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HomeMy Public PortalAbout16-9241 Accepting the Proposal of Waste Management Sponsored by: City Manager RESOLUTION NO. 16-9241 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF WASTE MANAGEMENT, INC., OF FLORIDA, FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO. 16- 3103200; 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 February 24 2016, the City Commission authorized the City Manager to issue a Request for Proposals ("RFP") for Commercial and Residential Solid Waste Collection and Disposal; and WHEREAS,the current servicers for the City of Opa-locka ("City") are Universal Waste Services of Florida, whose contracts expire on September 30, 2016; and WHEREAS, on May 2, 2016, the City received responses from four companies: 1) Universal Waste Services of Florida; 2) Great Waste & Recycling Services, LLC; 3) World Waste Recycling, Inc.; and 4) Waste Management, Inc.; and 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 Resolution No. 16-9241 WHEREAS, the Evaluation Committee reviewed the proposals and ranked Waste Management, Inc., of Florida#1, Universal Waste Services, Inc., of Florida#2, and Great Waste , Inc. #3; and WHEREAS, the most responsive and responsible proposal was Waste Management, Inc., of Florida, 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 Waste Management, Inc, of Florida„ for the residential and commercial solid waste collection and disposal services City of Opa-locka, FL.. 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 Waste Management Services, Inc., of Florida, for the provision of residential and commercial solid waste collection and disposal services pursuant to RFP No. 16- 3103200, 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. PASSEDANDADOPTED this 14th day of September, 2016. MOTION FAILED ■ Y'' TAYLOR MAYOR 2 Resolution No. 16-9241 Attest to: Jo na Flores City Clerk Approved as to form and legal sufficiency: Vincent T. Brown, Esq. THE BROWN LAW GROUP, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER SANTIAGO Commission Vote: 3-2 Commissioner Kelley: YES Commissioner Riley: NO Commissioner Santiago: NO Vice-Mayor Holmes YES Mayor Taylor: NO 5248282 vl 3 Qp•LOCM4 ')'cl.ti"\, o b Hpoq.-cO City of Opa-Locka Agenda Cover Memo miti Acting City Yvette J. Harrell ACM Signature: ��'` - -(. 1JVI_ :�C Manager: ` Finance Director: Charmaine Parchment FD Signature: ® ! = ---- _ ..._ Department Esin D.Abia PWD Signature: , Director: i" \ ' U Commission July 13,2016 Item Type: Resolution Ordinance Other Meeting Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) x Public Hearing: Yes _ No Yes No (EnterXin box) X X Funding Source: (Enter Fund& Advertising Requirement: Yes No Dept) (EnterXin box) X Garbage/Solid Waste Fund 410: Disposal Solid Waste Public Works Account#: 34-534340 Dept. Contract/P.O. Yes No RFP/RFQ/Bi#: RFP# 16-3103200 Required: x (EnterXin box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will Related address) (EnterXin box) X Enhance Organizational p Bus.&Economic Dev ED Public Safety p Trash pickup for Residential and Quality of Education I= Commercial locations that will Qual.of Life&City Image ® address sanitation and Communication Q beautification Citywide. Sponsor Name Department: City Manager Public Works and Utilities Acting City Manager Short Title: Committee Selection of Waste Management Inc., of Florida for Citywide Solid Waste Residential and Commercial Collection and Disposal Services Wage Staff Summary: Request for Proposal (RFP) Number 16-3103200 was published on March 2, 2016 for Citywide Solid Waste (Residential and Commercial) Collection and Disposal Services. Four (4) companies submitted sealed bids/proposals that were certified by the City Clerk on May 2, 2016. The Evaluation Committee reviewed bids/proposals and subsequently selected Waste Management Inc., of Florida as the most responsive bidder. Proposed Action: Staff recommends approval based on Selection Committee review, scoring and ranking. Attachment: 1. Agenda Item Memorandum 2. Request for Proposal Number 16-3103200 3. Selection Committee Evaluation Rating Summary: Citywide Solid Waste Commercial&Residential Collection and Disposal Services. 21 age OF orbLvak4.. g11,� ] ` - U� .1 -0 ••'' t(Wifiritia Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Timothy Holmes Commissioner Joseph L. Kelley Commissioner Luis B. Santiago Commissioner John Riley FROM: Yvette J. Harrell,Acting City Manager Office of the City Manager DATE: June 28,2016 RE: Resolution: Committee Selection of Waste Management Inc., of Florida for Residential and Commercial Solid Waste Collection and Disposal Services Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH WASTE MANGEMENT INC., OF FLORIDA SELECTED BY THE COMMITTEE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES, PURSUANT TO RFP NO. 16-3103200; PAYABLE FROM ACCOUNT NUMBER 34-534340 A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECIVE DATE. Description: The City of Opa-locka has contracted for residential and commercial solid waste collection services for many years. On July 30, 2013, the City Commission adopted resolution 13- 8658 which accepted the proposal of Ecological Paper Recycling for the provision of residential and commercial solid waste services. On December 15, 2014, the City Commission adopted resolution 14-8876 to consider request of Ecological Paper Recycling, Inc., to assign the Commercial and Residential Solid Waste Contract with the City to Universal Waste Services (UWS) of Florida, Inc. Service Agreement is scheduled to expire September 30, 2016. On March 2, 2016, a Request for Proposal (RFP) # 16-3103200 was published at request consistent with resolution# 16-9159 adopted by the City Commission February 24, 2016. Financial Impact: Payable from Public Works Department: Garbage/Solid Waste Disposal Account Number 34-534340. Agenda Item-Solid Waste Collection/Disposal Services Page 1 Implementation Timeline: October 1, 2016 Legislative History: ➢ Resolution#'s 13-8513, 13-8553, 13-8658, 14-8876 and 16-9159 Analysis: Bid proposals were received by Office of the City Clerk on May 20, 2016 at 2:OOpm. The Clerk's Office opened sealed proposals and certified bids under the provisions of Sec. 2-320.1 of the City's Code of Ordinance. The following four (4) companies submitted proposals: Universal Waste Services (UWS) of Florida Great Waste Waste Management, Inc. of Florida World Waste Recycling The evaluation committee met on May 26, 2016 to review proposals. Members of the evaluation committee included: Arshad Vigar, Project/Utilities Engineer Owen Carney, Public Works Department—Project Coordinator King Leonard,Public Works Department—Supervisor Roads/Streets Gerald Lee, Community Development-Planner Paul Mauriello, Miami-Dade County Deputy Director, Solid Waste Each committee member's review evaluation and scoring of proposals were based on the following categories and points system: Category Maximum Points Price Proposal 35 Financial Stability 15 _ Qualifications and Experience 15 Customer Service and Operations 05 References 05 Local Preferences 05 Advancement of anticipated annual Franchise Fee payments: ➢ Monthly 05 ➢ Quarterly 10 ➢ Semi-Annual 15 ➢ Annual 20 Below you will find selection committee overall accumulative evaluation that includes scoring and ranking of the four (4)proposals submitted/received: Scoring Ranking Universal Waste Services (UWS) of Florida 382.82 2 Great Waste 372.44 3 + Waste Management,Inc.of Florida _ 404.09 1 World Waste Recycling 364.31 4 Agenda Item-Solid Waste Collection/Disposal Services Page 2 Recommendation(s): Staff recommends approval based upon the committee's review, evaluation, scoring and ranking of the proposals submitted. Therefore, it is the recommendation of the Selection Committee that the City negotiates and enters into an agreement with Waste Management Inc., of Florida for Residential and Commercial Solid Waste Collection and Disposal Services beginning October 1, 2016. Attachments: 1) Request for Proposal (RFP) #16-3103200: Citywide Solid Waste (Commercial and Residential) Collection and Disposal Services. 2) Request for Clarification of RFP#16-313200 and other issues. 3) Office of City Clerk 05/20/16 Certification of Four(4) Proposals submitted/received. 4) Committee Evaluation Summary. 5) Committee Evaluation Sheets. 6) Procurement Division Various Emails, May 1-31, 2016. 7) Universal Waste Services (UWS) of Florida, Inc., Amendment to Agreement, Dated 02/16/2015. 8) Resolution #14-8876: Consider Ecological Paper Recycling, Inc., request to assign Commercial and Residential Solid Waste Contract with City to Universal Waste Services (UWS) of Florida, Inc. Request Adopted by City Commission 12/15/14. 9) Resolution #16-9159: Request for Proposal (RFP), Commercial and Residential Solid Waste Collection and Disposal Services. Adopted 02.24.16 by City Commission. Prepared By: Kathy Phillips, Public Works and Utilities Dept(PWD), Adm. Asst. on Behalf of Esin D. Abia, PWD Director Agenda Item-Solid Waste Collection/Disposal Services Page 3 CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL) • COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Price Proposal-MAX pts 35 points Owen 26.94 31.5 30.1 35 King 26.94 31.5 30.1 35 Arshad 26.94 31.5 30.1 35 Gerald 26.94 31.5 30.1 35 Mauriel 24.06 28.44 19.69 15.31 TOTAL Financial Stability-MAX pts 15 Owen 15 15 15 15 King 15 15 15 15 Arshad 15 15 15 15 Gerald 15 15 15 15 Mauriel 15 15 15 15 TOTAL Qualification&Experience- MAX pts 15 Owen 9 10 15 10 King 10 10 15 14 Arshad 14 14 12 14 Gerald 4 10 7 13 Mauriel 15 15 15 15 TOTAL Customer Service& Operations-MAX pts 5 Owen 3 3 5 5 King 1 3 4 4 Arshad 5 4 5 4 Gerald 3 4 5 5 Mauriel 5 5 5 5 TOTAL References-MAX pts 5 Owen 5 4 3 4 King 1 3 5 5 Arshad 5 5 5 5 Gerald 4 5 5 5 Mauriel 5 5 5 5 TOTAL Local Preference-MAX pts 5 Owen 3 3 5 0 King 5 2 5 1 Arshad 5 5 2 0 Gerald 5 5 1 0 , Mauriel 5 5 5 5 TOTAL FRANCHISE FEE Monthly MAX pts 5 Owen 0 3 0 5 King 0 5 0 5 CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL) • COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Arshad 0,- " Gerald _ 0 5- 0"0 0 Mauriel 0" 0 0 TOTAL 5- 0 5 Quaterly MAX pts 10 Owen 0 King 10" 0— 0_ 0 Arshad _ 0 0, 0 Gerald _ 0" 0 0 0 Mauriel 0 0 0 TOTAL 0_ 0 Semi-Annual MAX pts 15 - Owen 13 King 0 0 0- 0 Arshad 14 0 0 0 Gerald - 12 0 0 0 Mauriel 15 0 0 TOTAL 0, 0. 0 Annual MAX pts 20 Owen 0v King 6 0 20 0 Arshad 0 0 20 0 Gerald 0 0 0 0 Mauriel 0 0 0 0 20 TOTAL _ 382.82_ 372.44 404.09 _ 364. 1 31 PREPARED BY: Ommath Albury Procurement DATE: COMMENTS: O CO d' N 0 CO 0) et 0 e- N CO O C) O N 0 CO N CO O co CD r 0 MI 0) Cr) 0 CD 00 t0 0 et e- O 0 M e- M Y Q V et M ti N- N N- ID N- V' 0) 0)) O)) GO LO CI M N- 0)) COD CO CD r V. e- r e- '- e- V. 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E ft3 cu Bal CU LI n5 CZ ra c'Jif a a C0) r 17- RFP 16-3103200 SOLID WASTE(COMMERCIAL& RESIDENTIAL) Roll-Off Containers Container Size Universal 'Waste Waste Great Manage World Waste ment Waste 10 Yard Roll-Off $ 389.00 $ 275.00 $ 235.00 $ 300.00 20 Yard Roll-Off $ 499.00 $ 375.00 $ 235.00 $ 405.00 30 Yard Roll-Off $ 585.00 $ 495.00 $ 235.00 $ 505.00 40 Yard Roll-Off $ 715.00 $ 595.00 $ 235.00 $ 605.00 Rate for initial servicing I $ 75.00 $ 68.00 TB $ 70.00 Universal Waste Waste Great Manage World RENTAL FEE FOR COMPACTOR Waste ment Waste Compactor rental $ 350.00 $ 585.00 tb $ 250.00 Per ton $ 75.00 $ 68.00 tb $ 70.00 Per Pull $ 250.00 $ 240.00 tb $ 150.00 Universal Waste Waste Great Manage World RESIDENTIAL RATE SHEET Waste ment Waste Price per cart _ $ 25.00 $ 22.98 $ 37.95 $ 28.75 8 +. r CITYWIDE SOLID WASTE (COMMERCIAL&RESIDENTIAL) COLLECTION & DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Price Proposal-MAX pts 35 points Owen King Arshad Gerald flD g 0-a P o so Mauriel TOTAL Financial Stability-MAX pts 15 Owen King Arshad Gerald c r ) 1 Mauriel TOTAL Qualification&Experience- MAX pts 15 Owen King Arshad Gerald I Mauriel TOTAL Customer Service& Operations-MAX pts 5 Owen King Arshad Gerald I_', Mauriel TOTAL References-MAX pts 5 Owen King Arshad Gerald L f Mauriel - i TOTAL CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL) COLLECTION& DISPOSAL SERVICES • Universal ` Waste Waste Great Waste Management World Waste Local Preference-MAX pts 5 Owen King Arshad Gerald h ) Mauriel TOTAL FRANCHISE FEE Monthly MAX pts 5 Owen King Arshad Gerald Mauriel TOTAL Quaterly MAX pts 10 Owen King Arshad _ Gerald u Mauriel TOTAL Owen King Arshad _ Gerald Mauriel _TOTAL Semi-Annual MAX pts 15 Owen King _ Arshad Gerald 3 Mauriel TOTAL CITYWIDE SOLID WASTE(COMMERCIAL& RESIDENTIAL) COLLECTION &DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Annual MAX pts 20 Owen King Arshad Gerald � �,~ Mauriel TOTAL PREPARED BY: Las DATE: ® � 9 �. I COMMENTS: — , • CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL) COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Price Proposal-MAX pts 35 points Owen ? - 954 31- 30 . IQ SS , 6 King Arshad Gerald Mauriel TOTAL Financial Stability-MAX pts 15 Owen I , .. 5" I S I King Arshad Gerald Mauriel TOTAL Qualification&Experience- MAX pts 15 Owen 9 6 0 L King Arshad Gerald Mauriel TOTAL Customer Service& Operations-MAX pts 5 Owen 3 ,b King Arshad Gerald Mauriel TOTAL References-MAX pts 5 Owen y' e f King Arshad Gerald Mauriel TOTAL CITYWIDE SOUD WASTE(COMMERCIAL&RESIDENTIAL) COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Local Preference-MAX pts 5 Owen 3 y c, -0 King Arshad Gerald Mauriel TOTAL FRANCHISE FEE Monthly MAX pts 5 Owen 3 5 • King Arshad Gerald Mauriel TOTAL Quaterly MAX pts 10 Owen King Arshad Gerald Mauriel TOTAL Owen King Arshad Gerald Mauriel TOTAL Semi-Annual MAX pts 15 Owen 13 King Arshad Gerald Mauriel TOTAL CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Annual MAX pts 20 Owen ZD King Arshad Gerald Mauriel TOTAL `3 (01 • 5 . PREPARED BY: DATE: Ea/.41/ COMMENTS: p art. 4 (o,..e,, (51i I4 .4 -r • a r re_gr s CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL) COLLECTION & DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Price Proposal-MAX pts 35 points Owen _ King F �f if 3/, co 30-1 0 366, 0 Arshad Gerald Mauriel TOTAL Financial Stability-MAX pts 15 Owen King / / c;— S-- Arshad Gerald Mauriel TOTAL Qualification&Experience- MAX pts 15 Owen King /0 / 0 % 1I/ Arshad Gerald Mauriel TOTAL - Customer Service& Operations-MAX pts 5 Owen King / 3 4' Arshad Gerald _Mauriel TOTAL References-MAX pts 5 Owen King Arshad Gerald Mauriel TOTAL CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL ) COLLECTION& DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Local Preference- MAX pts 5 Owen King ,2 5 Arshad Gerald Mauriel TOTAL FRANCHISE FEE Monthly MAX pts 5 Owen King Arshad Gerald Mauriel TOTAL Quaterly MAX pts 10 Owen King 1 0 Arshad Gerald Mauriel TOTAL Owen King Arshad Gerald Mauriel TOTAL Semi-Annual MAX pts 15 Owen King Arshad Gerald Mauriel TOTAL CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL) COLLECTION& DISPOSAL SERVICES Universal Waste Waste _Great Waste Management World Waste Annual MAX pts 20 Owen King ,20 Arshad Gerald Mauriel TOTAL + PREPARED BY: .� DATE: COMMENTS: CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL) COLLECTION& DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Price Proposal-MAX pts 35 points Owen King Arshad 2 6 • 914 3/ • Co 30 - %0 '3 5".c-b Gerald Mauriel TOTAL Financial Stability-MAX pts 15 Owen King Arshad t 5— t 5- / - !5" Gerald Mauriel TOTAL Qualification&Experience- MAX pts 15 Owen King Arshad 1 i- 14 1 Z. 1 'it Gerald Mauriel TOTAL Customer Service& Operations-MAX pts 5 Owen King Arshad �" 1� 5 Gerald Mauriel TOTAL References-MAX pts 5 Owen King Arshad 5 S S g Gerald Mauriel TOTAL CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL) COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Local Preference-MAX pts 5 Owen King Arshad S S 2 Gerald Mauriel TOTAL FRANCHISE FEE Monthly MAX pts 5 Owen King _ Arshad 0 Gerald Mauriel TOTAL Quaterly MAX pts 10 Owen King Arshad v ° Gerald Mauriel TOTAL Owen King Arshad Gerald Mauriel TOTAL Semi-Annual MAX pts 15 Owen King Arshad 1 Lf o �' v Gerald Mauriel TOTAL CITYWIDE SOLID WASTE(COMMERCIAL&RESIDENTIAL) COLLECTION&DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Annual MAX pts 20 Owen King Arshad o 0 0 �� Gerald Mauriel TOTAL PREPARED BY: /1-1.'6 A'4 "� DATE: 6 - 6 COMMENTS: • CITYWIDE SOLID WASTE(COMMERCIAL& RESIDENTIAL) COLLECTION & DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Price Proposal-MAX pts 35 points Owen King Arshad Gerald Mauriel TOTAL Financial Stability-MAX pts 15 Owen King Arshad Gerald Mauriel TOTAL Qualification&Experience- MAX pts 15 Owen King Arshad Gerald Mauriel fi. TOTAL Customer Service& Operations-MAX pts 5 Owen King Arshad Gerald Mauriel TOTAL References-MAX pts 5 Owen King Arshad Gerald Mauriel TOTAL CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL) COLLECTION& DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste 1 Local Preference-MAX pts 5 Owen King Arshad Gerald Mauriel 2. ,; TOTAL FRANCHISE FEE Monthly MAX pts 5 Owen King Arshad Gerald Mauriel TOTAL Quaterly MAX pts 10 Owen King Arshad Gerald Mauriel TOTAL Owen King Arshad Gerald Mauriel TOTAL Semi-Annual MAX pts 15 Owen King Arshad 1 Gerald Mauriel TOTAL CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL) COLLECTION& DISPOSAL SERVICES Universal Waste Waste Great Waste Management World Waste Annual MAX pts 20 Owen King Arshad Gerald Mauriel TOTAL 4 , . PREPARED BY: DATE: COMMENTS: CITY OF OPA-LOCKA oQp,- k 4tOC %\ 1,r ,, tni ' ' • . y tt� . ''\ or a- r `' :` 2 4Rp0 RA't EV RFP NO: 16-3103200 CITYWIDE SOLID WASTE (COMMERCIAL AND RESIDENTIAL) COLLECTION AND DISPOSAL SERVICES * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *CITY OF OPA-LOCKA *780 FISHERMAN STREET*OPA-LOCKA *FLORIDA *33054* RFP# 16-3103200 i /€--)°p RFP NO: 16-3103200 ;! CITYWIDE SOLID WASTE COLLECTION AND DISPOSAL• ` SERVICES ' a' Proposals for the CITYWIDE SOLID WASTE COLLECTION AND DISPOSAL SERVICES will be received by the City of Opa-locka (City) at the Office of the City Clerk, 780 Fisherman Street, 4t Floor, Opa-locka, Florida 33054, by 2:00 P.M. Eastern Standard Time on Friday, March 31, 2016. Any proposals received after the designated closing time will be returned unopened. A mandatory pre-proposal conference meeting will be held at 10:00 A.M. Eastern Standard Time on Friday, March 11, 2016 at 215 Perviz Avenue, Sherbondy Village, Opa-locka, Florida 33054. The City shall only accept and consider for award proposals from Proposers that attend the mandatory pre-proposal conference. An original and five (5) copies for a total of six (6) plus 1 copy of the proposal on CD or thumb drive in PDF format shall be submitted in sealed envelopes/packages addressed to Joanna Flores, City Clerk, City of Opa-locka, Florida, and marked Citywide Solid Waste Collection and Disposal Services. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Telephone (305) 953-2868 or copies of the requirements for RFP NO: 16-3103200 may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ /PROPOSALS" located on the right hand side of the screen and follow the instructions). A proposal/security of Fifty Thousand Dollars ($50,000.00) must be submitted with all proposals. The successful bidder will be required to furnish a performance bond in the amount of one million dollars ($1,000,000.00) for the residential contract and three hundred thousand dollars ($300,000.00) for the franchise contract. The City will award a Franchise Agreement for commercial solid waste collection and disposal AND a Contract Agreement for residential solid waste collection and disposal; collectively referred to as "contracts." The City may award more than one contract. The City of Opa-locka reserves the right to reject any or all proposals and to waive any irregularities in the proposal. The City is an Equal Opportunity Employer and encourages the participation of certified Minority/Women Business (MWBE) contractors. JOANNA FLORES, CMC CITY CLERK RFP# 16-3103200 ARTICLE I GENERAL INFORMATION 1. Liaison between City and Contractor: All transaction, contracts, notices and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designee. 2. Commencement of Work and Solid Waste Disposal: The work within the geographical boundaries of the City shall commence on October 1, 2016. All conforming solid waste collection and disposal under each contract is the sole responsibility of the Contractor. The Contractor shall be required to dispose of solid waste in compliance with any and all applicable Federal, State and Local rules and regulations. 3. Term: a) The term of both contracts shall begin on October 1, 2016 and end on September 30, 2019 with one (1) three (3) year option. b) The contracts shall automatically renew under the same terms and conditions for one (1) additional three (3) year term unless either party gives written notice of non-renewal at least sixty (60) days prior to the end of the initial five (5) year term. c) Moreover, should the Contractor decide to renew the contracts, any and all up- front franchise payments will be submitted in accordance with the initial three (3) year term. 4. General Conditions and Instructions to Proposers License, Inspection Enforcement a) Minimum Qualification Requirements: In addition to all other requirements set forth in this RFP, Proposers must have a minimum of one (1) year experience providing solid waste services in an exclusive franchise arrangement for a municipality in Florida of similar or greater size than the City of Opa-Locka, with exclusive services to include residential solid waste and commercial solid waste collection and disposal services. Additionally, a contract SHALL NOT be awarded to any Proposer that is in arrears with any debt, financial obligation, or other obligation to the City of Opa-locka at the time that proposals are submitted, evaluated, or recommended for contract award. RFP# 16-3103200 Proposers that owe any such obligations shall be considered non-compliant and their proposals WILL NOT be considered. b) License to Operate: Upon award of the RFP by the City Commission, the City and Contractor will execute contracts to exclusively engage in commercial and residential solid waste collection and disposal services in accordance with Chapter 11 — Garbage and Trash of the City Code; the commercial solid waste franchise agreement; and the residential solid waste agreement. All commercial establishments are required to contract and maintain solid waste service from the City's exclusive franchisee. The City will utilize its Code Enforcement and any and all other regulatory and enforcement powers in ensuring that all commercial establishments contract adequate solid waste service levels and maintain service by paying all waste fees when they become due. c) Vehicle Permits and Inspection: Contractor shall be required to have valid permits for each collection vehicle. Each vehicle shall display said permit in a prominent and easily visible location. All vehicles should be properly inspected by the appropriate governmental agencies and by the City. The Public Works department of the City shall inspect all vehicles for safety, cleanliness and proper licensing, etc., as may be necessary. Each vehicle operated within the City by Contractor shall be conspicuously marked on both sides of the vehicle in stenciled letters in an area of not less than thirty inches (30") by fourteen inches (14") with the following information: City of Opa-locka License Number Contractor's Name d) Contractor Failure: If the City determines that Contractor has failed to comply with any of the provisions of this paragraph it shall notify Contractor, in writing, by certified mail, and demand that Contractor cause the violation to be remedied within the prescribed time. If the violation has not been remedied, the City Manager shall proceed to revoke the contract of the Contractor. 5. Storm Conditions In case of a storm, the City Manager and his/her designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable from such storm, the contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and route can be resumed. In case of a storm where it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the Contractor shall be required to work with the City in all possible ways for RFP# 16-3103200 the efficient and rapid clean up of the City. The Contractor may receive extra compensation above the residential solid waste contract or additional staff, overtime, and cost of rental equipment, provided he/she has first secured written authorization from the City Manager or his/her designee. The total cost for such services shall be based on rates jointly agreed to by the City Manager or his/her designee and the Contractor. The performance of any act by the City or Contractor may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by Acts of God, the elements, war, rebellion, strikes, lockouts, or any other cause beyond the reasonable control of such party, provided, however, that if the condition of Force Majeure exceeds a period of thirty (30) days the City, at its option or discretion, may cancel or renegotiate the residential solid waste contract. 6. Organization: Proposer should include an organizational chart for the Opa-locka operation indicating titles and total number of personnel devoted to work under the contracts. To the extent that it is known, the organizational chart should include the names and resumes of individuals who would manage the contract and supervise the field work required in the contract. Proposer should identify any subcontractors it intends to employ and describe the specific work that would be performed by each subcontractor. a) Transition: Proposer should include a transition plan explaining how it would transition into providing these services. b) Program promotion: Proposer should include a description of any activities it would undertake to encourage and promote these services. Scope of Services Proposer should clearly describe how it will perform the services requested in this RFP in a manner that will best meet the City's objective. For commercial solid waste service, it shall mean the collection and disposal of garbage, trash, construction and demolition debris, solid and process waste for all commercial accounts through a franchise agreement. For residential solid waste service, it shall mean the collection and disposal of solid waste from all residential properties containing four (4) or fewer units. The City is looking for proposer's price to provide scheduled collection services with a ninety-six (96) gallon capacity container for residential customers, and supplying the ninety-six (96) gallon containers with the use of automated pick-up devices and delivery to an authorized disposal facility. The City currently has 2,895 residential units. If applicable, For municipal solid waste service, it shall mean Proposers shall also describe how it will ensure a smooth transition to the implementation of the new service so that the inconvenience to the customers is minimized. RFP# 16-3103200 a. Commercial Solid Waste Service: The Proposer must have the ability to provide collection up to seven (7) days per week and to provide front-end containers. Proposer shall provide the City with various pricing options exclusive of a twenty-eight percent (28%) franchise fee. The proposal must include an option for the City to accept up- front or partial payment of franchise fees for the term of the contract. The proposal must include pricing in accordance with the Commercial Rate Sheet attached as Exhibit "D". For container and roll-off service, the Proposer shall propose pricing that will be inclusive of the franchise fee. Servicing of containers and roll-offs must include a plan describing the frequency of cleaning, a schedule describing how change outs are to be accomplished, the frequency of painting, and a replacement plan for damaged containers that include time limits for replacement.Those costs must be included within the fee structure. b. Residential Solid Waste Service: Curbside/Roadside pick-up to provide the City with automated and semi-automated collection. The proposal must include an option for twice a week garbage collection, replacement plan for damaged carts and quarterly bulk waste collection. Bulk waste shall mean, but not be limited to, large items of household refuse such as appliances, furniture, accumulations from major tree cutbacks (exceeding ten (10) inches in diameter and four (4) feet in length and weighing more than fifty (50) pounds), large crates and like articles which shall be placed out for City collection quarterly per year by residential unit owners paying for City service. Additionally, the proposal must include an option for Special waste collection. Special waste means solid waste that can require special handling and management, including, but not be limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and biological wastes. For collection purposes, illegal dumping shall be considered special waste. All residential services should include back door collection for handicapped customers. The City estimates approximately one hundred (100) handicapped customers. Residential households are four (4) units or less. c. Collection services: Proposer shall explain how it plans to collect commercial and residential solid waste, bulk waste and special waste. Proposer shall provide a list of the type of collection equipment (manual, semi-automated, fully-automated), number, and age of vehicles that would be used to provide collection services; number of collection and customer service staff; proposed routes and schedules, including holiday schedules and how any changes would be communicated to the customers; how materials would be handled following collection; and, at which facility waste will be disposed. d. Community Beautification Projects: The Proposer must include a proposal for all services, containers, and equipment required for waste disposal for all four (4) designated City cleanups at Ingram Park, Segal Park, Sherbondy Village and Sherbondy Park and deemed appropriate by the City Manager, each year for the duration of the contract. The equipment most include, but not be limited to, roll-off containers and litter boxes. The Proposer must make these services and equipment available to the City for a period of no longer than eight (8) hours during each event. The RFP# 16-3103200 City will provide the Proposer written notice requesting these services at least one (1) week prior to each annual event. e. Municipal Collection Service: The Proposer must include a proposal for collections service, as appropriate, to all property owned, leased, rented or controlled by the City including, but not limited to those designed by the City Manager if acquired during the contract term. These services must be provided at no charge to the City. All containers must be emptied at a frequency to be determined by the City Manager. Containers must be properly maintained by the Proposer throughout the life of the contract. The City currently utilizes fourteen (14) dumpsters (one 2 yards, three 4 yard, four 6 yard and six 20 yard) with various pick-up schedules. f. Special Events: The Proposer must include a proposal for all services, containers and equipment required for waste disposal at all City functions or sponsored events deemed appropriate by the City Manager. Services at such events may include roll-off containers and litter boxes. The City reserves the right to award more than one contract. Proposers are required to submit three (3) separate proposals, as described below: • Proposal A - Price proposal for exclusive award of all commercial and residential solid waste collection and disposal services (Commercial Garbage, Curbside Residential Garbage, Multi-Family Garbage, Quarterly Residential Bulk Waste, Roll-off, Waste Compacting Service, Community Beautification Projects, Municipal Collection Service and Special Events). Proposer shall submit this form for pricing for all services included in this RFP. • Proposal B - Price proposal for exclusive award of residential service ONLY (Curbside Residential Garbage and Quarterly Residential Bulk Waste).Proposer shall submit this form for pricing for Residential Service only. • Proposal C - Price proposal for exclusive award of commercial service ONLY (Commercial Garbage, Multi-Family Garbage, Roll-off, Waste Compacting Service, Community Beautification Projects, Municipal Collection Service and Special Events).Proposers shall submit this form for pricing for Commercial Service only. The City may award a contract for all services to one Proposer, or award Residential separately from Commercial, Multi-Family, and Roll-off Services. Further, the City reserves the right not to award the contract(s) to the lowest bidder. 7. Special Conditions: Any person submitting a proposal or proposal in response to this RFP must execute the enclosed form, SWORN STATEMENT UNDER SECTION 287.133 (2)(A), FLORIDA STATUTES ON PUBLIC ENTITY CRIME, including proper check(s) in the space(s) RFP# 16-3103200 provided, and enclose it with this proposal. Corrections to the form will not be allowed after the proposal or proposal opening date. Failure to complete this form in every detail and submit it with your proposal will result in immediate disqualification of your proposal. ARTICLE II QUALITY OF SERVICE 8. Contractor's Personnel: a) Quality of Work: In accordance with City ordinances, the Contractor, or Contractors, shall be the sole entity, or entities, permitted to collect waste from commercial businesses or establishments and residential units within the City. All work relevant to the collections contemplated in this RFP shall be performed as scheduled in a workman-like manner. Upon completing each collection hereunder, Contractor shall properly replace all dumpsters and containers and leave the premises so serviced in a litter-free and sanitary condition. b) Contractor's Officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the service area. The Contractor shall give the names of these persons to the City. Information regarding the persons experience and qualifications shall also be furnished. Supervisory personnel must be available for consultation with the City Manager and his/her designee within a reasonable, practicable time after notification of a request for such consultation. The supervisors shall operate a vehicle, which is radio equipped. c) Conduct of Employees: The Contractor shall see to it that its employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular pedestrian walkway while on private property. No trespassing by employees or crossing property of neighboring premises will be permitted unless owners of both such properties give permission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers and other plants. d) Employees' Uniform Regulations: The Contractor's solid waste collection employees shall wear a uniform or shirt bearing the company's name. The Contractor shall furnish to each employee an identification badge, with numbers and letters at least one-half inch (1/2") high, uniform in type. Employees shall be required to wear such badge while on duty. Lettering stitched on or identifying patches permanently attached to uniform shirts and jackets will be acceptable. The Contractor shall keep a record of employees' names and numbers assigned. e) Compliance with State, Federal and Municipal Laws: The Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other RFP# 16-3103200 applicable laws relating to the employment or protection of employees, now or hereafter in effect. f) Fair Labor Standards Act: The Contractor is required and hereby agrees by execution of this contract, to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act as amended and changed from time to time. g) License Requirement: Each vehicle operator shall, at all times, carry a valid driver's license, for the type of vehicle that is being driven. h) Safety Training: The Contractor shall provide operating and safety training for all personnel. i) Equal Employment: No person shall be denied employment by the Contractor for reasons of race, sex, national origin, creed, age, physical handicap, religion or sexual preference. 9. Contractor's Office: a) Local Office: The Contractor shall provide, at its expense, a suitable office with toll- free telephone service available to Opa-locka officials, residents and customers where complaints and request for service shall be received, recorded, and handled during normal work hours of each week and shall provide for prompt handling of emergency complaints and all other complaints or calls for service. b) Customer Complaints: In the event the City receives any customer complaints relating to services rendered by Contractor, said reports shall be forwarded to Contractor who shall have ten (10) days from receipt thereof to resolve the matter with the customer. If the matter is not resolved, Contractor shall within five (5) days thereafter, deliver to the City Manager a status of the complaint, its efforts made to resolve the complaint and why it was not resolved. ARTICLE III CHARGES, RATES AND LEVEL OF SERVICE 10. Charges, Rates and Level of Service: a) Rates and Charges for Service: Proposer shall submit proposed prices to be charged to the City for residential collection service n a plan, clear, self-explanatory form. Proposer shall also submit proposed prices to be charged for commercial solid waste services. Proposed prices for container and roll-off service must be exclusive of franchise fees. Proposers failing to submit rates for any items on their price form RFP# 16-3103200 as indicated shall be deemed non-responsive by the City. In addition to the franchise fee, the contractor shall pay the following: i. On a one-time basis, the sum of Twenty-Five Thousand Dollars ($25,000.00) for the right to be an exclusive contractor for commercial solid waste services within the City. ii. On a one-time basis, the sum of One Thousand Five Hundred Dollars ($1,500.00) for the right to provide Specialized Waste Handling Services within the City. iii. On a one-time basis, an amount of one hundred dollars ($100.00) for each account contracted for Commercial Solid Waste Services within the City. iv. A Temporary Roll-Off Container Permit Fee in the amount of Seventy-Five Dollars ($75.00) per account, for each temporary (not to exceed ninety (90) days) roll-off container(s) utilized by contractor in the course of its provision of construction, renovation and demolition material collection and disposal. b) Unusual Costs: The parties recognize and understand that there may be a need to adjust the rates for service charges during the term of the contract for unusual changes in costs. It is therefore agreed that contractor may petition the City Commission for a change in the schedule rate. Except for the first (1St) year of service, Contractor shall provide any proposed unusual cost related rate changes to the City no later than the first day of June, to be effective with the City's fiscal year beginning on the first day of October of the same year. c) CPI Adjustment: The monthly schedule for each year after the first year shall be adjusted commencing October 1, 2017 and each October thereafter, based on the change in the previous year's Consumer Price Index (CPI). The new rates will be calculated by multiplying the current rates by the percentage change in the CPI-All Urban Consumers — Miami, all items or successor reports as issued by the United States Department of Labor Statistics, for the preceding twelve (12) months average through October to October. ARTICLE IV MISCELLANEOUS 11. Subcontractors: Subcontractors will not be permitted under the terms of the Contract unless approved by the city manager or his/her designee. 12. Bonds and Sureties: RFP# 16-3103200 a) Proposed Security: Each proposal must be accompanied by a cashier's check, certified check or bid bond in the form attached to these specifications payable to the City of Opa-locka in the amount of Fifty Thousand Dollars ($50,000.00). The proposal security will be forfeited if the successful proposer fails to execute the contract with the City within fifteen (15) days after notification of award of the contract. The City shall within ten (10) days after the opening of the proposals, return the proposal securities of all Proposers except those posted by the two (2) highest ranked proposers, whose proposal securities will be returned upon the final award and execution of the contract between the successful proposer and the City, and after proof of insurance, and/or a performance bond as specified herein has been received by the City. b) Performance Bond: The contractor shall furnish a performance bond in the form attached to this specification as security for performance of this contract with the City of Opa-locka. The performance bond will be one million dollars ($1,000,000.00) for the residential contract and three hundred thousand ($300,000.00) for the commercial contract and shall remain in force for the duration of the respective contract. The premium for the bonds described above shall be paid by the Contractor. This bonds shall be written by a surety company licensed to do business in the State of Florida, and shall be submitted to the City for approval prior to initiating the work. c) Requirements as to Surety: The surety of sureties shall be a company or companies satisfactory to the City. Any surety shall be duly licensed to conduct business in the State of Florida. 13. Insurance: a) Insurance Required: Contractor shall obtain through self-insurance or through a carrier the following types of insurance in the amount as hereinafter set forth and shall furnish copies of the original insurance policies to the City with a certificate of insurance for all policies written in contractor's name. Prior to cancellation or a material change in any policy, the certificates of insurance shall be furnished to the City via registered mail, for consent and approval. b) Termination of insurance coverage: The City shall automatically terminate the right of Contractor to operate within the City should any required insurance not be maintained by Contractor for the duration of the contract as follows: 1. Workers Compensation: Contractor shall carry, with a company authorized under the laws of the State of Florida, a policy to protect against liability under the Workers Compensation and Occupational Diseases of the State of Florida. 2. Automobile Liability Insurance: Contractor shall carry, in its own name, a comprehensive policy to insure the entire automobile liability of its operations with RFP# 16-3103200 limits not less than One Hundred Thousand Dollars ($100,000.00) each accident for property damage liability per vehicle. In addition to the above insurance, there must be excess coverage to at least One Million Dollars ($1,000,000.00). 3. General Liability: Contractor shall carry, in its own name, a comprehensive liability policy for its operations other than automobile with limits of at least One Hundred Thousand Dollars ($100,000.00) for each accident bodily injury liability, and Fifty Thousand Dollars ($50,000.00) each accident for property damage liability. 4. Liability of the City: The above insurance requirements shall not be construed as imposing upon the City, or any official or employee, any liability or responsibility for damages to any person injured or any property damaged by Contractor and Contractor shall indemnify and hold City harmless from and against any liability, cost, suit, money, damages and attorney's fees relating thereto. 14. Evaluation Criteria Price Proposal: 35 points • Proposer shall submit the form Proposal "A" for exclusive award of all commercial and residential solid waste collection and disposal services (Commercial Garbage, Curbside Residential Garbage, Multi-Family Garbage, Quarterly Residential Bulk Waste, Roll-off, Waste Compacting Service, Community Beautification Projects, Municipal Collection Service and Special Events). • Proposer shall submit the form Proposal "B" for exclusive award of residential service ONLY (Curbside Residential Garbage and Quarterly Residential Bulk Waste). • Proposer shall submit the form Proposal "C" for exclusive award of commercial service ONLY (Commercial Garbage, Multi-Family Garbage, Roll-off, Waste Compacting Service, Community Beautification Projects, Municipal Collection Service and Special Events. Advancement of anticipated annual franchise fees payments for exclusive award of all commercial and residential solid waste collection: Maximum 20 points. • Monthly: 5 points. • Quarterly: 10 points. • Semi-Annual: 15 points. • Annual: 20 points. RFP# 16-3103200 Financial Stability and Resources: 15 points Proposers must submit proof of financial stability and resources such that proposer clearly demonstrates that it has sufficient equipment, capital, labor, and other resources necessary to perform the scope of work without delay to the inception of the contract and throughout the entire term and subsequent potential renewal terms. In addition, Proposers must submit fully audited financial statements for the past two (2) years. Proposers that fail to submit the required financial statements shall be considered non- responsive. Qualification and Experience: 15 points Proposer should describe its or its past and ongoing experience providing services of a similar nature to those requested herein, including how long the Proposer has provided solid waste collection services, and whether or not the Proposer has provided solid waste collection services in Florida within the past five (5) years. Proposer shall disclose any and all litigation, past and present between Proposer and the City of Opa- locka, including disposition of each mater. The Proposer shall disclose any pending acquisitions, mergers, or similar actions that would include Proposer's staff, assets, or majority stock transfers. Customer Service & Operations Plan: 5 points The Proposer shall provide a comprehensive description of Proposer's approach to phasing in the new contract. The proposer shall explain how they will meet each of the minimum requirements for transitioning to ensure a smooth transition to the implementation of the new Solid Waste Collection Contract so that the inconvenience to the customers is minimized, including proposed rates for extra roll-out cans and replacement of roll-out cans. Proposer shall specify how many collection vehicles it will use for all services, including residential curbside collection, residential bulk collection, commercial collection, and roll-off collection. All collection vehicles must be no more than five (5) years old. References: 5 points Provide at least three (3) customer references, including name, title, affiliation, telephone number, email address, mailing address and a description of the services provided. The service description should include the dates such services were provided, the tonnage of materials handled. If available, such references should be representatives of Florida jurisdictions to which the proposer or its subcontractor is currently providing or has provided services within the last five (5) years. RFP# 16-3103200 Local Preference 5 points Proposer must include a strategy(s) to identify employment opportunities for Opa- locka residents linked to this RFP. The City Commission passed Ordinance No. 13-04 establishing the First Source Hiring Program to promote the creation of employment opportunities for City of Opa-locka residents. See attached Ordinance 13-04 in Attachment "A". 15. Questions Regarding RFP All questions regarding this RFP should be directed in writing to: Rose McKay, Purchasing Officer 780 Fisherman Street, 4t Floor Opa-locka, FL 33054 (305) 953-2868, ext *1307 (phone) rmckavOopalockafl.gov The last day to submit questions regarding this RFP is Wednesday, March 9, 2016 at 5:00pm. RFP# 16-3103200 Proposal "A" COMMERCIAL RATE SHEET THRU SEPTEMBER 30, 2017 Annual anticipated franchise fee payment is $ . Mark "X" for advancement of annual franchise fee payments: monthly; quarterly; semi-annual; and annual. Compacting Service Annual registration fee of $1,000.00 plus 28% of gross monthly billing received. Rental fee of compactor is $ per month and $ per ton and $ per pull for trucking. Container Service Container 1X per 2X per 3X per 4X per 5X per 6Xper 7X per Size Week Week Week Week Week Week Week 1 $ $ $ $ $ $ $ 2 $ $ $ $ $ $ $ 4 $ $ $ $ $ $ $ 6 $ $ $ $ $ $ $ 8 $ $ $ $ $ $ $ Pricing Matrix should not include the 28%franchise fee. Permit Per Account Fee Commencing October 1, 2016, an annual registration fee of $100.00 per container account. Roll-Off Containers Container Size Pricing 10 Yard Roll-Off $ 20 Yard Roll-Off $ 30 Yard Roll-Off $ 40 Yard Roll-Off $ Roll-Off pricing should not include the 28% Franchise Fee. Separate from the Franchise Fee, there is a $75.00 permit fee for every 90 days. Rate is $ per ton after initial servicing. RFP# 16-3103200 Special Waste Handling Fee $23.00 per cubic yard with a minimum of 5 cubic yard charge of $115.00 for bulky waste, trash and illegal dumping. The fee does not include any administrative surcharge associated with oversight and enforcement of the City code by an enforcement officer. Transfer Station On a monthly basis, the City shall reimburse the franchisee for the costs of operating the transfer station plus an administrative surcharge of twenty percent (20%). Said operating costs shall include, but not be limited to, disposal costs, salaries, insurance and direct costs of operation, not subject to franchise fees. MUNICIPAL COLLECTION AND DISPOSAL The franchisee shall provide containers and garbage receptacles to be serviced at the following City-owned locations. Location/Site Address Container Size Frequency CULTURALARTS CTR 2 yard 2x/week 2105 AU-BABA AVE INGRAM PARK 2100 6 yard 3x/week BURLINGTON STREET POLICE 4yard 1 x/week DEPARTMENT 249S AU-SABA AVE. PUBLIC WORKS 6 yard 1x/week 12950 NW 42NOAVENUE PUBLIC WORKS 20 yard on call (avg. lx/week) 12950 NW 42No AVENUE HELLEN MILLER 4yard 3x/week CENTER/SHERBONDy PARK 390 BAHMANAVENUE UTILITIES BUILDING 4yard 2x/week 215 PERVIZ AVENUE OPA LOCKA 4 yard 2x/week MUNICIPAL COMPLEX RFP# 16-3103200 RESIDENTIAL RATE SHEET Thru September 30, 2017 Residential unit count is 2,934 for FY 2016. The monthly charge for Residential Service of 1-96 Gallon Cart is $ Price should include quarterly City-wide bulk waste collection service. RFP# 16-3103200 Proposal "B" RESIDENTIAL RATE SHEET Thru September 30, 2017 Residential unit count is 2,934 for FY 2016. The monthly charge for Residential Service of 1-96 Gallon Cart is $ Price should include quarterly City-wide bulk waste collection service. RFP# 16-3103200 Proposal "C" COMMERCIAL RATE SHEET THRU SEPTEMBER 30, 2017 Annual anticipated franchise fee payment is $ . Mark "X" for advancement of annual franchise fee payments: monthly; quarterly; semi-annual; and annual. Compacting Service Annual registration fee of $1,000.00 plus 28% of gross monthly billing received. Rental fee of compactor is $ per month and $ per ton and $ per pull for trucking. Container Service Container 1X per 2X per 3X per 4X per 5X per 6Xper 7X per Size Week Week Week Week Week Week Week 1 $ $ $ $ $ $ 2 $ $ $ $ $ $ $ 4 $ $ $ $ $ $ $ 6 $ $ $ $ $ $ $ 8 $ $ $ $ $ $ $ Pricing Matrix should not include the 28%franchise fee. Permit Per Account Fee Commencing October 1, 2016, an annual registration fee of $100.00 per container account. Roll-Off Containers Container Size Pricing 10 Yard Roll-Off $ 20 Yard Roll-Off $ 30 Yard Roll-Off $ 40 Yard Roll-Off $ Roll-Off pricing should not include the 28% Franchise Fee. Separate from the Franchise Fee, there is a $75.00 permit fee for every 90 days. Rate is $ per ton after initial servicing. RFP# 16-3103200 Special Waste Handling Fee $23.00 per cubic yard with a minimum of 5 cubic yard charge of $115.00 for bulky waste, trash and illegal dumping. The fee does not include any administrative surcharge associated with oversight and enforcement of the City code by an enforcement officer. Transfer Station On a monthly basis, the City shall reimburse the franchisee for the costs of operating the transfer station plus an administrative surcharge of twenty percent (20%). Said operating costs shall include, but not be limited to, disposal costs, salaries, insurance and direct costs of operation, not subject to franchise fees. MUNICIPAL COLLECTION AND DISPOSAL The franchisee shall provide containers and garbage receptacles to be serviced at the following City-owned locations. Location/Site Address Container Size Frequency CULTURALARTS CTR 2 yard 2x/week 2105 AU-BABA AVE INGRAM PARK 2100 6 yard 3x/week BURLINGTON STREET POLICE 4yard 1 x/week DEPARTMENT 249S AU-SABA AVE. _ PUBLIC WORKS 6 yard 1 x/week 12950 NW 42NOAVENUE PUBLIC WORKS 20 yard on call (avg. Ix/week) 12950 NW 42No AVENUE HELLEN MILLER 4yard 3x/week CENTER/SHERBONDY PARK 390 BAHMANAVENUE UTILITIES BUILDING 4yard 2x/week 215 PERVIZ AVENUE OPA LOCKA 4 yard 2x/week MUNICIPAL COMPLEX RFP# 16-3103200 .OY, luC Y1;,-,...4-. ■ Ct<- '.,-i, It.. ,,,„-is: frit -.n..,.. 0 CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A.Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1- B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's RFP# 16-3103200 responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non- responsive. D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONSULTANT COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name RFP# 16-3103200 PERFORMANCE BOND (Franchise Agreement and/or Residential Contract) KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called "Franchisee" and/or "Contractor", and as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Opa-locka, Florida, as Obligee, hereinafter called "City" in the amount of Dollars ($.00) for the payment whereof Contractor and Surety bind their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Franchisee/Contractor has by written agreement dated, entered into a contract with City for: PROPOSAL NO. in accordance with terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contractor, specified, or shall pay over, make good and reimburse to the above Obligee, all loss and damage which said Obligee should be null and void; otherwise shall remain in full force and effect, subject however, to the following conditions: A. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. B. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators, or successors of the Obligee. END OF BOND DOCUMENT RFP# 16-3103200 SIGNATURES FOR PERFORMANCE BOND BEGIN ON THE NEXT PAGE RFP# 16-3103200 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials on the day of , 200 . WITNESS: PRINCIPAL (if sole Proprietor or Partnership) (Firm Name) By: Title: (Sole Proprietor or Partner) PRINCIPAL (if Corporation) (Corporate Name) ATTEST: (Secretary) By: (President) (Corporate Seal) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OR SURETY: SURETY: By: (Copy of agent's current license as Issued by State of Florida Insurance Commissioner shall be attached hereto) RFP# 16-3103200 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond ; that , who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and on behalf of said Corporation by authority of its governing body. - (Corporate Seal) (Secretary) ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT SURETY STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , who says that he/she is the Attorney-In-Fact or the , (Surety) and that he/she has been authorized by the Surety to execute the foregoing bond on behalf of the Surety named therein favor of the City of Opa-locka, Florida. Said person is , personally known to me, or has produced (specify type of identification, i.e. driver's license and number, state of issuance, etc) and who , did take an oath, or, did not take oath. WITNESS my hand and official seal, at the County and State aforesaid, on the date and year aforesaid. (Attach Power of Attorney) Notary Public, State of Florida-at-Large My Commission Expires: RFP# 16-3103200 DRUG-FREE WORKPLACE AFFIDAVIT FLORIDA STATE STATUTE 287.087 Identical Tie Proposals: Preference shall be given to business with drug-free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug- free workplace program, a business shall: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 2) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will a Proposal by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. RFP# 16-3103200 DRUG-FREE WORKPLACE AFFIDAVIT (CONTINUED) FLORIDA STATE STATUTE 287.087 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE RPP# 16-3103200 BIDDER INFORMATION FORM All information supplied in connection with this form is subject to review and verification. Any and all determinations concerning this information will be used to determine eligibility for participation in the award. Inaccurate or incomplete answers may result in your Bid being deemed as "Non-Responsive." (1) How many years has your organization been in business under your present business name years (2) State of Florida occupational license type and number: (3) County (state county) occupational license type and number: (4) City of Opa-locka occupational license type and number: (A CITY OF OPA LOCKA OCCUPATIONAL LICENSE IS NOT NECESSARY UNLESS THE BUSINESS IS LOCATED WITHIN THE CITY OF OPA LOCKA) BIDDERS MUST INCLUDE A COPY OF EACH LICENSE LISTED WITH PROPOSAL (5) Describe experience providing these products and services for similar (government) organizations: (6) . . - . - - . _ . . . . - - so'.. -. m - - _ . '.I - . . .- contractor,) for failure to comply, breach, or default? yes no (IF YES, PLEASE ENCLOSE A DETAILED EXPLANATION ON SEPARATE SHEET) RFP# 16-3103200 BIDDER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS Please list all Subcontractors, Sub-consultants, and Suppliers to be used in connection with performance of the Contract. (Use additional pages, if necessary): Company Name: Address: City, State, & Zip Code: Company Name: Address: City, State, & Zip Code: Company Name: Address: City, State, & Zip Code: RFP# 16-3103200 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF BROWARD } I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Opa-locka, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR BID NON-RESPONSIVE RFP# 16-3103200 , ,,. CITY OF OPA-LOCKA d r`' �'rg NON-COLLUSION AFFIDAVIT 4;45 •o e ,c STATE OF FLORIDA-COUNTY OF MIAMI DADE being first duly sworn,deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent)of the PROPONENT that has submitted the attached proposal; He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (2) Such Proposal is genuine and is not a collusive or sham Proposal; (3) Neither the said PROPONENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (4) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPONENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Date RFP# 16-3103200 (,,,.;404t, It , '��t !•• NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Opa-locka. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR BID NON-RESPONSIVE RFP# 16-3103200 BUSINESS/VENDOR PROFILE SURVEY Name of Business: Address: Phone No.: Contact Person (Regarding This Form): Type of Business (check the appropriate type): u CONSTRUCTION SERVICES - Firms involved in the process of building, altering, repairing, improving or demolishing any structure, building or real property. u ARCHITECTURE AND ENGINEERING (A&E) SERVICES - Firms involved in architectural design, engineering services, inspections and environmental consulting (materials and soil testing) and surveying. u PROFESSIONAL SERVICES - Includes those services that require special licensing, educational degrees, and unusually highly specialized expertise. u BUSINESS SERVICES - Involves any services that are labor intensive and not a construction related or professional service. u COMMODITIES - Includes all tangible personal property services, including equipment, leases of equipment, printing, food, building materials, office supplies. A Small Disadvantaged Business Enterprise (SDBE) is defined as a small business concern that is at least fifty-one (51) percent beneficially owned and which is routinely managed by one or more of the following (Please identify Y g ( fy your respective SDBE category): African-American Hispanic Asian-Indian American Asian-Pacific American Native American Any Woman not included among the aforementioned categories FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE RFP# 16-3103200 PUBLIC ENTITY CRIMES AFFIDAVIT DATE: SWORN STATEMENT UNDER SECTION 287.133(3) (A), FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to THE CITY OF OPA LOCKA, FLORIDA b (print individual's name and title) fo (print name of entity submitting sworn statement) whose business address is and, (if applicable) its Federal Employer Identification Numbe (FEIN) is (if the entity has no FEIN, include Social Security Number of the individual signing this sworn statement: ). 2. I understand that a "public entity crime" as defined in Paragraph 287.133 of the Florida Statutes, means . violation of any state or Federal law by a person with respect to and directly related to the transaction o business with any public entity or with an agency or political subdivision of any other state or of the Unite. States, including but not limited to, any bid or contract for goods or services, any lease for real property, o any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" is defined by the Statute to mean a finding of guilt or . conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial cou of record relating to charges brought by indictment or information after July 1, 1989, as a result of a ju verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" is defined in Section 287.133(1)(a), Florida Statutes, means: (A) A predecessor or successor of a person convicted of a public entity crime; or (B) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fai market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall b- considered an affiliate. 5. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natura person or entity organized under the laws of any state or of the United States with the legal power to ente into a binding contract and which bids or applied to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entit submitting this sworn statement (indicate by placing a check in front of the statement which applies): RFP# 16-3103200 • Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there was a subsequent proceeding before a Hearing Officer of the State of Florida Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY, PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO, OF ANY CHANGE AFFECTING THE CORRECTNESS OF THE INFORMATION CONTAINED IN THIS SWORN STATEMENT. (Signature) (Date) RFP# 16-3103200 STATE OF • COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, , who is personally known to me or who has produced as identification, and who, after first being sworn by me, affixed his/her signature in the space provided above on this day of , 20_. Signature of Notary Public Name of Notary Public Title or Rank Serial Number, if any (SEAL) My commission expires: RFP# 16-3103200 ATTACHMENT "A" Reading: February 13,2013 rd Reading: March 13,2013 Public Hearing:March 13,2013 Adopted: March 13,2013 Effective Date:March 14,2013 Sponsor: Vice Mayor Kelley ORDINANCE NO.13-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,TO AMEND CHAPTER 2, OF OPA-LOCKA CODE OF ORDINANCES BY ESTABLISHING SECTION 2-192, FIRST SOURCE HIRING REFERRAL PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the unemployment rate in the City of Opa-locka is extremely high;and WHEREAS, the City awards a substantial amount of dollars in contracts for goods and services each year, which results in the creation of a variety of employment opportunities; and WHEREAS, these contracts are paid for with taxpayer dollars and should be used to promote the sustenance and creation of jobs that will increase consumer income, decrease levels of poverty,invigorate neighborhood businesses and reduce the need for taxpayer-funded programs;and WHEREAS, the City of Opa-locka desires to amend Chapter 2 of the Code of Ordinance by establishing Section 2-192,First Source Hiring Referral Program; NOW,THEREFORE,BE IT DULY ORDAINED 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. Chapter 2, Section 2-192 of the Code of Ordinances, Chapter 2, Administration,is established to read as follows: RFP# 16-3103200 ce o. Sec.2-192.First Source Hiring Referral Program al Title. This section shall be referred to as the First Source Hiring Referral Program. fa Definitions.The following definitions shall apply to this section: A. "Implementing Order"or"I0"means the implementing order developed by the Mayor or Mayor's designee and approved by City Commissioners (the"Commissioner")to give effect to the provisions of this Section. B. "City Contract" means an agreement for the purchase of goods and services specifically identified in the Implementing Order. C. "Contractor"means any person or entity which enters into a Contract with the City. D. "First Source Register"means the register of unemployed persons maintained by the Referral Agency in accordance with the provisions of this Section. E. "Referral Agency" means the South Florida Workforce Investment Board ("SFWIB"). E "Referral Period"means the three(3)to five(5)day period following notification to the Referral Agency of employment availability. C.3 j,First Source Resister created. The Referral Agency shall compile and maintain a First Source Register, which shall be a listing of unemployed persons, including graduates of programs funded by the Workforce Investment Act to be made available to Contractors As a first source for their employment needs. The Referral Agency shall not discriminate on the basis of race, ethnicity, sex, residence, or other protected category or class, in the compilation or maintenance of the First Source Register, or in its referral activities provided for in this Section. The Referral Agency shall, to the extent allowed by law, maintain a data base which identifies the race, ethnicity, sex. and residence of the persons within the First Source Register sufficient to permit adequate analysis of the available work force. CIA Referral Procedure. A. The Referral Agency shall be the first source for employees to fill jobs created to satisfy the requirements of City Contracts. The following requirements shall be included in all City Contracts,except those covered Ordinance No. 13-04 under the Community Workforce Program ("CWP"), and except those covered under programs intended to encourage and assist in the employment of the blind and other severely handicapped persons such as described in Sections 413.032-413.037,Florida Statutes(2011): L The Contractor,prior to hiring to fill each vacancy arising under a City Contract, shall first notify the Referral Agency of the vacancy and list RFP# 16-3103200 the vacancy with the Referral Agency. The listing shall contain a detailed description of the job responsibilities and qualifications,and be posted during the Referral Period.The Referral Agency shall provide a list of qualified candidates, if such candidates are available, to Contractor within twenty-four (24) hours of receiving notice of vacancy. Thereafter, Contractor shall (a) review the resumes and qualifications of the candidates, and (b) make a good faith effort as determined by the City, to fill a minimum of fifty percent(50%)of its employment needs under the City Contract from the First Source Register. Notwithstanding the foregoing. if after the Referral Period a suitable employee is not found from the Referral Agency, the Contractor is free to fill its vacancies from other sources. 2. A good faith effort to employ candidates from the Referral Agency shall constitute, at a minimum, evaluating the qualification of such candidates, and conducting interviews with those candidates who satisfy the minimum competency requirements. The Contractor is not required to hire any individual candidate referred. However, Contractors shall not commit to fill vacancies in any other manner until after the end of the Referral Period, unless the Referral Agency notifies the Contractor in writing prior to the end of the Referral Period that qualified candidates are not available in sufficient numbers to fill the vacancies. Upon such notification, the Contractor may immediately fill vacancies using other sources 3. In determining whether a Contractor has made good faith efforts, the City may consider, among other criteria to be set forth in the Implementing Order: (a) the number, skills and composition of the Contractor's labor force ultimately hired: (b) whether minimum requirements were established for available positions beyond reasonable requirements to complete the job: (c) the number of referred candidates interviewed for the position: and (d) the Contractor's use of the First Source Register to satisfy its labor needs in contracts other than City Contracts. The City's determination as to whether a Contractor has made such good faith efforts is final and binding. 4. All competitive solicitations for Contracts,except those covered under CWP,shall set forth the requirements of this Section. Ordinance No. 13-04 RFP# 16-3103200 15)Monitoring and Compliance. A. City Contracts shall require the Contractor to submit quarterly reports to the Referral Agency indicating the name and number of employees hired by Contractor in the previous quarter, including the source from which such employees were found, and payroll records and tallies of employee work hours. If none of the candidates referred to a Contractor by the Referral Agency were hired. the Contractor shall report the reasons why all referred candidates were rejected in its quarterly reports. Each quarterly report shall be submitted to Referral Agency within two (21 weeks of the end of the quarter. B. For each Contract, the Contractor shall retain records sufficient to determine compliance with this Section. Such records shall include: (1) notifications to the Referral Agency: (2) referrals from the Referral Agency: (3)job applications received from sources other than the Referral Agency: and(4)the number of candidates hired based on referrals from the Referral Agency. To the extent allowed by law, such records shall be made available to Referral Agency upon request. C. Referral Agency shall be entitled to perform random, unannounced site visits to applicable project sites to determine whether or not Contractor has filled its vacancies. D. Referral Agency shall report to the City. any non-compliance with the requirements of this ordinance, any related Implementing Order, or first source agreement between Referral Agency and Contractor. (6)Implementation A.The Mayor or Mayor's designee shall prepare and submit to the Commissioners for approval,the Implementing Order which shall at a minimum: 1.Indicate that all City Contracts shall be subject to the requirements of this Section.The requirements of this Section shall be implemented to the maximum extent feasible,for all City purchases of goods and services. 2. Develop a time frame for implementation of First Source Hiring Referral Program.A rollout department shall be identified to use the Referral Agency with its City Contracts,and all other Civ departments will be phased into this process within six(6)month of the passage of this ordinance. 3. Advise prospective and awarded Contractors of the nature of the First Source Hiring Referral Program. RFP# 16-3103200 Ordinance No. 13-04 4. Set forth procedures to determine Contractor compliance with the requirements of this Section. 5. Recommend and establish a minimum funding threshold. 6. Establish a procedure for review and investigation of allegations of noncompliance with the provisions of this ordinance,implementing order,or first source hiring agreement. 7. Establish a procedure to determine appropriate sanctions for failure to comply with the terms of this ordinance,implementing order,or first source hiring agreement. 8. Establish an appeals process for determinations of noncompliance with the provisions of the ordinance,implementing order, or first source hiring agreement. B. The Mayor or Mayor's designee shall prepare quarterly reports for the Commissioners which shall include: (a)the dollar amount of each City Contract utilizing the First Source Hiring Referral Program:and (b)an analysis of the effectiveness of the program during each quarterly reporting period. at Sanctionsfor Violations. A. Each Contract shall include provisions stating the nature of the sanctions to be imposed on a Contractor that is not in compliance with this Section. Such sanctions shall include,but not be limited to the following; 1. Suspension of contract until Contractorperforms obligations, if appropriate. 2. Default and/or termination. 3. Payment of$1,500 per emnloyee,or the value of wages that would have been earned by employees injured by Contractor's noncompliance,whichever is less. If Contractor attempts to comply with the provisions this ordinance; through fraud,misrepresentation or material misstatement,the City,in its sole discretion,may immediately terminate the subject City Contract. *********** RFP# 16-3103200 Ordinance No. 13-04 Section 3. All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. PASSED AND ADOPTED this 13th day of March.2013. RFP# 16-3103200 Request for Clarification of RFP 16-3103200 Citywide Solid Waste (Commercial and Residential)Collection and Disposal Services 1. For residential services,will the contractor be required to provide new carts to each residence,or will the existing carts remain in place for use by the new contractor? 2. Does the contractor maintain ownership of the carts after the expiration of the agreement and renewal terms? 3. Sec. 6 Scope of Services,item a. references prices to be submitted both exclusive and inclusive of the 28%franchise fee. Please clarify the intent for pricing submittal in all options in Proposals:"A""B"and "C." 4. Is there a franchise fee on residential services? 5. Sec. 6 Scope of Services includes "construction and demolition debris." Does that mean that this material will be awarded exclusively to the commercial franchisee? 6. There is no curbside recycling in the Scope of Services. Will the city continue with the Miami- Dade County Curbside Recycling program? 7. Please confirm the number of single-family,duplex units,tri-plex units,and four-plex units that comprise the 2,895 units referenced in Sec.6.Are all serviced with carts? 8. Sec. 6 Scope of Services includes in item b. an apparent limitation on the size of acceptable bulk waste items. It appears that the word "not" may have been omitted before "exceeding" and before "weighing" in line 6. Please clarify. 9. Sec. 6 Scope of Services includes in item b. items that are not typically collected from residences in a residential solid waste program,due to health and safety reasons. Please confirm if the city wishes to include potentially hazardous materials such as tires,oil,ash residue, biological wastes,etc. in its residential service. 10. Please clarify which franchise (residential or commercial) includes the various in-kind service obligations listed in the RFP. 11. Please confirm that compaction services are included in the exclusive commercial franchise, and that such inclusion is not inconsistent with city code or other regulations. 12. Will all existing compaction accounts be required to use the city's exclusive franchisee for service at the commencement date? 13. The "Compacting Service" price pages A and C include rental fees. Due to the huge variation in compactor sizes, styles,and options, a fixed "one size fits all" price is inappropriate. Additionally, many customers purchase compactors outright and/or lease them directly from compactor manufacturers. With this in mind, the city may wish to delete the rental line item, and instead, include language that compaction equipment leases and sales are to be negotiated between the contractor and the customer. That would leave the bid prices on the forms to include a rate per pull, a rate per ton, and a franchise fee. 14. The RFP does not specify a disposal site. Are contractors able to choose any properly permitted disposal site? 15. There is no rate adjustment language for changes in disposal rates. Will the city allow a disposal cost adjustment when disposal facilities increase their disposal fees? • 16. Will the city consider allowing an annual fuel adjustment? That will allow better initial pricing,as the contractors will not have to guess at future costs and include higher fees to cover the uncertainty. 17. Please clarify exactly what is involved in operating the transfer station as referenced on Proposal form A and C. Where is it located? How is it managed? How many containers and how many pulls are required? How does the city pay the contractor? 18. Please clarify when the$23 per yard would be charged as shown on price forms A and C. Is that only for illegal and special pickups? Who will pay,the customer or the city? 19. Will the contractor bill commercial customers directly? 20. Will the contractor bill the city for residential services? 21. How many tons of residential waste,commercial waste, and rolloff waste were generated last year? 22. Does the city have a contract in place requiring disposal at a specific site? If so, please provide a copy. 23. Are franchise fees payable on billed revenue or collected revenue? 24. Please provide a list of all existing accounts serviced under the commercial franchise and all compaction accounts. 25. Please provide the container sizes and collection frequencies for the customers in the above question. Solid Waste: Issues: Agenda items: UWS enforcement; 2 x year illegal dumping; and 1 x a week 1 CY drop at Transfer Station; Administrative Order on G&T and Bulky Waste changes On Ordinance for 2x a year illegal dumping, Comm. Kelley expressed concern about how to be noticed and implemented. Requested that Manager provide how this is implemented in other cities, due to problems he saw in his review of other cities' implementation. (Outstanding issue; final vote and staff is researching mentioned concern). Start of quarterly bulk waste—Jan with Dec monthly. Notice out:flyers; calendars; sleeves on cans; robo calls; billboards; Opa TV; who produces what; splitting of costs; Enforcement: UWS designation by Mgr; how many UWS enforcers and who pays; flat rate?; Training and swearing in; Start date; Warnings; Citation books; practice in field; Administrative cost of enforcement—determining a standard; and is the admin cost inside or outside of the fine amount? Ecological Daily communication between UWS and City: Joint/online records, communication? Enforcement: Customer Service: Payments to and from City and UWS: funds to UWS after City receives; need for invoice payment by both UWS and City. Tipping fees and County Dept of Solid Waste Mgt. TO : a , 016 nswers to questions w i• ll b e o rw a r e Friday, • Any other questions should be submitted by Friday May, 6, 2016. Rose A. McKay Purchasing Officer 305-953-2868 ext 1307 786-385-3853 cell rmckay@opalockafl.gov Public Records Notice: Under Florida Law,email addresses and electronic communications are public records. If you do not want your email address or the content of your electronic communication released in response to a public records request,do not send electronic mail to this entity. 2 I�.TlL CITY OF OPA-LOCKA CERTIFICATION OF PROPOSALS RECEIVED REQUEST FOR PROPOSALS (RFP) NO. 16-3103200 CITYWIDE SOLID WASTE (COMMERCIAL AND RESIDENTIAL) COLLECTION AND DISPOSAL SERVICES I,Joanna Flores,City Clerk of the City of Opa-locka,Florida,do hereby certify that according to the provisions of Sec. 2-320.1 of the City's Code of Ordinances, sealed proposal(s) were opened at the Office of the City Clerk,780 Fisherman Street,4th Floor,Opa-locka,Florida,at 2:09 p.m. this 20th day of May, 2016. PROPOSALS RECEIVED Name of Company 1. Universal Waste Services(UWS)of Florida 3121 NW 131st Street Opa-locka,Florida 33054 Contact: Joseph F.Spiezio,III, Chairman Tele: 305.735.2557 Cell: 914.231.0200 2. Great Waste 3051 NW 129th Street Opa-locka,Florida 33054 Contact: Carlo Piccinonna,MGRM Tele: 305.688.6188 Direct:954.4963540 Email: carlo @great-waste.com 3. Waste Management Inc.of Florida 2700 Wiles Road Pompano Beach,FL 33073 Contact: Timothy B.Hawkins,President Tele: 954.984.2000 Email: thawkins @wm.com 4. World Waste Recycling 4701 NW 35 Avenue Miami,FL 33142 Contact: Eileen Damaso Tele: 305.635.5144 Email: edamaso @worldwasterecycling.com 1 Financial Stability and Resources: 15 points Proposers must submit proof of financial stability and resources such that proposer clearly demonstrates that it has sufficient equipment, capital, labor, and other resources necessary to perform the scope of work without delay to the inception of the contract and throughout the entire term and subsequent potential renewal terms. In addition, Proposers must submit fully audited financial statements for the past two (2) years. Proposers that fail to submit the required financial statements shall be considered non- responsive. Qualification and Experience: 15 points Proposer should describe its or its past and ongoing experience providing services of a similar nature to those requested herein, including how long the Proposer has provided solid waste collection services, and whether or not the Proposer has provided solid waste collection services in Florida within the past five (5) years. Proposer shall disclose any and all litigation, past and present between Proposer and the City of Opa- locka, including disposition of each mater. The Proposer shall disclose any pending acquisitions, mergers, or similar actions that would include Proposer's staff, assets, or majority stock transfers. Customer Service & Operations Plan: 5 points The Proposer shall provide a comprehensive description of Proposer's approach to phasing in the new contract. The proposer shall explain how they will meet each of the minimum requirements for transitioning to ensure a smooth transition to the implementation of the new Solid Waste Collection Contract so that the inconvenience to the customers is minimized, including proposed rates for extra roll-out cans and replacement of roll-out cans. Proposer shall specify how many collection vehicles it will use for all services, including residential curbside collection, residential bulk collection, commercial collection, and roll-off collection. All collection vehicles must be no more than five (5) years old. References: 5 points Provide at least three (3) customer references, including name, title, affiliation, telephone number, email address, mailing address and a description of the services provided. The service description should include the dates such services were provided, the tonnage of materials handled. If available, such references should be representatives of Florida jurisdictions to which the proposer or its subcontractor is currently providing or has provided services within the last five (5) years. RFP# 16-3103200 limits not less than One Hundred Thousand Dollars ($100,000.00) each accident for property damage liability per vehicle. In addition to the above insurance, there must be excess coverage to at least One Million Dollars ($1,000,000.00). 3. General Liability: Contractor shall carry, in its own name, a comprehensive liability policy for its operations other than automobile with limits of at least One Hundred Thousand Dollars ($100,000.00) for each accident bodily injury liability, and Fifty Thousand Dollars ($50,000.00) each accident for property damage liability. 4. Liability of the City: The above insurance requirements shall not be construed as imposing upon the City, or any official or employee, any liability or responsibility for damages to any person injured or any property damaged by Contractor and Contractor shall indemnify and hold City harmless from and against any liability, cost, suit, money, damages and attorney's fees relating thereto. 14. Evaluation Criteria Price Proposal: 35 points • Proposer shall submit the form Proposal "A" for exclusive award of all commercial and residential solid waste collection and disposal services (Commercial Garbage, Curbside Residential Garbage, Multi-Family Garbage, Quarterly Residential Bulk Waste, Roll-off, Waste Compacting Service, Community Beautification Projects, Municipal Collection Service and Special Events). • Proposer shall submit the form Proposal "B" for exclusive award of residential service ONLY (Curbside Residential Garbage and Quarterly Residential Bulk Waste). • Proposer shall submit the form Proposal "C" for exclusive award of commercial service ONLY (Commercial Garbage, Multi-Family Garbage, Roll-off, Waste Compacting Service, Community Beautification Projects, Municipal Collection Service and Special Events. Advancement of anticipated annual franchise fees payments for exclusive award of all commercial and residential solid waste collection: Maximum 20 points. • Monthly: 5 points. • Quarterly: 10 points. • Semi-Annual: 15 points. • Annual: 20 points. RFP# 16-3103200 i Pp 1ocir zF d� ' Cit 11 (1/11‘ Pl ogYg as sir��.r\i4""?. Y .vv�o tWozeickt, MEMORANDUM To: Owen Carney—Public Works Arshad Vigar—Building & Licens _ King Leonard—Public Works L.,� 5 Gerald Lee—Community Development Paul Morella—Miami Dade County ■ ; , litiv From: Rose A. McKay, Purchasing Officer\.r Date: May 23, 2016 RE: Evaluation of RFP# 16-3103200 CITYWIDE SOLID WASTE (COMMERCIAL& RESIDENTIAL) COLLECTION & DISPOSAL SERVICES You have been selected to participate in the evaluation of the Request for Proposal submitted in response to RFP#16-3103200. Attached you will find the following documents: One copy of each of the four (4) proposals submitted Copy of RFP# 16-3103200 that was advertised Procedures Effective immediately a Cone of Silence is in effect and will continue until the City Commission has approved the City Manager's recommendation. A Cone of Silence prohibits any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, consultant, City staff, or Commissioner and any member of the Evaluation Committee. Evaluate and rate proposals based on the criteria published in the RFP only. Reviewers must record their evaluation on the rating form. • During this process, a reviewer is prohibited from accepting any meals, gifts or anything of value from a proposer. Disclose any personal affiliations with any of the proposers (i.e. business relationship, family relationship, close friendship,...) that might affect your judgment or may be seen as such. The evaluation review meeting is scheduled for THURSDAY, MAY 26, 2016 AT 10:00AM, at 780 Fisherman Street 4th Floor Opa Locka, Fl 33054. Please let me know if you have any questions or concerns. /ram Attachments Sponsored by: City Manager RESOLUTION NO. 14-8876 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO CONSIDER THE REQUEST OF ECOLOGICAL PAPER RECYCLING, INC., TO ASSIGN THE COMMERCIAL AND RESIDENTAL SOLID WASTE CONTRACT WITH THE CITY OF OPA-LOCKA TO UNIVERSAL WASTE SERVICES OF FLORIDA, INC.; PROVIDING FOR ALL TERMS AND CURRENT REQUIREMENTS TO APPLY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City contracted with Ecological Paper Recycling, Inc. for residential and commercial solid waste collection; and WHEREAS, Ecological Paper Recycling has executed a purchase agreement with Universal Waste Services of Florida, Inc. for the purchase of certain assets, which includes the residential and commercial solid waste contracts with the City of Opa-locka.; and WHEREAS, Ecological Paper Recycling, Inc. is requesting the City of Opa- locka to consider an assignment by Universal Waste Services of Florida, Inc. as the City's residential and commercial solid collection vendor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida, hereby directs and authorizes the City Manager to execute all documents necessary for Ecological Paper Recycling, Inc. to assign its contract to Universal Waste Services of Florida, Inc., for the City's residential and commercial solid collection, subject to Resolution No. 14-8876 approval and execution of the final documents by City Manager and City Attorney, specifically included the issues of outstanding fees for city pick-up of garbage and trash and language addressing any future failures by the new contractor to pick-up garbage and trash in a timely manner. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of December, 2014. �► YRA TA OR MkYOR Attest to: Approved as to form and legal sufficiency: Jo.1. 'a Flores Joseph S. Geller John Dellagloria City Clerk GREENSPOON MARDER, PA City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: VICE MAYOR HOLMES Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: OUT OF ROOM Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES 2 _,,•LocKq 0 >- P c /y, City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: 12/10/2014 X (EnterXin box) Fiscal Impact: Ordinance Reading: 1n Reading 2nd Readin (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No _ No (EnterXin box) x x Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (EnterXin box) Fund for new city hall Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin box) Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan'Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational p Bus.&Economic Dev 0 Required to expedite the construction Public Safety of the new City Hall Building. Quality of Education Cl Qual.of Life&City Image Communcation Cl Sponsor Name Department: City Manager City Manager-CIP Short Title: Ecological Paper Recycling Request to Reassign Sanitation Contract to Universal Waste Services of Florida,Inc. Staff Summary: Ecological Paper Recycling, Inc. executed a purchase agreement with Universal Waste Services of Florida, Inc.for the purchase of certain assets, which includes Ecological residential and commercial solid waste contracts with the City of Opa-locka Proposed Action: No recommendations at this time. Attachment(s): 1. Letter from Ecological 2. Background and Experience 3. Letter of Recommendation 4. Certificate of Insurance 5. Qualifications o a tiro,._I LL�Jo^ MEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Timothy Holmes Commissioner Joseph L. 4'.Iley Commissioner Lui B.Sa,tiago Commissioner Tere,ce Pinder FROM: Kelvin L.Baker,City Mana DATE: December 3,2014 RE: Ecological Paper Recycling Request to Reassign Sanitation Contract to Universal Waste Services of Florida,Inc. Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO CONSIDER THE REQUEST OF ECOLOGICAL PAPER RECYCLING, INC TO REASSIGN THE COMMERCIAL AND RESIDENTIAL SOLID WASTE CONTRACT WITH THE CITY OF OPA-LOCKA Descriptions Ecological Paper Recycling, Inc. executed a purchase agreement with Universal Waste Services of Florida, Inc. for the purchase of certain assets, which includes Ecological residential and commercial solid waste contracts with the City of Opa-locka Financial Impact: This is a budgeted item. Implementation Time Line:As soon as possible. Recommendation(s): No recommendations at this time. ATTACHMENT(S): 1. Letter from Ecological 2. Background and Experience 3. Letter of Recommendation 4. Certificate of Insurance 5. Qualifications END OF MEMORANDUM ecol®gicc� paper recycling, inc. December 1,2014 Kevin Baker, City Manager 3400 NW 135 Street,Building B Opa Locka,FL 33054 RE: Assignment of Residential and Commercial Waste Contracts Dear Mr. Baker: The purpose of this letter is to advise that on November 7, 2014, Ecological Paper Recycling, Inc. executed a purchase agreement with Universal Waste Services of Florida, Inc. for the purchase of certain assets, which include Ecological's aforementioned residential and commercial solid waste contracts with the City of Opa Locka. By this letter we are advising of our intent to assign these agreements from Ecological to Universal Waste Services of Florida, Inc. We have attached hereto information on Universal Waste Services of Florida, Inc. If you need any additional information,please let me know. Ecological is fulfilling all of its contractual commitments to Opa Locka and is prepared to cooperate fully in all transitional requirements. - y truly yours, Ecological Paper Recyclin* •. 7 Air Jose Flores, 'Of f ,o, u Ecological Paper Recycling, Inc., 2350 Northwest 149 Street, Opa Locka, Florida 33054 Tel; Fax 305.688.8159 Fax: 305.688.8953 ® www.ecoworks360.corn Universal Waste Services of Florida, Inc. 2641 :'d. FIE initigo goad Sunrise, Florida 33323 305-735-2257 December 1, 2014 Kevin Baker City Manager City of Opa Locka 3400 NW 135th Street,Building B Opa Locka,Florida 33054 Re:Background and experience Dear Mr.Baker: The following is a snap shot of our companies and commitment and experience under my leadership. We have an experienced and talented board of directors and expect our growth in Florida to be exceptional. We focus on customer service and while we consider ourselves a firm that focuses on the community and the clients its serves. We have multiple talents and well beyond just the waste and environmental division that allows us to provide additional expertise to the municipalities we serve. We have acquired this venture under the company, Universal Waste Service of Florida, Inc. I will begin to spend more time in the sunshine state to grow our companies. I have included snap shot of my professional bio and those of my top executives and board of directors. Jospiezio III Education: St. John University—Bachelor of Science in 1983 CUNY Law School—Juris Doctorate degree in 1987 Emn t: Chairman/CEO ECSI America, Inc.; ECSI International Inc.; Waste Services of America Corp.; R&S Waste Services,LLC; Frontline Waste Management Corp.; Competition Carting and Rubbish Removal Corp.; Can Man Sanitation,Inc.; Universal Waste Services of Florida,Inc.; ISG Risk Management,Inc.; MRG Construction Services, Inc.; Certified Site Safety of NY,LLC ECSI America, Inc. ("ECSI")the parent of all entities that I presently am the Chairman and CEO is becoming a leader in an emerging industry of professional occupational risk management services and growing waste services. The core focus of ECSI is for the construction and real estate development industries in New York, Connecticut,Louisiana and Florida. ECSI's business strategy consolidates existing businesses with synergistic verticals, into a single entity to become a market leader across three inter-related activities: Environmental/Waste Services Hauling, Containers,Interior demo,residential and commercial sanitation Construction& Consulting Services Logistics planning, Expediting services ® Safety Engineering and Risk Management Site Safety Managers,Fire Plans,Fire Equipment Our goal is to provide the highest quality service to our clients through our fully integrated lines of business. The Environmental portion that consists of our Waste Companies we are very sensitive to the needs of municipalities. We currently operate in Florida,New York and Connecticut and maintain over 25,000 residential customers and references could be provided upon request. We services The Town of Yorktown, Village of Pelham, Town of Greenwich, Cos Cob,Byram, Old Greenwich, and Town of Cannel. We specialize in both front and rear load packers and we maintain customer service representatives to handle the questions relating to services. We have over 9600 commercial customers and over 10 school districts,hospitals and the entire County of Westchester. We are fully licensed and insured. We have combines experiences of over 70 years of leadership and customer services is our priority. The following are affiliations, boards and committee; Knights of Columbus, 3rd degree; City University Law School Alumni Association; Kiwanis International,Past President,Board of Directors(was one of the youngest Presidents for consecutive years); St. John's Alumni Association; Riverside Healthcare Systems,Inc.,Board Of Trustees; Downtown Yonkers Management Association,Past Chairman; Downtown Yonkers Business Improvement District, Past Vice Chairman; DYMA Task Force,Past Chairman; Central Park Avenue Business Improvement District study group for the Mayor, Past Co-Chairman; Yonkers Chamber Of Commerce, member and Past Board Of Directors; New York Archdiocese, Past Steward; City Of Yonkers Mayor's Economic Task Force; Member;National Association of Home Builders, Capital Region Builders Association, Special Olympics Partner; Groundwork's Yonkers,Inc.,Past Board Of Directors; YMCA of Yonkers, Board Of Directors; Friends Of Yonkers DARE, Inc., Chairman, Board Of Directors, Co-Founder of this Chapter, National Cancer Society, St. Jude Children's Hospital Partner in Hope, Children's Cancer Research Society,National Association of Manufacturers, member. Awards Proclamations and Certificates: Phillips Manor Hall Honored for Contribution for the Development in the Downtown Waterfront Area Yonkers Rising Star Award Island Park Chamber of Commerce Beautification Award Development of a commercial building. YMCA Community Leadership Award Yonkers Friends of the Arts Medici Honoree Proclamation by the City of Yonkers Mayor, Business week for my tireless time and effort Proclamation by the City of Yonkers Mayor, First Rising Star Award in the City of Yonkers Certificate of Recognition from Mayor's office Saving of a local historic monument Yonkers YMCA Annual honoree Dedication to the YMCA Youth and City of Yonkers Community City Council Certificate of Recognition- Saving of a historic Monument Certificate(s) of Appreciate and Special Recognition- Yonkers YMCA Certificate of Recognition-Board Member YMCA City Council Honorarium, Community Leadership Award New York State Assembly Citation Mayoral Proclamation-concerted effort in revitalizing the Downtown Certificate of Appreciation NAACP New York State Assembly Citation Congressional Proclamation New York State Senate Proclamation Board of Directors; 1)Joseph F. Spiezio,III—Chairman of the Board/CEO Joseph F. Spiezio, III is the Chairman and Chief Executive Officer of ECSI companies. Prior to becoming Chairman and Chief Executive Officer of ECSI America, Inc. Mr. Spiezio served as founder and Chief Executive Officer of several Waste and Environmental Companies that specialize in residential and commercial sanitation with over 70 trucks and 100 employees in 3 states with an emphasis on Florida which is its growth area for 2015. ECSI has over 150 employees who include architects, engineers, program managers, safety risk management and construction services professionals which serve clients around the world. Mr. Spiezio is the Chairman of the Board of Directors for Certified Site Safety, LLC, a WBE and DBE company now a subsidiary of ECSI America, Inc. providing Construction Site Safety. Mr. Spiezio is also the founder and CEO of a Real Estate Development Company in New York, New Jersey, Louisiana and Florida. 2)Michael R. Gianatasio, PE—Director/COO As ECSI's President, Mr. Gianatasio implements companywide systems and procedures for reporting, project controls, financial controls, and human resource protocols. He is responsible for the global operations of safety, engineering, waste services and construction program management. Various training models and for safety in sanitation drivers and helpers to improve safety in residential neighborhoods. Mr. Gianatasio is a licensed professional engineer, registered in four states, with over 18 years of experience in the engineering, safety and construction management industry. He also holds a B.S. from Manhattan College with a degree in Civil Engineering. As a seasoned safety and construction professional, Mr. Gianatasio maintains a NYC DOB Site Safety Managers License and FDNY Construction Sie Fire Safety Managers Certification among his many other OSHA Certificationst He has also served as an expert witness in NY State Supreme Court Labor Law cases. 3)Ambassador Charles Gargano-Director Ambassador Gargano was named to our Board of Directors in October 2014. Recently, U.S. Immigration Fund, a national leader in EB-5 financing, Ambassador Charles Gargano as Executive Director of U.S. Immigration appointed oversee the future development and success of the U.S.Immigration Fund portfolio of USCIS-approved Regional Centers. Charles Gargano has spent more than 20 years in public service at the State and Federal level, serving Presidents Ronald Reagan and George Bush, and New York Governor George Pataki. His governmental roles have included: Deputy Administrator of the Federal Urban Mass Transportation Administration in 1981; Ambassador to the Republic of Trinidad and Tobago from 1988 to 1991; Chairman and CEO of the Empire State Development Corporation and Vice Chairman of the Port Authority of New York and New Jersey from 1995 to 2007. Prior to entering public service, Mr. Gargano, a Professional Engineer, was a partner in Posillico Construction and Engineering Corporation for 21 years. 4)Governor David A. Paterson-Board of Directors • Governor Paterson became New York's 55th Governor on March 17, 2008. In his first address as Governor, he spoke about the challenges facing New York and his plans to build a better and brighter future for the citizens of this great state. Governor Paterson was ahead of the national curve in predicting and acting on the State's fiscal downturn. Despite the greatest economic crisis that New York State has ever faced, Governor Paterson enacted sweeping reforms on a wide range of issues facing New Yorkers. Governor Paterson led the movement to create permanent reforms to the way health care is delivered in New York State to rationalize the State's Medicaid reimbursement system and provide increased investment in primary and preventative care. He overhauled the Rockefeller Drug Laws for the first time in more than 30 years and after a 9-year struggle to update the 1982 law governing bottle deposits, Governor Paterson guided the legislature to enact the Bigger Better Bottle Bill. In addition, as a result of the Governor's leadership, the Empire Zone Program is being reformed, the basic welfare in two decades to help assist those grant was increased for the first time unprecedented economic turmoil and unemployment g �g m �v� during a time of extended. insurance benefits have been In 2009, Governor Paterson successfully negotiated an MTA financial rescue package allowing commuters to avoid painful service reductions, and he introduced landmark civil rights legislation that will end legal discrimination against same-sex couples in New York. In 1985, at the age of 31, Governor Paterson was elected to represent Harlem in the New York State Senate, becoming the youngest Senator in Albany at the time. In 2003, he became the first non-white legislative leader in New York's history when he was elevated to Minority Leader of the Senate. He made history again in 2004 when he became the first visually impaired person to address the Democratic National Convention and again in 2007 when he became New York's first African- American Lieutenant Governor. As Lieutenant Governor, he led the charge on several crucial issues for New York's future including achieving Iegislation for stem cell research, working to prevent domestic violence, putting forth a statewide renewable energy strategy and championing the expansion of minority and women owned businesses in New York. Governor Paterson, who is legally blind, is nationally recognized as a leading advocate for the visually and physically impaired. He is a member of the American Foundation for the Blind and he serves on the Board of the Achilles Track Club. He has served as a member of the Democratic National Committee and as a Chairman of the Coalition of Northeast Governors (CONEG). Governor Paterson was born May 20, 1954 in Brooklyn, NY to Portia and Basil Paterson, the first non-white Secretary of State in New York and the first African_ American Vice-Chair of the National Democratic Party. He earned his bachelor's degree in History from Columbia University in 1977, and completed his J.D. at Hofstra Law School in 1982. 5)Michael J.Mauro,Esq. -Michael J.Mauro is the Senior Vice President, General Counsel and Director Mr. Mauro oversees all aspects of ECSI's global legal functions and compliance In his role Mr. Mauro assists in the development of corporate policies,procedures and programs and provides continuing counsel and on legal implications of all matters. He is responsible for on ensurin matters and conducts its business in compliance with applicable laws and ensuring He serves as key lawyer/legal advisor on all major business transactions, acquisitions, divestitures and joint ventures. As general counsl he udgesdte merits of major court cases filed against or on behalf of the company, the appropriate executives to define a strategic defense and approve settworks with f disputes where warranted. Prior to joining the company,Mr. Mauro has held a distinguished career as a trial and appellate counsel representing corporate clients in various judicial and administrative forums.He was a partner at a private law firm in his previous employment. We can supply references upon request and additional staff if required. We look forward to the opportunity to serve this fine City. I can always be reached via cell phone at 914-447-0337 or email ioseph.spiezio aNiasteservices.r.,r Sincerely, 9-a .5;a , 999 Joseph F. Spiezio,III Chairman/CEO MICHAEL A. PIZZ1, JR., P.A. Atforwe y cut-Law- 8501 N. W. 1381 Sfre 14-- #2206 M i.a.ww Lak.ey, Ft,o ri.da. 33016 E-mail: mpizzitpizzilaw.com Tele-9t i.e: (786) 307 5493 December 3,2014 Mr.Joe Geller City Attorney City of Opa-locka Opa-locka,FL Re: Joe Speizio Dear Mr. Geller: As requested,attached please find the attached documents that I am requesting be attached as an Agenda Item at the City of Opa-locka's Council meeting next Wednesday. Included are the assignees Certificate of Insurance,list of exemplary qualifications,along with multiple letters of recommendation.Please forward these to the Manager.Finally, please forward me a draft of any proposed Resolutions for next Wednesday's Agenda relating to this item. It is critical that this item be resolved successfully next Wednesday. Please call me if you have any questions. Very truly yours, /1/.4:- o_ Michael A. Pizzi,Jr.,Esq. Timothy S.Cassidy ' , Mayor �_ r,• - - Robert A.Yamuder ' ' W—esadresus Couatp " Administrator Nea York sa 4 June 10,2014 Mr.Joseph F. Spiezio,III Chairman R&S Waste Services,LLC 1 Radisson PIaza New Rochelle,NY 10801 Re: Letter of Recommendation Dear Mr. Spiezio, III: As you know,the Village of Pelham retained R&S Waste Services, LLC as of March 1,2014 to perform waste and recycling collection services. Since that time,I am pleased to report that R&S Waste Services,LLC has continued to meet and exceed our expectations for municipal waste management services in terms of professionalism, including but not limited to: regular on-time pickups;responsiveness to the Village of Pelham's administrative inquiries and the residents at large;well-maintained trucks and equipment (including new CNG-powered vehicles);expertly trained staff;overall cleanliness;and competitive pricing of waste management services. Please feel free to distribute this letter of reconunendation to any prospective client of R&S Waste Services,LLC, and I would be happy to respond to any and all inquiries of interested parties who seek'highly experienced, efficient and professional waste management services, Keep up the good work! Sincerely, Robe A. Yamuder Village Administrator 195 Sparks Avenue,Pelham,New York 10803 ® Telephone 914-738-2015 • Facsimile 914-738-7381 40 Y°fir Yorktown Town Hall .1788 383 Underhill Avenue,P.O.Box 703 (914)962-5722 L Yorktown Heights,NY 10598 www.yorktownny.org June 17, 2014 Competition Carting, Inc. ATTN:Joseph Splezio, Chairman 1. 1 Radisson Plaza New Rochelle, NY 10801 Dear Mr. Spiezio: Since January 2013, Competition Carting has been the Town of Yorktown's contractor for the collection and disposal of residential refuse and recyclables. With approximately 36,000 residents, Competition Carting collects kitchen refuse (twice/week) and curbside recyclables(once/week)from 10,300 service stops. Our residents expect reliable and courteous service, and the Town of Yorktown is fortunate to have Competition'Carting to do the job. Sincerely, t �� v Kim Angliss Gage Recycling Coordinator Cc:M.Grace, Supervisor—Town of Yorktown i Crompond/Croton Heights/Huntersville/Jefferson Valley/Kitchawan/Mohegan lake/Shrub Oak/Sparkle•Lake/Teatown/Yorktown!Verktown 11: -_ 9tt6S- "I set my whole being to endeavor to 1 bring consolation to the cancerous poor. Servant of God, Rose Hawthorne Mother Mary Alphonse, O.P. 1851 - 1926 April 18, 2014 Mr. Joseph F. Spiezio, Ill Waste Services of America 1 Radison Plaza, 8th floor New Rochelle, NY 10801 Dear Mr. Spiezio: A few days ago Michael Vetrano, our service representative with R&S Waste Services, brought our contract renewal for the next two years. We were caught off guard by your great generosity to us in regard to the monthly rate. It is deeply appreciated. I enclose a brochure about Rosary Hill to give you an idea of the work your kindness is helping to support. Be assured that the Sisters will remember you and especially your son in our daily prayers for our benefactors. You will also be included in the novena of Masses to be said in our chapel during the Easter season for our benefactors. God bless you and all who are dear to you. Very truly yours, Sister Mary Joseph, OP Treasurer ?{osary 7Cia-Home, 600 Linda Avenue, Hawthorne, New`York 10532 (914) 769-0114 GLEN SuMing inspection AMY J.SIEBERT,P.E. arC . lC�'\ Engineering Maintenance COMMISSIONER ` Eng neert^e n;ghways DAVID P.THOMPSON,P.E. Y r =1 3 "\+ Recycling DEPUTY COMMISSIONER 1/: $ Sewers -. 4t ., r. ,-- � 'Sad Waste dls,oel Si~' L -- 'Defile Engineering DEPARTMENT OF PUBLIC WORKS May 28,2014 Re:Can Man Sanitation,Inc. To Whom It May Concern; I am writing in regards to the above referenced hauling company that is doing business with The Town of Greenwich.We have no issues and fully recommend them to any local organization.We have no complaints and their services have set the standard by which others should follow.I also appreciate Can Man Sanitation's interest in the Town's volunteer recycling organizations,to educate themselves and their customers for improved recycling. If you should have any questions,please feel free to contact the undersigned. Sincerely, JS' Patrick Collins Environmental Operations Manager Waste Disposal Division Department of Public Works 4 Holly Hill Lane Greenwich, CT 06830 Phone:(203)869-6910 Fax:(203)618-0653 Email:Pcollins @greenwichct.org • Town Hall,101 Field Point Road,Greenwich,Connecticut 06836-2540 PHONE;(203)622-7740 FAX NO.(203)622-3716 • • F•- ';17IY'Y t•. ..`i. •t }' 1 ..,rte. ()Westchester&iemanore 1922-1929 v r ' r J 192.1 2007 •. - �estdiester �_ Qtc/iestet ountyy cClub Office of the Director of Engineering Mr.Michael A. Calgi August 2014 To Whom It May Concern: This letter is to provide a very positive reference for R&S Waste Services,LLC. This company has provided waste removal services at Westchester Country Club in Rye, New York for more than ten years. During that time our Club has been very pleased with their services and the attention to detail they provide for our waste and recycling needs as well as them maintaining their onsite equipment Overall the experience has benefited the Club in all aspects. They utilize proper safety methods and standards and always with professionalism. Their account manager, Mike Vetrano, has always been friendly,courteous,and quick to respond to any service issue with resolve. Should you desire any additional information concerning R&S Waste Services,LLC,please feel free to call me at my office number below. 1' 1R '9i e cha A. o. gi Director of Engineering 914.798.5383 calgi/1 etter/08.22.14 99 Biltmore Avenue o Rye,New York 10580 0(914)967-6000 0 Fax(914)967-3429 It ' 1892 GREENWICH COUNTRY CLUB 19 DOUBLING ROAD GREENWICH,CONNECTICUT 06830 W W W.GREEN W ICI-ICOUNTRYCLU B.ORG July 1,2014 To Whom It May Concern: I am writing to you in support of Can Man Sanitation Inc., and R&S Waste Services,LLC,both companies are run under the ownership of Joseph F.Spiezio,III. Based upon their reliable services,Mr_Spiezio's honesty in the handling of our materials,and costs associated with our open top weight tickets,the Greenwich Country Club began a business relationship with this waste hauling company. I am very encouraged to see the Connecticut division know as Can-Man Sanitation serving both our small and large local businesses. If you have any questions or need further information please feel free to contact me directly. Sincerely, Guy D'Ambrosio, General Manager Page 1 of 1 Main (denti From: "Leslie Howard"<gorillaga13©verizon.net> To: "Maggie Klein" < Sent: Sunday,August 24,201414:255 PMhamweekiy_com, Subject: letters to the editor Kudos to Pelham, for making it a cleaner and s live, work and drive throughr afar place to butThis letter has been too long in actually I have to say �� YOU for � putting I R & S Waste Removal. changing �' act words, I had close calls with Removal.. trucks running contracts from I can not tell you how many lights, or going the wrong wa-, any or times garbage trucks w way down a one way s tre signs or this or minivans . no match to even the sturdiest One They were an accident waiting to happen. Additionally, as someone who works in Pelham resident ) , on many occasions I was behind an AAA truck, find them driving off after spilling They were more concerned with gwhat�time lth y would clock out for the day, than the clock out r I have day, the men job they ey would y performed. On the and shovel, cleaning up .� r from R � S Waste with a broom � debr. � that didn' t make it into the truck. vel, Ci are also �d they observe the rules more ?polite, harder work and they of the road, j-i�,�� I hope Pelham keeps renewing their. contract! Thank you, Leslie Howard New Rochelle resident who works in Pelham 8/24/2014 AMENDMENT TO AGREEMENT FOR THE RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING CONTRACTS WITH THE CITY OF OPA-LOCKA, FLORIDA, ASSIGNED TO UNIVERSAL WASTE SYSTEMS OF FLORIDA,INC. WHEREAS, the City of Opa-locka, Florida (City) entered into an Agreement with Ecological Paper Recycling, Inc., (EPR) for the collection and disposal of Commercial Solid Waste, a copy of the Agreement being attached as Exhibit"1"; and WHEREAS, the City entered into an Agreement with EPR for the collection and disposal of Residential Solid Waste, a copy of the Agreement being attached as Exhibit "2"; and WHEREAS, on December 1', 2014, EPR sent a letter to the City, a copy of the letter being attached as Exhibit "3", advising that the company had assigned its rights under the Contract to Universal Waste Services of Florida, Inc. (UWS), The letter is attached as Exhibit .; and WHEREAS, the City, on December 15`h, 2014, passed Resolution No. I y --88/4 approving the Assignment of the two above-referenced Agreements from EPR to UWS, contingent upon the execution of an Agreement establishing all terms, conditions and responsibilities of UWS regarding the assignment and assumption by UWS; and WHEREAS,the City has sent to EPR a notice of default and is seeking reimbursement from EPR for all open obligations, including but not limited to unpaid franchise fees. A copy of this Notice is attached hereto as Ex. NOW THEREFORE,the Parties agree as follows: Section 1. The above-recitals are true and correct and are incorporated as if set forth in full herein. Section 2. UWS shall assume and satisfy all terms and conditions of the Commercial Solid Waste Agreement and the Residential Solid Waste Agreement executed between the City and EPR (Ex. 1 and Ex. 2). These agreements have been assigned to, and are hereby assumed by, UWS, and UWS has been performing under both contracts since December 1, 2014. All monthly franchise fees shall be paid to the City by UWS by the 15th of each month for the preceding month. The City has accepted as good faith a $20,000 deposit for franchise fees to be applied to the franchise fee payments for December 2014 and January, 2015, due on February 14, 2015. Section 3. Miami-Dade County (County) has advised the City that due to the alleged failure of EPR to deliver waste to the County's facilities as required by the Interlocal Agreement with the City and County dated December 14`h, 1995, the County believes that 1 the City is required to reimburse the County the current outstanding amount of One Hundred Eighty Four Thousand Five Hundred Eighteen Dollars and Seventy-Five Cents ($184,518.75). The City disputes the claim and takes the position that it does not owe the County any sums and has no liability. UWS agrees to indemnify and hold the City harmless from and defend, any and all claims against the City related to the satisfaction of this alleged obligation; limited to the above referenced amount. In addition, UWS shall dispose of all future residential and commercial solid waste pursuant to the Agreements(Ex. 1 and Ex.2). Section 4. Franchise Fees, presently owed to the City by EPR, in the amount not to exceed One Hundred Fifteen Thousand Eight Hundred Twenty-Two Dollars and 95 cents ($115,822.95), payments will be paid by UWS beginning as of March 15, 2015 in monthly installments of$11,582.30, due on the 15th day of each month,with final payment to be made no later than December 31,2015. Sect ion 5. UWS shall, within thirty (30) days of execution of this Agreement, and as a condition to the effectiveness thereof, provide Performance and Payment Bonds from a surety reasonably acceptable to the City, in the respective amounts of and , naming the City as the obligee and payee under the Bonds, all in conformance with the terms of the Agreements (Ex. 1 and Ex. 2), and of the City's original procurement process which resulted in the award of the Agreements to EPR. The amount of the bond shall be limited to the amount called for in the RFP and the City shall execute new Contracts in the name of UWS, but otherwise unchanged from the agreements that were assigned. Section 6. The City is also owed the sum of$30,797.79 by EPR for expenditures incurred for solid waste collection by the City on occasions where EPR failed to timely or properly collect waste. UWS has no liability for this sum. Section 7. In consideration of the mutual promises contained herein, the City and UWS agree that the parties will work in collaboration to pursue the City's claims against EPR and its bonding company, including those claims set forth hereinabove, and any others which may be extant. The claims against both EPR and the bonding company shall be prosecuted in the name of the City. Both the City and the UWS shall provide counsel to prosecute these claims, as co-counsel.. Upon any successful collection of damages, by settlement, negotiation, court action, or otherwise, funds recovered shall be applied in the following fashion: first, to the City to reimburse its attorney's fees and costs of collection; next to UWS to reimburse its attorney's fees and costs of collection; next to the City for any remaining balance due under Section 4; next to UWS to reimburse it for any money already paid to the City under Section 4; then to UWS to reimburse it for any funds paid to the City or County under Section 3. UWS and the City shall also prosecute, in the same fashion and with the same division of labor, the City's claim under Section 6, and any funds received pursuant to that claim shall be paid to the City. Any other funds received shall belong to the party who suffered the damage underlying the claim,or if that cannot be determined, to the City. 2 Section 8. UWS shall reimburse the City for any future solid waste collection services not performed by UWS. The City shall provide twenty-four (24) hours' notice to UWS to remedy a default of this obligation under the Franchise Agreements(Ex 1. and Ex. 2). Section 9. The City has received notice of an alleged claim from Otto Environmental Service (Otto) in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000), purportedly for the waste dumpsters and equipment utilized by EPR for collection services in the City. The City disputes that it has any obligation whatsoever to Otto, or that Otto has any security interest in, or right to replevin of, the dumpsters, trash receptacles or other equipment purportedly furnished by Otto to EPR in connection with the Agreement with the City. UWS shall indemnify, hold harmless and defend any action brought by Otto (or any assignee or successor) against the City. If UWS expends any funds pursuant to this Section 9, it shall be entitled to pursue its claim for damages against EPR and its bonding company in the same fashion as set forth above in Section 7. UWS understands and accepts its obligation to provide appropriate waste receptacles to all residential and commercial customers under the Agreements. Section 10. This Agreement is a complete integration of all terms and conditions negotiated and can only be amended in writing by both Parties. Section 11. This Agreement shall be governed by the laws of Florida irrespective of any conflict-of-laws issues, and venue for any action shall be brought in the state courts of Miami-Dade County, Florida. Section 12. If there shall be any dispute between the City and UWS regarding any item set forth herein related to payments for EPR obligations or attempts to collect from EPR or its bonding company, then the City and UWS agree to attempt to resolve said dispute between them amicably, failing which the parties agree to immediate mediation of the dispute, except as set forth specifically hereinabove. This shall not apply to obligations of UWS to the City. Section 13. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective assigns, successors and purchasers. Section 14. The City agrees to begin negotiations with Universal Waste Systems of Florida, Inc., within ninety (90) days regarding a proposed extension of the Agreements, subject to City Commission approval of any extension or other amendments. V 3 SIGNATURES ONLY AFTER THIS LINE IN WITNESS WHEREOF,THE parties have caused the signatures of their legally authorized representatives to be affixed hereto on the day and year indicated herein. Witness: Universal Waste Services of Florida, Inc.. a. �� - _ tS ,i _ Vl fitness:./ 2L------ i C Ad By Ke .'in ,• • , ity Manager st Ap r: ved as t an. _:1(' d sufficiency .loa is !Mores. City Clerk Jost J ' . r err Greenspoo1 Marder, PA ( City Attorn y oaJ.O(Q— - --'U 1; [Date 4 V" \\149 AMENDMENT TO AGREEMENT FOR THE RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING CONTRACTS WITH THE CITY OF OPA-LOCKA, FLORIDA, ASSIGNED TO UNIVERSAL WASTE SYSTEMS OF FLORIDA, INC. WHEREAS, the City of Opa-locka, Florida (City) entered into an Agreement with Ecological Paper Recycling, Inc., (EPR) for the collection and disposal of Commercial Solid Waste, a copy of the Agreement being attached as Exhibit "1"; and WHEREAS, the City entered into an Agreement with EPR for the collection and disposal of Residential Solid Waste, a copy of the Agreement being attached as Exhibit "2"; and WHEREAS, on December 1st, 2014, EPR sent a letter to the City, a copy of the letter being attached as Exhibit "3", advising that the company had assigned its rights under the Contract to Universal Waste Services of Florida, Inc. (UWS), The letter is attached as Exhibit .; and WHEREAS, the City, on December 15th, 2014, passed Resolution No. l y •�,?1(� approving the Assignment of the two above-referenced Agreements from EPR to UWS, contingent upon the execution of an Agreement establishing all terms, conditions and responsibilities of UWS regarding the assignment and assumption by UWS; and WHEREAS, the City has sent to EPR a notice of default and is seeking reimbursement from EPR for all open obligations, including but not limited to unpaid franchise fees. A copy of this Notice is attached hereto as Ex. NOW THEREFORE, the Parties agree as follows: Section 1. The above-recitals are true and correct and are incorporated as if set forth in full herein. Section 2. UWS shall assume and satisfy all terms and conditions of the Commercial Solid Waste Agreement and the Residential Solid Waste Agreement executed between the City and EPR (Ex. 1 and Ex. 2). These agreements have been assigned to, and are hereby assumed by, UWS, and UWS has been performing under both contracts since December 1, 2014. All monthly franchise fees shall be paid to the City by UWS by the 15th of each month for the preceding month. The City has accepted as good faith a $20,000 deposit for franchise fees to be applied to the franchise fee payments for December 2014 and January, 2015, due on February 14, 2015. Section 3. Miami-Dade County (County) has advised the City that due to the alleged failure of EPR to deliver waste to the County's facilities as required by the Interlocal Agreement with the City and County dated December 14`h, 1995, the County believes that 1 the City is required to reimburse the County the current outstanding amount of One Hundred Eighty Four Thousand Five Hundred Eighteen Dollars and Seventy-Five Cents ($184,518.75). The City disputes the claim and takes the position that it does not owe the County any sums and has no liability. UWS agrees to indemnify and hold the City harmless from and defend, any and all claims against the City related to the satisfaction of this alleged obligation; limited to the above referenced amount. In addition, UWS shall dispose of all future residential and commercial solid waste pursuant to the Agreements (Ex. 1 and Ex.2). Section 4. Franchise Fees, presently owed to the City by EPR, in the amount not to exceed One Hundred Fifteen Thousand Eight Hundred Twenty-Two Dollars and 95 cents ($115,822.95), payments will be paid by UWS beginning as of March 15, 2015 in monthly installments of$1 1,582.30, due on the 15th day of each month, with final payment to be made no later than December 31, 2015. Section 5. UWS shall, within thirty (30) days of execution of this Agreement, and as a condition to the effectiveness thereof, provide Performance and Payment Bonds from a surety reasonably acceptable to the City, in the respective amounts of and , naming the City as the obligee and payee under the Bonds, all in conformance with the terms of the Agreements (Ex. 1 and Ex. 2), and of the City's original procurement process which resulted in the award of the Agreements to EPR. The amount of the bond shall be limited to the amount called for in the RFP and the City shall execute new Contracts in the name of UWS, but otherwise unchanged from the agreements that were assigned. Section 6. The City is also owed the sum of$30,797.79 by EPR for expenditures incurred for solid waste collection by the City on occasions where EPR failed to timely or properly collect waste. UWS has no liability for this sum. Section 7. In consideration of the mutual promises contained herein, the City and UWS agree that the parties will work in collaboration to pursue the City's claims against EPR and its bonding company, including those claims set forth hereinabove, and any others which may be extant. The claims against both EPR and the bonding company shall be prosecuted in the name of the City. Both the City and the UWS shall provide counsel to prosecute these claims, as co-counsel.. Upon any successful collection of damages, by settlement, negotiation, court action, or otherwise, funds recovered shall be applied in the following fashion: first, to the City to reimburse its attorney's fees and costs of collection; next to UWS to reimburse its attorney's fees and costs of collection; next to the City for any remaining balance due under Section 4; next to UWS to reimburse it for any money already paid to the City under Section 4; then to UWS to reimburse it for any funds paid to the City or County under Section 3. UWS and the City shall also prosecute, in the same fashion and with the same division of labor, the City's claim under Section 6, and any funds received pursuant to that claim shall be paid to the City. Any other funds received shall belong to the party who suffered the damage underlying the claim, or if that cannot be determined, to the City. '52- 2 d(b ' Section 8. UWS shall reimburse the City for any future solid waste collection services not performed by UWS. The City shall provide twenty-four (24) hours' notice to UWS to remedy a default of this obligation under the Franchise Agreements (Ex 1. and Ex. 2). Section 9. The City has received notice of an alleged claim from Otto Environmental Service (Otto) in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000), purportedly for the waste dumpsters and equipment utilized by EPR for collection services in the City. The City disputes that it has any obligation whatsoever to Otto, or that Otto has any security interest in, or right to replevin of, the dumpsters, trash receptacles or other equipment purportedly furnished by Otto to EPR in connection with the Agreement with the City. UWS shall indemnify, hold harmless and defend any action brought by Otto (or any assignee or successor) against the City. If UWS expends any funds pursuant to this Section 9, it shall be entitled to pursue its claim for damages against EPR and its bonding company in the same fashion as set forth above in Section 7. UWS understands and accepts its obligation to provide appropriate waste receptacles to all residential and commercial customers under the Agreements. Section 10. This Agreement is a complete integration of all terms and conditions negotiated and can only be amended in writing by both Parties. Section 11. This Agreement shall be governed by the laws of Florida irrespective of any conflict-of-laws issues, and venue for any action shall be brought in the state courts of Miami-Dade County, Florida. Section 12. If there shall be any dispute between the City and UWS regarding any item set forth herein related to payments for EPR obligations or attempts to collect from EPR or its bonding company, then the City and UWS agree to attempt to resolve said dispute between them amicably, failing which the parties agree to immediate mediation of the dispute, except as set forth specifically hereinabove. This shall not apply to obligations of UWS to the City. Section 13. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective assigns, successors and purchasers. Section 14. The City agrees to begin negotiations with Universal Waste Systems of Florida, Inc., within ninety (90) days regarding a proposed extension of the Agreements, subject to City Commission approval of any extension or other amendments. 3 SIGNATURES ONLY AFTER THIS LINE IN WITNESS WHEREOF, THE parties have caused the signatures of their legally authorized representatives to he affixed hereto on the day and year indicated herein. Witness: Universal Waste Services of Florida, Inc.. -----:,57 Witness:./ , , ____ ts .7.'''.----- __. ; • ----t-/ -, C\ty o . Allt By A 4 SI Kel,-in ,. 1 ' . . -,- `ity Manager st Ap r ved as u. 619 an -g La cl sufficienev 1 4 ii, IL -7., P„ • • wr.. - ' A JOIra Flores, City ( lerk Jos- 1 . .1 er Greenspool Marder, PA city Attornly -)() - _ ___ - - 1) Da te 4 , .---- , ------ cz". Rose McKay From: Neal, Jason Unea12@wm.corn] Sent: Monday, May 02, 2016 6:39 PM To: Rose McKay Subject: Request for Clarifications to the City's Responses from Pre-Bid Meeting Questions-RFP No. 16-3103200 City Solid Waste (Commercial and Residential) Collection and Disposal Services Attachments: 1389.pdf Good evening Ms. McKay. Attached please find the city's clarifications. In some cases, the clarifications appear inconsistent or peculiar. Please review the following city responses: 1. City clarification#5:The cart issue is still unclear. A)Who owns the residential carts, the city or the current hauler? B)Will the new contractor have to replace all of the carts, or will it have the use of them? 2. City clarification #6: What is the number of RESIDENTIAL units that the city will pay for under the RESIDENTIAL contract? 3. City clarification#16: How will proposers know exactly how much to pay for advancing franchise fees? There are no indications of number of commercial customers with specific service levels for each. 4. City clarifications#18 & 20: Having the deadline for requests for clarification the same date as the proposal submittal date is illogical. Will the city extend the due date past the May 20 deadline for questions date? 5. City clarification#26 (2): If the city owns the carts, does the new contractor really have to replace them all when taking over?What will the city do with its current carts? 6. City clarification#31: Section 9 a)of the RFP indicates that the "Local Office" merely has to have a toll free number. The city's clarification that the office must be physically located in Opa-Locka unfairly eliminates from consideration the majority of qualified proposers that are not located within city limits,yet do have local offices within Miami-Dade County. Please confirm if the intent is really to require the office to be in Opa-Locka city limits, which effectively reduces competition. 7. City clarification#58: Please note that most solid waste haulers do not provide portable toilets, and confirm if this will remain a requirement. 8. City clarifications#62 & 63 are unclear. If the city is not bound by a disposal agreement with Miami-Dade County,then are proposers free to utilize the properly permitted disposal facility of their choice? 9. City clarification#4: Since it appears that there may be two distinct contract awards, one for commercial and one for residential, please confirm which in-kind service obligations(such as special events, regular dumpsters service, operation of the residential transfer station/drop-off site, etc.) will be required in each contract. 10. Please note that there remain many more unanswered requests for clarification that were sent in before the prior deadlines. Will the city be issuing more addenda to include all questions asked by all potential proposers? Thank you for your consideration. Jason Neal Waste Management Inc. of Florida JnealPwm.com Recycling is a good thing. Please recycle any printed emails. 1 Rose McKay From: Barrie Rogers [Barrie.Rogers @constructionjournal.com] Sent: Tuesday, May 03, 2016 8:54 AM To: Rose McKay Subject: Project Information Request Good Morning, May I have the information requested for each project below. Reply via this email or print email and fax back to me at the fax number below.Thank You. Project ID: 1232612 NW 38 Avenue Roadway and Drainage Improvements Owner Proj Num: 2016-2502100 :Information Requested:: Submittal List and Amounts if available: Project ID: 1270949 Citywide Solid Waste Collection Owner Proj Num: RFP-16-1803200-0-2016/RM ::Information Requested:: Submittal List and Amounts if available: Thank You, Barrie Rogers Data Specialist Construction Journal (772) 781-2144 Phone x 439 (772) 781-2145 Fax Barrie.Rogers@theCJ.com The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. 1 r Rose McKay From: Eileen Damaso[edamaso @worldwasterecycling.com] Sent: Thursday, May 05, 2016 12:14 PM To: Rose McKay Cc: Joanna Flores Subject: Re: CITY OF OPA LOCKA Ms. McKay, I have a couple of more questions... Do the proposers need to submit the copies of the insurance policy? And what is an "original insurance policy"? Will the city accept a certificate of insurance with the proposal and later submit the copies of the insurance policy once awarded? In the Proposal A Commercial Rate Sheet, how does the city expect us to estimate the franchise fee payment? Will the city share all the businesses accounts along with their service size and levels? Are the roll off pricing for C&D or other debris? What if a customer needs a roll off for municipal solid waste (garbage) can we charge the compactor rate? Although I asked in an earlier email, please confirm whether the forms for Performance Bond which include Signatures for Performance Bond, Certificate as To Corporate Principal, and Acknowledgement of Attorney in Fact Surety have to be included in the proposal submitted or are these forms for after the award of the contract/agreement? Eileen Damaso Vice President World Waste Recycling 4701 NW 35 Avenue Miami, Florida 33142 305-635-5144 cell: 305-343-2731 On Apr 27, 2016, at 11:53 AM, Rose McKay <nnckay@opalockafl.gov> wrote: ADDENDUM # 2 ch •an a in ue Date • April • 1 • Rose McKay From: Guerlin Escar-Mangos [gescarmangos @wasteprousa.comj Sent: Monday, May 09, 2016 3:47 PM To: Rose McKay Subject: FW: City of Opa-Locka Bid Bond/Performance Bond and Security Requirements Rose, Will the City be releasing a bid bond form as mentioned as a requirement in the RFP bid documents? The form was never attached to the bid documents. Will you release it in an addendum? Thank you. Guertin Escar Municipal Marketing & Governmental Affairs Waste Pro USA gescarmangos@ wasteprousa.com Cell: 786-486-7554 Office: 305-651-7011 954-967-4200 II1+1 1 1 y !, ; R I A.� jol. :rom: McFarland, Carl [mailto:Carl.McFarland @WillisTowersWatson.com] lent: Thursday, May 05, 2016 9:31 AM fo: Guerlin Escar-Mangos; Cort Sabina :c: Ryan Lebeau; Vann, Drew >ubject: RE: City of Opa-Locka Bid Bond/Performance Bond and Security Requirements 3uerlin, ust following up with you on this per your response to our inquiry below. Has the City sent you the bid bond form that s required? Many thanks, :art :art McFarland ;lient Services Specialist Villis Towers Watson Villis Insurance Services of Georgia, Inc., Concourse Corporate Center Five, 18'"Floor,Atlanta,GA 30328, United States 1 T:404-302-3843 M: 919-720-0041 cart.mcfarland ewillistowerswatson.com www.willistowerswatson.com Follow Willis Towers Watson on social media From: Guertin Escar-Mangos [mailto:gescarmangos(awasteprousa.com] Sent: Monday, April 25, 2016 12:40 PM To: Vann, Drew; Cort Sabina Cc: Ryan Lebeau; McFarland, Carl Subject: RE: City of Opa-Locka Bid Bond/Performance Bond and Security Requirements From:Vann, Drew [mailto:Drew.Vann@WillisTowersWatson.com] Sent: Monday, April 25, 2016 12:38 PM To: Guerlin Escar-Mangos; Cort Sabina Cc: Ryan Lebeau; McFarland, Carl Subject: RE: City of Opa-Locka Bid Bond/Performance Bond and Security Requirements Thanks, Guerlin. Can you check with the City for the bid bond form. The RFP references the bid bond "in the form attached to these specifications", however they only provide the performance bond form (which we would only utilize if Waste Pro is selected). Thanks, Drew Vann Surety Practice Leader Willis Towers Watson Willis Insurance Services of Georgia, Inc. I Concourse Corporate Center 5, 18`h Floor I Atlanta, GA 30328 T 404.224.5154 M 404.405.3936 Drew.vann@willistowerswatson.com www.willistowerswatson.com Follow Willis Towers Watson on social media WillisTowersWatson M 9" Uu1 From: Guerlin Escar-Mangos [mailto:gescarmangos@awasteprousa.com] Sent: Monday, April 25, 2016 12:33 PM To: Vann, Drew; Cort Sabina Cc: Ryan Lebeau Subject: RE: City of Opa-Locka Bid Bond/Performance Bond and Security Requirements This e-mail message is intended only for the use of the addressee and may contain information that is privileged,confidential and/or exempt from disclosure. If you are not the intended recipient,please do not disseminate or copy this e-mail. Instead,please notify me immediately by return e-mail/telephone and then delete and discard all copies of the e-mail. 2 • This a mail has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 3 Ommath Albury From: Rose McKay Sent: Tuesday, May 31, 2016 11:50 AM To: Ommath Albury Subject: FW: eval summary-solid waste -2.xlsx Attachments: points for Committee.xlsx; eval summary-solid waste -2.xlsx From: Rose McKay [mailto:mckay8437 @bellsouth.net] Sent: Tuesday, May 31, 2016 9:48 AM To: Rose McKay Subject: Fw: eval summary - solid waste - 2.xlsx On Monday, May 30, 2016 5:45 PM, Rose McKay <mckay8437(a�bellsouth.net>wrote: Ommath These are the numbers that you need to give the Committee to put on their reports for the cost . Universal = 26. 94 Great Waste = 31. 50 waste Management = 30 . 10 world waste = 35 .0 The attached spreadsheet will show you how I got the numbers . To try and make all numbers meaningful , these totals do not include (1) Proposal "C" ; (2) Roll -offs ; (3) Compactor rentals ; (4) Residential can cost . Just give the committee the above numbers no need to give them the work sheets . As for the 15 points for the Finance part . To make it even give all 4 companies 15 points . Let me know if you have any questions . Rose On Friday, May 27, 2016 3:22 PM, Rose McKay <rmckay(Wpalockafl.gov> wrote: Public Records Notice: Under Florida Law, email addresses and electronic communications are 1 Sponsored by: City M Hager RESOLUTION NO. 16-9159 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES, PAYABLE FROM ACCOUNT NUMBER 34-534340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,The City Commission of the City of Opa-locka, desires to issue a Request For Proposals (RFP) to solicit bids for a vendor to service both commercial and residential solid waste collection and disposal services; and WHEREAS, The City currently has a vendor providing such services, however the agreement with that vendor is due to expire this year(2016); and WHEREAS, The issuance of the RFP, with an initial three (3) year term, is a component of the City's financial recovery plan; and WHEREAS, Through the issuance of the RFP, the administration is seeking a prepayment of a portion, or all, anticipated franchise fees for the term of the agreement; and WHEREAS, It is in the best interest of the City to explore options to maximize the revenue received through its solid waste services; and WHEREAS, The City Commission desires to authorize the City Manager to issue a Request For Proposals for a residential and commercial vendor to service the City residential and commercial solid waste collection disposal needs. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 16-91`1 Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Commission of the City of Opa-locka directs and authorizes the City Manager to prepare and issue a Request For Proposals (RFP) for a vendor to provide both citywide commercial and residential solid waste collection and disposal services payable from account number 34-534340. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24th day of February, 2016. / , /r ra L. aylor Mayor Attest to: Approved as to form and legal sufficiency: ( Jo. na Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER PINDER Commissioner Vote: 3-0 Commissioner Kelley: NOT PRESENT Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: NOT PRESENT