LTC 428-2013 RFP for Solid Waste Franchise Contractor to Provide Commercial Waste Collections and Disposal Services U
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OFFICE OF THF_CI_T_Y_MANAGER 111 1 T°�, !- ►-'r;" Q 1=
NO. LTC # 428-2013 LETTER TO COMMISSION
To: Mayor Philip Levine and Members the City ommission
From: Jimmy L. Morales, City Manager
Date: December 4, 2013
Subject: Request For Qualifications Fo Solid Waste Franchise Contractor To Provide
Commercial Waste Collections nd Disposal Services.
On October 17, 2013, the City Commission approved the issuance of Request for Qualifications
(RFQ) 178-2013-SR, for a solid waste franchise contractor(s) to provide commercial waste
collections and disposal services (the RFQ). The amendments made to the RFQ during the
October 17 City Commission discussion of this item included the following:
1. Give the City .Commission the discretion to select one (1) solid waste franchise
contractor, to up to five (5) solid waste franchise contractors.
2. Ability for the RFQ Process to allow the selection of a third solid waste franchise
contractor as soon as possible.
3. Ability for the RFQ Process to allow selection of additional solid waste franchise
contractors starting October 1, 2014.
4. The Administration to recommend how many solid waste franchise contractors are
needed.
5. Include the City's local preference language in the RFQ.
6. Amend RFQ selection criteria to separate 25 points to measure environmental
sustainability (green) initiatives.
Accordingly, the Administration has made the following changes to the RFQ:
• The following language has been added to Section I of the RFQ document to address
points 1, 2, 3, and 4 stated above.
Pursuant to Section 90-229, of the City of Miami Beach Code (City Code) the City
is authorizing to issue up to five (5) franchises to qualified waste contractors for
residential and commercial waste collection and disposal. It is the intent of the
City with the issuance of this RFQ to have the discretion to select up to five (5)
solid waste franchise contractors. The first selected solid waste franchise
contractor would be selected for a term commencing as soon as possible; with
the term of any selected additional solid waste franchise contractors to
commence starting October 1, 2014. Hence, the total number of solid waste
franchise contractors to be selected (up to five [5]) is not defined at this time and
the City Commission would make such determination after the completion of this
RFQ process.
• The below standard language to provide local preference for Miami Beach-based
vendors, as required by Ordinance No. 2011-3747, is included in the Section V of the
RFQ document and will be applied accordingly.
Letter to City Commission
Solid Waste Franchise Contractor To Provide Commercial Waste Collections and Disposal Services RFQ
Page 2 of 2
LOCAL PREFERENCE: The City, through the Procurement Department, will
assign an additional five (5) points to Proposers which are a Miami Beach-based
vendor as defined in the City's Local Preference Ordinance.
• The Evaluation Criteria has been further defined and measures sustainability and green
initiatives:
Total Points Evaluation Criteria
25 Proposer Qualifications,including:
Minimum Qualifications
Experience of Firm and Team
Financial Capacity
Other Qualifications pursuant to information submitted in Appendix A
50 Scope of Services and Methodology,including:
Scope of Services Proposed
Approach and Methodology
Customer Service Plan
Value-Added Services and Public Benefits
25 Environmental Sustainabilit Green Initiatives
As directed by the City Commission, the RFQ has been amended to reflect the aforementioned
changes and has been released.
A copy of the revised RFQ is attached. Please advise me if you have any questions with the
amenpftW RFQ at your earliest convenience.
JLM/K /EC/AD
C: Kathie G. Brooks, Assistant City Manager
Mark Taxis, Assistant City Manager
Eric Carpenter, Public Works Director
Alex Denis, Procurement Director
F:\PURC\$ALL\Solicitations\2013\2013-178ME-RFQ-Waste Haulers\Waste RFQ LTC.docx
REQUEST FOR QUALIFICATIONS (RFQ)
RFQ 178-20135R
FOR FRANCHISE WASTE CONTRACTORS TO PROVIDE RESIDENTIAL
AND COMMERCIAL WASTE COLLECTIONS AND DISPOSAL
MIAMIBEACH
DEPARTMENT OF PROCUREMENT MANAGEMENT, 3RD Floor
1700 Convention Center Drive Miami Beach, FL 33139
305-673-7490
MIAMIBEACH
New
RFQ 178-2013
FOR FRANCHISE WASTE CONTRACTORS TO PROVIDE RESIDENTIAL AND COMMERCIAL WASTE COLLECTIONS
AND DISPOSAL
TABLE OF CONTENTS
Section I Overview & Proposal Procedures ........................... 3
Section II Minimum Qualifications Requirements .................... 7
Section III Scope of Services .................................................. 7
Section IV Proposal Format .................................................... 10
Section V Evaluation/Selection Process.................................. 12
Section VI Special Terms& Conditions: Insurance .................. 12
Section VII General Conditions
Section VIII Appendices:
A-Proposal Certification, Questionnaire& .............. 14
Requirements Affidavit (Under Separate Cover)
MIAMIBEACH
City at Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax:786-3944006
PUBLIC NOTICE
Sealed proposals,as detailed herein,will be received until 3:00 PM on,January 6th,2014,at the following address:
City of Miami Beach City Hall
Department of Procurement Management—Third Floor
Attn:Sandra M.Rico,Senior Procurement Specialist
1700 Convention Center Drive
Miami Beach,Florida 33139
ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER
UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE
STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL,COURIER SERVICE,OR ANY OTHER ENTITY OR OCCURRENCE.
The City utilizes PublicPurchase for automatic notification of bidding opportunities and document fulfillment, including the issuance
of any addendum to this RFQ. This system allows vendors to register online and receive notification of new bids, addendums and
awards.Registration is available through www.publicpurchase.com.
Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure receipt of any addendum issued to this RFQ. Prospective proposers are solely responsible for
assuring they have received any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of
proposal submitted.
Proposers are hereby advised that this RFQ is subject to the following City of Miami Beach code provisions,which may be found on
the City of Miami Beach website:www.miamibeachfl.gov/procurement.
• CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486
• PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371
• DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406
• CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES...................................................................................... CITY CODE SECTION 2-488
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373
• LIVING WAGE REQUIREMENT...................................................... THROUGH 2-410
CITY CODE SECTIONS -4 7
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE-SECTION 2-372
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374
All questions or requests for clarifications must be received by the procurement contact named above no later than five(5)calendar
days prior to the scheduled RFQ due date. The City Clerk, rafaelgranado @miamibeachfl.gov, must be copied on any question or
comment submitted in response to this RFQ. All responses to questions and/or requests for clarifications submitted within the time
period provided herein will be sent to Proposers in the form of a written addendum to this RFQ.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST
OF THE CITY; OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL; OR REJECT ANY AND/OR ALL
PROPOSALS.
Sincerely,
Sandra M.Rico
Senior Procurement Specialist
1 I RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
® MIAMI BEACH
City of Miami Beach,
1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305.673.7490 Fax:786.394.4006
NOTICE OF NO RESPONSE
If not submitting a Proposal at this time, please detach this sheet from the RFQ documents, complete
the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Not responding due to workload issues
Not responding due to minimum qualifications requirements
Not responding due to scope of services
Not responding due to project's size and/or complexity
OTHER. (Please specify)
Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company
being removed from the City's bid list.
We do do not want to be retained on your mailing list for future proposals for the type or
product and/or service.
Signature:
Title:
Company:
Feedback
The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your
feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on
requirements,timelines,and solicitation forms.
2 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
BEACH
SECTION I-OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION 1 BACKGROUND
Pursuant to Section 90-97(c)of the City Code, multi-family buildings with nine(9)or more dwelling units are considered
commercial accounts and must have solid waste disposal services provided by one of the City's franchise waste
contractors.
The City currently has two (2) franchise issued to solid waste contractors for residential and commercial solid waste
collections and disposal. The term of the franchise with the City's current franchise waste contractors shall expire on
September 30th,2014.
Pursuant to Section 90-229, of the City of Miami Beach Code (City Code) the City is authorizing to issue up to five (5)
franchises to qualified waste contractors for residential and commercial waste collection and disposal. It is the intent of
the City with the issuance of this RFQ to have the discretion to select up to five(5)solid waste franchise contractors.The
first selected solid waste franchise contractor would be selected for a term commencing as soon as possible; with the
term of any selected additional solid waste franchise contractors to commence starting October 1, 2014. Hence,the total
number of solid waste franchise contractors to be selected (up to five [5]) is not defined at this time and the City
Commission would make such determination after the completion of this RFQ process.
Additionally, pursuant to section 90-231 of the City Code, each franchise waste contractor shall, as a condition of
issuance by the City Manager of a franchise, be required to offer recycling services. If an offer of recycling by one of the
franchise waste contractors is declined, a multi-family dwelling would then have both the ability and the responsibility to
find another qualified and licensed recycling collector to provide service to be in compliance with the City recycling
requirement. Proposals made by a franchise waste contractor to provide recycling services shall be combined with an
appropriate offer to reduce both the volume and the cost of solid waste disposal for that specific multi-family residential
building. In such way,the multi-family residential building should be able to decrease solid waste disposal costs that will
either neutralize or minimize any potential cost increase associated with the provision of recycling services. The specific
numbers in the proposal as to the reduction of wastes for the cost associated with any of the services is left between the
two parties to negotiate and reconcile.
The requirements of the City's Solid Waste Ordinance, as codified in Section 90,Articles I—V,of the City Code(and as
same may be amended from time to time), shall apply to any franchise agreement resulting from this RFQ. The City's
solid waste ordinance is available at hftp://library.municode.com/index.aspx?clientld=13097.
B. RFQ TIMETABLE
The tentative schedule for this RFQ is as follows:
RFQ Issued November 22,2013
Pre-Proposal Meeting December 9,2013
Deadline for Receipt of Questions December 13,2013
Proposals Due January 6,2014
Evaluation Committee Review To Be Determined
Tentative Commission Approval Authorizing Negotiations To Be Determined
Contract Negotiations Following Commission Approval
C. PROPOSAL SUBMISSION DUE DATE
An original and ten(10)copies of complete Proposals,plus one electronic copy(CD or flash drive), must be received no later than
3:00 p.m.on the dated stated in Section 1(B),at the following address:
City of Miami Beach City Hall
Procurement Division--Third Floor
1700 Convention Center Drive
Miami Beach,Florida 33139
3 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
TEACH
The original and all copies,including the electronic copy,must be submitted to the Procurement Division in a sealed package clearly
noted with the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be
considered.
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME
AND DATE,WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL,COURIER SERVICE,OR BY ANY OTHER ENTITY OR OCCURRENCE.
ANY PROPOSAL RECEIVED AFTER THE STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED.
PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE
CONSIDERED.
D. PRE-PROPOSAL SUBMISSION MEETING
A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(B)at 10:00 a.m.at the following address:
City of Miami Beach City Hall
4th Floor,City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach,Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory.
Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps:
(1)Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America)
(2)Enter the MEETING NUMBER: 1142644#
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this
RFQ expressing their intent to participate via telephone.
E. CONTACT INFORMATION
Contact: Telephone: Email:
Sandra M.Rico 305-673-7000,Extension 6230 srico@miamibeachfl.gov
All questions and/or requests for clarifications pertaining to this RFQ must be made in writing to the Procurement Division.Facsimile
or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above,with a
copy to the City Clerk's Office at RafaelGranado(amiamibeachfl.gov,no later than the date specified in the RFQ timetable.
F. RESPONSE TO QUESTIONS&ADDENDUM TO RFQ
The Procurement contact will issue replies to questions, requests for clarifications, and/or any other corrections or amendments to
this RFQ,as he/she deems necessary,in written addenda issued prior to the deadline for responding to the RFQ. Proposers should
not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any
written addendum to this RFQ. Proposers should verify with the Department of Procurement Management prior to submitting
a Proposal that all addenda have been received.
G. CONE OF SILENCE
Pursuant to the City's Cone Of Silence Ordinance, as codified in Section 2-486 of the City Code, proposers are advised that oral
communications between the proposer,or their representatives and 1)the Mayor and City Commissioners and their respective staff;
or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation
Committee members,are prohibited.
H. MODIFICATIONMITHDRAWALS OF PROPOSALS
A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due
date and time. Modifications received after the Proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date,or after expiration of
120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due
date and before said expiration date,and letters of withdrawal received after contract award will not be considered.
4 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
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I. RFQ POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFQ;
postpone or cancel,at any time,this RFQ process; or waive any irregularities in this RFQ,or in any Proposals received as a result of
this RFQ.
J. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith,shall be the
sole responsibility(and shall be at the sole cost and expense)of the Proposer,and shall not be reimbursed by the City.
K. EXCEPTIONS TO RFQ
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ,and outline what,if any,alternative
is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City,at its
sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and
alternatives are rejected,the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which
Proposer took exception to(as said term and/or condition was originally set forth on the RFQ).
L. FLORIDA PUBLIC RECORDS LAW
Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted
therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State
Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the Proposals,
whichever is earlier.
M. NEGOTIATIONS
The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding,the City is in
no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is
also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall
be created at any time until and unless a contract has been agreed to;approved by the City;and executed by the parties.
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings
established pursuant to the City's bid protest procedures (Ordinance No.2002-3344),as codified in Sections 2-370 and 2-371 of the
City Code. Protests not timely made pursuant to the requirements of Ordinance No.2002.3344 shall be barred.
0. OBSERVANCE OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal,State, County, and City laws,ordinances,codes, rules and
regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the
scope of services and/or project contemplated by this RFQ(including,without limitation,the Americans with Disabilities Act,Title VII
of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines). Ignorance of the law(s)on the part of
the Proposer will in no way relieve it from responsibility for compliance.
P. DEFAULT
Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or
untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety
required as liquidated damages to the City. Where surety is not required,such failure may result in a claim for damages by the City
and may be grounds for removing the.Proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse,
parent,sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any
City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its
affiliates.
R. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and
examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract.
5 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not
relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,and will
not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
S. RELATIONSHIP TO THE CITY
It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an
independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any
circumstances,be considered employees or agents of the City.
T. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws as same may be
amended from time to time. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall
be subject to any and all sanctions,as prescribed therein, including,without limitation,disqualification of their Proposals, in the event
of such non-compliance.
V. CONE OF SILENCE
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as
codified in Section 2-486 of the City Code as same may be amended from time to time. Proposers shall be solely responsible for
ensuring that all applicable provisions of the City's Cone of Silence are complied with,and shall be subject to any and all sanctions,
as prescribed therein,including rendering their Proposal voidable,in the event of such non-compliance.
W. DEBARMENT ORDINANCE
This RFQ is subject to,and all Proposers are expected to be or become familiar with,the City's Debarment Ordinance as codified in
Sections 2-397 through 2406 of the City Code,and as same may be amended from time to time.
X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS
This RFQ is subject to,and all Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws,as
codified in Sections 2487 through 2-490 of the City Code, and as same may be amended from time to time. Proposers shall be
solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and
shall be subject to any and all sanctions,as prescribed therein, including disqualification of their Proposals, in the event of such non-
compliance.
Y. CODE OF BUSINESS ETHICS
Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of
Business Ethics("Code")and submit that Code to the Procurement Division with its bid/response or within five(5)days upon receipt
of request.
The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,
among others,the conflict of interest,lobbying and ethics laws of the City of Miami Beach and Miami Dade County.
Z. AMERICAN WITH DISABILITIES ACT(ADA)
Call 305-673-7490 to request material in accessible format; sign language interpreters (five(5)days in advance when possible), or
information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works
Department,at 305-673-7000,Extension 2984.
AA. ACCEPTANCE OF GIFTS,FAVORS,SERVICES
Proposers shall not offer any gratuities,favors,or anything of monetary value to any official, employee, or agent of the City,for the
purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City
shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
6 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
SECTION II—CITY CODE REQUIREMENTS/MINIMUM QUALIFICATIONS FOR FRANCHISE CONSIDERATON
Pursuant to Section 90-229, of the City Code, the minimum qualifications that shall be considered by the City in the granting of a
solid waste franchise shall include:
(1)Evidence of the applicant's(i.e.Proposer's)ability to fulfill all duties and requirements of a franchise waste contractor,as set forth
in Chapter 90 of the City Code,and including,without limitation,proper certification and adequate insurance coverage.
(2)Certification that the applicant has never defaulted on any government contracts or bid awards.
(3)Evidence that the applicant has the potential for a significant amount of business within the City,comprised of either a minimum
of 50 committed accounts within the City of Miami Beach; or, in the altemative,.the City Commission may, at its sole discretion,
accept as evidence of compliance,50 comparable committed accounts from outside of the City.
(4)Certification that there are no unsatisfied judgments against the applicant.
(5)Certification that the applicant is not,and will not be,throughout the term of the franchise agreement, affiliated with, as a parent,
subsidiary, by virtue of an interlocking directorate, or otherwise, an affiliated entity of any existing, private waste contractor(under
Section 90-191,et seq.,or other franchise waste contractor(under Section 90-221,et seq. in the City Code,including any current or
prospective applicants therefore.
(6)The applicant's ability and commitment to provide its customers with:
a.Good service;
b.Competitive prices;and
c.Demonstrated and/or proposed "green"initiatives.
(7)The applicant's ability and commitment to provide additional"public benefit(s)"to the City which may include,without limitation,
provision of additional waste collection,disposal, and/or recycling services(at no cost to the City)to City rights-of-way, City-owned
public buildings, parks, and/or beaches; voluntary cost and/or fee reductions; and/or such other City public benefits and/or services
as the City manager may,in his reasonable judgment and discretion,from time to time,require.
If more than one applicant for a franchise waste contractors license qualifies under the minimum qualifications as set forth in Section
90-229(a) of the City Code, (and as set forth above in the RFQ), the issuance of the franchise shall be determined by the City
Commission, based upon the applicant which the City Commission deems, in its sole and reasonable judgment and discretion(and
having considered the recommendation of the City Manager) to have provided the most significant public benefit(s) to the City
(pursuant to Section 90-229(a)(7)of the City Code).
SECTION III—SCOPE OF SERVICES
All scope of services provided in response to any resulting agreement shall comply with the requirements of the City's
Solid Waste Ordinance(Section 90,articles I-V of the City Cod,as same may be amended)including,without limitation,the
following sections:
Sec.222-List of accounts.
(a) Each franchise waste contractor shall provide the City Manager with the following information upon initial application
for a franchise and,thereafter,at the commencement of each application for renewal:
(1)A current list of the names and addresses of each account franchise:
(2)The frequency of service;
(3)The permit number and capacity of each waste dumpster as per account;
(4)The permit number and capacity for each recycling container,as per account;
(5)The address serviced by each dumpster; and
(6)The address serviced by each recycling container.
(b) No property owner may share an account with another property owner.
(c) Notwithstanding subsection (a)(1),the contractor shall notify the City Manager, in writing, on a monthly basis, of any
changes in its list of accounts.
(d) Each franchise waste contractor shall notify the City of all accounts that have been discontinued prior to the
accumulation of garbage on the previously serviced premises.
Sec.223-Monthly report.
Each franchise waste contractor shall deliver to the finance department,on or before the last day of each month,a true and
correct_monthly report of gross receipts generated during the previous month from accounts within the City. This monthly
report shall include the customer names, service addresses,account numbers, and the actual amount of solid waste and of
any recyclable materials collected from each customer.Payments of the franchise fee shall be made monthly to the finance
department, on or before the last day of each month, for gross receipts for the previous month. Contractors shall, on or
before 60 days following the close of their respective fiscal year, deliver to the finance department a statement of annual
gross receipts generated from accounts within the City for the preceding fiscal year, certified by an independent certified
7 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
public accountant. The contractor's failure to provide the certified statement of annual gross receipts within the required
time frame shall be grounds for revocation or suspension of the franchise.
Sec.224.-Audit or inspection of licensee's books and records.
Each franchise waste contractor shall allow the city's auditors, upon reasonable notice and during normal business hours
(i.e. 9:00 a.m. — 5:00 p.m. Monday through Friday, excluding legal holidays), to audit, inspect and examine the
contractor's books and records, and state and federal tax returns, insofar as they relate to city accounts, to confirm the
contractor's compliance with this division.This information shall include,without limitation,the following:billing rates,billing
amounts, sequentially pre-numbered invoices, signed receipts, trip tickets, computer records, general ledgers, and
accounts receivable. Additionally,the city's auditors may communicate directly with contractor's customers for purposes of
confirming compliance with this division. Failure to allow access to any books and records in this section shall be grounds
for revocation or suspension of the franchise.
Sec.225.-Failure to pay franchise fee.
If a franchise waste contractor fails to pay any franchise fee(as set forth in section 90-221),when due and within the time
provided, the contractor shall pay any and all of the city's expenses for collection of same, including, without limitation,
audit costs and reasonable attorney fees and costs. If the contractor fails to pay the full franchise fee on or before the last
day of each month, interest shall accrue on the amount due at the highest lawful rate of interest.
Sec.226.-Evidence of payment.
In order to effectively provide for the collection of the required business tax receipts to the city, any person seeking to
renew a business tax receipt pursuant to the provisions of chapter 18 shall provide the finance department with evidence of
payment of all outstanding solid waste franchise fees,fines, and other charges, as a condition to reissuance or renewal of
the business tax receipt.
Sec.227.-Handling of complaints.
Each franchise waste contractor shall maintain an office in Miami-Dade County with adequate staff and telephone service
to handle and resolve all incoming calls and complaints between the hours of 8:00 a.m. and 4:00 p.m., Monday through
Friday, excluding legal holidays. Between the hours of 4:00 p.m. and 8:00 a.m., Monday through Friday, and all day on
Saturday and Sunday, including holidays, each contractor shall maintain an answering service or answering machine to
receive incoming calls and complaints. Any complaints received by the contractor before noon (12:00 p.m.) shall be
resolved before 4:00 p.m. of that same day. Complaints received after noon (12:00 p.m.) but before 8:00 a.m. shall be
resolved before noon (12:00 p.m.) of the following day. An emergency telephone number where the contractor may be
reached shall be provided to the city manager or his authorized designee.
Sec.228.-Regulations for servicing dumpsters,compactors and other garbage facilities.
Garbage collection equipment shall consist of trucks with leakproof and enclosed bodies, with compactors and sanitizing
materials in each truck, and covered in leakproof garbage dumpsters. The location of each dumpster, recyclable material
container, and any and all other garbage facility(ies) shall be approved by the city manager, or his authorized designee,
and a permit will be issued for each. No dumpster, recyclable material container, or any other garbage facility shall be
placed or serviced until such permit is issued.Notwithstanding the preceding,in the event any such facility is delivered by a
contractor without a permit, the city shall still receive payment for the account in computing the franchise fee due under
section 90-221. Contractors shall return dumpsters, recyclable material containers, and any other garbage facilities to
approved locations after servicing. Compactors shall not be installed without a permit from the city's building department.
Each garbage facility and/or each recycling container must bear the name of the contractor and must be serviced and
sanitized at least twice weekly. Garbage facilities or recycling containers located on public property, or without a city
permit, shall be deemed abandoned and will be removed by the city at the contractor's expense, pursuant to section 90-
331 et seq. Service pickups by trucks are to be made from streets and driveways.Trucks shall not be driven or parked on
sidewalks at any time.Contractors may not park any truck on any public or private property within the city when not being
used to service accounts. Collection hours for all solid waste or recyclable materials shall be between the hours of 7:00
a.m. and 7:00 p.m. only. All permanent employees of contractors shall carry identification cards, approved by the city
manager or his designee, at all time(s) while servicing accounts. In addition to the required solid waste and recyclable
materials collection pursuant to the provisions of this section 90-228, and other requirements of this chapter, contractors
shall include the collection of garbage,rubbish,trash,and recyclable materials;up to and within that immediate area of the
owner's private property line where a dumpster, compactor, recycling container,or garbage facility may be located and,at
a minimum,within a radius of ten feet surrounding the location of said recycling container,or garbage facility,regardless of
whether such garbage, rubbish, trash, or recyclable materials may or may not be included or secured in a recycling
container, or other garbage facility. Such immediate collection of garbage, rubbish, trash or recyclable materials shall be
incorporated by contractors as part of their regularly scheduled service pickups.
8 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
Sec.231.-Recycling requirements for franchise waste contractors;protest procedures.
(a)Recycling requirements.
(1)Each franchise waste contractor shall,as a condition of the franchise,be required to offer directly,or through
a subcontractor, recycling for any and all accounts (as defined below) serviced by the contractor (including,
without limitation,any and all commercial and residential accounts).
(2)Each contract with a franchise waste contractor for waste collection and disposal services(an account)shall
include a proposal to provide recycling.Such proposal shall,to the maximum extent that is commercially feasible,
maximize recycling activity in the city, and provide for sufficient flexibility in recyclable materials container size
and location(as is both necessary and consistent for the particular account).
(3) Each recycling proposal shall be required to disclose to the account holder the savings offset that is
anticipated as a result of the recycling and the consequent reduction of solid waste disposed; provided, however,
that the recycling proposal (and the required savings offset) shall remain within the purview of the franchise
waste contractor and the particular account holder to negotiate.
(4) Effective May 1, 2010, all contracts between a franchise waste contractor and an account holder for the
collection and disposal of solid waste in the city shall be modified to include a provision to offer/provide recycling,
consistent with the provisions of this subsection 90-231(a). The franchise waste contractor shall be given a six-
month grace period commencing on May 1, 2010,to amend all of its contracts (including contracts with current
account holders)to include a provision offering the required recycling services.
(b) Protest procedures for multifamily residences only. In the event that the recycling bid and/or price quote (hereinafter,
the offer) provided by the contractor to an account holder who is an owner, occupant, or operator or manager of an
apartment building or other multifamily residence, is deemed unfair by said owner,occupant,or operator or manager,then
the aggrieved party may file a protest with the city manager.Any such protest must be submitted in writing;must be made
within 30 days of receipt of the offer by the aggrieved party; must include a copy of the offer; and must clearly state the
reasons and grounds that the aggrieved party considers the offer to be unfair.Protests not made within the time period set
forth in the preceding sentence shall be time-barred and shall receive no further consideration. Upon receipt of a timely
written protest, the city manager shall provide a copy to the particular contractor, who may respond to the protest, in
writing,within 15 days of receipt of the protest. At the end of the 15 days, the city manager has 30 days to direct that an
administrative hearing be scheduled to consider the protest(which hearing need not necessarily be held within the 30-day
period). The aggrieved party and contractor shall be given written notice, certified mail return receipt requested, of the
hearing date.The hearing shall be conducted by the city manager, or a designee appointed by the city manager, and shall
be conducted in accordance with the provisions established pursuant to section 102-385.At the hearing,the city manager
or his designee may hear testimony and consider any relevant evidence from the parties regarding the subject protest and,
at the conclusion of the hearing, the city manager or his designee shall make a written determination as to the fairness or
unfairness of the protest.An offer shall not be deemed to be unfair if it provides for prices,terms,and services as would be
provided to buildings of comparable size and character within the area, and which is competitive within the local industry
standards. If the offer is deemed unfair, the city manager, or the city manager's designee, shall require the contractor to
provide the aggrieved party with a new offer that meets the minimum criteria for fairness(as established in the preceding
sentence).The contractor's failure or refusal to provide a fair alternate bid and/or quote may be grounds for suspension or
revocation of contractor's franchise agreement.
Sec.232.-Bankruptcy or insolvency.
If the franchise waste contractor becomes insolvent or if the contractor files a petition of voluntary or involuntary
bankruptcy,its franchise shall automatically terminate no later than the date of filing of the bankruptcy petition.
Sec.233.-Exemption to provide for recycling.
(a) Notwithstanding any other provisions of sections 90-221 through 90-231, until such time as the city commission
approves and implements a city-wide recycling program for multifamily residences, which program may also include
recycling for commercial establishments,subject to and as permitted by section 403.7046,Florida Statutes(hereinafter,the
"city-wide recycling program"), the city manager may continue to license individual recycling contractors (pursuant to
section 90-306 et seq.).
(b) If the city commission determines at any time to approve and implement a city-wide recycling program, the city
manager shall then meet with the current franchise waste contractors(subject to and as permitted by Section 403.7046,
Florida Statutes),for the purpose of negotiating terms and conditions connected with the provision of recycling pursuant to
the city's program,and as to that portion of the program pertaining to multifamily residences.The terms,including rates to
be charged by contractors shall be comparable to those established in municipalities in Miami-Dade, Broward and Palm
Beach Counties for provision of similar recycling services.
9 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
L'FA-,, H
(c)Each franchise agreement between the city and a franchise waste contractor shall require that,in the event that the city
commission approves and implements a city-wide recycling program, any franchise waste contractor who opts not to
provide the required recycling services for multifamily residences under the city's program, must notify its account holder,
in writing, informing them that they may,within 60 days of receipt of the notice, elect to terminate their account and then
existing contracts with said contractor,without liability to the account holder.
(d)If none of the franchise waste contractors come to an agreement with the city manager within 60 days,the city manager
may,at his/her option,provide recycling pursuant to the approved city-wide program by:
(1) Entering into an agreement with other persons to provide recycling to accounts serviced by franchise waste
contractors;
(2)Entering into an interocal agreement(s);and/or
(3)Granting additional franchises to waste contractors who are willing to provide the recycling services required
by the city, and who shall also have all privileges and duties of franchise waste contractors as set forth in this
chapter(including those pertaining to collection and disposal of solid waste).
(e)If the city enters into agreement for provision of recycling services pursuant to the approved city program,except for an
interlocal agreement, rates charged for recycling in the city by those contractors shall be set and approved by resolution of
the city commission.
(f) Notwithstanding anything to the contrary in this section 90-233 or the city-wide recycling program (if approved and
implemented), selection of recycling contractors to service commercial establishments under the program shall be in
accordance with the requirements of Section 403.7046,Florida Statutes,as same be amended from time to time.
Sec.235.-Required certification and disclosure form for franchise waste contractors.
(a)Effective May 1, 2010,all contracts between a franchise waste contractor and an account holder for the collection and
disposal of solid waste in the city shall require the franchise contractor to execute(as well as require the franchise waste
contractor to have the contracting party, which is the contractor's customer/account holder, execute) the city's disclosure
and certification (for City of Miami Beach franchise waste contractor customers), in the form specified in appendix 1. The
executed certification and disclosure forms shall be the franchise waste contractor, maintained along with contractor's
books and other records.
(b)In order to enforce the provisions of this section,the city manager and/or his/her authorized designee may,at any time
during the term of the franchise, request that the franchise waste contractor provide true and correct copies of any or all
disclosure forms for its customer(s)/account holder(s). Contractor's compliance with this section may also be enforced by
city audit or inspections pursuant to section 90-224
(c)A franchise waste contractor's failure to comply with the provisions of this section may be grounds for suspension or
revocation of contractor's franchise agreement with the city.
SECTION IV—PROPOSAL FORMAT
In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is
strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard
copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references.
Minimum Qualifications for Franchise Consideration
Submit detailed,verifiable information affirmatively documenting compliance with minimum qualification that the City will consider
in awarding a franchise,as established in the City Code Section 90-229(a)and enumerated in Section II, 1-7 above.
Provide only executed certifications for Minimum Qualification requirements pertaining to proposer's compliance with City Code
Section 90-229(2);(4);and(5)(see Section II,Items[2],[4],and[5]).
Note: If more than one applicant for a franchise waste contractor license qualifies under the minimum qualifications as set forth
in Section 90-229(a)of the City Code,(and as set forth above in the RFQ),the issuance of the franchise shall be determined by
the City Commission, based upon the applicant which the City Commission deems, in its sole and reasonable judgment and
discretion (and having considered the recommendation of the City Manager) to have provided the most significant public
benefit(s)to the City(pursuant to Section 90-229(a)(7)of the City Code).
10 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
Proposer Experience&Qualifications.
7TIa7�.]: Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services
detailed herein.
Tab 2.2: Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if
awarded, the role that each team member will play in providing the services detailed herein and each team members'
qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be
included for each Proposal team member to be assigned to this contract.
Tab 2.3: Financial Capacity.
DUN&BRADSTREET REPORTS.The prospective Provider shall pay D&B to send the Supplier Qualifier Report(SQR)to
the prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall
be the responsibility of the prospective Provider.The prospective Provider shall request the report from D&B at
https://supplierportal.dnb.com/webapp/wcs/stores/servIeUSupplierPortal?storeld=11696
In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum,
balance sheets(statements of financial position)and statements of profit and loss(statement of net income).When the submittal
is from a co venture,each Proposers involved in the co venture must submit financial statements as indicated above
Tab 2.4: Proposal Certification,Questionnaire&Requirements Affidavit(Appendix A).Attach Appendix A fully completed
and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, references, as
well as other factors,may be assessed.
Sco a of Services&Methodology
Tab 3.1: In addition to clearly addressing how Proposer will comply with the requirements of this RFQ, including those
requirements noted in the scope of services section and in Section 90, Articles I—V, of the City Code (also detailed, in part in
Section III above).Proposers shall:
Tab 3.2: Submit detailed information on approach and methodology to project implementation, project timeline, and any other
factor that may impact the successful completion of the project.
Tab 3.3:Submit a detailed Customer Service Plan
Tab 3.4:Submit detailed information on how proposer will provide value-added services or public benefits related to the scope of
this RFQ proposed by the proposer. Public benefit(s)to the City which may include,without limitation,those items referred to in
Section 90-229 of the City Code (see alsolast paragraph of Section II of the RFQ, such as the provision of additional waste
collection, disposal, and/or recycling services (at no cost to the City)to City rights-of-way, City-owned public buildings, parks,
and/or beaches;voluntary cost and/or fee reductions; and/or such other City public benefits and/or services as the City Manager
may,in his reasonable judgment and discretion,from time to time,require.
Environmental Sustainabilit Green Initiatives
Smi detailed information documenting how Proposer has demonstrated and proposed environmentally sustainable (green)
tives relating to operations associated with the scope of this RFQ, including but not limited to: minimizing or mitigating any
negative environmental impacts;maximizing energy efficiency;and decreasing ecological footprint.Any current initiative
information submitted should be documented and verifiable.
Submit detailed information on how the Proposer plans to incorporate environmentally sustainable(green) initiatives as part of
the award of the franchise to Proposer if selected).
11 I RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
SECTION V—EVALUATION 1 SELECTION PROCESS
The procedure for response,evaluation and selection will be as follows:
1. The RFQ will be issued
2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted.
3. All timely received Proposals will be opened and listed.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the
requirements set forth in the RFQ. If further information is desired, Proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best
candidate(s)by using the following evaluation criteria:
Total Points r ,Fi= $y::�, 4s G TM ,Evaluation CnfeiaT �l
25 Proposer Qualifications,including:
Minimum Qualifications
Experience of Firm and Team
Financial Capacity
Other Qualifications pursuant to information submitted in Appendix A
50 Scope of Services and Methodology,including:
Scope of Services Proposed
Approach and Methodology
Customer Service Plan
Value-Added Services and Public Benefits
25 Environmental Sustainability(Green)Initiatives
LOCAL PREFERENCE: The City, through the Procurement Department, will assign an additional five (5) points to
Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The City, through the Procurement Department,will assign an additional five (5) points to
Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran
business enterprise,as defined in the City's Veterans Preference Ordinance.
6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best
interest of the City.
7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such
recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select
another Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all Proposals.
8. Negotiations between the City and the selected Proposer(s)will take place to arrive at a mutually acceptable Agreement. If
the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the
top-ranked proposer.
9. The final proposed agreement(s)will be presented to the City Commission for approval.
10. If the agreement(s)are approved by the City Commission,the Mayor and City Clerk shall execute the contract(s),after the
Proposer(or Proposers)has(or have)done so.
BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO
PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID
EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH
PARTIES.
SECTION VI—SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd
Floor, Miami, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
12 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
i
BPACFi
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability,
Prod cts/ om I ted Operations, in an amount not less than 1 000 000 combined single limit per
u C e s $
P P 9 P
occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
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 "B" as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey,or its equivalent,subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance
Companies Authorized or Approved to Do Business in Florida"issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty(30)days in advance notice
to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3RD FLOOR
MIAMI BEACH,FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
13 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
G [ . ,..B isArH
SECTION VII—GENERAL CONDITIONS
1. GENERAL TERMS AND CONDITIONS.It is the responsibility of the Proposer to become thoroughly familiar with the Proposal requirements,terms and
conditions of this solicitation. Ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the
requirements of the City,or the compensation to be paid to the Proposer.
2. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes.
3. MISTAKES.Reference Section I of this Solicitation.
4. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS.Reference Section I of this Solicitation
5. INTERPRETATIONS.Reference Section I of this Solicitation.
6. LATE SUBMISSION.Reference Section I of this Solicitation
7. LEGAL REQUIREMENTS.Reference Section I of this Solicitation
8. PATENTS&ROYALTIES.The proposer shall indemnify and save harmless the City of Miami Beach,Florida,and its officers,employees,contractors,
and/or agents,from liability of any nature or kind,including cost and expenses for,or on account of,any copyrighted,patented,or unpatented invention,
process,or article manufactured or used in the performance of the contract,including its use by the City of Miami Beach,Florida. If the proposer uses
any design,device or materials covered by letters,patent,or copyright,it is mutually understood and agreed,without exception,that the proposal prices
shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work.
9. OSHA.The proposer warrants to the City that any work,services,supplies,materials or equipment supplied pursuant to this Proposal shall conform in all
respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be
deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be bome solely by the proposer.
10. MANNER OF PERFORMANCE.Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable
Local,State,County,and Federal laws,rules,regulations and codes.Proposer agrees that the services provided shall be provided by employees that are
educated,trained,experienced,certified,and licensed in all areas encompassed within their designated duties. Proposer agrees to fumish to the City
any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations.
Proposer further certifies that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws
or regulations in full force and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach
of this contract.
11. SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence.
12. ANTIDISCRIMINATION.The proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202,Executive
Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons without regard to race,color,religion,sex
or national origin.
13. AMERICAN WITH DISABILITIES ACT.Reference Section 12 of this Solicitation.
14. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Proposal Bonds, when required, shall be submitted with the
proposal in the amount specified in the Special Conditions. After acceptance of the proposal,the City will notify the successful proposer to submit a
performance bond and certificate of insurance in the amount specified in the Special Conditions.
15. DEFAULT.Reference Section I of this Solicitation.
16. PROTEST.Reference Section I of this Solicitation.
17. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS:Reference Section I of this Solicitation.
18. ASSIGNMENT.The successful proposer shall not assign,transfer,convey,sublet or otherwise dispose of the contract,including any or all of its right,title
or interest therein,or his/her or its power to execute such contract,to any person,company or corporation,without the prior written consent of the City.
19. LAWS,PERMITS AND REGULATIONS.Reference Section I of this Solicitation.
20. ELIMINATION FROM CONSIDERATION.This proposal shall not be awarded to any person or firm who is in arrears to the City upon any debt,taxes,or
contracts which are defaulted as surety or otherwise upon any obligation to the City.
21. COLLUSION.Where two(2)or more related parties each submit a proposal or proposals for any contract, such proposals or proposals shall be
presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and
management of such related parties in the preparation and submittal of such proposal or proposals."Related parties"means proposer s or the principals
thereof which have a direct or indirect ownership interest in another proposer for the same contract,or in which a parent company or the principals
thereof of one(1)proposer have a direct or indirect ownership interest in another proposer for the same contract.Proposal or proposals found to be
collusive shall be rejected.
22. Proposers who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive
proposalding may be terminated for cause.
14 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
APPENDIX A
i3EACH,v\ i. A, A. ,
Proposal
• •
Questionnaire
Requirements avi
RFQ 178-2013
For Solid Waste Franchise Contractors To
Provide Commercial Collection And
Disposal Services
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive,Third Floor
Miami Beach, Florida 33139
15 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
i
Solicitation No: Solicitation Title:Franchise Waste Contractors To Provide Residential&Commercial
RFQ 178-2013 Collection and Disposal
Procurement Contact: Tel: Email:
Maria Estevez 305-673-6558 mestevez@miamibeachfl.gov
PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective
Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that
certain portions of responsiveness,responsibility and other determining factors and compliance with requirements may be evaluated.
This Proposal Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted
fully completed and executed with your proposal or within three(3)days of request by the City.
1. General Proposer Information.
FIRM NAME:
No of Years in Business: No of Years in Business Locally: No.of Employees:
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(HEADQUARTERS):
CITY:
STATE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:
any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial
information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in
accordance with contract requirements.
16 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
2. Miami Beach Based(Local)Vendor.Is proposer a Miami Beach based firm?
0 YES 0 NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by
the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach
Based Vendor.
3. Veteran Owned Business.Is proposer a veteran owned business?
0 YES 0 NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that
firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United
States federal government,as required pursuant to City Code Section 2-347.
4. Financial Capacity.Proposers shall submit a Dun&Bradstreet Duns Number(D-U-N-S#).The City may request one or more
D&B reports to assess proposer's financial capacity or may request other information (e.g., audited and other financial
statements)after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B,contact D&
B at 1-800-234-3867 to register your company.
SUBMITTAL REQUIREMENT:Proposer shall submit Dun&Bradstreet Duns Number
(D-U-N-S#):
Note:The City may require other financial information(e.g.,audited financial statements,bonding capacity,credit history,etc.),
as part of the solicitation submittal requirements or during the evaluation process,as necessary to evaluate financial capacity.
5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s)in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify
the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for
such reported action. If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect. If
"No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any
proposer team member firm, in the past five (5)years. If Proposer has no litigation history or regulatory action in the past 5
years,submit a statement accordingly.
6. References & Past Performance. Proposer shall submit at least three(3)references for whom the proposer has completed
work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT:Proposer shall submit a minimum of three(3)references,including the following information: 1)
Firm Name, 2) Contact Individual Name&Title, 3)Address, 4)Telephone, 5) Contact's Email and 6) Narrative on Scope of
Services Provided.
7. Suspension,Debarment or Contract Cancellation.Has proposer ever been debarred,suspended or other legal violation,or
had a contract cancelled due to non-performance by any public sector agency?
0 YES 0 NO
SUBMITTAL REQUIREMENT:If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to
action(s).
8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance
Reform laws,as codified in Sections 2-487 through 2490 of the City Code. Proposers shall be solely responsible for ensuring
that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and
all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance.
17 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in this Solicitation. For each individual or entity with a controlling financial interest
indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who
has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
9. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business
with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its
bid/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach
Code of Ethics,available at www.miamibeachfi.gov/procurement/.
10. Living Wage. Pursuant to Section 2408 of the Miami Beach City Code, as same may be amended from time to time,
proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage
rates listed below:
• Commencing with City fiscal year 2013-14 (October 1, 2013), the hourly living rate will be $11.28/hr
with health benefits,and$12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of
Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent(3%).The City
may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally
sound to implement same(in a particular year).
Proposers'failure to comply with this provision shall be deemed a material breach under this bid, under which the City may,at
its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties
and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement
is available at www.miamibeachfi.gov/procurement.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer
agrees to the living wage requirement.
11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively
solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors
doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal
Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all
employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees
located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract
within the City of Miami Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
0 YES 0 NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners*or to domestic partners of employees?
0 YES 0 NO
18 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
`/IJ .,sdBEAT H
C. Please check all benefits that apply to your answers above and list in the "other' section any additional benefits not
already specified. Note: some benefits are provided'to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health
Sick Leave
Family Medical Leave
Bereavement Leave
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no
insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures
compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable
Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be
reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's
decision is final. Further information on the Equal Benefits requirement is available at
www.miamibeachfi.gov/procurement/.
12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time, states
that 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer
agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor
list.
13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to proposers or alter solicitation requirements.The City will strive to reach
every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However,
Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This
Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant
to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
Initial to Initial to Initial to
Confirm Confirm Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
*If additional confirmation of addendum is required,submit under separate cover.
19 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
DISCLOSURE AND DISCLAIMERSECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience. Any action taken by the City in response to Proposals made pursuant to this RFQ,or in making any award,or in failing
or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this RFQ,either
before or after issuance of an award,shall be without any liability or obligation on the part of the City.
In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals,
and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,
the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this
solicitation.
Following submission of a Bid or Proposal,the applicant agrees to deliver such further details,information and assurances,including
financial and disclosure data,relating to the Proposal and the applicant including,without limitation,the applicant's affiliates,officers,
directors,shareholders,partners and employees,as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the
recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to
the accuracy of any information in this solicitation.
Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposers
should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City
without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or
representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for
consideration,negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any
award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and
Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted
to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal.
This RFQ is made subject to correction of errors,omissions,or withdrawal from the market without notice.Information is for guidance
only,and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the
applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of
the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for
any reason,or for no reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to
disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent
permitted by Florida Statutes,until the date and time selected for opening the responses.At that time,all documents received by the
City shall become public records.
Proposers are expected to make all disclosures and declarations as requested in th i s solicitation. 6 sub mi ss ion of a Proposal,
the
Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information
sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and
complete,to the best of its knowledge,information,and belief.
Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the event of a final un-appealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ,or any response thereto,
or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated
damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and
Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ,it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be
governed by and construed in accordance with the laws of the State of Florida.
20 1 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal
PROPOSER CERTIFICATION
rheeby by certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
al; Proposer agrees to complete and unconditional acceptan ce of the terms and conditions of this document,
ve of this Solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto,
e Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
ions contained in the Solicitation, and any released Addenda and understand that the following are requirements
Solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
sed,or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
roposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
te of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
ve of the Pro osal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
ATTEST:
State of:
County of:
On this day of ,20 ,personally appeared before me _
who stated that (s)he is the_ of , a corporation, and that the
instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be
its voluntary act and deed.Before me:
Notary Public for the State of_
My Commission Expires:
21 RFQ 178-2013,Franchise Waste Contractors To Provide Residential&Commercial Waste Collection and Disposal