII TERM 8.1 The term of the AGREEMENT shall be for a period of five (5) years with three (3) one (1) year options to renew. The AGREEMENT shall commence October 1, 2015, and shall terminate on September 30, 2020, with the three (3) one (1) year option periods through September 30, 2023. The AGREEMENT shall become effective upon execution by the parties hereto. See Section. 22-57 (b) of the City Code, as amended. 8.2 The option to renew the AGREEMENT for the additional three (3) one (1) year periods will be at the sole discretion of the City. Various criteria will be established prior to each renewal period. During the review process for renewal, the established criteria will be used in order to ascertain how well each FRANCHISEE performed since the inception of the October 1, 2015, AGREEMENT. It should be noted that any FRANCHISEE that is not renewed for any of the option periods, will not be allowed to operate within the City limits. ARTICLE IX DEFAULT 9.1 If FRANCHISEE fails to comply with any term or condition of this AGREEMENT, or fails to perfoiin: any of its obligations hereunder, then FRANCHISEE shall be in default. Upon the occurrence of a default hereunder, the CITY, in addition to all remedies available , to it by law, may immediately, upon written notice to FRANCHISEE, terminate this AGREEMENT. This FRANCHISEE understands and agrees that terminationof this AGREEMENT under this section shall not release FRANCHISEE from any obligation accruing prior to the effective date of termination. Should FRANCHISEE be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, inaddition to the foregoing, FRANCHISEE shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this AGREEMENT, as well as, all costs and expenses incurred by the City in the re -procurement of the Services, including consequential andincidental damages. See Section 22-58 (c) of the City Code, as amended. 15 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 9.2 If a default status is not cured and the AGREEMENT is terminated, the City has the right to seize the Franchise and transfer it to a third party. 9.3 Except as set forth in 9.2, once this AGREEMENT is terminated, the FRANCHISEE will have no authority to provide Solid Waste collection services in the CITY, ARTICLE X RIGHT TO TERMINATE AND/OR TRANSFER AGREEMENT 10.1 The CITY shall have the right to terminate this AGREEMENT, in its sole discretion, at any time after the CITY gives written notice to the FRANCHISEE of a default of any of the provisions in this .AGREEMENT and the FRANCHISEE fails to correct the default or cease the conduct as set forth in the written notice, within fourteen (14) working days of the receipt by the FRANCHISEE of said notice from the CITY. See Section 22-58 of the City Code, as amended 10.2 If the FRANCHISEE is in default and owes sums to the City, fourteen (14) days after notice of default has been sent to FRANCHISEE, the City will have the option of transferring the rights under that FRANCHISEE'S AGREEMENT to a third party. That right to transfer the rights under that FRANCHISEE'S AGREEMENT may be exercised at any time after the termination of the FRANCHISEE and no intent to later transfer those rights need be expressed in any notice or other communication with FRANCHISEE. 10.3 FRANCHISEE has the right to appeal the revocation of this AGREEMENT to the City Manager in accordance with the same time period as set forth in Section 22-49 of the City Code. Said request for appeal must be in writing. 10.4 All complaints received by the CITY shall be resolved by the FRANCHISEE within twenty four (40) hours, after notification by the CITY to the FRANCHISEE of said complaint. The FRANCHISEE agrees to make all reasonable and expeditious efforts to resolve every complaint. The FRANCHISEE shall perform every reasonable act to provide a level of high quality service which will minimize complaints. 10.5 It is expressly agreed that in no event shall the CITY be liable or responsible to the FRANCHISEE or its customers for any delay or temporary interruption in service because of disputes between the parties or any cause over which the CITY has no control. In the event of any condition which makes performance of contracts entered into under the terms and conditions of this AGREEMENT impossible, FRANCHISEE agrees that the CITY shall have the right to invite, notify, and qualify other Prospective Proposers of the opportunity to provide collection and disposal services. ARTICLE XI NOTICES 16 City of Mian2i, Florida Commercial Solid Waste Hauling Services RFQ 495344 Whenever either party desires to give notice unto the other, it must be given by written notice, sent certified U.S. Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. 11.2 For the present, the parties designate the following as the respective places for giving of notice, to -wit: CITY of MIAMI c/o City Manager 3500 Pan .American Drive Miami, Florida, 33133 FRANCHISEE Copy To: City of Miami Director, Department of Solid Waste Director's Office 1290 NW 20th Street Miami, FL 33142 ARTICLE XII INDEMNIFICATION 12.1 FRANCHISEE shall indemnify, defend and hold harmless the CITY and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this AGREEMENT which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of FRANCHISEE or its employees, agents or subcontractors (collectively referred to as "FRANCHISEE"), regardless of whether it is, or is alleged to be, caused in 'whole or in. part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the FRANCHISEE to comply with any of the paragraphs herein or the failure of the FRANCHISEE to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, Federal or State, in connection with the performance of this AGREEMENT. FRANCHISEE expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of FRANCHISEE, or any of its subcontractors, as provided above, for which the FRANCHISEE'S liability to such employee or former employee would otherwise be limited to payments under State Workers' Compensation or similar laws. 17 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 ARTICLE XIII ASSIGNABILITY 13.1 There is no right to assign this AGREEMENT. The City Commission may allow an assignment if it is deemed in the best interests of the City of Miami ("CITY") to do so. Under no circumstances may the City Commission consider assignment of a Franchise as long as the FRANCHISEE has any outstanding balance to the CITY or is otherwise not in complete compliance with the AGREEMENT. lithe FRANCHISEE is up to date with all payments to the CITY and is otherwise fully in compliance with the AGREEMENT, then a FRANCHISEE may request consideration for assignment only as follows: by Certified letter to the Director of the Department of Solid Waste with reports enclosed reflecting all payments due to the CITY have been paid through the date of the letter. For the purposes of this paragraph, "assignment" shall include any transfer of a majority of stock in a FRANCHISEE or any significant change in ownership or control of the FRANCHISEE, its officers, directors or personnel. The Director of the Department of Solid Waste must be notified of any sale of a majority of stock in the FRANCHISEE and any significant changes in the ownership of the FRANCHISEE, its officers, directors or personnel by Certified letter no later than five (5) business days after such action. If assignment is granted, the new FRANCHISEE will assume all obligations set forth in the AGREEMENT and immediately comply with all terms of the AGREEMENT. If the CITY approves assignment of this AGREEMENT, it may be conditioned on the proposed assignee demonstrating fiscal solvency, reliability, and responsibility. Prior to considerationof approval by the CITY, the proposed assignee must execute an Assignment/Assumption AGREEMENT whereby they comply with every condition of the prior Franchise Agreement and this AGREEMENT must be approved as to form and correctness by the City Attorney. 13.2 This AGREEMENT shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns, ARTICLE XIV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: 14.1 FRANCHISEE understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to FRANCHISEE's operations and services, public records, conflict of interest, record keeping, etc. FRANCHISEE agrees to comply with and observe all applicable Federal, State, County and City laws, rules, regulations, Codes and Ordinances, as applicable to FRANCHISEE and its operations and services, as they may be amended from time to time. ARTICLE XV NONDISCRIMINATION 15,1 FRANCHISEE represents and warrants to the CITY that FRANCHISEE does not and will not engage in discriminatory practices and that there shall be no discrimination. in 18 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 connection with FRANCHISEE'S performance under this AGREEMENT on account of race, color, sex, religion, age, handicap, marital status or national origin. FRANCHISEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this AGREEMENT. ARTICLE XVI INDEPENDENT CONTRACTOR 16.1 FRANCHISEE is being engaged as an independent contractor, and not as an agent or employee of the CITY. Accordingly, FRANCHISEE shall not attain, nor be entitled to, any rights or benefits Yonder the Civil Service or Pension Ordinances of the CITY, nor any rights generally afforded classified or unclassified employees. FRANCHISEE further understands that Florida Workers' Compensation benefits available to employees of the CITY are not available to FRANCHISEE, and agrees to provide workers' compensation insurance for any employee or agent of FRANCHISEE. ARTICLE XVII GOVERNING LAW; VENUE; CIVIL ACTIONS 17.1 This AGREEMENT shall be governed by the laws, regulations, Codes and Ordinances of the Federal Government, State of Florida, Miami -Dade County and the City of Miami. This AGREEMENT shall be construed and interpreted under the laws of the State of Florida. 17.2 Venue in any claims, actions or proceedings between the parties shall be in Miami -Dade County, Florida. 17.3 In order to expeditiously handle any claims, actions or proceedings between the parties under this AGREEMENT each party voluntarily and knowingly: (i) waives their right to demand a jury trial; (ii) waives their right to file a permissive counterclaim; (iii) agrees to bear their own attomey's fees, ARTICLE XVIII SEVERABILITY 18.1 Should any section of this AGREEMENT, or any part thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, suchdecision shall not affect the validity of the remainder hereof. ARTICLE XIX ENTIRE AGREEMENT 19 City ofMioni, Florida Commercial Solid Waste Hauling Services RFQ 495344 19.1 This instrument andits attachments constitute the sole and only AGREEMENT of the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior Agreements, promises, negotiations, or representations not expressly set forth in this AGREEMENT are of no force or effect. 19.2 It is further understood that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19.3 Notwithstanding the aforementioned, the CITY reserves the right, from time to time, to levy other reasonable business, professional, and occupational regulatory fees, pursuant to Florida Statutes § 166.221. 19.4 The City of Miami's Department of Solid Waste, may request such other reasonable supporting financialdocuments, as reasonably needed, to evaluate the gross receipts of the FRANCHISEE, :for accounts subject to this Franchise Agreement. ARTICLE XX APPROVAL OF THIS AGREEMENT 20.1 Executionof this AGREEMENT by the City Manager, City Attorney, City Clerk, Risk Management Administrator and FRANCHISEE, shall constituteevidence of its approval. ARTICLE XXI ADDITIONAL QUALIFIED PROPOSERS 21.1 In addition, Qualified Proposer(s) agree that the CITY has the right to add additional qualified proposers, (in the event any of the Franchises are cancelled, terminated, or the FRANCHISEES otherwise cease to do business or provide adequate service within the CITY), who meet all requirements of applicable laws, codes, rules and regulations and will execute CITY furnished Agreements, to provide collection and disposal services, as determined necessary by the CITY, through the duration of the contract in order to insure availability and expediency of services. Each proposer who seeks to be added to the Commercial Solid Waste Hauling Services contract shall be evaluated, consistent with the requirements of this RFQ, to determine qualifications. ARTICLE XXII PUBLIC RECORDS 20 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 22.1 Franchisee understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, including without limitation Florida Statute § 119.0701, and agrees to allow access by the CITY and the public to all documents subject to disclosure under applicable laws. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this AGREEMENT by the CITY. 22.2 Should FRANCHISEE determine to dispute any public access provision required by Florida Statutes, then FRANCHISEE shall do so at its own expense and at no cost to the CITY. ARTICLE XXIII TERMINATION 23.1 The CITY reserves unto itself the power to revoke all franchises granted pursuant to Chapter 22 of the City Municipal Code, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of property, contract, or other right of FRANCHISEE, it being the express intention to reserve unto the CITY, the power in its sole discretion, to alter the methods of solid waste collection employed in the CITY, and the manner in which to provide for solid waste services delivered within the CITY. 21 City of Mian21, Florida Commercial Solid Waste Hauling Services RFQ 495344 IN WITNESS WHEREOF', OF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "CITY" CITY OF MIAMI, a municipal ATTEST: corporation By: Todd Harmon, City Clerk Daniel J. Alfonso, City Manager "FRANCHISEE" 9 a Corporation/LLC/ Ltd. Partnership (as applicable) ATTEST: By: Print Name: Print Name: Title: Secretary TTitle: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Ann -Marie Sharpe Director, Risk Management 1 A company resolution indicating the signatory is authorized to sign for and bind the Franchisee, is required. 22 ANNIE PEREZ, CPPO DANIEL J. ALFONSO Director of Procurement City Manager June 12, 2015 SENT VIA EMAIL carlo(a,great-waste.com Carlo Piccinonna Great Waste and Recycling Service, LLC 3051 NW 129th Street Opa Locke, FL 33054 RE: Request for Qualifications (RFQ) No. 495344 — Commercial Solid Waste Hauling Services Dear Mr. Piccinonna: The City of Miami is in receipt of your proposal in response to RFQ No. 495344 - for Commercial Solid Waste Hauling Services. The solicitation closed on Monday, June 8, 2015. Our initial review has revealed that additional clarification is needed in order to determine if your proposal is responsive to the requirements of the RFQ. Pursuant to Section 2.5, Minimum Qualifications of Proposers, the RFQ required that proposers 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. Our review found that your firm is in arrears to the City in the amount of $6,703.40. Please contact Gigi Rolle -Holloway at 305-416-1353 or via email at GRolle(a,miamigov.com to verify that this amount is due and to bring your account up to date. In addition, return a response certifying that this matter has been resolved to the attention of Mr. Terry Byrnes, via email: tbvrnes(a miamigov.com no later than 3:00 p.m. on Thursday, June 18, 2015. In addition, pursuant to Solicitation, along with the above, please list and acknowledge all addendum/addenda received. Your firm acknowledged only addenda 1 through 4. Failure to respond by the stipulated dates and times may deem your proposal non -responsive. Sincerely, 1 Annie Perez, CPPO Director of Procurement AP:Io Cc: File City Of Miami RFQ 495344 Mr. Terry Byrnes 6-15-2015 M r„ _Byrnes Please let the letter serve as ackhoWledgement that Great WaSte has received adclendUMS #1, #2, #3, • #4, and #5 iri regards to REQUESTS FOR 'QUALIFICATIONS RFQ No. 495344 Great Waste & Recycling Service, LLC 3091 NW 129 Street ()pa-Lecke, Pl..'b9054 'Office:. (3OS) 688-61884 Fax (305) 680-6235 WwwkGreat-INaste.com City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 EXHIBIT D INSURANCE REQUIREMENTS Rev. 12/10/15 26 CERTIFICATE OF LIABILITY INSURANCE Producer: Plymouth Insurance Agency 2739 U.S, Highway 19 N. Holiday, FL 34691 (727) 938-5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Coverages Dale 11/18/2015 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage Insurer A: Lion Insurance Company NAIC # 11075 Insurer B: Insurer C: Insurer D: Insurer E: The policies of Insurance listed below have been Issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contractor other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the policies described herein Is subject to all the terms, excluslons, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number GENERAL LIABILITY Commercial General Liability Claims Made ® Occur General aggregate limit applies per: Policy ® Project ® LOC Policy Effective Date (MM/DD/YY) Policy Expiration Date (MM/DD/YY) Limits Each Occurrence Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY MIESSIS 182110.0 Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos EXCESS/UMBRELLA LIABILITY IOccur ® Claims Made Deductible ;‘,/4 Combined Single Limit (EA Accident) Bodily Injury (Per • arson) Bodily Injury (Per Accident) Property Damage (Per Accident) Each Occurrence Aggregate A Workers Compensation and Employers' Liability Any proprietor/partner/executive officer/member excluded? NO If Yes, describe under special provisions below. WC 71949 01/01/2015 01/0 /2016 X WC Statu- tory Limits OTH- ER E.L. Each Accident $1,000,000 E.L. Disease - Ea Employee $1,000,000 E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance. Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 07-65-304 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Great Waste and Recycling Services, LLC Coverage only applies to Injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in FL. Coverage does not apply to statutory employee(s) or Independent contractor(s) of the Client Company or any other entity, A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Narne: WAIVER OF SUBROGATION APPLIES IN FAVOR OF CITY OF MIAMI / ISSUE 02-16-12 (TD)Reissued 12/10/12 (SH) / REISSUE 06-27-13 (TD) / Reissued 12/9/13 (SH) / REISSUE 12-20-13 (TLD) REISSUE 11-19-14 (AF) REISSUE 11-10-15 (AF)/ REISSUE 11-18-15 (TLD) CERTIFICATE HOLDER CITY OF MIAMI C/O PURCHASING DEPARTMENT 444 SW 2ND AVENUE, 6TH FLOOR MIAMI, FL 33130 Be In Date 9/12/2011 CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing Insurer will endeavor to mall 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the Insurer, its agents or representatives. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 03 13 POLICY (Ed, 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from u.s.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule CITY OF MIAMI CIO PURCHASING DEPARTMENT 444 SW 2ND AVENUE, 6TH FLOOR MIAMI, FL 33130 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured: Southeast Personnel Leasing, Inc. Insurance Company: Lion Insurance Co. Policy #: WC 71949 Effective: 01/01/2015- 01/01/2016 Client: Great Waste and Recycling Services, LLC WC000313 (Ed. 4-84) © 1983 National Council on Compensation Insurance,. Countersigned by: A 0 El CERTIFICATE OF LIABILITY INSURANCE `......-- - DATE(MM/DDIYYYY) 12/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:JOAN HOSKIE RRL Insurance Agency 4450 W Eau Gallie Blvd., #115 PHONE (A/C. No. Ext1321-421-6306 FAX (A/C, No): Melbourne FL 32934 E-MAIL hoskie@ rl-ins.com INSURER(S)"AFFORDING COVERAGE NAIC # INSURER A :Essex Insurance Company INSURED GREATWAST INsuRERla :Security National Insurance Co 19879 Great Waste & Recycling Services, LLC INSURER C:American Automobile Insurance Co. 21849 3051 NW 129th Street Opa Locka FL 33054 INSURER D:Rockhill Insurance INSURER E : INSURER F t COVERAGES CERTIFICATE NUMBER: 8717184 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYW) LIMITS B GENERAL LIABILITY Y Y SES1325144 6/17/2015 6/17/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $100,000 CLAIMS -MADE X OCCUR (Ea occurrence) MED EXP (Any one $5,000 person) PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS - COMP/OP AGG $2000000 POLICY PRO- JECT LOC DEDUCTIBLE $1,000 C AUTOMOBILE LIABILITY Y Y MXA80313410 6/17/2015 6/17/2016 COMBINE- TINGLE LIMIT (Ea accident) $1,000,000 X A ANY AUTO --ISCHEDULED BODILY INJURY (Per person) ALL OWNED AUTOS BODILY INJURY Per accident ( ) $ X HIRED AUTOS X NON -OWNED AUTOS ® ® PROPERTY DAMAGE (Per accident) $ X $10,000 PIP �+r) COMP/COLL. DED. $3,000 D X UMBRELLA LIAB X O OCCUR UMBR00912. 0 /1 / 6/17/2016 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ \'L / $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY Y /.N .1 1 if r WC STATU- TORY.LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N / A I ,.,,/_.�. I l7` E L EACH ACCIDENT $ (Mandatory in NH) If describe E.L. DISEASE - EA EMPLOYEE $ yes, under DESCRIPTION OF OPERATIONS, below E.L. DISEASE - POLICY LIMIT $ A EQUIPMENT FLOATER IMS34638 5/21/2015 5/21/2016 Actual Cash Value 2,500 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RFQ222246 - COMMERCIAL SOLID WASTE HAULING SERVICES The City of Miami is added as additional insured on the General Liability and Automobile Liability and umbrella policies listed above. This insurance is primary & non-contributory. CERTIFICATE HOLDER CANCELLATION30 Days CITY OF MIAMI PURCHASING DEPARTMENT 444 SW 2ND AVENUE, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6TH FLOOR MIAMI FL 33130-0000 I AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CONTINUATION CERTIFICATE In consideration of premium charged, Lexon Insurance Company hereby continues in force BOND No, 1074302 Dated 2/16/2012 in the amount of $75,000.00 Dollars on behalf of GREAT WASTE & RECYCLING SERVICES, as Principal, in favor of City Of Miami Purchasing Department for the period beginning Febrpary 16, 2015 e Wing , fis. I/2j ebruar 16, 2 1 Jr( subject to all terms and conditions of said bond; PROVIDED hat the liability Lexon Insurance Company shall not exceed in the aggrega d amount above written, whether the loss shall have occurred (luring the terin of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation Or continuations thereof. SIGNED AND SEALED THIS Lexon Insurance Company By: rintho‘5, G. ilakano, Allorney-in.Act 2 February 3, 2015 CONTINUATION CERTIFICATE In eonsiideration of premium charged, i..exon Insurance Company BOND No, 1074302 hereby continues in force Dated 2/16/2012 in the amount of $75,000.00 Dollars on behalf of GREAT WASTE & RECYCLING SERVICES, I., LC. , as Principal, in favor of City Of Miami Purchasing Department for the period beginning February 16, 2015 and ending February 16, 201 subject to all terms and conditions of said bond; PROVIDED that the liability of Lexon Insurance Company shall not exceed in the aggregated amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuations thereof. SIGNED AND SEALED THIS February 3, 2015 Lexon Insurance Company By: .dritho ry G. L?trawl', rtttarmy-in-facl 495344,5 2.1.2, INSURANCE REQUIREMENTS INDEMNIFICATION Qualified.Proposer(s) shall pay Oil behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may ariseout of proposer's performance under the ,provisions of the contract, including all acts or omissions to act on the part of proposer, including any person performing under this Contract for or on proposer's behalf, provided that any such claims, liabilities, lossesand. causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result front 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 $W 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: I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations $1,000,000 Personal and Advertising Injury 13. Endorsements Required City of Miami listed as an additional insured Contingent and. Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability $1,000,000 $2,000,000 $1,000,000 A. Limits of Liability Bodily injury and Property Damage Liability Combined Single Limit Including Owned, Hired, Borrowed ox NonAOwnedAutos Any Ono Accident $1,000,000 B. Endorsements Required Page 29 of 39 City of Miami. included as an Additional Insured. Pollution Liability CA 99 48 or equivalent endorsement if applicable III. Worker's Compensation Limits ()Mobility Statutozy-State of Plorida Waiver of subrogation Employers Liability A. Limits of 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 IV. Umbrella Liability A. Limits of Liability Each. Occurrence Limit $1,000000 Aggregate. Limit $1,000,000 City of Miami listed as an additional insured Excess Form over all applicable liability policies herein contained V. Performance bond/Letter of Credit $25,000 City of Miami listed as oblige on the bond and sole beneficiary on the letter of credit, VI. Pollution 7Liabfty (If Applicable) A, Limits of Liability Each. Occurrence Aggregate Limit $1,000,000 City of Miami listed as an additional insured $1,000,000 495344,5 The above policies shall provide City of Miami with written notice of cancellation or material change from Page 30 of 59 City of Miami, Florida Commercial Solid Waste Hauling Services RFQ 495344 EXHIBIT E CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) Rev. 12/10/15 27 City of Miami, Florida Commercial Solid Waste hauling Services RFQ 495344 WHEREAS, CORPORATE RESOLUTION This Resolution needs to authorize the signatory to sign a corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this /L( day of tbe 2015 ("FRANCHISEE") Rev. 12/10/15 22 Detail by Entity Name Page 1 of 2 117L, OR IDA DE PARTMENT OF STATE D IVIS ION CORPORATIONS Detail by Entity Name Florida Limited Liability Company GREAT WASTE AND RECYCLING SERVICES LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 12330 SW 2 STREET PLANTATION, FL 33325 Changed: 04/22/2014 Mailing Address 12330 SW 2 STREET PLANTATION, FL 33325 L11000066819 45-2479744 06/08/2011 FL ACTIVE Changed: 04/22/2014 Registered Agent Name & Address HOOPER, LARRY K 10621 N KENDALL DRIVE SUITE 113 MIAMI, FL 33176 Authorized Person(s) Detail Name & Address Title MGRM PICCINONNA, CARLO 12330 SW 2 STREET PLANTATION, FL 33325 Annual Reports Report Year 2013 2014 Filed Date 03/26/2013 04/22/2014 http://search.sunbiz.org/Inquiry/CorporationSearch/SearehResultDetail?inquirytype=Entit... 12/10/2015 Detail by Entity Name Page 2 of 2 2015 02/02/2015 Document Images 02/02/2015 -- ANNUAL REPORT 04/22/2014 -- ANNUAL REPORT 03/26/2013 -- ANNUAL REPORT 02/07/2012 -- ANNUAL REPORT 06/08/2011 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Copyright 6:ii) and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationS eat-6/S earehResultDetail?inquirytype=Entit... 12/10/2015 City of Miami Master Report Resolution R-15-0499 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 15-00754 Version: 1 Enactment Date: 11/19/15 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED JUNE 8, 2015, FROM VARIOUS PROPOSERS AS IDENTIFIED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344, FOR COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED FIRMS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI_ WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. Reference: Introduced: 6/9/15 Name: Accept Proposals - Comm. Solid Waste Hauling Svcs. Requester: Department of Solid Waste Notes: Cost: Final Action: 11/19/15 Sections: Indexes: Attachments: 15-00754 Summary Fonn.pdf, 15-00754 Memo - Manager's Approval.pdf, 15-00754 Corporate Detail.pdf, 15-00754 Invitation for Bid.pdf, 15-00754 Legislation.pdf, 15-00754 Exhibit A 7-23-15.pdf, 15-00754 Exhibit A.pdf, 15-00754 Exhibit •- Agreement.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result Office of the City 7/10/15 Reviewed and Attorney Approved 1 City Commission 7/23/15 DEFERRED 1 City of Miami Page I Printed on 4/29/2016 AGENDA ITEM SUMMARY FORM File ID: #18769 Date: 01/09/2026 Commission Meeting Date: 01/22/2026 Requesting Department: Department of Solid Waste Sponsored By: District Impacted: All Type: Resolution Subject: Accept Assignment of Contract - Commercial Solid Waste Hauling Services Purpose of Item: The nature of this item is to authorize a resolution of the Miami City Commission with attachments for the assignment of the resulting Contract from Request for Qualifications ("RFQ") No. 495344, for the provision of Commercial Solid Waste Hauling Services, from Great Waste Service LLC., to accept the change of assignment from Great Waste and Recycling Service, LLC. to Great Waste Service LLC., authorizing the City Manager to execute an Acceptance of Assignment and Assumption of Contract, in a form acceptable to the City Attorney, with Great Waste Service LLC.; further authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, extensions, and in accordance to the Contract, subject to allocations, appropriations and budgetary approval having been previously made, compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: On November 19, 2015, the City Commission adopted Resolution No. 15-0499, approving the City's award of RFQ No. 495344 to various providers, including Great Waste and Recycling Service, LLC. for the provision of Commercial Solid Waste Hauling Services, for an initial contract term of five (5) years, with the option to renew for three (3) additional one (1) year periods. On October 14, 2025, Great Waste and Recycling Service, LLC., sent a letter to the City of Miami requesting that the Contract be assigned to Great Waste Service LLC. Budget Impact Analysis Item is Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Solid Waste Office of Management and Budget Office of Management and Budget Department of Procurement City Manager's Office City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Katie Grate Aniska Elliott Marie Gouin Annie Perez Barbara Hernandez Natasha Colebrook -Williams Carolina Aguila Carolina Aguila Valentin J Alvarez Thomas M. Fossler George K. Wysong III Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Procurement Review Assistant City Manager Review Deputy City Manager Review City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 01/09/2026 1:33 PM Completed 01/12/2026 7:19 AM Completed 01/12/2026 10:41 AM Completed 01/12/2026 2:59 PM Completed 01/12/2026 3:27 PM Completed 01/12/2026 8:00 PM Skipped 01/12/2026 7:36 PM Skipped 01/12/2026 10:18 AM Completed 01/12/2026 8:33 PM Completed 01/12/2026 9:38 PM Completed 01/12/2026 9:42 PM Completed 01/22/2026 9:00 AM Completed 01/22/2026 5:43 PM City of Miami Legislation Resolution Enactment Number: R-26-0033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18769 Final Action Date:1/22/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT OF THE RESULTING CONTRACT FROM REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344 FOR THE PROVISION OF COMMERCIAL SOLID WASTE HAULING SERVICES FROM GREAT WASTE AND RECYCLING SERVICE, LLC. TO GREAT WASTE SERVICE LLC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GREAT WASTE SERVICE LLC.; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. R-15-0499, adopted on November 19, 2015, the City Commission approved the award of a contract for Request for Qualifications ("RFQ") No. 495344 for the provision of Commercial Solid Waste Hauling Services to various providers, including Great Waste and Recycling Service, LLC, for an initial contract term of five (5) years with the option to renew for three (3) additional one (1) year periods ("Contract"); and WHEREAS, on October 14, 2025, Great Waste and Recycling Service, LLC., sent a letter to the City of Miami ("City") requesting that the Contract be assigned to Great Waste Service LLC.; and WHEREAS, pursuant to Article XIII of the Agreement, titled Assignability, said Contract may not be assigned without the express consent of the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to execute an Acceptance of Assignment and Assumption of Contract, in substantially the attached form, under the Contract from RFQ 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. No. 495344 for the provision of Commercial Solid Waste Hauling Services with Great Waste Service LLC. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, and compliance with applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: g_WyjngIIII,C y ttor y 111202026 ACORD CERTIFICATE OF LIABILITY INSURANCE `..----- DATE(MM/DD/YYYY) 1/26/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure Southeast Partners Insurance Services, LLC 1317 Citizens Blvd Leesburg FL 34748 License#: BR-1796553 CONTACT NAME: PHONE FAX (A/C No Ext): 800-845-8437 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Gotham Insurance Company 25569 INSURED GREAWAS-03 Great Waste Service LLC 850 NW 144th St Miami FL 33168-3024 INSURERB: Trisura Specialty Insurance Company 16188 INSURER C: Kinsale Insurance Company 38920 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1151676551 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBERLIMITS POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y GL202500035967 k4: 8/18/ 24)�/2025 15 : : ) 8/18/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT LOC°Nkik PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $Included $ B AUTOMOBILE X X LIABILITY ANY AUTO W ONED X x SCHEDULED AUTOS NON -OWNED Y Y MIW`/'�, BUR21CO273 C. , 4, 1 !!!®®® 8/18/2026 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP $ $10,000 C X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 0100403652-0 10/9/2025 8/18/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N' ye PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B Pollution, Clean Up Costs MIWBUR21CO27326 8/18/2025 8/18/2026 Broadended Pollution $1,000,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami as additional insured with respect to the General Liability and Auto Liability. Primary and non-contributory language included for the General Liability and AutoRFQ222246 - Commercial Solid Waste Hauling Services CERTIFICATE HOLDER CANCELLATION City of Miami Purchasing Department 444 SW 2nd Avenue 6th Floor Miami FL 33130 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' di yirwin ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE Date I 1/27/2026 Producer: Plymouth Insurance Agency 2739 U.S. Highway 19 N. Holiday, FL 34691 (727) 938-5562 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company 11075 Insurers: Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date (MM/DD/YY) Policy Expiration Date(MM/DD/YY) Limits GENERAL LIABILITY Commercial General Liability Each Occurrence $ Damage to rented premises (EA occurrence) $ Claims Made Occur Med Exp $ Personal Adv Injury $ General aggregate limit applies per: General Aggregate $ 3 Policy ❑ Project ❑ LOC Products - Comp/Op Agg $ AUTOMOBILE LIABILITY Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos Combined Single Limit (EA Accident) $ Bodily Injury (Per Person) $ Bodily Injury (Per Accident) $ Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY . . Each Occurrence Occur ❑ Claims Made Aggregate ,R Deductible A Workers Compensation and Employers' Liability Any proprietor/partner/executive officer/member excluded? NO If Yes, describe under special provisions below. r WC 71949 01/01/2026 01/01/2027 X I WC Statu- tory Limits I I OTH- ER E.L. Each Accident $1,000,000 E.L. Disease - Ea Employee $1,000,000 E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 96-66-667 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Great Waste Service LLC. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) , while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by emailing a request to certificates©lioninsurancecompany.com Project Name: ISSUE 01-27-26 (PH) Begin Date: 8/25/2025 CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI PURCHASING DEPARTMENT 444 SW 2ND AVE, 6TH FLOOR MIAMI, FL 33130 Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. — — `'*� .='4t�.--_--- UEJanie! From: Sent: To: Cc: Subject: Good Afternoon Daniel The certificate is adequate. Regards, Terry M. Quevedo City of Miami Risk Management Department 14NE 1st Avenue, 2nd Floor Miami, Florida 33132 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo©miamigov. com "SowCn y, SSGaxcarg, cord 171cor rnme 9 curt em muxitcy 4R? (1/ Quevedo, Terry Tuesday, February 3, 2026 1:26 PM De Vito, Daniel; Gomez Jr., Francisco (Frank) Aviles, Yesenia RE: PROCUREMENT INSURANCE REVIEW FOR GREAT WASTE SERVICE LLC (...°Y From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Tuesday, February 3, 2026 12:40 PM To: Quevedo, Terry <TQuevedo@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR GREAT WASTE SERVICE LLC No problem Terry— let me know if this works. Thank you, Daniel De Vito Procurement Contracting Officer City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office (305) 416-1916 — Fax (305) 400-5075 Email: dadevito(a�miamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage From: Quevedo, Terry <TQuevedo@miamigov.com> Sent: Tuesday, February 3, 2026 12:35 PM To: De Vito, Daniel <DaDeVito@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR GREAT WASTE SERVICE LLC Daniel Please re send the attachments as I am not able to open for viewing. Thanks, Terry M. Quevedo City of Miami Risk Management Department 14NE 1st Avenue, 2nd Floor Miami, Florida 33132 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo©miamigov. com ..Sez'c y, Snhao ce49, cord 7144,4enoteet9 curt 4Qf•S cp. 51, From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Tuesday, February 3, 2026 12:32 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR GREAT WASTE SERVICE LLC Good afternoon team, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! 2 Daniel De Vito Procurement Contracting Officer City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office: (305) 416-1922 - Fax (305) 400-5075 Email: dadevitoRmiamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage Olivera, Rosemary From: Gandarilla, Aimee Sent: Monday, February 23, 2026 8:45 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Fossler, Thomas; Johnson, Antiwonesha Subject: Acceptance of Assignment Agreement Great Waste Service LLC (matter 25-3204) Attachments: Acceptance of Assignment Agreement Great Waste Service LLC (matter 25-3204).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Antiwonesha: Please close Matter 25-3204. Thank you, Aimee q.and.cvni,U,ai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miamigov.com "Serving, Enhancing, and Transforming our Community" i