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HomeMy Public PortalAbout16-9215 Bid Protest Procedure to Govern Process of the Bid Protest Filed by Universal Waste Services Sponsored by: City Attorney RESOLUTION NO. 16-9215 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING A BID PROTEST PROCEDURE TO GOVERN PROCESS OF THE BID PROTEST FILED BY UNIVERSAL WASTE SERVICES, INC., OF FLORIDA, IN REGARDS TO RFP 16-3103200 (COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION SERVICES) AS SET FORTH IN EXHIBIT "A;" PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Opa-locka, Florida, issued RFP 16-3103200 for Commercial and Residential Solid Waste Collection Services; and WHEREAS, The selection committee recommended Waste Management of Florida, Inc. for award of the residential and commercial solid waste services contracts, however, Universal Waste Services, Inc. of Florida, the second ranked proposer, filed a bid protest with the City Clerk on July 10, 2016; and WHEREAS, The City currently does not have a procedure as to how bid protests are governed; and WHEREAS, It is in the best interest of the City to adopt the procedure (EXHIBIT "A") to govern how this bid protest will be conducted; and NOW THEREFORE, BE IT RESOLVED THAT 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 procedures set forth in EXHIBIT "A" shall govern how the bid protest of RFP 16-3103200 (Commercial and Residential Solid Waste Collection Services) will be conducted. Resolution No. 16-9215 Section 3. This Resolution shall take effect immediately adoption by the City Commission, and subject to the final approval by State of Florida Financial Oversight Board for the City of Opa-locka, FL. PASSED AND ADOPTED this 13th day of July, 2016. Lr Arei a L. .for Mayor Attest to: Approved as to form and legal sufficiency: J t:nna Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER KELLEY Seconded by: VICE MAYOR HOLMES Commissioner Vote: 4-0 Commissioner Kelley: YES Commissioner Riley: NOT PRESENT Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES 2 EXHIBIT"A" BID PROTEST PORCEDURES RFP 16-3103200 (COMMERCIAL& RESIDENTIAL SOLID WASTE COLLECTION SERVICES) The following shall govern any protest made by a participant in the competitive selection process utilized for the selection of RFP 16-3103200 (COMMERCIAL& RESIDENTIAL SOLID WASTE COLLECTION SERVICES): (1) Protest of the City Manager's recommendation for the award in response to RFP 16-3103200 (COMMERCIAL & RESIDENTIAL SOLID WASTE COLLECTION SERVICES) shall be filed with the city clerk and mailed by the protesting party to all responders to the RFP proposal by July 22, 2016. Such protest shall be in writing, shall state the particular grounds on which it is based, and shall include all pertinent documents and evidence. Any grounds not stated in the protest shall be deemed waived. The protest letter to the city clerk shall include proof of mailing/receipt to other responders to the Request for Proposal. (2) All protests shall be referred by the city clerk to the city manager who shall select a hearing examiner or special master who shall hold a hearing and submit written findings and recommendations within 15 days of the mailing of the protest to all responders (July 22, 2016). The hearing examiner shall consider the written protests, supporting documents in evidence, the city's recommendations and supporting documentation and all evidence presented at the hearing. Such finding and recommendation shall be filed with the city clerk. (3) Hearing officers/special masters shall be members of the Florida Bar. (4) The hearing examiner/special master's findings shall be presented to the City Commission for final action at the next regular or specially called commission meeting. Notice shall be mailed to all participants in the competitive process at least seven days in advance of any final action by the City Commission. The notice shall include the hearing examiner's findings and recommendations. (5) Failure to follow the protest procedures set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror or contractor. Page 1