C2D-Issue RFQ Third Solid Waste Franchise Contractor To Provide Commercial ServiCOMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise
Contractor To Provide Commercial Waste Collections And Dis osal Services.
Item Summary/Recommendation:
The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste
Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami.
A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired
by Waste Services, Inc. As a result, the number of franchises available to the City for solid waste services
will be reduced from three (3) to two (2) upon the conclusion of the acquisition.
This item was referred by the Administration to the FCWPC for discussion and further direction. At the
Mach 21, 2013 FCWPC meeting, the Committee discussed the issuance of an RFQ for a third solid waste
franchise contractor to provide commercial waste collection and disposal services, all provisions will be
included with a term expiring on August 31, 2015 to coincide with the term of the two (2) existing franchise
waste haulers. The Committee recommended presenting the item to Commission with the RFQ so that
the City is prepared when the franchise contractor sale is finalized.
An RFQ was included in an item to Commission on May 8, 2013. During the discussion, one of the
Commissioners stated that a number of complaints had been received recently regarding missed pickups,
overflowing containers and other issues. The RFQ presented did not provide for enforcement in the event
that one of the haulers was not doing a proper job.
The scope of services, complaint resolution, and regulations for servicing dumpsters appear in Sections
90-229 through 90-235 of the City Code, and are included in the RFQ. The fine structure for violations of
these sections appear in section 90-39 and 90-40 and were revised to address the concerns raised by
Commission.
At the July 17, 2013 Commission meeting, the City Commission approved the Ordinance amendment on
First Reading. At the September 11, 2013 Commission Meeting, the City Commission approved the
Ordinance amendment on Second Reading. The Administration recommends approving the issuance of
the RFQ when the franchise sale is finalized. The RFQ should allow for the requirement of 50 licenses to
include those outside of City limits as allowed in the ordinance with City Commission approval.
THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFQ WHEN THE
FRANCHISE SALE IS FINALIZED.
Advisory Board Recommendation:
At the September 19, 2013 FCWPC, a discussion regarding the issuance of an RFQ for a third franchise
Solid Waste contractor for residential and Commercial Solid Waste collections and disposal was
presented. The Committee recommended that it be RFQ be brought up to the full Commission in October
for issuance approval, and then a decision will be made of either keeping a third or fourth franchise hauler
once the contract expires on September 15, 2014.
Financial Information:
Source of Amount
Funds: 1 N/A N/A
OBPI Total
Financial Impact Summary:
T:IAGENDA\2013\0ctober 16\RFQ-Waste Hauler RFQ. Summary.docx
C'e · /\1\fAMI BEACH 97
Account Approved
er
~
Agenda Item c~D
Date to~/6-1'> ,.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: REQUEST FOR APPROVAL TO I SUE A REQUEST FOR QUALIFICATIONS (RFQ)
FOR A THIRD SOLID WAST FRANCHISE CONTRACTOR TO PROVIDE
COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the issuance of the RFQ when the franchise sale is
finalized.
BACKGROUND
The City currently has three (3) contracts for solid waste/recycling collection and disposal with:
Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of
Miami.
At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a
Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential
and commercial solid waste collection and disposal services. This request was made after one of
the then existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was
acquired by Waste Services, Inc., leaving the City with three {3) solid waste franchise contractors.
The Commission referred the item to the Finance and Citywide Projects Committee (FCWPC).
At the January 19, 2012 FCWPC meeting, following discussion on whether to issue the RFQ, the
Committee recommended that the item be brought back to the Committee at the same time as the
City's proposed Recycling Ordinance. The three existing franchise contractors requested that an
RFQ not be issued.
The item was discussed again at the April19, 2012 FCWPC meeting, and the recommendation was
to bring the discussion to the full City Commission, determine whether or not to issue the RFQ or
accept additional public benefits from the contractors in exchange for keeping the number of solid
waste franchise haulers to the three (3) existing contractors.
At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as amended. A
motion was made to accept exercising the renewal/extension option for one-year only until
September 2015, in consideration that the firms will provide $390,000 per year starting immediately,
plus $25,000 dedicated for environmental programs through the life of this extension, in addition to
what is already being contributed.
98
Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor
May 8, 2013
Page 2 of 3
It was noted that, in order for the City to exercise an early renewal of the Franchise Agreements, the
City Commission would also have to amend Section 90-230(b) of the City Code, which currently only
allows for the renewal of a Franchise Agreement upon expiration of the initial term. At the
September 12, 2012 Commission Meeting, the City Commission approved the Ordinance
amendment on First Reading. At the October 24, 2012 meeting, the Commission approved the
Ordinance on Second Reading.
A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was
acquired by Waste Services, Inc. As a result, the number of franchises available to the City for solid
waste services will be reduced from three (3) to two (2) upon the conclusion of the acquisition.
This item was referred by the Administration to the FCWPC for discussion and further direction. At
the Mach 21,2013 FCWPC meeting, the Committee discussed the issuance of an RFQ for a third
solid waste franchise contractor to provide commercial waste collection and disposal services, all
provisions will be included with a term expiring on August 31, 2015 to coincide with the term of the
two (2) existing franchise waste haulers. The Committee recommended presenting the item to
Commission with the RFQ so that the City is prepared when the franchise contractor sale is
finalized.
An RFQ was included in an item to Commission on May 8, 2013. During the discussion, one of the
Commissioners stated that a number of complaints had been received recently regarding missed
pickups, overflowing containers and other issues. The RFQ presented did not provide for
enforcement in the event that one of the haulers was not doing a proper job.
The scope of services, complaint resolution, and regulations for servicing dumpsters appear in
Sections 90-229 through 90-235 of the City Code, and are included in the RFQ. The fine structure
for violations of these sections appear in section 90-39 and 90-40 and were revised to address the
concerns raised by Commission.
At the July 17, 2013 Commission meeting, the City Commission approved the Ordinance
amendment on First Reading. At the September 11, 2013 Commission Meeting, the City
Commission approved the Ordinance amendment on Second Reading.
At the September 19, 2013 FCWPC, a discussion regarding the issuance of an RFQ for a third
franchise Solid Waste contractor for residential and Commercial Solid Waste collections and
disposal was presented. The Committee recommended that it be RFQ be brought up to the full
Commission in October for issuance approval, and then a decision will be made of either keeping a
third or fourth franchise hauler once the contract expires on September 15, 2014.
A minimum requirement of the ordinance requires bidders to present evidence that they have at
least 50 committed accounts within the City limits. Alternatively, bidders may, at the discretion of the
City Commission, be considered if they can provide proof of having 50 accounts outside of the City,
Since it is difficult to comply with the minimum account requirement within City limits without first
obtaining a franchise license, it is recommended that the requirement of 50 licenses include those
outside of City limits as allowed in the ordinance with City Commission approval.
The administration is recommending that as it pertains to one of the minimum requirements of
having 50 committed accounts within the City or 50 accounts out side of the City, the commission
consider the latter due to the fact that it is very difficult to solicit work with out holding a franchise
license.
99
Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor
May 8, 2013
Page 3 of 3
CONCLUSION
The Administration recommends approving the issuance of the RFQ when the franchise sale is
finalized. The RFQ should allow for the requirement of 50 licenses to include those outside of City
limits as allowed in the ordinance with City Commission approval.
JGG/JJF/FRS
T:IAGENDA\2013\0CTOBER 16\RFQ-WASTE HAULER RFQ-MEMO.DOC
100
REQUEST FOR QUALIFICATIONS (RFQ)
RFQ 178·2013ME
FOR A THRID SOLID WASTE FRANCHISE CONTRACTOR TO PROVIDE
COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES
(9 MIAMI BEACH
DEPARTMENT OF PROCUREMENT MANAGEMENT, 3Ro Floor
1700 Convention Center Drive Miami Beach, Fl 33139
3 05-673-7 4 90
101
(9 MIAMI BEACH
RFQ 178-2013
FOR A THRID SOLID WASTE FRANCHISE CONTRACTOR TO PROVIDE COMMERCIAL WASTE COLLECTIONS AND
DISPOSAL SERVICES
Section I
Section II
Section Ill
Section IV
Section V
Section VI
Section VII
Section VIII
TABLE OF CONTENTS
Overview & Proposal Procedures ............... .
Minimum Qualifications Requirements .
Scope of Services ...................... .
Proposal Format .................. .
Evaluation/Selection Proce~s:., ...•............ ; .•• , .......... .
Special Terms & Conditions: lnsuran¢:~::: ............... .
Appendices:
A -Proposal Certifi
"'Requirements
102
3
6
7
14
(9 MIAMI BEACH ~ /v\1/>,;Vci BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, W#W.miomibeachR.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 786-394-4006
PUBLIC NOTICE
Sealed proposals, as detailed herein, will be received until3:00 PM on, November 20, 2013, at the following address:
City of Miami Beach City Hall
Procurement Division-Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
ANY PROPOSAL RECEIVED AFTER 3:00PM ON THE PROPOSAL DUE DATE;WILL BE RETURNED TO THE PROPOSER
UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY fOif SUBMITTING PROPOSALS BEFORE THE
STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE . THE CITY WILL NOT BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY R OCCURRENCE.
The City utilizes PublicPurchase for automatic notification of bid . ·
any addendum to this RFP. This system allows vendors to
awards. Registration is available through www.publicpurchase.com.
Any prospective proposer who has received this RFQ by any means other than
with PublicPurchase to assure receipt of any addendum,Jssued to this RFP.
assuring they have received any addendum issued to thi~'RFP;failure to receive
proposal submitted. · ·==··•· ..
nt fulfillment, ilicluding the issuance of
cation of new bids; addendums and
PublicPurchase must register immediately
proposers are solely responsible for
may result in disqualification of
Proposers are hereby advised that this RFQ is subject to the ~r'."'l'\"'"nn.··~l'lr,,,Q,jJWC"~nc;;:,.vn:n•u• which may be found on the City of
Miami Beach website: www.miamibea ov/procurement.
• CONE OF SILENCE--.. ~~ . ~~p. 2002-3378 :
• PROTEST PROCE~;M"I{~S --ORD ... :,W;PE NO. 2002-3344.
• DEBARMENT PR~i:DlNGS --ORtlilf.jANCE NO. 2000-3234
• LOBBYIST REGISTRAfiQ:~&ND DI~GkQSURE OF FEES --.QRDINANCE NO. 2002-3363.
• CAMPAIGN CONTRIBUTION~BY v:f~OQ~ · INANCENO. 2003-3389.
• REQUIREM~T JQR Cl'fY;~~,~IRACTOR • VIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS -
ORDINANCEN0:~2005--3494 ··::.~.::;t,
• UVING WAGE REQUIR~ENT --OR\~.:;~
• LOCAL PREFERENCE FOR MIAMI BEAt · 'sED VENDORS-ORDINANCE NO. 2011-3747.
• PRE~~RENCE FOR FLORibKSMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-
CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES~ ORDINANCE NO. 2011-37 48.
• CODE OF BUSINESS ETHICS.:: RESOLUTION l'iO. 2000-23879.
All questions or requests fQj:J:Iarificatio~s 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 copied on any question or
comment submitted in responSe to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a wrillen
addendum.
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,
Alex Denis, CPPO
Procurement Director
1 I RFQ 178-2013. Waste Haulers
103
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 sheeffrom the RFQ documents,
complete the information requested, and return to the address list~d above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND(pR INDICATED:
_ Not responding due to workload issues
_ Not responding due to minimum qualificatio
_Not responding due to scope of services
_Not responding due to project's size and/or comple
_OTHER. (Please specify)---~-:--------
Note: Failure to respond, either by not submittlng a prb~:Osal or this comple,, form, may result in your company
being removed from the City's bid list. .. ,r:v
We do do retained on your mailing list for future proposals for the type or
product and/or service.
Signature:
Feedback
The City of Miami ~~ach is interested in cqptinuously improving the process through which it accuires required goods and services. Your
feedback is important: PI&('I§B provide any {;Omments or suggestions which may assist the City in this endeavor, including infonnation on
requirements, timelines, and:~licitation fonns.
2 I RFQ 178-2013. Waste Haulers
104
SECTION I -OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION I BACKGROUND
e MLANdBEACH
The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade
County, Waste Services, Inc., and Choice Environmental Services of Miami.
A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired by Waste Services,
Inc. As a result, the number of franchises ava~able to the City for solid waste services will be reduced from three (3) to two (2)
upon the conclusion of the acquisi~on.
Multi-family buildings with over 8 units are considered commercial accounts and must h~ , , aste and recycling services
provided by one of the City's franchise holders. Multi-family buildings will be able tQ;;~etermine if an offer by a solid waste
franchise hauler is acceptable and appropriate, or they may choose to decline. ltj~'l'~f''ii§. ·rement that the franchise holder's
written acknowledgement of both the offer and any declination of service, is pro\!· eij' to t~·~ · · · ·.
The Ordinance includes language to allow a multi-family building owner to 'protest an offer yide recycling services if
viewed as unfair. An appeal for an Administrative Hearing has been added to address this concern ift':$ection 90-231.
'-o,: ~~\;~:':<;.
If an offer of recycling by one of the licensed franchise holders. is declined, a multi-family dwelling wou .~<have both the
ability and the responsibility to find another qualified and licensed recycling collector. to provide service to b~n compliance with
the City recycling requirement. · •· · ·••'· ""
One of the Ordinance requirements for all franchise hnlrt~:~rc: and a very importantoornponent of this program, is that each offer
made by a franchise holder to provide recycling bined with an appropriate offer to reduce both the volume and
the cost of solid waste disposal for that specific building. In such way, the multi-family residential
building should be able to decrease solid waste disposal neutralize or minimize any potential cost increase
associated with the provision of recycling services. The as to the reduction of wastes for the
cost associated with any of the servi.~.is left between the reconcile.
Section 90, Articles I -V, ofthe MiamiBeach City Code,
including all contractor and seriice requirements, shall apply to
C. PROPOSAL SUBMISSION DUE DATE
November 8, 2013
November 10, 2013
November 20, 2013
To Be Determined
January, 2014
Following Commission Approval
AA 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
31 RFQ 178·2013. Waste Haulers
105
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 RFP, 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 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.
4
D. PRE-PROPOSAL SUBMISSION MEETING
A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(8) at 10:00 a.m. at the following address: City of Miami
Beach City Hall-4th Floor, 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 ~~;f~~Mktion, 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: 1-877-953-3061 (Toll-free North America) .. :.c,····-~
(2) Enter the MEETING NUMBER: 8982915#
.i~~:Jl~~d: ·';;~,
Proposers who are interested in participating via telephone should s~oo:;arre.:mail to the""C9ntact person listed Section E of this RFQ
expressing their intent to participate via telephone. ~ · ·
E. CONTACT INFORMATION
Contact: Telephone:
Maria Estevez, CPPB, CPPO 305-673-7000, Extension 6558
Requests for additional information or requests for clarifications 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 RafaeiGranado@mlamlbeachfl.gov, no later than the date specified in the RFQ timetable.
F. RESPONSE TO
The Procurement contact will
addenda issued prior to the CIS!~!lHJ)e
(whether verbal or written),·
Department of Procurement
G. CONE OF SILENCE
'"""'''""uuM TO RfQ =~-.
and any ot~( corrections or amendments, as he deems necessary, in written
the RFP. Prop6sers should not rely on representations, statements, or explanations
.. -. this RFQ or in any written addendum to this RFQ. Proposers should verify with the
· ng a Proposal that all addenda have been received.
Pursuant to the city's Cone Of Silence
communications between the proposer
members_ pffile City's Administrative •.... , ... _
is prohibited. · ·• .• -.. -
rdinance, as codified section 2-486 of the City Code, proposers are advised that oral
and 1) the Mayor and City Commissioners and their respective staff; or 2)
to the City Manager and his staff}; or 3) Evaluation Committee members,
H. MODIFICATION/WITHDRAWALS OF PROPOSALS
A Proposer may submitCI modified Propoi~!to replace all or any portion of a previously submitted Proposal up until the Proposal due date
and time. Modificationsr~lv~d after the:fProposal due date and time will not be considered. ,c, --~
.....
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiraUon 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.
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 RFP; postpone or
cancel, at any time, this RFQ process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP.
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.
4 I RFQ 178-2013, Waste Haulers
106
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 ofthEfProposals, 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 orlegal right of any ~ind shall be created at any time
until and unless a contract has been agreed to; approved by the City; and parties. · · " .
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for !':At1~m1rm
pursuant to the City's bid protest procedures (Ordinance No. """~"'-2"''~u.·,~;>,;1
Protests not timely made pursuant to the requirements of Ordinance
:, accordance with ttie proceedings established
· 2-370 and 2-37f<ofthe City Code.
:b!! barred.
c~-
0. OBSERVA~E OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal, State, vU\Jll!J.?c. nd City laws, ordinances, codes, rules and
regulations, and all orders and decrees of bodies or tribunals havio_g jurisdiction or auth , in any manner, may affect the scope of
services and/or project contemplated by this RFQ (including, wilt'!otlt limitation, the Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regu!ations~aiid guldeli11es). Ignorance on the part of the Proposer will
in no way relieve it from responsibility for compliance.
P. DEFAULT
Failure or refusal of the "u""'"'~'"'
withdrawal of a Proposal
liquidated damages to the
grounds for removing the ... rnnn"'"'
R.
te a contract following approval of such contract by the City Commission, or untimely
and approve~, may result in forfeiture of that portion of any surety required as
required, such failure may result in a claim for damages by the City and may be
dor list.
~1~-~:: ... , director, agent, or immediate family member (spouse, parent,
Beach. Further, all Proposers must disclose the name of any City employee
or more in the Proposer entity or any of its affiliates.
Before submi ,Proposal, each er be solely responsible for making any and all investigations, evaluations, and
examinations, as I t~m~ necessary, to · .. · .... lain all conditions and requirements affecting the full performance of the contract. Ignorance
of such conditions anCi ·"+~ irements, and/arJailure to make such evaluations, investigations, and examinations, will not relieve the Proposer
from any obligation to .ith every"~ail and with all provisions and requirements of the contract, and will not be accepted as a basis
for any subsequent claim w ever~t~~ny monetary consideration on the part of the Proposer .
.. ·:~
S. RELATIONSHIP TO THE'CITY
It is the in lent 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
5 I RFQ 178-2013, Waste Haulers
107
----------------------------~
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. 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. Proposers shall be solely responsible for ensuring that all applic~qle provisions of the City's Cone of
Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, includfn§·repdering 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, th~t 1 s De ·
to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the_Qity C&:le).
,>c->c,.c, "'\,
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 Finan m laJVS, as codified
in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all appl~~l)rovisions of the
City's Campaign Finance Reform laws are complied with, and shall be subject to any and all,sanctions, as prescri~ therein, including
disqualification of their Proposals, in the event of such non-compliance. ::-· ·~ · tt
; ;, ~ ' c
Y. CODE OF BUSINESS ETHICS
Pursuant to City Resolution No.2000-23879, each perso .. ., · r·,, .. nttn• that seeks to do business with the City shall adopt a Code of Business
Ethics ("Code") and submit that Code to the Procurement bid/response or withinifiv,e (5) days upon receipt of request
The Code shall, at a minimum, require the Proposer, to
others, the conflict of interest, lobbying and ethics provision of
Z. AMERICAN WITH DISABILITIES ACT {ADA)
rules and regulations including, among
Dade County.
Call 305-673-7490 to request material in accessible format; sign (five (5) days in advance when possible), or
information on access for persons 'with disabilities. For more intnrm!11til'll1>~nn ADA compliance, please call the Public Works Department, at
305-673-7000, Extension 2984.
AA. ACCEPTANCE OF GIFTS, FA~ORS; SERVICES .. ~. ,
Proposers shalloot~fff: a!uities, favor5, or anything of monetary value to any official, employee, or agent of the City, for the purpose
of influencing};:Qnsidera Jhiseroposal. Pursuant to Sec. 2·449 of the City Code, no officer or employee of the City shall accept any
gift, favor Q i .,oW iCe that might reason~ tend improperly tO influence him in the diSCharge Of hiS OffiCial dutieS.
·"" ~;·':'-:~ "'="'"~ ·.,:·~~-. · ..
.4tJ~ ·~·._i>"' .: · .. !.'. ·,. .
SECTION'' IMUM QUALIFICAT E UIREMENTS
Pursuant to ~~.,.90-229, Miami Be ity Code: the minimum qualifications to be considered in the granting of the franchise shall
include: 'ki•/ii(:, •..
(1) Evidence of th~ ·~::~~;. t's ability to f~lJil all duties and requirements of a franchise waste contractor, as set forth in this chapter, and
including, without limita per certifi ·:on and adequate insurance coverage.
(2) Certification that the ap ~-· as ''r defaulted on any government contracts or bid awards.
(3) Evidence that the applicant". a,~:. e potential for a significant amount of business within the city, comprised of either a minimum of 50
committed accounts within the c(tf;'ln the alternative, and at its sole discretion, the city commission may accept as evidence of compliance
with this subsection, 50 comparaole 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-
J.M, et seq., or oth€r franchise waste contractor under section 90-221, et seq., 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,
6 I RFQ 178-2013, Waste Haulers
108
parks, and/or beaches; voluntary cost and/or fee reductions; andfor such other city public benefits and/or services as the city manager may,
in his reasonable judgment and discretion, from time to time, require.
(b)lf more than one applicant for a franchise waste contractors license qualifies under the minimum qualifiCations of this division, 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 benefi~s) to the city (pursuant to subsection 90-229(a)(7)).
SECTION Ill -SCOPE OF SERVICES
All scope of services provided in response to any resulting agreement shall comply with the requirements of the
Sec. 90-222. -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 "''fl::~ · ·
(6)The address serviced by each recycling container. ,::lH;~!;l(or;g~,
(b) No property owner may share an account with another nrnr''""'"''"''n"'
(c) Notwithstanding subsection (a)(1 ), the contractor shall in writing, on a montiJiybasis, of any changes
in its list of accounts. ·'
(d) Each franchise waste contractor shall notify the City ofall discontinued prior to the accumulation of
garbage on the previously serviced premises.
Sec. 90·223. -Monthly report.
Each franchise waste contractor shall deliver to. the finance department, re the last day of each month, a true and
correct monthly report of gross receipts generated ~~.iring the previous within the city. This monthly report
shall include the customer names, service addre$Ses, account numbers, aunt of solid waste and of any
recyclable materials collected from each customer" Payments.,of the franchise· be made monthly to the finance
department, on or before the last day of each month;:ror gross r~ipts for the Contractors shall, on or before 60
days following the close of their respective fiscal yeaCdeliver td tfi'e · ·· ... , . a statement of annual gross receipts
generated from accounts withil1:,~~.,£ity for the preceding fiscal year, certified· .. · an independent certified public accountant. The
contractor's failure to pro · -]he.~ statement of annual gross receipts within the required time frame shall be grounds for
revocation or suspensi the fran'
Sec. 90-224.-Audit or ins dooks and records;
Each franchise wa:Sf tor shall a' ow the city's auditors, upon reasonable notice and during normal business hours (i.e. 9:00
a.m. -5:00 p.m. Monda ttirough Friday, excluding legal holidays), to audit, inspect and examine the contractor's books and
records, and state and feder~ftal< YX~I~te to city accounts, to confirm the contractor's compliance with this
division. This=information shall Ift" without tr 'jrthe following: billing rates, billing amounts, sequentially pre-numbered
invoices, signei:l receipts; trip ticket .. euter records, general ledgers, and accounts receivable. Additionally, the city's auditors
.111ay communicate direct!~ with c?ntr~c~~: ustom,.ers for purposes of con.firming compli~nce with this d~vision. Failure to allow
access to any books and records 1n th1s s ' 'all be grounds for revocat1on or suspens1on of the franch1se.
Sec. 90~225. • Failure to pay franctli$e fee.
If a franchise waste contractor fails to pa any franchise fee (as set forth in section 90-221 ), when due and within the lime
provided, the qontractor shall pay any and all of the city's expenses for collection of same, including, without limitation, audit costs
and reasoriabl~ 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-aecrue on the amount due at the highest lawful rate of interest.
Sec. 90-226. -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. 90·227. • 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.
7 I RFQ 178-2013, Waste Haulers
109
Sec. 90-228. -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 ()r. 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 identiftcation cards, approved by the
city manager or his designee, at all time(s) while servicing accounts. In addition to the req~ired solid waste and recyclable
materials collection pursuant to the provisions of this section 90-228, .... , other requirements of this chapter, contractors shall
include the collection of garbage, rubbish, trash, and recyclable to and within that .immediate area of the owner's
private property line where a dumpster, compactor, recycling , or facility may be locat!!d and, at a minimum,
within a radius of ten feet surrounding the location of said containe or garbage facility, regardless of whether such
garbage, rubbish, trash, or recyclable materials may or may . · in a recycling container, or other garbage
facility. Such immediate collection of garbage, rubbish, trash or be incorporated by .fX>Otractors as part of
their regularly scheduled service pickups. -
Sec. 90-229.-Selection of franchise waste contractors.
(a) Except as provided in section 90-233, the city shall not authorize more . . franchise waste contractors for residential and
commercial solid waste collections and disposat· Each applicant for a · ·• •. : ·· · or for a renewal thereof, shall submit its
qualifications, in writing, to the city manager. The' minimum qualifications to be '·I.· · the granting of the franchise shall
include: ·
(1) Evidence of the applicant's ability to fulfill all duties and requirements of waste contractor, as set forth in
this chapter, and including, without limitation, proper certificationalld insurance coverage.
(2) Certification that the applicant has never defaultedOn any government contracts or bid awards.
(3) Evidence that the appflcant has the potential for a significant amount of business within the city, comprised of either
a minimum of50 committed accounts within the city. In the alternative, and at its sole discretion, the city commission
may accept as evidence of c:O,rriptiance with this subsection, 50 comparable committed accounts from outside of the city.
(4) Certification that there are'no unsatisfied judgments against the applicant.
(5) Certification that the appljccmt is not, and will not be, throughout the term of the franchise agreement, affiliated with,
as.~~arent, subsidiary, by virtue ofaJ11£l~erlocki~g;directorate, or otherwise, an affiliated entity of any existing, private
·»J~coo.traQtor under section 90-19~,··et seq.;•or other franchise waste contractor under section 90-221, et seq.,
,. ·includlngany cu nt or prospective applicants therefore.
(6) The appir··· ~ility and commitment to provide its customers with:
a. Go ·ice; .
b. Com .:ipnces; arid.
:~. c. Demonsiffi~ and/or proposed "green" initiatives.
··:1 :(TI:~lhe applicant's a · '' nd commitment to provide additional 'public benefit(s)" to the city which may include, without
liri'!ilfitiQJl, provision o . , . itional waste collection, disposal, and/or recycling services (at no cost to the city) to city rights-
~~,,,,:~-L:.r<-t.,>).i'o'; of-W'ay'i'~ty-owned public buildings, parks, and/or beaches; voluntary cost and/or fee reductkms; and/or such other city
public beij~fits a ,.. :services as the city manager may, in his reasonable judgment and discretion, from time to time,
require. ··~· ......
(b) If more than one a . . ant for a franchise waste contractors license qualifies under the minimum qualifications of this division,
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 subsection 90-229(aX7)).
Sec. 90-230. ·Term of franchise agreements; initial term; renewal term.
(a) Effective May 1, 2010, franchise agreements shall have an initial term of five years. As to those certain franchise agreements
between the city and franchise waste contractors in effect as of May 1, 2010, but having an initial three-year term which
commenced on October 1, 2009, said initial term shall be extended from three to five years (with the five-year term commencing
retroactively as of October 1, 2009).
(b) At the expiration of the initial term of a franchise agreement, or earlier revocation of the franchise, the city commission may
choose, in its sole discretion, to accept applications for new franchise waste contractors, or, in the alternative, to renew an existing
franchise agreement for an additional three-year renewal term.
sl RFQ 178-2013. Waste Haulers
110
Sec. 90·231. • 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; wqyided, however, that the recycling
proposal (and the required savings offset) shall remain within the purview ocmefr~hise waste contractor and the
particular account holder to negotiate. ,,,.~. "''
(4) Effective May 1, 2010, all contracts between a franchise waste conl[at!otand an account holder for the collection
and disposal of solid waste in the city shall be modified to include a ~JsjVisiont()"q,er/provide recycling, consistent with
the provisions of this subsection 90-231 (a). The franchise waste '" tor sha~ given a six-month grace period
commencing on May 1, 2010, to amend all of its contracts (incl4ding racts with· l 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:qqO,~ (hereinafter, the offer)
provided by the contractor to an account holder who is an owner, occupant, or operator or manager of}:(' artment building or
other multifamily r~sidence, is deemed unfair by said owner, oceupCJnt. or operator or manager, then the party may file
a protest with the city manager. Any such protest must be submitted-inwriting; m.~.~t. be made within 30 day receipt of the offer
by the aggrieved party; must include a copy of the offer; and must clearly state the reasons and grounds t t the aggrieved party
considers the offer to be unfair. Protests not made within the time period setforth in the preceding sentence shall be time-barred
and shall receive no further consideration. Uponreceipt of a timely written p@est, the city manager shall provide a copy to the
particular contractor, who may respond to the pro'''· ,ip 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 a ~ff · hearing be scheduled to consider the protest {which hearing need
not necessarily be held within the 30-day period). .,.,'19 rty and contractor shall be given written notice, certified mail
return receipt requested, of the hearing date. The hearing s . dUeled by the city manager, or a designee appointed by the
city manager, and shall be conducted in accordance VJifh the ''liS:!~ · is ed pursuant to section 102-385. At the hearing,
the city manager or his designee may hear testimony ani:t.c er any r~ vidence from the parties regarding the subject
protest and, at the conclusion o(the hearing, the city .. ,... er or his de e shall make a written determination as to the
fairness or unfairness oftne protest An offer shall not be' . emed to be unfair if it provides for prices, terms, and services as
would be provided to buildings of comparable size and chara"' ~! within the area, and which is competitive within the local industry
standards. If the offer is deemed unfair, the city manager, or ffie ,city manager's designee, shall require the contractor to provide
the aggrieved party with a 11~~pffer that meets the minimum c~Iena for fairness (as established in the preceding sentence). The
contractor's failure or refusal':\tQ prqvide a Jai[ alt13mate bid :'and/or quote may be grounds for suspension or revocation of
·· reemerif' :· "-·• ' .· ··· ··
..V.ii\tr<ii .. 1"• becomes insolvent or if the contractor files a petition of voluntary or involuntary bankruptcy, its
nolatet.than the date of filing of the bankruptcy petition.
ling~~;
of sections 90-221 through 90-231, until such time as the city commission approves and
ram for multifamily residences. which program may also include recycling for commercial
df:!;J~o .. ,;tt.~rl by section 403.7046, Florida Statutes {hereinafter, the "city-wide recycling program"),
nse individual recycling contractors (pursuant to section 90-306 et seq.).
at any time to approve and implement a city-wide recycling program, the city manager shall
waste contractors {subject to and as permitted by Section 403.7046, Florida Statutes), for the
and conditions connected with the provision of recycling pursuant to the city's program, and as to
that portion of the 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.
(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:
9 I RFQ 178-2013, Waste Haulers
111
(1) Entering into an agreement with other persons to provide recycling to accounts serviced by franchise waste
contractors;
(2} Entering into an interlocal 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.
(D 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 ti~to time.
Sec. 90-234.-Revocation of franchise. · ·
Failure on the part of a franchise waste contractor to comply in any material way with !he provisions of this chapter or with its
franchise agreement shall be cause for termination and revocation of the franchise, but no such termination shall take effect if the
reasonableness or propriety thereof is protested by the contractor until a cOli!Lof competenljurisdiction (with right of appeal in
either party) shall have found that the contractor has failed to comply in riaF·t~spect with any of the provisions of this chapter
or of the contractor's franchise agreement with the city. If such protest ~· tne contractor shall continue to pay the city the
franchise fee required by this chapter and its franchise agreement city.~
Sec. 90-235. -Required certification and disclosure form for
(a) Effective May 1, 2010, all contracts between a franchise .
of solid waste in the city shall require the franchise con
the contracting party, which is the contractor's customer/account
Miami Beach franchise waste contractor customers), in the form soecltle~o'
forms shall be the franchise waste contractor, maintained along with l"'nn·tr::or't~
(b) In order to enforce the provisions of this section:, the city manager and/or
the term of the franchise, request that the franchise wa$te contractor provide true
for its customer(s)/account holder(s). Contractor's compliance \Vltll· this section may
pursuant to section 90-224 · ·... · · . . . .
{c) A franchise waste contractor's failure to comply with the provisi9hsofthi~ ~139~on
of contractor's franchise ....... with the city. ·· · · · · ·
t holder for the collection and disposal
re the franchise waste contractor to have
disclosure and certification (for City of
1. The executed certification and disclosure
and other records.
olhr•ri?<>ri designee may, at any time during
of any or all disclosure forms
enforced by city audit or inspections
be grounds for suspension or revocation
process and asSist the Evaluation Committee in review of proposals, it is strongly
in accordance with.the sections and manner specified below. Hard copy submittal
d be tabbed as enumerated below and contain a table of contents with page
contents with page references.
TAB 2 I
Qualifications of Proposing Firm. experience and qualifications of the Proposer in providing the services detailed
herein. ·
Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the
role that each team member wlll play in providing the services detailed herein and each team members' qualifications. A resu~
of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team
member to be assigned to this eontract.
Financial Capacity.
2.4.1 D&B REPORTS. The prospecUve 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
httos://supplieroortal.dnb.comfwebapp/wcs/stores/servlet/SupplierPortal?storeld= 11696
10 I RFQ 178-2013. Waste Haulers
112
--------------------------------
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
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, past performance, as
well as other factors, may be assessed.
TAB 3 • e of Services & Methodolo
Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information,
as applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other
factor that may impact the successful completion of the project. -
In addition to clearly addressing how Proposer will comply with the requirements of this RF~1 :i~B~~jng those requirements noted
in the scope of services section and in Section 90, Articles I -V, of the Miami Beach City Ceq~; proposer shall address
the following scope of services requirements: o. • •
• customer service;
• environmental sustainability {green) initiatives;
• any and all value-added services related to the scope of this RF,
,,.\.;ttitE~~-
11 I RFQ 178-2013, Waste Haulers
113
SECTION V-EVALUATION I 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 RFP. If further information is desired, Proposers may be Hlquested 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 Pro~r$ that it deems to be the best
6.
7.
9.
10.
candidate(s) by using the following evaluation criteria: ·· :c~'"':;c:'-:
25
75 Scope of Services and Methodology, including:
Customer Service
Environmental Sustainability {Green) lnitiati.~s
Value-Added Services .:.:;.
. .. . . . ' .
LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five {5) poi Proposers which
are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. ·
VETERANS PREFERENCE: The City, throug)'l the Procurement Division; will assign an additional five (5) points to Proposers
which are a small business concern owned an,,~ oiled by a veteran(s) or a service-disabled veteran business enterprise, as
defined in the City's Veterans Preference Ordinan ·
The City Manager shall recommend to the City Com , ,c I or Proposals which he deems to be in the best interest
of the City. '\~(,,, , ,
The City Commission shall consider the City Manager's f~o n a 1on an 2' ropriate, approve such recommendation. The
City Commission may alse~'?(\t.S~op.tion, reject the City·~ .. , ager's recomrT);~\ ation and select another Proposal or Proposals
which it deems to be in th~best interest of the City, or it may~tso reject all Proposals.
Negotiations between the"City and the selected Proposer(s)"UI take place to arrive at a mutually acceptable Agreement. If the
City Commission has so dire~ted, the City may proceed to n'eg()~~te an Agreement with a proposer other than the top-ranked
~~~ :~ . w
The final proposed agreemenf(~lWiH be pres~ntj3dtotbe City Commission for approval.
If the approve<! by the City c6r\imtssion, the Mayor and City Clerk shall execute the contract{s), after the
. (or have) done so.
ll[~f'' .. totl • .-u"'.-"'" SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY
12 I RFQ 178-2013, Waste Haulers
KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID
AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH
114
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, Jrd Floor,
Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
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,
Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per 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 '" connection with the
work, in an amount not less than $1,000,000 combined singl ~~:Jtper occurrence forbodily injury and
property damage. ...,,!,, ·
All insurance policies required above shall be issued by comp~,H ...
Florida, with the following qualifications: •
The company must be rated no less than "B" as to management,
strength, by the latest edition of Best's Insurance Guide, published · y:'
Jersey, or its equivalent, subject to the approval (')f the City Risk Managet
or
The company must hold a valid Florida Certificate of Authority as shown in t~e latest "List of All Insurance Companies
Authorized or ·· in Florida" issued by the State of Florida Department of Insurance and are
members of the .. ,"r"'""·''"''
Certificates will indicate no 1110tll'fiGj~
certificate holder.
CERTIFICATE HOLDER.
CITY OF MIAMI co::·Mo~n
1700 CONVE
3RDFLOOR · ...
MIAMJ~EACH, FL 33139 c
in insurance shall be made without thirty (30) days in advance notice to the
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 ag~~·~ment.
131 RFQ 178-2013, Waste Haulers
115
SECTION VII-GENERAL CONDITIONS
t 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 ol the City, or the
compensation to be paid to the Proposer.
2. DEFINITIONS. The following words, terms and phrases, when used,
shall have the meanings ascribed to them except where the context
clearly indicates a different meaning.
a. Proposal -shall refer to any offe~s) submitted in response to
this solicitaton.
b. Proposer /Contractor/Offeror -Any individual, firm, or
corporation submitting a proposal for this Project acting dinectiy
or through a duty authorized representative.
c. Proposal Solicitation -shall mean this solicitation
documentation, including any and all addenda.
d. Proposal Submittal Form-defines the requirement of items to
be purchased, and must be completed and submitted with
Proposal. The Proposer should indicate its name in the
appropriate space on each page.
e. City-shall refer to City of Miami Beach, Florida
I. City Commission-City Commission shall mean the governing
and legislative body or the City.
g. City Manager -City Manager shall mean
Administrative Officer ol the City.
h. Comparable Facility -A facility that, when
use. revenue. and other applicable criteria. is i
Miami Beach Convention Center (MBCC) which
million gross square loot facility averaging a minimum
million in annual gross food and beverage sates.
Controlling Financiallnte~t:".means the ownership,
or indirectly, of 10% oni!Ore of tile CiU!Sianding capital stock i
any corporation or a direct or indirect Interest of 10% or more in
a firm. .
j. Domestic Partner. The term Domestic Partner shall mean any
two (2) adults of the same or opposite sex, who have registered
as domestic partners with a S<wemment body f)U(5uantto state
all
City.
ng such ~i$traUon, or with an internal
the empJOYe( of at least one'nf:cibe
((:~l!llrEictol maflnStitute an internal registry
benefits to employees with
their partnerships pursuant
registratioO:or who are
governmental domestic
Evaluation of individuals appointed
by the City ' indude City personnel, residents,
industry experts individuals whose purpose is to
evaluate the received in response to this RFP and
who may ' non-binding recommendation to the City
Manager on the selection of a short-list of proposer (s) who the
City Manager, at his or her discretion. may present to the City
Commission for consideration and, if approved by the City
Commission, who may be further considered during the contract
negotiation phase.
m. Firm -means a corporation, partnership, business trust or any
legal entity other than a natural person.
n. Negotiation Team -A committee of individuals appointed by
the City Manager that may include City personnel, residents,
industry experts and other individuals whose purpose is to
141 RFQ 178-2013. Waste Haulers
116
0.
p.
q.
negotiate a contract, after City Commission has approved a
short-list of proposer (s), and who may make a non-binding
recommendation to the City Manager on the selection of short-
listed proposer (s) who the City Manager, at his or her
discretion. may present to the City Commission for
consideration and final award.
Successful Proposer -shall mean the Proposer (s) recommended
for award.
Term Applicant -shall mean an individual, partnership, or
corporation, which submits an application in response to this
solicitation.
Responsible Proposer :A proposer who is qualified, as determined
by the City, on the basiS or the following criteria:
• Whether the p'roposer can pertorm the contract within the time
specified, WilhQU.tdelay or interference.
The charactel';~nteg~ty. reputation, judgment, experience and
efficiency of the proposer .
• The quality of performance of previous contracts.
The previous and existing oompliance by the proposer with
laws and ordinances relating to the contract
r. Responsive Proposer -6 proposer .whpse submittal is determined
by the City to be in conformance with th~;~. requirements,
.,_ and specifications detailed in the specificati6'~s:: i' ·.' .
s; :·· :"Yendor -a person and/or entity. which has been selected by the C1ty
/'~:~s the successful proposer on a present or pending proposal for
gOods, equipment or services, or has been approved by the City on a
present Or pending award for goods. equipment or services, prior to or
upon execution of a contract. purchase order or standing order.
For additional information about on·line vendor enrollment or
vendor pre~qualification,. please contact Procurement at 1700
Convention Center Drive, Miami Beach, FL 33139; Phone 305-673-
7490. Or email: · · ·'
~~!!.!!]~~~!!!!~!!!&12! Vendors can register with the
website: www.miamibeachfl.gov and click on
City Departments.
D. Deduct trade discounts and quote firm net prices.
Give unit price and extended total, when requested. Prices must
be stated in units of quanUty specified in the proposalding
specifications. In case of discrepancy in computing the amount of the
proposal. the UNIT PRICE quoted will govern. All prices must be
F.O.B. destination, freight prepaid (unless otherwise stated in Special
Conditions). Discounts for prompt payment; The Proposer may offer
cash discounts lor prompt payments; however, such discounts will not
be considered in determining the lowest price during proposal
evaluation. Proposer s are requested to provide prompt payment
terms in the space provided on the Proposal submittal signature page
or the solicitation. Award, if made, will be in accordance with terms
and conditions stated herein. Each item must be proposal separately,
and no attempt is to be made to tie any item or items in with any other
item or items. Cash or quantity discounts offered will not be a
consideration in determination of award of proposal(s).
4. TAXES. The City of Miami Beach is exempt from all Federal Excise
and State taxes.
5. MISTAKES. Proposer s are expected to examine the specifications,
delive!)' schedules, proposal prices, and extensions, and all
instructions pertaining to supplies and services. Failure to do so will
be at the proposer 's risk and may result in the proposal being non-
responsive.
6. CONDITION AND PACKAGING. Proposer guarantees items offered
and delivered to be the current standard production model at time of
proposal and shall offer expiration dating of at least one year or later.
Proposer also guarantees items offered and delivered to be new,
unused, and free from any and all defects in material, packaging and
workmanship and agrees to replace defective items promptly at no
charge to the City of Miami Beach, for the manufacturer's standard
warranty but in no case for a period of ress than 12 months from date
of acceptance. All containers shall be suitable for storage or
shipment and all prices shall include standard commercial packaging.
7. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in
the Proposal, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been
established by U.L. for the item(s) offered and furnished.
B. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City
Commission reserves the right to waive any informalities or
irregularities in this Proposal; or to reject all proposals, or any part of
any proposal, as it deems necessary and in the best interest of the
City of Miami Beach.
9. EQUIVALENTS. If a proposer offers makes of equipment or brands of
supplies other than those specified in the Proposal specifications, he
must so indicate in his proposal. Specific article(s) of
equipment/supplies shall conform in quality, design and construction
with all published claims of the manufacturer.
10. The proposer shall indicate in the Proposal Fomn the manufacture(s
name and number if proposing other than the specified brands, and
shall indicate ANY deviation from the specifications as listed in the
Proposal. Other than specified items offered requires complete
descriptive technical literature marked to indicate detailed
conformance with specifications. and MUST BE INCLUDED WITH
THE PROPOSAL NO PROPOSALS WILL BE CONSIDERED
WITHOUT THIS INFORMATION.
11. Lacking any written indicaticn of intent to quote an alternate brand or
model number, the proposal will be considered as a proposal in
complete compliance with the Proposal specifications.
12. Note as to Brand Names: Catalog numbers. manufacturen;' and brand
names, when listed, are infomnational guides as to a" · · . of
acceptable product quality level only and should not be co
an endorsement or a product limitation of recognized and
manufacturers. Proposer s shall formally substantiate and ve
product(s) offered conform with or exceed quality as listed '
specifications.
13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part
this solicitation that before, during, and a~r a public emergency,
disaster, hurricane, tornado, nOOd. or other !l~ .of fence majeure that
the City of Miami Beach, t=IO~da shall receive a "first Priority" for any
goods and services ooliei'ed u.nder any aw'a.Ki resulting from this
solicitation, including balance of line items as applji:able. It is ~ital and
imperative that the majority of citizens are protected from any
emergency situation that threatens public heallfl and safety, as
deterrnin . By ~irtue ofsubmitting a response:k:ili~. · ·
solicila • provide aH award-related goOdf'~rid ·,.
· rity' under the emergency conditions
·cT CONDITIONS. Items may be
r compliance with s ··~ans. ItemS: :delivered, not
,to specifications, may'W~iejected a~ ietumed at the
propo .;. ~~~nse. These items, as .. Well as items not delivered as
per delivery .dale in proposal and/or. purchase order, may be
purchased byL · · , at its discne ·::~l on the open market. Any
increase in cosl charged a the proposer . Any violation
of these stipulatio ;!lso 1n the proposer 's name being
remo~ed from the Ci · ·
15. PRODUCT INFORMATici~~§o"' Product literature, specifications,
and technical inforrnai\Oh: including Manufacturer's Safety Data
Sheets (MSDS) should be provided with this proposal as an
attachment to the 'PROPOSAL FORM". However. in all cases must be
pnovided within five (5) calendar days upon request from Purchasing
Agent.
16 SAMPLES. Proposals submitted as an 'equal" product must be
acoompanied with detailed specifications. Samples of items, when
required, must be furnished free of expense and, if not destroyed, will,
upon request be returned at the proposer's expense. Proposers will
be resjXlnsible for the removal of all samples furnished within (30)
days after proposal opening. All samples will be disposed of after
15 I RFQ 178-2013, Waste Haulers
117
thirty (30) days. Each individual sample must be labeled with the
proposer 's name. Failure of the proposer to either deliver required
samples, or to clearly identify samples may be reason for rejecton of
the proposal. Unless otherwise indicated, samples should be delivered
to the Procurement Division. 1700 Convention Center Drive. Miami
Beach, FL 33139.
17. DELIVERY. Unless actual date of delivery is specified (or if specified
delivery cannot be met), show number of days (in calendar days)
required to make delivery after receipt of purchase order, in space
provided. Delivery time may become a basis for making an award.
Delivery shall be within .....• • working hours of the City using
Department, · · excluding holidays. Receiving
hours are holidays, from 8:30 A.M.
to 5:00P.M.
18.
19. LATE SUBMISSION. All proposals after the date, time, and
place sper,:ifjed in the Proposal, wil the proposer
unopened, anc!will not be considered. T for submitting
proposals before the stated time and date i the responsibility of
the proposer::' The City will not be for delays caused by
mail, couiier service, or any other entity or occurrence. Facsimile.
electronic.: or a-mailed proposals will not be accepted.
20. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance
will be at'tlestrnation. unless otherwise provided. Title to (or risk of
loss or darriage · to) all. items shall be the responsibility of the
successful proposer until acceptance by the City, unless loss or
damage results from the gross negligence or willful misconduct of the
~itt· . 1J1>::
. t or supplies supplied to the City are found to be
do not conform to the specifications, the City reserves the
right to· eel the order upon written notice to the seller, and return
the product, at the proposer's expense.
PAYMENT. Payment will be made by the City after the items have
been received, inspected. and found to comply with Proposal
specifications, free of damage or defect, and properly invoiced.
23. DISPUTES. In case of any doubt or difference of opinion as to the
items and/or se!Vices (as the case may be) to be furnished hereunder,
the decision of the City shall be final and binding on all parties.
24. LEGAL REQUIREMENTS. The proposer shall be required to comply
with all federal, State of Florida, Miami-Dade County, and City of
Miami Beach codes, laws. ordinances. and/or rules and regulations
that in any manner affect the items covered herein (collectively,
Applicable Laws). Lack of knowledge or ignorance by the proposer
withlof Applicable Laws will in no way be a cause for relief from
responsibility.
25. PATENTS & ROYALTIES. The proposer shall indemnify and save
hamnless 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.
26. OSHA. The proposer warrants to the City that any work, seiVices.
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 borne solely by the proposer .
27. MANNER OF PERFORMANCE. Proposer agrees to perform its
duties and obligations in a professional manner and in accordance
with all applicable Local, State, Count{, and Federel 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 design ale<! duties. Proposer agrees to furnish to the Cit{ 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
28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary
from these General Terms and Conditions shall have precedence.
29. ANTI-DISCRIMINATION. 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.
30. AMERICAN WITH DISABILITIES ACT. To request this material in
accessible format, sign language interpreters, information on access
for persons with disabilities, and/or any accommodation to re>Jiew any
document or participate in any city-sponsoned proceediog, please
contact 305-604-2489 (voice), 305-673-7524 (fax) or 305~ta;;f'2}ll,
(TTY) five days in advance to initiate your request. TTY us~mif(
also call711 (Florida Relay Service). ,,
31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where
proposer s are required to enter on to City of Miami Beach
property to deliver materials or services as a result of
the Proposal, the proposer duty, obligation and
expense of obtaining all ·· its, and insurance,
and assure all wor11 . The proposer
shall be liable for by
negligence of the
contractors. and/or agents, for
32. PROPOSAL
INSURANCe: · Bonds, when
the proposal in the aniounl specified in
acceptance of the proposal, the City will notify
to submit a performance bond and certificate
amount specified in the Special Conditions.
33. DEFAULT. Failure or refusal of a propi>Ser to a contract upon
award, or Wl!l:!drawal of a proposal refire such award is made, may
result in forfe(ll:ire of that portion of cl'l)Y; 'proposal surety requined as
liquidated da~i'S,jncurred by the GllY thereby; or, where suret,r is
not required, failuie,'toexecute a coqf.lct as described above may be
grounds for removing the proposer frOm the City's proposers list
34. CANCELLATION. In the evenUmy of the provisions of this Proposal
are violated by the proposer, the City shall give written notice to the
proposer stating such deficiencies and, unless such deficiencies are
corrected within ten (10) calendar days from the date of the City's
notice, the City, through its Cit{ Manager, may declare the contract in
default and terminate same, without further notice required to the
proposer . Notwithstanding the preceding, the City. thnough its Cicy
Manager, also reserves the right to terminate the contract at any lime
and for any reason. without cause and for convenience, and without
any monetary liability to the City, upon the giving of thirty (30) days
prior written notice to the proposer.
35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must
16 I RFQ 178-2013, Waste Haulers
-----------------------
show purchase order numbers and shall be submitted to the ordering
City department
36. SUBSTITUTIONS. The City WILL NOT accept subsmute shipments of
any kind. The proposer is expected to furnish the brand quoted in its
proposal. Any substitute shipments will be returned at the proposer's
expense.
37. FACILITIES. The City, through its City Manager or his/her authorized
designee, reserves the right to inspect the proposer's facilities at any
time, upon reasonable prior written or verbal notice.
38. PROTEST. In the event a prospective proposer wishes to protest any
part of the General COriditions, Special Conditions and/or Technical
Specifications contained in this it must file a notice of protest in writing
to the Procurement Director, with a copy to the City Cler11, at least ten
(10) business days~ll!for to the Proposal opening date and hour
specified in ihe solicitaliOrl. . Any proposer , who has a substantial
39.
interest iri, and is aggrlel!ed in connection with the solicitation or
·award may proteSt to the Cit{ Manager or his or her ,.,"1-·""" anytime until two (2) business days following the release of
M:!I~Mo'!l'~ written recommend~~.on to the City Commission,
and released in tll!:Qity Commission agenda
of the proposal in quest~oo":in. accordance with City
Ordinance No. 200i33G;s:which establishes
JM;m:c1po~•al protests and whicfi:'.'Ciiii be found on the
cul'!~ml!at1Ni'!llSite. Failure to file a timelY notice of protest will
.... ............ _ oi proceedings.
ADDENDA TO PROPOSAL
: If a proposer is in doubt as to the true meaning of
or other Proposal documents, or any part
submit to the City, at least ten (10)
csr.r1""'""" Proposal opening date, a request
WILL BE RECEIVED VERBALLY
··· 40. Any interpretation of the Proposal, including, without limitation,
responses to questions and request for clarification(s) from proposer
s. will be made only by Addendum duly issued by the Cit{. In the
event of conflict with the original specifications, the Addendum shall
supersede such specifications, to the extent specified. Subsequent
Addendum shall govern over prior Addendum only to the extent
specified. The proposer shall be requined to acknowledge receipt of
any and all Addendum, and filling in and signing in the spaces
provided in section 5.0, Acknowledgements/Affidavits. Failure to
acknowledge Addendum may deem a proposal non-responsive.
41. The City will not be responsible for explanations, interpretations, or
answers to questions made verbally or in writing by any City
representative. unless issued by the City via formal written Addendum
to this Proposal.
42. Any questions or clarifications concerning the Proposal shall be
submittoo in writing to the Department of Procurement Management
(DPM) 1700 Convenlion Center Drive, Miami Beach, FL 33139 with a
copy to the City Cler11
43. DEMONSTRATION OF COMPETENCY.
44. Pre-award inspection of the proposer 's facility may be made prior to
the award of contract
45. Proposals will only be considered from firms which are regularly
engaged in the business of providing the goods and/or services as
described in this Proposal.
46. Proposer s must be able to demonstrate a good record of
performance for a reasonable period of time. and have sufficient
financial capacity, equipment, and organization to ensure that they can
satisfactorily perform the services if awarded a contract under the
terms and conditions of this Proposal.
47. The terms 'equipment and organization', as used herein shall,
be construed to mean a fully equipped and well established company
in line with the best business practices in the industry, and as
determined by the Cit{ of Miami Beach.
118
48. The City may consider any evidence available regarding the
financial, technical, and other qualifications and abilities of a proposer
, including past performance (experience), in making an award that is
in the best interest of the City.
49. The Citj may require proposer s to show proof that they have
been designated as authorized representatives of a manufacturer or
supplier, which is the actual source of supply. In these instances, the
City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to
be supply to the Citj. Any material confiicts between information
provided by the source of supply and the information contained in the
proposer's proposal may render the proposal non-responsive.
50. The City may, during the period that the contract between the
City and the successful proposer is in force, review the suocessful
proposer 's record of perfonmance to ensure that the proposer is
continuing to provide sufficient financial support, equipment and
organization as prescribed in this proposal. Irrespective of the
proposer 's performance on contracts awarded to it by the City, the
Citj may place said contracts on probationary status and Implement
termination procedures if the City determines that the successful
proposer no longer possesses the financial support equipment and
organization which would have been necessary during the proposal
evaluation period in order to comply with the demonstration of
competency required under this subsection.
51. DETERMINATION OF AWARD. Unless otherwise stated in the
Special Conditions, The Citj Commission shall award the proposal to
the lowest and best proposer . In determining the lowest and best
proposer, in addition to price, there shall be considered following:
a. The ability, capacity and skill of the proposer orm
the contract.
b. Whether the proposer can perform the contract
time specified, without delay or interference.
c. The character, Integrity, reputation, judgment, expe
and efficiency of the proposer.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the proposer
Applicable Laws relating to tM contract
52. ASSIGNMENT. The successful proposer shabot assign, transfer,
convey, sublet or otherWise dispose of the cOiltrad, including any or
all of ils right Iitle or Interest !herein, or h~herorits power to execute
such contract, to any person, company or corporation, without the
plior written consent of the City. ·.
53.
55.
the suceessful proposer {s)
or non-profit agencies may
of thiS contract at the
agency:
of the City to purchase
from the successful
right to purchase the items
or on an as-needed basis
56. ELIMINATION FROM COl4SIDERATION. This proposal shall not be
awarded to any person Qiflrm who is in arrears to the Citj upon any
debt, taxes, or contracts which are defaulted as surety or otheiWise
upon any obligation to the Citj.
57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars,
if provided, are for City guidance only. No guarantee is expressed or
implied as to quan~ties or dollars that will be used during the contract
period. The City is not obligated to place any onder for a given amount
subsequent to the award of this Proposal. Estimates are based upon
the City's actual needs and/or usage during a previous contract
period. The Citj may use said estimates for purposes of determining
whether the low proposer meels specifications.
171 RFQ 178-2013, Waste Haulers
58. 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. found to be collusive shall be
59.
60.
61.
62.
rejected.
Any
• Proposal; then
a conflict between the Proposal
documents shall be as follows:
agreennaot l'lisulting from the award of this
Addendum issued for this t""rclllll1iBI>-wm
... __ taking precedence; then
· :::;-(il, The Proposal; then
119
6t The prll{lOSer 's proposal in response
65 .. REASONABLE ACCOMMODATION. In with Title II of the
Americans with Disabili~es Act, any person requiring an
acc<lmnlt)(jation at the Proposal opening because of a disabilitj must
contact tllel'rocurement Division.
GRATUITIES. Proposer s.shall not offer any gratuities, favors, or
anything of monetary value to any official, employee, contractor, or
agent of the City, for the purpose of influencing consideration of this
.ro osal.
. . .f~POSAL CONSIDERED AN OFFER. The signed
proposal$1fcill be considered an offer on the part of the proposer ,
which pffE!r shall be deemed accepted upon award of the proposal by
the CitY Commission. In case of default on the part of the successful
proposer , after such aoceptance, the City may procure the items or
se111ices from other sources and hold the proposer responsible for
any excess cost occasioned or incurred thereby.
TIE PROPOSALS. In aocordance with Florida Statues Section
287.067, regarding identical tie proposals, preference will be given to
proposer s certifying that they have implemented a drug free work
place program. A certification form will be required. In the event of a
continued tie between two or more proposer s after consideration or
the drug free workplace program, the City's Local Preference and
Veteran Preference ordinances will dictate the manner by which a tie
is to be resolved. In the event of a continued tie after the Local and
Veteran Preference ordinances have been applied or the tie exists
bet.veen proposers that are not Local or Veteran, the breaking of the
tie shall be at the City Manage~s discretion, which will make a
recommendation for award to the Citj Commission.
69. DELIVERY TIME. Proposer s shall specify in the attached Proposal
Form, the guaranteed delivery time (in calendar days) for each item. It
must be a fimn delivery time; no ranges (For example, 12-14 days) will
be accepted.
70. TERMINATION FOR DEFAULT. If the suocessful proposer shall fail
to fulfill in a timely manner, or otherwise violate, any of the covenants,
agreements, or stipulations material to the Proposal and/or the
contract entered into with the City purouant thereto, the City shall
thereupon have the right to tenninate the work and/or services then
remaining to be performed by giving written notice to the proposer of
such termination, which shall become effective upon receipt by the
proposer of the written temnination notice.
71. In that event, the City shall compensate the successful proposer in
aocordance with the term of the contract lor all work and/or se111ices
satisfactorily performed by the proposer prior to termination, net of
any costs incurred by the City as a consequence of the default
72. Notwithstanding the above, the successful proposer shall not be
relieved of liability to the City for damages sustained by the City by
virtue of any breach of the contract by the proposer, and the City may
reasonably withhold payments to the successful proposer for the
purposes of set off until such time as the exact amount of damages
due the City from the successful proposer is determined.
73. The City may, at its discretion, provide reasonable "cure period" for
any contractual violation prior to termination of the contract; should the
successful proposer fail to take the corrective action specified in the
City's notice of default within the allotted cure period, then the City
may proceed to terminate the contract for cause in aocordance with
this subsection 1.57.
74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its
convenience, terminate the work and/or services then remaining to be
performed, at any time, by giving written notice to the successful
proposer of such termination. which shall become effective thirty (30)
days following receipt by proposer of such notice. In that event, all
finished or unfinished documents and other materials shall be properly
delivered to the City. If the contract is terminated by the City as
provided in this subsection, the City shall compensate the successful
proposer in aocordance with the terms of the contract for all and
without cause and/or any resulting liability to the City, work and/or
services actually performed by the successful proposer , and shall
also compensate the proposer for its reasonable direct costs in
assembling and delivering to City all documents. No compensation
shall be due to the successful proposer for any that the
successful proposer expected to earn on the balanced
Such payments shall be the total extent of the City's i
successful proposer upon a terminafion as provided
subsection.
75. INDEMNIFICATION. The successful Proposer shall
hold harmless the City and its officers, employees.
instrumentalities from any and all liability, losses or ti''"'"n . ....:',
including attorney's fees and costs ot defense, which the City or
officers, employees, agents or instrumentalities may incur as a result
o~ claims, demands, suits, causes of actions, ;O(proceedings of any
k1nd or nature arising out of, relating to '.()(.·resulfing from the
performance of the agreernentby the succesSful Proposer or its
employees, agents, servants,· partners, principalS or subcontractors.
The successful Proposer shall pay all claims al'ld losSeS in connection
therewith, and defend all claim:{ suits or actii)n:;
of name OfJt)e ·City, where appH&i~
and shall pay' all costs, judgments,·
the@n. The successful
agrees :that any insurance
otherwise. provided by the
limit the ~sponsibility to
the City or its officers,
as herein provided. The
survive the expiration or
16 I RFQ 178-2013, Waste Haulers
120
termination of this Agreement
76. MODIFICATION/WITHDRAWALS 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 lime will NOT
be considered.
77. 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 of withdrawal received after contract
78.
award will NOT be
one (1) or
•. Eire p~ing illt"'m"liv"•
· · must notify the
prior to the deadline for
the requirements in this
m·n~sl)4lnsive and receive no further
I not be able to meet
in this Proposal and you
to said requirements, you
. at least five (5) days
the right to revise the scope of
. deadline for ·~ceipt of proposals. . .,,.·: ..
The City reserves
prior to the
79:; FLORIDA jlUBLIC RECORDS LAW. P ... s are hereby notified
that aN Proposal including, without limitation, any and all information
and doct,n:nentation submitted therewith, are exempt from public
records I:EiQU,irements under Section 119.07(1), Florida Statutes. and
s. 24(a); llit.~1;of the State Constitution until such time as the City
provides nofite:ot an intended decision or until thirty (30) days after
opening of the proposals; whichever is earlier. Additionally, Contractor
agrees to be in fuR compliance with Florida Statute 119.0701
, but not rtmited to, agreement to (a) Keep and maintain
ordinarily and necessarily would be required by the
order to perfonrr the services; (b) provide the public
public records on the same terms and conditions that
agency would provide the records and at a cost that does
not exceed the cost provided in this chapter or as otherwise provided
by law; (c) Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not
disclosed except as authorized by law; (d) Meet all requirements for
retaining public records and lransfer, at no cos~ to the public agency
all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information
technology systems of the public agency.
APPENDIX A
~ MIAMI BEACH
RFQ 178-2013
Waste Haulers
DEPARTMENT OF PROCUREMENT MANAGEMENT
1 700 Convention Center Drive
Miami Beach, Florida 33139
(9 M!AI'i,l BEACH ------------Page19
RfQ 178, Waste Haulers
121
Solicitation No: Solicitation Title:
RFQ 178-2013 Waste Haulers
Procurement Contact: Tel: I Email:
Maria Estevez 305-673-6558 mestevez@miamibeachfl.oov
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 from Proposers in order that
certain portions of responsiveness, responsibility and other determining factors and complian ·" .. may be evaluated.
This Proposal Certification, Questionnaire and Requirements Affidavit Form is a · · that must be submitted
fully completed and executed.
1.
information from proposer or other source(s), including but not limited to: any firm or
resumes of relevant individuals, client information, financial information, or any information
the capacity of the proposer to perform in accordance with contract requirements.
<£' tv\!JVv\i BEACH
Page 20
RFQ 178, Waste Haulers
122
2.
3.
4.
5.
Miami Beach Based (Lo~al) Ve~dor. Is proposer a Miami Beach based firm?
YES c=:J 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.
Veteran Owned Business~oser a veteran owned business?
L_j YES c=J NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business stat
that firm is certified as a veteran-owned business or a service-disabled veterap~c ..
United States federal government, as required pursuant to ordinance 2011 },f.F
7'!·-l"!tJ:II
Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Nu;.ri~r (D-U-N-S' . City may request one or
more D&B reports to assess proposer's financial capacity or may requesfother informa · ,g., audited and other
financial statements) after proposal submittal in order to assess flmincial capacity. If firm is not c registered at D&B,
contact D & Bat 1-800-234-3867 to register your company. ·
SUBMITTAL REQUIREMENT: Proposer shall submit Dull & Bradstreet Duns Number
(D-U-N-S#): _____________ ...;....;..;...;..__-----'--
Note: The City may require other financial ·
etc.), as part of the solicitation submittal
capacity.
. -~·-
(e.g., audited fifiaiicialstatements, bonding capacity, credit history,
nts or during the evaluation process, as necessary to evaluate financial
Litigation History. Proposer shall submit a or regulatory;~tion that has been filed against your
firm(s) in the last five years. If an action has theJffigation or regulatory action filed, and
identify the court or agency before which the case or file number, and the status or
disposition for such rep()rled acUon. lf no litigation .. been filed against your firm(s), provide a
statement to that effect lf"No" Utigatipn or regulatory against your firm(s), please provide a statement
to that effect Truthful and compfete answers to question may not necessarily disqualify a firm from
consideration but wilL be a factor'ireihe selection nrnr:mrtlf:_ Untruthful, misleading or false answers to this question
Shall result in the dfsqualification Of the firm for thiS nrniiAM';c"
SUBMI!J.AL REQUIREMENT: Proposershall .... . . of litigation or regulatory action filed against proposer, or any
proposetlearn member firm, in t!)e past five (5) years~ tfProposer has no litigation history or regulatory action in the past 5
. years:~submit a stafelll~m accorcli~9ly;'.
6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has
completed work similar in ~ize and nature as the work referenced in solicitation.
. . ... : ,:;
SUBMn'TAL REQUIREM~NT: Propos~r shall submit a minimum of three (3) references, including the following
informatio,ll: 1) Firm Name, 2} Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6)
Narrative on Scope of Services Provided.
(e .v\IAtv\1 BEACH
Page 21
RFQ 178, Waste Haulers
123
---------------------------------------· ----
7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non-terfor7ance by any public sector agency? c=J YES 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 2-490 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 Rr:oposals, in the event of such non-
9.
compliance. ::
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (iri~ilding your sub-consultants) with a
controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate
whether or not each individual or entity has contributed to the cam · directly or indirectly, of a candidate who has
been elected to the office of Mayor or City Commissioner for the Beach.
Code of Business Ethics. Pursuant to City Resolution
with the City shall adopt a Code of Business Ethics
bid/response or within five (5) days upon receipt of
with all applicable governmental rules and regulations including,
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of
Business Ethics, proposer may submit a statemelltindicating that it will
Miami Beach Code of Ethics, available at www.miamibeachO.gov/procurementl.
~.: .. '~ '~,~~ ~-.,_
person or entity that:-''-"L to do business
to the Procurem _ Msion with its
require the Proposer, to ccmply
of interest, lobbying and ethics
Ethics. In lieu of submitting Code of
in the ordinance, the City of
10. Living Wage. Pursuant to Section 2-408 of the Miami Beach·:c;i~:cocte, as may be amended from time to time,
proposers shall be required to pay all employees who provide services·pursuar\t to this Agreement, the hourly living wage
rates listed below: ~ ·
• Commen~IQ g.~ year 2012·13 (October 1, 2012), the hourly living rate will be $11.28/hr
with he ''!" enefits, andlfZ.'921hr without benefits.
The living wage .-:~d health ca(e~benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Conf'· Pri~~~!M.~)( for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labor's 8 0t:'a6Qit~a · · Not~i\hstanding the preceding, no annual index shall exceed three
percem ~~%);Jh~ City may reso'll'ltio , ·~fO' index the living wage rate in any particular year, if it determines
it woulo n8fbe fiscally sound to -ent same (in a articular year).
\ ~·'
Proposers' failure to comply with th1 ..... --· JtShall be deemed a material breach under this bid, under which the City
may, at its sole option, immediately deeri(, proposer as non-responsive, and may further subject proposer to additional
penalties and fines, as provid~d in the Cj~§ Living Wage Ordinance, as amended. Further information on the Living Wage
requirem~nt is available at ~.miamibeachfl.gov/procurementl.
, r ;,: ·::~~~;,, ~rn
SUBMITTA~REQUIREMEN;r: 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.
(e M!AN\1 BEACH
Page 22
RFQ 178, Waste Haulers
124
----------------
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c=J YES c:=J 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?
c:=J YES c::=J NO
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 use or domestic partner, such as
bereavement leave; other benefits are provided directly to the spouse or domestj(t i ~uch as medical insurance.
BENEFIT
Health
Sick Leave
Firm Provides for
Employees with
S ouses
Firm Provides for
Employees wit
Domestic Part
c*~~rr
Famil Medical Leave
Bereavement Leave
; :::·::t:·::t!~ii~·... . :'
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control,
insurance providers in your area willing to offer domestic partner coverage)yciu may be eligible for Re on able Measures
compliance. To comply on this basis, you must agree to pay a cash egiJivalent and submit a completed Reasonable
Measures Application (attached) with all cessary documentation. YQPl ~easonable Measures Application will be
reviewed for consideration by the City Man his designee. ApprovaOs not guaranteed and the City Manager's
decision is final. Further informati ' the Equal Benefits requirement is available at
www.miamibeachfl.gov/procurement/. ,. ··
12. Public Entity Crimes. Section 287. 133(2)(a), Flo Sta enacted or as amended from time to time,
states that a person or affiliate who has been place ;(m the.' nv1c e st following a conviction for a public entity
crime may not submit a bid, proposal, or reply on a contract to provide ~ goods or services to a public entity; may not
submit a bid, proposal, or reply on.~·~ntract with a publiy,entity for the construction or repair of a public building or public
work; may not submitbids, propos]~ or replies on leas§s of real property to a public entity; may not be awarded or
perform work as a contractor, supplier; subcontractor, or dQn~ultant under a contract with any public entity; and may not
transact business with any public en~ij in excess of the thre~d amount provided in s. 287.017 for CATEGORY TWO for
a period of 36 months folloWing the· date of bein~p:!§ped on the convicted vendor list.
"'"~"""'r\~"·ENT: No additional submittal is required. By virtue of executing this affidavit document, proposer
of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor
After issuance of solicitation, the City may release one or more addendum to the
al information to proposers or alter solicitation requirements. The City will strive to
received solicitation through the City's a-procurement system, PublicPurchase.com.
responsible for assuring they have received any and all addendum issued pursuant to
VV>rn"'nr of Addendum section certifies that the Proposer has received all addendum released
solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal
G tv~IAJ'/\i BEACH
Page 23
RFQ 178, Waste Haulers
125
--------------
DISCLOSURE AND DISCLAIMER SECTION
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 RFP, 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 RFP, 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 ~ay wit~draw the solicit~ti?n .either ~efore or after rec~iving pr~p~sal~"'m~y accept o: reject p~opos~ls,
and may accept proposals wh1ch dev1ate from the sohc1tat1on, as 1t deems appropnate and tn ti~::~.Ml;iJL~Ierest In 1ts sole d1scretton,
the City may determine the qualifications and acceptability of any party or parties subro!!liHg Prdposals in response to this
solicitation. cf."~t~l:::;,
Following submission of a Bid or Proposal, the applicant agrees to deliver such furthe '''tail·;;;(·::, lion and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, wt ., _ limitatio · applican~s affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discrelioQ . . ,.. . ~
The information contained herein is provided solely for the convenience of prospective Proposers. I · J,":~m~, responsibility of the
recipient to assure itself that information contained herein is accurate and eomplete. The City does not provid~·: ·· assurances as to
the accuracy of any information in this solicitation. ·· ·
Any reliance on these contents, or on any permitted communications wittiQity officials, shan be at the recipient's O\'fl'l' risk. Proposers
should rely exclusively on their own investigations, interpretations, and analyses, Ttl~ 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 -any Proposal conforming to these requirements will. be selected for
consideration, negotiation, or approval. • ..••.•
The City shall have no obligation or liability with , the selection and the-award process, or whether any
award will be made. Any recipient of this solicitation acklnov.rled•qes all the provisions of this Disclosure and
Disclaimer, is totally relying on this Disclosure and 1'""1"''m'"''···<>nr1 ,.., .. ,~.~,'~--"'"·",._: terms hereof. Any Proposals submitted
to the City pursuant to this RFQ are submitted at the sole risk submitting such Proposal.
This RFQ is made subject to
only, and does not constitute
The City and all Pro1noSf:!r'S'~
applicable definitive
the definitive agreements
any reason, or for no:reason, without·
The City is gover~e~~ '·~} hle r~n\IPmlm~:>n
disclosure as required by such law; All '"'"""' .. """
perm ·· ·· ·· y Florida Statutes, until tht? date and
without notice. Information is for guidance
't'lC>PO!ial {or Proposals), as same may be modified, and the
~"'u"'u by the parties, and then only pursuant to the terms of
r~><>ronn<>~>:m this solicitation may be accepted or rejected by the City for
nshine Law, and all Proposals and supporting documents shall be subject to
submitted in sealed bid form and shall remain confidential to the extent
for opening the responses. At that time, all documents received by the
Citysh -._ come public records. ~=-----
Proposers are expected to make all~~~~sures and declarations as requested in this solicitation. By submission of a Proposal, the
Proposer acknowledges and agrees Ylat the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement inforrnatio_ri_:cimtained in the Proposal, and authorizes the release to the City of any and all information
sought in such inquirY ot it)_vf'!stigatioiL Each Proposer certifies that the information contained in the Proposal is true, accurate and
complete, to the best of its]S,nowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, 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 RFP, 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.
Page 24
RFQ 178, Waste Haulers
126
PROPOSER CERTtFICATION
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this JTN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this
SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative:
State of FLORIDA On this _day of , 20_, personally
appeared before me who
County of 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: _______ .
e MIAN\1 BEACH
Page25
RFQ 178, Waste Haulers
127
THIS PAGE INTENTIONALLY LEFT BLANK
128