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Home My Public Portal About13-8671 Ecological Paper Recycling Sponsored by: City Attorney RESOLUTION NO. 13-8671 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RESCINDING RESOLUTION NO 13-8658, WHICH ACCEPTED THE PROPOSAL OF ECOLOGICAL PAPER RECYCLING FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO 13-2805200,AND FURTHER AUTHORIZED THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL BY THE CITY COMMISSION, PAYABLE FROM ACCOUNT NUMBER 34-534340, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 30, 2013, the City Commission of the City of Opa-locka adopted Resolution No. 13-8658;and WHEREAS, since the adoption of Resolution No 13-8658, it has been determined that the Selection Committee will meet again to rank all proposals, based on which the City Manager will issue a new recommendation to the City Commission;and WHEREAS, it is anticipated that the new recommendation will be considered by the City Commission at the Commission Meeting on September 11,2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby rescinds Resolution No. 13-8658, which accepted the proposal of Ecological Paper Recycling for the provision of Residential and Commercial Solid Waste Collection and Disposal Services pursuant to RFP No 13-2805200, and further Resolution No. 13-8671 authorized the City Manager to enter into and execute a professional services agreement, in a form acceptable to the City Attorney and for final approval by the City Commission. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of Se.tember, 2013. i i i t ' J. r RA TA LOR MAYOR Attest to: lit 4 46,, Jrf anna Flores ity Clerk Approved as to form and legal sufficiency: i Oil I k 40 I1 Jos e,• S. 'w eller G'i c ENS 'OON MARDER PA Ci, Attorney Moved by: Commissioner Johnson Seconded by: Commissioner Santiago Commission Vote: 4-0 Commissioner Holmes: Not present Commissioner Johnson: Yes Commissioner Santiago: Yes Vice-Mayor Kelley: Yes Mayor Taylor: Yes Sponsored by: City Manager RESOLUTION NO. 13-8658 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF ECOLOGICAL PAPER RECYCLING FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO. 13-2805200; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL BY THE CITY COMMISSION; PAYABLE FROM ACCOUNT NO. 34- 534340, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 2013, the City Commission authorized the City Manager to issue a Request for Proposals ("RFP") for Commercial and Residential Solid Wste Collection and Disposal; and WHEREAS, the current servicers for the City of Opa-locka ("City") are Waste Management Inc., and Choice Environmental Inc., whose contracts were extended until September 30, 2013; and WHEREAS, in July 2013, the City received responses from six companies: 1) Southern Waste Systems, LLC; 2) Great Waste & Recycling Services, LLC; 3) Waste Pro of Florida, Inc.; 4) Ecological Paper Recycling, Inc.; 5) Progressive Waste Solutions of Florida, Inc.; and 6) Waste Management, Inc.; and Resolution No. 13-8658 WHEREAS, the proposals were evaluated based on different factors - price, customer service, operations plan, qualification, experience, Minority Business Enterprise Certification, references, financial stability, local preferences and resources; and WHEREAS, the Evaluation Committee reviewed the proposals and ranked Ecological Paper Recycling #1, Progressive Waste Solutions of Florida, Inc. #2, and Waste Management, Inc. #3; and WHEREAS, the most responsive and responsible proposal was Ecological Paper Recycling, proposing the lowest rate, located within the City, and employers utilizing the First Source Hiring Program; and WHEREAS, the City Commission directs and authorizes the City Manager to enter into an agreement with Ecological Paper Recycling, for the residential and commercial solid waste collection and disposal services. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, accepts the proposal of Ecological Paper Recycling for the provision of residential and commercial solid waste collection and disposal services pursuant to RFP No. 13-2805200, and authorizes the City Manager to enter into and execute a professional services agreement, in a form acceptable to the City Attorney and subject to final approval by the city commission; payable from Account No. 34-534340, a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. 2 Resolution No. 13-8658 PASSED AND ADOPTED this 30th day of July, 2013. 4i TA LOR MAYOR Attest to: iJ a Flores City Clerk Approved as to form ,' d le::1 sufficiency I lifj . ■ ' ' ► / Jose. .. ell,r G' 'A NSPO.4 MARDER P.A. Ci',Attorney Moved by: COMMISSIONEd SANTIAGO Seconded by: VICE MAYOR KELLEY Commission Vote: 3-1 Commissioner Holmes: NO Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 3 Joanna Flores From: Joseph Geller[Joseph.Geller @gmlaw.com] Sent: Tuesday, September 03, 2013 2:18 PM To: Kelvin L. Baker Cc: Joanna Flores; Steve Geller Subject: RFP Solid Waste Mr. Baker, This will confirm our discussion about the above RFP and the selection process. After reviewing the process,the protests and other information received from proposers, and the City's own rules, and researching the law, I have strongly recommended to you that the selection committee should meet again, in the Sunshine, at a duly noticed meeting,for the purpose of conducting a de novo review of all proposals received by the City, and independently scoring them. No proposer may alter its bid, but the committee should consider everything received from all proposers, including protest letters, responses thereto, and any explanatory materials received. Although it is not required by law, I also recommend giving each proposer five (5) minutes to present any additional material they deem advisable. The Committee should then conduct a new evaluation of the proposers, scoring them as they deem proper in light of all material presented.The scoring must be done without regard to the scoring previously done; however,this does not suggest that any scorer must reach a different result than before, only that the scoring must be based on all material presented, not on the previous scoring. I also recommend that the City Commission rescind Reso# 13-8658, recently adopted, accepting Ecological Paper Recycling's proposal for solid waste collection. Once the Committee has completed its new meeting in the Sunshine and has scored the proposals,they should send this back to you, so that you may make a recommendation to the City Commission,for action at the September 11 meeting. Please advise me immediately when you have done so, in order for our office to assist you in putting the agenda item together for the meeting. Please be advised that the agenda item must be an ordinance, and so will require two readings. This opinion is based on numerous sources, including the Sunshine Law itself, relevant case law, and the Government in the Sunshine Manual, especially pages 4-7 and 52-54 thereof. Although some may differ on the interpretation of case law,we are of the opinion that this is the most prudent course for the City to follow under the totality of the circumstances here, and recommend it accordingly. Please let me know if you have any questions. Joseph S. Geller, Esq. 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