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