HomeMy Public PortalAbout19-9605 Issuance of RFP for Commercial Solid was Sponsored by: City Manager
RESOLUTION NO. 19-9605
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS ("RFP") FOR COMMERCIAL SOLID
WASTE PROVIDERS, INCLUDING LANGUAGE THAT PROHIBITS
ANY COMPANY FROM BIDDING THAT IS CURRENTLY
INVOLVED IN LITIGATION AGAINST THE CITY; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka's ("City") franchise agreements with its current
Commercial Solid Waste Providers are set to expire on July 21, 2019; and
WHEREAS, the City, pursuant to State Statute and City Code, is required to utilize a
competitive bidding process to engage Commercial Solid Waste Providers; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
issue a RFP for Commercial Solid Waste Providers restricting bidding to only those vendors
who are not currently involved in litigation against the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby authorizes the issuance of a RFP for Commercial Solid
Waste Providers including language that prohibits any company from bidding that is
currently involved in litigation against the City.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Resolution No. 19-9605
PASSED AND ADOPTED this 23rd day of January, 2019.
Mayor Matthew A. Pigatt
Attest to: Approved as to form and legal sufficiency:
I '
Joa ti Flores THE BROWN LAW GROUP, LLC
City',' lerk City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: VICE MAYOR DAVIS
Commissioner Vote: 5-0
Commissioner Burke: YES
Commissioner Kelley: YES
Commissioner Bass: YES
Vice-Mayor Davis: YES
Mayor Pigatt: YES
OckO
C O
CS
lrry -;
City of Opa-Locka
Agenda Cover Memo
Department Department
Director: Director Signature:
Finance Bryan Hamilton FD Signature:
()-)1C
Director: Department
City Manager: Newall J. Daughtrey ACM Signature:
Commission 01.23.19 Item Type: Resolution rdi ce 0
Meeting Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
Public Hearing: Yes No Yes No
(EnterX in box)
Funding (Enter Fund& Advertising Requirement: Yes No
Source: Dept) (EnterX in box) x
Account#:
Ex:
Contract/P.O. Yes No RFP/RFQ/Bid#:
Required:
(Enter X in box)
Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Related Enhance Organizational El (list the specific objective/strategy this
(EnterX in box) X Bus.&Economic Dev (] item will address)
Public Safety
Quality of Education 0
Qual.of Life&City Image 0
Communication (]
Sponsor Name City Manager Department: City Manager
Short Tide:
A Resolution authorizing the City Manager to issue an RFP for Commercial Solid Waste Services.
Staff Summary:
The current agreements are set to expire on July 20, 2019, therefore it is in the City's best interest to obtain
the best rates and most efficient services available.
Proposed n:
Attachment:
Original Agreement
CITY OF OPA-LOCKA
OQp-Lock
(,,
OQ
0
i
r r m
Zoo '•
AoRA1r-
REQUEST FOR PROPOSAL
RFP NO. 194000000C
Pre-Proposal Meeting
June xx, 2019 at 10:00 a.m. (Mandatory Meeting)
780 Fisherman Street,Ste. 328,Opa-locka, FL 33054
Response Submission Date and Time
June xx, 2019 at 1:00 p.m.
City of Opa-locka City Clerk's Office
780 Fisherman Street,4th Floor,Opa-locka,FL 33054
The responsibility for submitting a response to this Solicitation at the Office of
the City Clerk on or before the stated date and time will be solely and strictly the
responsibility of the Respondent. The City of Opa-locka will in no way be
responsible for delays caused by the United States mail delivery or caused by any
other occurrence.
-
Copies of this Solicitation document may be obtained from the City of Opa-locka City
Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054, Telephone:
305.953.2800 or by visiting the City's website at www.opalockafl.gov (click on
"RFP/PROPOSALS" located on the right hand side of the screen and follow the
instructions.
1 Ix' E ; m
PP-LO
O 0
__ ...�'J D)
O92
OpAORATf-
The City of Opa-locka, Florida, hereinafter referred to as "City", is hereby soliciting
Proposals from qualified and experienced Vendors
("Proposers" or "Respondents") to provide Citywide Commercial Solid Waste
Processing and Disposal Service to the City of Opa-locka commercial properties.
Please submit one (1) original bound Proposal, six (6) complete copies of the original
Proposal and one (1) digital compact disk (CD) or USB Flash Drive either by mail or hand
delivered in response to this Solicitation. Proposals are to be submitted in a sealed
envelope bearing the name of the individual and/or company, and the address as well
as the number and title of this Solicitation no later than the date and time specified in the
Solicitation. Proposals received after said date and time will not be considered and no
time extensions will be permitted. Address your proposal to City of Opa-locka,Office of
the City Clerk, 780 Fisherman Street,4th Floor,Opa-locka,FL 33054.The City may award
multiple Contract Agreements. The City of Opa-locka reserves the right to reject any or
all proposals and to waive any irregularities in the proposal.
Please clearly mark Proposals:
"IMPORTANT, SOLICIATION ENCLOSED"
Commercial Solid Waste Processing and Disposal Services
RFP No.19-XXXXXXX
The City's tentative schedule for this Solicitation is as follows:
Event Date Time
RFP Release date Thursday,June xx, 2019
Mandatory Pre-Bid Meeting Thursday,June xx, 2019 10:00 a.m.
Last Date for Receipt of Written Questions Thursday,June xx, 2019 3:00 p.m.
Deadline for Proposal Submission Friday,June xx, 2019 1:00 p.m.
Evaluation Committee Meeting To Be Determined
The City reserves the right to delay or modify the above dates and will post notice of any changes on the City's website.
PRE-BID MEETING
A pre-bid meeting will be held on June xx,2019 at 10:00 a.m., to discuss the Solicitation process,
projected schedules and scope of serves requited for this Contract. The meeting will be held at
780 Fisherman Street,Ste. 328,Opa-locka,FL 33054.
21
PROPOSAL FORMAT
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO ENSURE THAT THE PROPOSAL
BEING SUBMITTED IS TIMELY,COMPLETE,INCLUSIVE OF ADDRESSING ALL OF THE
REQUIREMENTS AND EVALUATION CRITERIA HEREIN.
PLEASE READ THIS ENTIRE SOLICITATION BEOFRE SUBMITTING A PROPOSAL.
INSTRUCTIONS TO RESPONDENTS:
Respondents should carefully follow the format and instruction outlined throughout this section,
observing format requirements where indicated. All materials are to be submitted on 8 1/2 x 11
papers, paginated and separated by tabs to identify each required section. Neatly typed, with
normal margins and spacing.All documents and information must be fully completed and signed
as required. Also when submitting your one (1) complete electronic copy on CD, DVD, or USB
Flash Drive in Adobe or Word format be sure to properly label with the company's name,
solicitation number and title.
Please be concise in all responses. If any category is NOT APPLICABLE, so expressly state.
Proposals which do not include the required documents may be deemed NON-RESPONSIVE
and may not be considered for evaluation.
COPIES
Please submit an original proposal and be sure to clearly mark it as "Original". In addition, six
(6) duplicate copies of the original proposal must also be submitted.Each copy of the proposal is
distributed to the Evaluation Committee if your proposal copies are incomplete your proposal
may be deemed non-responsive.One(1)compact disk(CD)or DVD(must be clearly labeled with
Company Name, Solicitation No. & Title) or USB Flash Drive are also requested with this
solicitation.
SUBMITTAL
Proposals are to be submitted in a sealed envelope bearing the name of the respondent,company
and the address as well as the title and number of the solicitation no later than the deadline
specified in the solicitation timetable. Immediately after the deadline passes all proposals
received on a timely basis shall be opened and read.
PROPOSALS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED AND NO
TIME EXTENSTIONS WILL BE PERMUTED.
Address your proposal to the City of Opa-locka, Office of the City Clerk, 780 Fisherman Street,
4th Floor,Opa-locka,FL 33054. (Please clearly mark your proposal with the name and number of
this solicitation).
3 Ii'
SECTION 1.0
INSTRUCTIONS TO PROPOSERS/GENERAL TERMS AND CONDITIONS
1.1 DEFINITIONS 1.2 CITY OVERVIEW
a) "City"means the City of Opa-locka.
b) "City Commission" means the governing The City of Opa-locka is a diverse community who
body of the City comprised of the Mayor and stands ready to serve its residents and business
City Commission members. owners.
c) "City Manager" means the Chief Executive
Officer or designee. The City currently has 100+employees and provide a
d) "Contract" or"Agreement" means a binding wide range of governmental services including public
written agreement for the solicited Work safety / police services, code enforcement, parks and
and/or Services required by the City, recreation, public works, water and sewer, building
including change orders and amendments, and license, planning, zoning, and community
containing terms and obligations governing development to its citizens and business owners.
the relationship between the City and the
Contractor. The City is a very large consumer of goods and services
e) "Contractor" or "Vendor" means the and the purchasing decisions of our employees and
Proposer or Respondent that receives an contractors can positively or negatively affect the
award of Contract or Agreement from the environment. By including environmental
City as a result of this Solicitation,and upon considerations in our procurement decisions, along
the parties executing a Contract. with our traditional concerns with price,performance
f) "Department" means a department of the and availability, we will remain fiscally responsible
City of Opa locka, as may be designated while promoting practices that improve public health
herein. and safety, reduce pollution, and conserve natural
g) "Proposal" means the documents timely resources.
remitted by Proposer or Respondent, in
response to this Solicitation. 1.3 INVITATION
h) "Proposer"or"Respondent".All Contractors,
consultants, organizations, respondents or This invitation is extended to Respondents that can
other entities submitting a response to this provide the requirement(s) specified herein. The
iFp_ requirements presented in this Solicitation represent
i) "Scope of Services" or "Scope of Work" the City's anticipated needs.
means section 3.0 of this Solicitation, which
details the Work to be performed by the 1.4 PUBLIC ENTITY CRIMES AFFIDAVIT
Contractor in delivering the Project.
j) "Solicitation"means this Request for Proposal The Public Entity Crime Affidavit, attached to this
(RFP) document, and all associated addenda Solicitation, includes documentation that shall be
and attachments. executed by an individual authorized to bind the
k) "Subcontractors" or "Sub-consultant" means Respondent. If the Public Entity Crime Affidavit is not
any person,entity or organization,other than submitted as part of the Respondent's Proposal
the employees of the Contractor, who package, is altered in any manner or is not fully
contracts with the Contractor to furnish labor, completed, the Respondent shall be deemed non-
services, equipment, or materials, in responsive to the Solicitation requirements,
connection with the provision of Services to
the City, whether directly or indirectly, on
behalf of the Contractor.
1) "Work" or "Services" includes all labor,
materials, equipment, supervision, expertise,
maintenance,repair,and services provided or
to be provided by the Vendor in fulfilling its
obligations to the City,under a contract.
4IP
1.8 POINTS OF CONTACT TIMETABLE
1.5 PUBLIC ENTITY CRIME / FOR INQUIRIES
DISCRIMINATORY RESPONDENT
LIST Respondents shall send all written inquiries relating to
this Solicitation to the City Clerk at
Any Respondent, or any of its Suppliers,
Subcontractors,or consultants who shall perform work
which is intended to benefit the City, shall not be a Technical questions will not be entertained beyond the
convicted Respondent or included on the cut-off date indicated on the cover page so that answers
discriminatory Respondent list. If the Respondent or to substantive questions, in the form of written
any affiliate of the Respondent has been convicted of a addenda, can be posted on the City's website
public entity crime or has been placed on the \A,. ,, �,� , .k,,fl ion
discriminatory Respondent list,a period longer than 36
months must have passed since that person was placed 1.9 ORAL REPRESENTATION
on the convicted Respondent list. The Respondent
further understands and accepts that any Contract No oral representation made by the City stall be
issued as a result of this Solicitation shall be either binding.The contents of this RFP and any subsequent
voidable or subject to immediate termination by the addenda issued by the City shall govern all aspects of
City. The City in the event in such termination, shall this Solicitation.
not incur any liability to the Respondent for any work
or materials furnished. 1.10 ADDENDA
1.6 LOBBYING If any Solicitation revisions become necessary the City
will post written addenda on the City's website at
All Respondents, their agenda and proposed sub alockarl.tio The City may revise the
consultants or subcontractors, are hereby placed on deadline ) ty y
deadli for response submission at any time prior to
notice that neither the City Commission Members,any the date and time scheduled for opening the responses.
evaluation committee members,employees of the City It is the responsibility of all Respondents to ascertain
nor employees of any other project sponsoring agencies whether any addenda have been issued before the
shall be lobbied either individually or collectively Solicitation deadline by either calling or checking the
regarding this Solicitation. Respondents, their agents
and proposed sub-consultants or subcontractors are City's website.
hereby placed on notice that they are prohibited from 1.11 CANCELLATION OF THE
contacting any of these individuals for any purpose SOLICITATION
relating to the Solicitation (e.g., general information,
meetings of introduction, meals, etc.). Any Proposal
submitted by a Respondent, its agents and potential The City reserves the right to cancel this Solicitation
sub consultants or subcontractors who violate these and/or re-advertise and re solicit the requirements at
guidelines will not be considered for review. any time when determined to be in the best interest of
the City.
1.7 ELIGIBILITY
1.12 PROTEST
The City finds that it is in the best interest of the City to Respondents should refer to Section 2-325 of the City's
issue a RFP for Commercial Solid Waste Providers Code for provisions relating to protest of Solicitations
restricting bidding to only those vendors who are not and awards.
currently involved in litigation against the City.
1.13 CONTRACT
The selected Respondent understands that this
Solicitation or the response shall not constitute a
contract with the City.No contract is binding or official
until responses are reviewed and accepted by
appointed City Staff, approved by the appropriated
level of authority within the City and an official
contract is duly executed by the parties.
5 1 . ,..
1.14 DEVELOPMENT COSTS 1.19 REJECTION OF RESPONSES
Neither the City nor its representatives shall be liable The City reserves the right to accept or reject any and
for any expenses incurred in connection with the all proposals and to waive any technicalities or
preparation,submission or presentation of a response irregularities therein. The City further reserves the
to this Solicitation.All information in the response shall right to award the contract to that proposer whose
be provided at no cost to the City. proposal best complies with the RFP NO: 19-
)00000 X requirements. Proposers may not withdraw
1.15 TAX EXEMPT STATUS their proposal for a period of ninety(90)days from the
date set for the opening thereof.
The City is exempt from Florida Sales and Federal
Excise taxed on direct purchase of tangible property. 1.20 EVALUATION COMMITTEE
1.16 ASSIGNMENT OF RESPONSE The evaluation of Proposals will be undertaken on
behalf of the City by the Evaluation Team. The
A Respondent shall not transfer or assign its response Evaluation Team may consult with others including
to a third party following submission of a Proposal to City staff members, third party consultants and
the City. references,as the Evaluation Team may in its discretion
decide is required. The Evaluation Team will give a
1.17 WITHDRAWAL OF RESPONSE written recommendation for the selection of a
Preferred Proponent or Preferred Proponents to the
Respondents shall withdraw their submitted Proposal City.
by notifying the City either in writing or in person
through an authorized representative at any time prior Proposals will be evaluated and negotiated in
to the submission deadline. Individuals making the accordance with the evaluation criteria described
withdrawal shall provide evidence of service as an herein. Subject to CITY's right to reject any or all
authorized representative of the Respondent. proposals, the Proposer whose proposal is found, in
Responses,once received,become the property of the CITY's sole discretion,to be most advantageous to the
City, and will not be returned to Respondents even CITY will be selected.The City will select the proposal
when they are withdrawn from consideration. that offers the best service plan and terms for CITY.
Therefore, contractors are encouraged to submit
Responses, once opened, shall not be withdrawn or proposals that provide their best possible service and
modified except to the extent agreed to by the City compensation guarantee to the City. Award of the
Manager during subsequent contract negotiation. Contract is not valid until authorized by the LI L Y
Board of Commissioners.
1.18 PUBLIC RECORDS AND
EXEMPTIONS CITY will employ a structured,competitive evaluation
process. All written proposals will be reviewed and
Upon receipt, responses shall be subject to public scored based on how well they address the specific
disclosure consistent with Chapter 119, Florida needs of the City as outlined in this RFP. CITY's
Statutes. Respondents shall invoke the exemptions to evaluation team will review the technical proposals
disclosure provided by law, in the response to the individually and meet as a group.
Solicitation, by providing the specific statutory
authority for the claimed exemption, identifying the 1.21 REVIEW OF PROPOSAL FOR
data or other materials to be protected,and stating the RESPONSIVENESS
reasons why such exclusion from public disclosure is
necessary.Responses will be made available for public Each Proposal will be reviewed to determine if the
inspection at the time the City posts notice of its Proposal is responsive to the submission requirements
decision or intended decision concerning contract outlined in the RFP. A responsive Proposal is one
awards, or ten (10) days after the response opening, which follows the requirements of the RFP,includes all
whichever is earlier. documentation, is of timely submission, and has the
appropriate signature as required on each document.
Failure to comply with these requirements may result
in a Proposal being deemed non-responsive.
6IP , � �
1.25 PROPOSAL
1.22 CITY MANAGER'S REVIEW SUBMITTAL/ADDENDUMS
The Purchasing Department shall submit the results All proposals submitted shall include the completed
and recommendation of the Evaluation Committee to proposal forms and all required product information
the City Manager for review. Upon receipt, the City and any other items as indicated on the proposal form.
Manager may proceed as follows: Proposals will be considered"Non-Responsive"if the
required information is not submitted by the date and
a) Approve the Committee's recommendation time specified.
and submit to City Commission for approval;
Before submitting a proposal, each respondent shall
b) Reject the Committee's recommendation and make all investigations and examinations necessary to
direct the Committee to re-evaluate and ascertain if any addendums were issued by City.
make further recommendation;or
1.26 NON-RESPONSIVE PROPOSALS
c) Reject all Proposals.
1.23 CITY COMMISSION REVIEW Responses found to be non-responsive shall not be
considered.Responses may be rejected if found to be in
nonconformance with the requirements and
Upon receipt of the City Manager's recommendation, instructions herein contained. A response may be
the City Commission may: found to be non-responsive by reasons,including,but
not limited to,failure to utilize or complete prescribed
a) Approve the City Manager's forms, conditional responses, incomplete responses,
recommendation and authorize the contract indefinite or ambiguous responses, failure to meet
or contract negotiations; deadlines and improper and/or undated signatures.
b) Reject all Proposals; Other conditions which may cause rejection of
proposals include evidence of collusion among
c) Reject all Proposals and direct staff to re issue respondents,obvious lack of experience or expertise to
a new Solicitation. perform the required work, submission of more than
1.24 CONTRACT AWARD one proposal for the same work from an individual,
respondent, join venture, or corporation under the
same or a different name (also included for design-
The City Manager anticipates awarding the contract to build projects are those proposals wherein the same
multiple waste haulers, but reserves the right not to engineer is identified in more than one proposal),
make any award whatsoever, if determined to be in failure to perform or meet financial obligations on
the interest of the City. previous contracts, employment of unauthorized
aliens in violation of Section 274A (e) of the
Prior to contract award, the Respondent(s) shall Immigration and Nationalization Act, or in the event
submit documentation reflecting any required an individual,respondent,partnership,or corporation
insurance coverage. The contract number shall be is on the United States Comptroller General's List of
included on the insurance documentation submitted Ineligible Design-Builder for Federally Financed or
to the City Manager at the time of award execution Assisted Projects.
and for all subsequent updates to the insurance
coverage throughout the contract period. Failure to Proposals will also be rejected if not delivered or
execute the contract and/or to provide evidence of any received on or before the date and time specified as the
required insurance coverage shall be just cause for the due date for submission.
termination of the award.
1.27 CONE OF SILENCE
This Solicitation is issued pursuant to Section 2-320.2 of
the City Code,Cone of Silence,which prohibits certain
types of communication with City Commission
members, City staff and Evaluation Committee
members following issuance of the Solicitation.
7IPagga
1.28 RESPONDENT'S DISCLOSURE OF 1.33 REVIEW OF SOLICITATIONS
SUBCONTRACTORS AND SUPPLIES
The City will not allow any request for documents or
This RFP shall require that the respondent submits with reviews of submittals until thirty days after proposals are
its proposal a listing of all first-tier subcontractors or received or after an award is announced.After said time,
sub consultants who will perform any part of the respondents may request documents or make an
contract work and all suppliers who will supply appointment to review submittals and presentations.
materials for the contract work direct to the selected
respondent. Failure to comply with this requirement 1.34 LATE SUBMISSIONS
shall render the proposal non-responsive.In addition,
the selected respondent shall not change or substitute The City Manager will not accept proposals received
subcontractors or suppliers from those listed in the after opening time and encourages early submittal.
proposal except upon written approval of the City
Manager. 1.35 ATTORNEYS'FEES
1.29 PROPRIETARY / CONFIDENTIAL In the event of any dispute arising under or related to the
INFORMATION agreement, the prevailing party shall be entitled to
recover all actual attorney fees, costs and expenses
Respondents are hereby notified that all information incurred by it in connection with that dispute and/or the
submitted as part of,or in support of,Proposals will be enforcement of the agreement,including all such actual
available for public inspection after opening of attorney fees, costs and expenses at all judicial levels,
Proposals, in compliance with Chapter 119, Florida including appeal, until such dispute is resolved with
Statutes, popularly known as the "Public Records finality.
Law".
1.36 CONFLICTS OF INTEREST
1.30 RULES, REGULATED AND
LICENSING REQUIREMENTS The City's Conflict of Interest guidelines, provided
under Section 7.2 of the City's Code shall apply to this
The respondent shall comply with all laws;ordinances Solicitation and Contract.
and regulations applicable to the services contemplated
herein,especially those applicable to conflict of interest 1.37 CONTRACT OBLIGATIONS
and collusion.Respondent are presumed to be familiar
with all Federal, State and Local laws, ordinances, The contractor warrants that any and all work materials,
codes,ruled and regulations that may in any way affect services or equipment that may be reasonably be inferred
the goods or services offered. from the Contract documents as being required to
produce the intended result, will be supplied by the
1.31 MODIFICATIONS OF PROPOSAL contractor at its own cost, whether or not specifically
called for.
No unsolicited modifications to proposals will be
permitted after the date and hour of the proposal The contractor warrants and accepts that any and all
opening. work, materials, services or equipment necessitated by
the inspections of City and/or county agencies,or other
1.32 TRUTH IN NEGOTIATION regulatory agencies as are applicable,to bring the project
STATEMENT into conformity with the contract documents and all
applicable laws, codes, regulations, procedures, or
The contractor must provide at the time for contract considered inside the contemplation of the contract
execution a written statement stating that"wage rates documents, shall be deemed the responsibility of the
and other factual unit cost supporting the contractor at no additional cost to the City.
compensation are accurate,complete and current at the
time of contracting".
PURPOSE
The purpose of this Solicitation is to solicit proposals from qualified and experienced firms to
enter into an agreement between the City of Opa-locka (hereinafter "City") and the selected
proposer (s) to provide Commercial Solid Waste Processing and Disposal Services (hereinafter
"Sanitation Services")for commercial properties within City boundaries.
The City's intent and requirements of the RFP are to provide its commercial businesses with the
appropriate level of service, at the best price and with the highest quality.The Scope of Services
contained within this RFP document are designed to establish Solid Waste Processing and
Disposal Services that provide for the following intended purposes:
1. Establish and maintain a continuous and uniform level of collection services in order to
assure protection of the health,safety and welfare of the community.
2. Provide collection services in a coordinated manner, through a detailed routing system
that will maintain or improve current Commercial Collection services,while minimizing
impact to service rates.
The successful proposer(s)shall take such steps necessary to have available suitable means,labor
and equipment necessary to have available suitable means, labor and equipment necessary to
collect and to dispose of Commercial Solid Waste.The private waste collector(s)shall furnish all
necessary equipment and labor to collect Commercial Solid Waste within the boundaries of the
City.
TERM OF CONTRACT
The initial term of the contract shall be for 2 years unless earlier terminated as a result of this
failure of the franchisee to comply with the provision of this article and to provide effective and
efficient service. The franchisee shall have an option to renew the franchise agreement on the
same terms and conditions as may be modified and mutually agreed to, for a period of two (2)
additional years,by exercising such option not less than one hundred twenty (120) days prior to
termination of the contract franchisee in writing to the City. Notwithstanding the
aforementioned,the City Commission and franchisee may agree to terms and conditions beyond
the two (2) additional years.
OPTION TO RENEW WITH RATE AND FUEL ADJUSTMENTS
The City Manager or duly authorized designee reserves the sole option to renew this contract for
three (3) additional one (1) year periods. Each renewal of this contract is contingent upon
approval by the City Manager or his authorized designee and continued satisfactory performance
by the Private Waste Collector(s) in accordance with the Scope of Work stated herein.
The City shall notify the Private Waste Collector (s) of its intent to renew the contract no later
than six (6) months prior to the end of the current contract term provided the contract has not
been previously terminated.
9I P .2 L
MINIMUM REQUIREMENTS
Every individual, firm, corporation, partnership, association, organization or any other group
acting as a unit, interested in a franchise agreement shall submit an application for such
agreement to the city manager or designee as part of a request for proposal (RFP) issued by the
city.Such RFP shall include some of the following:
• Be a written statement upon the form provided by the city. The form shall be sworn to
by the applicant before a notary public of this state, as to the time of the statements
contained therein.
• Require the disclosure of all information necessary in compliance with this article.
• Be accompanied by a certified check for the total amount of the fees chargeable for such
application. All non-refundable fees shall be held by the city manager until a final
determination is made as to the issuance of a franchise agreement.
• The successful applicant shall be able to post a performance bond in the amount of two
hundred thousand dollars ($200,000.00), should the city decide that such bond is
necessary to guarantee performance.
• To demonstrate ability to perform by the franchisee, the applicant shall submit
certification by letter or statement, to a current date, by a certified public accountant
showing the applicant to have a net worth of at least five hundred thousand dollars
($500,000.00). Said statement shall further reflect that the applicant or its principal
officers have had at least a minimum of five(5)years of experience in commercial waste
collection.
• The successful applicants must have, in order to maintain the franchise agreement, an
office and/or place of business in the city for visits by city residents.
• The applicant must be an equal opportunity employer.
YEARS OF EXPERIENCE
Proposer must have successfully provided commercial sanitation service. Please provide
references for at least two (2) government agencies for which the respondent has provided
sanitation services similar to the one requested by this solicitation within the last five (5)years.
PERFORMANCE BOND
Each proposer must provide an irrevocable letter of commitment from a State of Florida licensed
bonding company to provide a Performance Bond.
INSURANCE AND INDEMNIFICATION
Respondents must submit with their responses, proof of insurance meeting the coverage listed
below or a letter of intent to provide the following requirement if awarded the Franchise
Agreement.
Before actually commencing business,the franchisee(s)shall obtain the following insurance from
a firm with a minimum rating of "A3" from Moody's Investor Service and shall furnish the
10Ii' a < .v
original liability policy to the city clerk with a certificate of insurance for all policies written in the
franchisee's name. This certificate shall provide that the policies contain an endorsement
requiring that the city shall be furnished,within ten (10) days,written notice by registered mail
prior to cancellation or material change in any policy. The sufficiency of the insurance shall be
certified by the city manager prior to commencing business. Termination of insurance coverage
shall automatically terminate the right of the franchisee to operate within the city.
• Worker's compensation:The franchisee shall carry,with a company authorized under the laws of
the State of Florida,a policy to protect against liability under the workmen's compensation and
occupational diseases statutes of the State of Florida.
• Automobile liability insurance: The franchisee shall carry, in his own name, a comprehensive
policy to insure the entire automobile liability of his operations with limits not less than one
hundred thousand dollars ($100,000.00) each person and three hundred thousand dollars
($300,000.00) each accident bodily injury liability, and fifty thousand dollars ($50,000.00) 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).
• General liability: The franchisee shall carry, in his own name, a comprehensive liability policy
for his operations other than automobile with limits of at least one hundred thousand dollars
($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for each
accident bodily injury liability, and fifty thousand dollars ($50,000.00) each accident for
property damage liability.
• 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 a franchisee.
In the event that adequate coverage cannot be secured with an approved company satisfactory to
the CITY and maintained during the terms of the mortgage,the CITY shall have the right to hold
the CONTRACTOR in material breach of the agreement and thereby be entitled to its rights and
remedies therein.
BID BOND AND PERFORMANCE BONDS
The successful applicants shall be able to post a performance bond in the amount of two hundred
thousand dollars ($200,000.00), should the City decide that such bond is necessary to guarantee
performance.
To demonstrate ability to perform by franchisee,the applicant shall submit a certification by letter
or statement,to a current date,by a certified public accountant showing the applicant to have a
net worth of at least five hundred thousand dollars ($500,000.00) Said statement shall further
reflect that the applicant or its principal officers have had at least a minimum of five (5) years of
experience in Commercial Solid Waste.
The bid and performance bonds must be executed by a surety company authorized to do business
in the State of Florida and that complies with the requirements of Florida Statutes 287.0935. In
lieu of submitting a bid and performance bond,the response may submit money orders,certified
checks,cashier's checks or irrevocable letters of credit,made payable to the City of Opa-locka,in
11 ft a { .
the appropriate dollar amount of the bid and performance bonds.If an irrevocable letter of credit
used,it must be issued by a bank located in Miami-Dade County for the requisite dollar amount
and should clearly state that it cannot be revoked until express written approval has been given
by the City.
Failure to submit the requisite bid bond as required above,as part of the respondent's proposal,
shall render said proposal to be non-responsive and shall be rejected. Likewise, the awarded
respondent's failure to provide the City with the requisite performance bond as required above,
within ten (10) work days from award of this Solicitation, shall authorize the City the right to
rescind equipment award and to proceed in the manner deemed to be in the best interest of the
City.
FAILURE TO PERFORM
If in the opinion of the City Manager's representative, the contractor refuses to execute
contractual obligations as outlined in the contract, produces an unsatisfactory performance, or
neglects or refuses to address the deficit to provide a suitable resolution that meets the City
Manager's expectations,then the City Manager's representative may notify the contractor(s)that
the City Manager will terminate the contract.
If at any time the City Manager's representative shall be of the opinion that service delivery is
unnecessarily delayed and will not be completed within the prescribed time, then the City
Manager's representative may notify the contractor to discontinue all work under contract. The
contractor shall immediately respect said notice and cease said work and shall forfeit the contract.
The City Manager may there-upon look to the next lowest and responsive and responsible
respondent to complete the work or re-advertise for proposals and let a contract for the
uncompleted work in the same manner as was followed in the letting of this solicitation and
charge any costs greater than the established prices as a result of this solicitation,to the original
awarded respondent under contract.
Before any such termination for cause, the City will provide written notice to the contractor,
provide the contractor an opportunity to respond and a reasonable opportunity to cure the
default issues.
The following actions are some examples of material breaches which could lease to contract
termination for cause:
1. If the contractor fails to fulfill any material obligation, term, or condition as described in
the Scope of Work;
2. The contractor's provides products or services that do not meet reasonable quality
standards;
3. The City reasonably believes that the contractor will not or cannot perform to the
requirements or expectations of the contract, the City issues a request for assurance, and
the contractor fails to respond;
12Iraa
4. The contractor fails to fulfill any of the material terms and conditions of the contract;
and/or
5. Excessive missed collections.
FORCE MAJEURE
Neither the City nor the contractor shall be considered to be in default of this agreement if delays
in or failure of performance shall be due to Force Majeure,the effect of which,by the exercise of
reasonable diligence,the non-performing party could not avoid.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which non-performing party could have,
with the exercise of reasonable diligence, prevented, removed or remedied with reasonable
dispatch.The non-performing party shall,within a reasonable time of being prevented or delayed
from performance by a Force Majeure event,give written notice to the other party describing the
Force Majeure preventing continued performance of the obligations of this agreement.
FEDERAL AND STATE REGULATIONS
The contractor shall comply with all applicable federal, state and local rules and regulations
regarding the provision of services.
ACCEPTANCE OF SERVICES BY THE CITY MANAGER
The services to be provided shall be in full compliance with specifications and requirements set
forth in the contract documents.
LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY THE CONTRACTOR
Unless otherwise provided in this solicitation, the contractor shall furnish the labor, materials,
and coordination of services for satisfactory contract performance.
COMMISSION MEETING
The successful contractor must be available to attend City Commission meetings when required.
Contractor must be prepared to answer any questions and/or provide oral presentation if
requested by the City Commission and/or authorized by City representatives.
CONTACT INFORMATION
For any additional information concerning procedures for responding to this solicitation,please
contact the City Clerk at 305.953.2800 or via email at jflores @opalockafl.gov.Such contact is to be
for clarification purposes only. Any questions or requests for clarifications pertaining to the
specifications or Scope of Work of this Request for Proposals must be submitted in writing by
email. The solicitation number and solicitation title must be included on all correspondence. All
responses to questions or clarifications will be addressed by written addendum to the solicitation.
No questions will be received verbally or after said deadline.
ACCEPTANCE/REJECTION/MODIFICATION TO PROPOSALS
The City Manager reserves the right to reject any and all proposals, and to waive minor
irregularities in the procedure.
13 I I a w
CONDITIONS OR PROPOSALS
Late Proposals received by the City Clerk after the time specified for receipt will be considered.
Proposers shall assume full responsibility for timely delivery at the location designated for receipt
of proposals.
All information required by this RFP must be supplied to constitute an acceptable proposal.
All proposals will be publicly opened at the time and place specified.
The Selection Committee will make recommendations based upon the most responsive and
responsible respondent(s)whose qualifications conforms to the RFP and is most advantageous to
the City.Successful qualified contractor(s) shall be notified in writing of award.
A contract (the "Franchise Agreement") will be awarded in accordance with City Commission
approval, and Florida Statues, by the City Commission. The City Manager reserves the right to
execute or not execute,as applicable,a contract with the contractor that is determined to be in the
City's best interests.
INTERPRETATIONS
All respondents shall carefully examine the RFP documents.Any ambiguities or inconsistencies
shall be brought to the attention of the City in writing prior to the proposal due date; failure to
do so on the part of the respondent,shall constitute an acceptance of any subsequent decision.
EXAMINATION OF THE SERVICE AREA
By submitting a proposal to do the work required under this RFP and Franchise Agreement,the
respondent certifies that(a) it has completed a careful inspection of the Service Area,and (b) the
respondent is fully informed concerning: (i)the requirements of this RFP;(ii)the conditions to be
encountered when performing the work; (iii) the quality and quantity of the service to be
performed; (iv) the materials and equipment required to perform the work; and (v) all relevant
factors concerning the City's RFP and the work to be performed. The successful respondent will
not be entitled to additional compensation if the respondent subsequently discovers that the
conditions require personnel, methods, or equipment other than those anticipated by the
respondent when submittal it proposal. Submission of a proposal will serve as prima facie
evidence that the respondent has examined the RFP, Franchise Agreement and the Service area
and is fully aware of all conditions affecting the provision of the contractor's services.
STORM FUND
The City is considering the creation of a fund that will be used to pay for the cost of clean-up and
recovery efforts after a hurricane or severe storm. The City wants to determine how much
additional cost the City will incur if the City requires the Successful Proposer to contribute money
to the City's storm fund. The incremental cost for this fund shall be provided by the Proposers.
The City Commission will decide whether to establish this fund after the City receives the
proposals and proposed rates. If the City decides to create a storm fund,the agreement shall be
modified to describe the successful proposer's specific obligations and establish the applicable
rates.
14IPdcr
WASTE REDUCTION
The City desires to reduce the volume of solid waste that is disposed with no residual value.The
effort by the City is to encourage residents and businesses to reduce, reuse and recycle. The
opportunity to educate stakeholders is best during community events where large number of
people gather for participation.The City is considering the continuation of event sponsorship by
the successful proposer. The City wants to determine how much additional cost the City will
incur if the City requires the successful proposer to fully fund City community events to
encourage the gathering of people to promote waste reduction strategies. The incremental cost
for this fund shall be provided by the proposer. The City Commission will decide whether to
continue this fund after the City receives the proposals and proposed rates.If the City decides to
create an event sponsorship fund for the purpose of promoting waste reduction strategies, the
agreement shall be modified to describe the successful proposer's specific obligations and
establish the applicable rates.
EXECUTION OF FRANCHISE AGREEMENT
The execution of a contract is required to be executed between the City and contractor following
the selection and approval of contractor by the Mayor and City Commission, at a duly noticed
public meeting.
FRANCHISE AGREEMENT
The terms, conditions, and provision in the RFP shall be included and incorporated into the
Franchise Agreement. The order of precedence shall be the Franchise Agreement, RFP, and
general law. Any and all legal action necessary to enforce the Franchise Agreement will be
interpreted according to the laws of Florida.The venue of any legal action related to the Franchise
Agreement shall be in the state court of competent jurisdiction in Miami-Dade County,Florida.
SCOPE OF WORK
Commercial Service levels, including Roll-off Collection Service, shall be made available to all
commercial establishments within the City at the rates proposed.
All services performed by the contractor shall be expanded to include all newly constructed
homes and commercial facilities upon notification by the City. Including the collection of bulk
waste. This would include but not limited to vegetative materials, tires, white goods, and
furniture.
At such time as the contractor or City desires to expand the scope of services, or add additional
materials to the Recyclable Materials collected, the City shall submit to the contractor an
expansion proposal ("Expansion Proposal") and the contractor receiving such proposal shall
evaluate and consider the same in good faith.If contractor and the City fail to reach an agreement
with respect to the terms and conditions for expansion of the services within sixty (60) days of
submission of the Expansion Proposal, the contractor will continue to perform all services as
provided by this agreement for the remaining term thereof. The areas and number of units
services shall not be reduced during the term hereof unless said units no longer receives any
services or the area in question is no longer within the boundaries of the City.
15IPdge
ADDITIONAL DEFINITIONS
For purpose of the Solid Waste Processing and Disposal Services Contract, the definitions
contained in this section shall apply unless otherwise specifically stated herein. In the event of a
conflict between the definitions contained herein and the definitions found under chapter 11 of
the City's Code of Ordinances, the Code of Ordinances shall apply. The word "shall" is always
mandatory and not merely discretionary.
The term "Change in Law" shall mean the adoption, promulgation, or modification of any
applicable law after the effective date,which directly and substantially affects the contractor's or
City's cost or ability to perform under this agreement.A change in law does not include a change
in any tax law or workers' compensation law.
The term"Collection Plan"means the contractor's written plan for providing sanitation services
in accordance with the requirements of this agreement.
The term "Commercial Establishment" shall mean all retail, professional, wholesale,
institutional, industrial facilities and any other commercial enterprises, including hotels and
motels and licensed recreational vehicle parks,offering goods or services to the public located in
the service area.
The term "Commercial Services" shall mean Commercial Solid Waste Collection Service and
Roll-Off Collection Service performed in the service area.
The term "Commercial Service Unit" shall mean any Commercial Establishment in the service
area.
The term "Commercial Solid Waste" shall mean any Garbage or Rubbish that is usual to the
normal operations of a commercial service unit. The customers at the Commercial Service Unit
wherein the Commercial Solid Waste is collected and does not include items defined herein as
Yard Trash, Bulk Waste, Contractor-Generated Waste or Exempt Waste must generate
commercial Solid Waste.
The term"Commercial Solid Waste Collection Service"shall mean the collection of Commercial
Solid Waste from Commercial Service units in the service area that utilize containers,compactors,
or garbage cans for the set-out and collection of commercial solid waste.
The term "Compactor" shall mean any container, regardless of size, which has a compaction
mechanism,whether stationary or mobile.All such equipment must be clearly marked to prohibit
their use for the disposal of Hazardous Waste, Bio-Hazardous, biological or Bio-Medical Waste
or Sludge.
The term "Container" shall mean any metal container, with a capacity of one cubic yard up to
and including ten cubic yards, designed or intended to be mechanically dumped into a loader-
packer type garbage truck,including compactors. All such containers must be clearly marked in
a manner so with the size of the container and in a manner so as to prohibit their use for the
disposal of Hazardous Waste,Bio-Hazardous,Biological or Biomedical Waste or Sludge.
16IPa2
The term "Contractor" shall mean any person or entity that has entered into an agreement to
provide the services described herein for the service area.
The term "Contractor-Generated Waste" shall mean Bulk Trash or Bulk Yard Trash generated
by builders,building contractors,privately employed tree trimmers and tree surgeons,landscape
services and lawn or yard maintenance services and nurseries.
The term"County"shall mean Miami-Dade County,Florida.
The term "Dwelling Unit" shall mean any individual living unit in a single family dwelling,
multi-family dwelling or mixed-used dwelling within a structure or building intended for, or
capable of being utilized for, residential living, other than those structures or building units
included with the definition of Commercial Service Unit.
The term"Franchise Fee" shall mean the twenty eight(28) percent fee paid to the City monthly,
or Private Waste Collector's total gross receipts.
LICENSING
The contractor shall be licensed and certified by all appropriate State and Local agencies. The
contractor shall procure at its own expense, all necessary licenses and permits. The contractor
shall conform to all applicable laws,regulations,or ordinances of the State,County,and the City.
The applicant(s) for a franchise agreement under this article, or if an individual, firm,
corporation, partnership, association, organization or any other group acting as a unit, any
person having any financial, controlling or managerial interest therein, shall be of good moral
character. In making such determination the following shall be submitted by the applicant:
• Name and business address:If the applicant is a partnership or corporation,the names and
business addresses of the principal officers and stockholders, and other persons having
any financial or controlling interest in the partnership or corporation.
• Fingerprints:All applications shall be accompanied by fingerprints of the applicant,if an
individual, and if the applicant is other than an individual, then the fingerprints of the
principal controlling officers of the applicant shall be furnished. Such service shall be
provided to the applicant by the city police department.
• Penal history: A record of all convictions, reasons therefor, sentence imposed for each
such conviction, and the demeanor subsequent to the last such conviction shall be
provided by the applicant.If the applicant is other than an individual,then the principal
controlling officers of the applicant shall provide the aforesaid information upon the
forms approved by the city.
• Each such applicant as hereinbef ore defined shall execute written consent, upon forms
provided by the city, to be sworn to by such applicant before a notary public of this
state,authorizing any and all agencies,organizations and governmental bodies,federal,
state and local, to release and disclose all records pertaining to the information
requested in this section and in subsections (4) and (5) hereunder to the city, and said
17IPaeY
written consent shall authorize the public disclosure of all such information and records.
The police department of the city shall thereafter review such record and, if merited,
issue a certificate of compliance indicating the satisfactory demeanor of such individuals
and listing a record of conviction(s).
• Franchisee history:A franchise history of the applicant, setting forth whether or not such
applicant previously operated in this or another state under a franchise, and whether
the applicant has had such agreement revoked or suspended, and if so, the reasons for
said revocation or suspension shall be set forth.
• General personal history:The applicant shall provide such other facts as are thought to
be relevant to the general personal history of any applicant. If the applicant is other
than an individual, then the applicant shall provide such other facts as are thought to
be relevant to the general personal history of the principal controlling officers of the
applicant.
• The application setting forth the penal history, license and general personal history of
the applicant,individual or otherwise,shall be reviewed by the city for the purpose of
determining the moral character of the applicant. Good moral character shall be
determined by:
General traits, reputation as to sobriety, honesty, loyalty, trustworthiness, reliability and
discretion of the applicant;
The associations, type of persons, groups, organizations or movements with which the
applicant has been associated;
The nature of the offenses for which the applicant was convicted,if any,the sentences imposed
thereon, the demeanor of the applicant following the conviction, and/or release from any
incarceration imposed therefrom,and the rehabilitation of said applicant into society;
The previous franchise history of the applicant, if any, as attested to by the City Manager or
City Clerk;
Investigation of the city may include,but not be limited to,neighborhood investigations,credit
agencies,the records of law enforcement agencies, and other sources of recorded information.
The application shall be accompanied by a certificate of approval furnished by the director of
the department of public works to the effect that he is satisfied as to the following:
The adequacy of the equipment to be used in compliance with the requirements of this article.
The method of collection to be employed.
The refuse dump, incinerator plant or other place, means or location indicated, in writing, by
the licensee to be used for final disposal.
18IPa ;�
TRANSITION
By participating in this solicitation, each respondent acknowledges and agrees to comply with
the City's scheduled start time to commence on July 21, 2019.Further,the City has planned this
solicitation to provide the successful contractor(s) with sufficient time to, among other things,
order equipment and prepare necessary routing changes.
ROUTES AND SCHEDULES
Within one(1)month after award and no later than December 15th annually thereafter during the
term of the contract, the contractor shall provide the City the schedules for all collection service
routes and keep such information current at all times. The contractor shall submit a proposed
route and schedule to be approved by the City prior to providing services under the contract.
Contractor shall abide by the routes and schedules provided with the proposal documents.
The City reserves the right to deny the contractor's vehicles access to certain streets, alleys and
public ways,inside the City or outside the City in route to the disposal facilities,where it is in the
best interest of the general public to do so due to conditions of streets or bridges.The contractor
shall not interrupt the regular schedule and quality of service because of such street closures.
Within one(1)month after award and no later than December 15th annually thereafter during the
term of the contract,the contractor shall annually supply all customers with printed information,
which at a minimum, shall include a one quarter page display advertisement in a newspaper
publication within the City, regarding amount and types of waste to be collected, complaint
procedures, rates, telephone number, mailing address, office hours and days of collection. All
such notices shall comply with legal advertisement requirements as provided by state law. All
changes in the collection schedules, procedures or rules shall be approved by the City. In the
event of a permanent change in routes or schedules that will alter the day of collection, the
contractor shall notify the affected customer(s) in writing or other manner as approved by the
City, not less than two (2) weeks prior to the change. Any temporary alteration of collection
schedules resulting from circumstances beyond the control of the contractor, including but not
limited to holidays shall be communicated to the affected customers.Such notice,at a minimum,
shall be by advertisement in a newspaper of local circulation. Customers under the contract shall
be notified by the contractor of the schedules approved by the City. Individual route starting
times and succession of pickup shall remain constant so as to promote and achieve regularity of
service. Any and all route and/or schedule changes shall be approved by the City prior to
implementation of the new schedule or route. Written notices of changes in schedules shall be
furnished to the customers by the contractor, at least ten (10) days prior to the actual change in
routes or schedules.
COMMERCIAL SOLID WASTE COLLECTION SERVICES
The contractor shall collect and dispose of all Commercial Solid Waste generated by customers
subscribing to Commercial Solid Waste Collection Service.
CONDITIONS AND FREQUENCY OF SERVICE
Commercial Solid Waste Collection Service shall be provided as deemed necessary and as
determined between the Contractor and the customer. Commercial Solid Waste Collection
19 I1' J 3e
Services shall be provided no less than two (2) times per week,with no exception for holiday(s)
as set forth herein, except that Collection Service scheduled to fall on a holiday may be
rescheduled determined between the customer and the Contractor as long as the minimum
frequency requirement is met.The size of the Container or garbage can and the frequency(above
the minimum) of Collection shall be determined between the customer and the contractor.
However,size and frequency shall be sufficient to provide that no Commercial Solid Waste shall
be placed outside the Container or Garbage can. The Collection for Pulls shall be arranged as
required by the customer. The Contractor shall provide Containers at the approved rental rates;
however, customers may own their Container provided that the customer shall be completely
serviced by their contractor's equipment. Contractor shall not be responsible for providing
Garbage cans to those Commercial Services Units Utilizing Garbage Cans.
COMMERCIAL HOURS
Commercial Solid Waste Collection Service shall be provided between the hours of 7:00 a.m. and
7:00 p.m. Monday through Saturday and 8:00 a.m. to 7:00 p.m. on Sunday. The receipt of
complaints by the City referencing noise or disturbances that occurred during the operating hours
set forth in this Section shall be prima facie evidence of"disturbances" and the Contractor may
adjust the Commercial Collection Service hours at such identified locations as the City shall direct
the Contractor in Writing. The adjustment of such hours shall not result in a rate change for the
Contractor. The hours or days, or both, of Collection may be extended due to extraordinary
circumstances or conditions with the prior written consent of the Contract Administrator.
SERVICE AGREEMENTS
Prior to providing any Commercial Collection Service, and annually thereafter for monthly
Commercial Collection Service customers, a written service agreement between the Contractor
and the customer, in a format acceptable to the City, shall be entered into regarding the levels
and type of services to be provided.The written agreement shall include rate information to the
Contract,the name and address of the Commercial Service Unit,in a format as prescribed by the
City and a copy shall be filled with the City within five (5) days of the execution of the written
agreement. Annual agreements may be forgone if the City is notified within five (5) days of the
changes in services levels. However, a new service agreement must be executed when the City
accepts service level changes.
REQUEST FOR CHANGES IN SERVICE LEVELS
Requests from a customer for changes in level of service, either container size or frequency of
collection shall be evidenced by a service level change request form,in a format acceptable to the
City.The service level change request form shall be submitted to the City shall approve or deny
the request in writing and shall provide the Contractor with such written approval or denial
within ten (10) work days of receipt of the request from the Contractor. Contractor shall not
provide a change in Container size or frequency without receiving written permission from the
City.
20 11' a
NEWLY ESTABLISHED ACCOUNTS
The contractor shall notify the City within twenty-four (24) hours of the establishment or
discontinuation of Commercial Solid Waste Collection Service to any Commercial Service Unit
covered under the Contract. The Contractor's notice shall provide the name and address of the
Commercial Service Unit, the frequency of Collection, the size of Container (s), and the number
of containers or carts.
CONDITION,REPAIR AND REPLACEMENT OF CONTAINERS
The contractor is required to keep containers emptied by mechanical means,cleaned and painted
to present a pleasing appearance. The contractor shall submit, annually,a schedule showing the
frequency of the cleaning and painting of the containers.The contractor shall at the beginning of
the tenth (10th) month of the contract,begin a program which will provide for each customer to
receive a reconditioned or new container during the succeeding twelve (12) month period and
each twelve(12)month period thereafter.The contractor shall provide each customer who uses a
container emptied by mechanical means,a new or renovated container on a regular schedule.The
contractor shall submit to the City for the City's approval a schedule showing how the change
out of the containers is to be accomplished and a schedule showing the frequency of the cleaning
and painting of containers. All containers shall be maintained in a reasonable, safe working
condition and shall be painted a uniform color. The requirement for annual replacement of
containers may be forgone if the contractor implements an inspection program after the
beginning of the 10th month of the contract. Commercial customers shall file the request for
container replacements with the City.
Any containers damaged by the contractor shall be repaired or replaced by the contractor,at the
contractor's expense,within two(2)work days at no cost or inconvenience to the customer.In the
event the source of the damage cannot be agreed upon between the customer and the contractor,
the City shall mediate the dispute.
ACCESSIBILITY
All containers or garbage cans shall be readily accessible to the contractor's crew and vehicles,
and not blocked.
CONTAINER LOCKS
Contractor(s) shall provide locks and keys to all Commercial Service Units requesting Container
lock service. Contractor shall be compensated for the provision of this service at the monthly
container rate and as may be adjusted from time to time in accordance with the terms of the
Contract.
21II' a =
CONDITION AND FREQUENCY OF SERVICE
Roll-off Collection Service shall be provided as deemed necessary and as determined between the
contractor and the customer within three(3)work days of receipt of the request for services from
the customer. The size of the container and the frequency of collection shall be determined
between the customer and the Contractor. However, size and frequency shall be sufficient to
provide that no waste materials shall be completely responsible for its proper maintenance and
such container shall be a type of a type that can be serviced by the contractor's equipment.
ACCESSIBILITY
All Roll-Off Containers, shall be readily accessible to the Contract's crew and vehicles, and not
blocked.
CITY SERVICE
The contractor shall provide, at no cost to the city, Roll-Out Containers and Roll-off Containers,
at the locations specified by the City. In addition, the contractor shall provide sufficient twenty
(20)cubic yard open top containers,on-call at no cost to the City whenever needed for City related
functions.
CONTRACTOR'S RELATION TO THE CITY
It is expressly agreed and understood that the Contractor shall be in all respects an independent
contractor as to work, and that the Contractor is in no respect an agent, servant or employee of
the City of Opa-locka.This Solicitation specifies the work to be done by the Contractor, but not
the method to be employed to accomplish this work shall be the responsibility of the Contractor,
unless otherwise provided in the Contract result this Solicitation,subject to approval by the City.
HANDLING COMPLAINTS
The contractor shall perform a service of high quality and keep the number of legitimate
complaints to a minimum.The contractor shall maintain a telephone listing in the name in which
it is doing business as the contractor and provide answering service for those customers needing
to contact the company during collection hours Monday through Saturday.
The City should receive all complaints regarding the performance of the Contractor.In the event
a Contractor receives a complaint from a customer, the Contractor shall immediately notify the
City. In order that the Contractor may be informed of the quality of service, the City agrees to
maintain a record of all complaints for inspection by the Contractor.They City agrees to furnish
a monthly report of all complaints,listing the name and address of the person complaining, the
nature of the complaint and disposition of such complaint. A written response shall be provided
to the City by the Contractor as to the disposition of each complaint. The City reserves the right
to correct a complaint if the complaint is not corrected with twenty four(24)hours of notification
of the Contractor.If the contractor is notified of a complaint before 12:00 noon,then the complaint
shall be handled by the Contractor before 7:00 p.m. that same day. If the contractor is notified of
22IagL
a complaint after 12:00 noon,then the complaint shall be handled by the Contractor before 12:00
noon of the following day.
RADIO COMMUNICATIONS
The contactor shall provide all vehicles used pursuant to this agreement with two-way radio
communications systems.The communication shall be between the contractor's base station and
all service trucks utilized in providing the services. The two-way radios will not be tuned to any
City frequencies.
DISCRIMINATORY PRACTICES
The Contractor shall not deny service, deny access, or deny employment to any person on the
basis of race,color,creed,sex,religion,national origin,or affinity orientation.The Contractor will
strictly adhere to the equal employment opportunity requirements and any applicable
requirements established by the State of Florida or the Federal Government.
EMPLOYEES AND CONTRACTORS
All employees and contractors of the contractor shall be considered to be, at all times, the sole
employees or contractors of the contractor under its sole discretion and not an employee,
contractor, or agent of the City. The contractor shall supply competent and physically capable
employees and contractors. The City may require the contractor to remove any employee or
contractor it deems careless, incompetent, insubordinate, or otherwise objectionable and whose
continued performance of the services is not in the best interest of the City.
The direction and supervision of refuse collection and disposal and salvage operations shall be
by competent, qualified, and sober personnel, and the Contractor shall devote sufficient
personnel,time and attention to the direction of the operation to assure performance satisfactory
to the City. All subcontractors, sub consultants, superintendents, foremen and workmen
employed by the contractor shall be careful and competent. The contractor shall also provide
uniforms with I.D.badge and said badge shall be turned over to the City upon termination of the
employee.Employees and subcontractors of the successful proposer.
Proposer shall have and wear proper dress attire at all times. Proper dress attire shall consist of
industrial;style work pants,a button front work shirt or T-Shirts with the Contractor's company
name or logo and the name of the shirt bearer,and steel-toed footwear in compliance with ANSI
Z41 PT 91 M I/75 C/75.
All employees used by the contractor during the term of the contract, shall be of a standing or
affiliation that will permit the Contractor's performance herein to be carried on harmoniously
and without delay, and in no case, or in any circumstances, will such employees cause any
disturbance,interference or delay to any work or service rendered to the City or by the City and
in no case or in any circumstances will the employees conduct themselves negligently,disorderly
or dishonesty in the due and proper performance of the employee's a courteous, helpful and
impartial manner. The contractor shall furnish the City with a current roster of employees every
thirty(30) days.
23 I1' a 2 e
QUALITY OF PERFORMANCE OF CONTRACTOR
It is the intent of this Agreement to ensure that the contractor provides high quality services.
NATURAL DISASTERS
In the event of a hurricane, tornado, major storm or other natural disaster, the contractor shall
reestablish regular routes and schedules for the collection of Solid Waste, Recovered Materials,
and Vegetative Waste as soon after the natural disaster as practicable. The contractor agrees to
provide full cooperation with the City and the debris collection contractor in the aftermath of a
natural disaster in an effort to return to the City to its pre-disaster state, and resume normal
collection services.
EVALUATION PROCESS
The City shall appoint an Evaluation Committee to review and evaluate the qualifications,prior
experience, proposed products, video management solutions, and price proposal of each
respondent.
Respondents who have met the responsiveness and responsibility conditions will be evaluated
by the Committee in accordance with the criteria detailed under this section. Evaluation
Committee members will independently score the proposals based on the merit of each proposal,
as determined by the evaluation committee members, to meet the requirements stated in this
solicitation. The total number of points scored by each evaluation committee member will be
based on the maximum points available for each of the factors detailed in this solicitation.
COMMITTEE INTERVIEWS
The evaluation committee may choose to invite respondents to make a presentation and respond
to questions from the committee as part of the evaluation process. The notice of assigned
presentation times will be communicated in advance to the respondent but may be given short
notice of appearance. The respondent's presentation may clarify and summarize the content of
its proposal,but may not modify the prior written submission.Any communication between the
committee members and the respondent made during the course of the interviews are intended
primarily for purposes of providing clarification of the content the proposal and are not be
construed as a"negotiation" of terms by either party.
The final ranking shall be based on the scores issued by the Evaluation Committee based on either
their review of the qualifications of each proposal solely or the results of the committee
interviews,if any.
Evaluation Criteria Points
Qualifications and Experience 20
Technical Proposal 25
Local Preference 5
Price Proposal 50
241 {' A
Qualifications and Experience-20 points
Proposer shall demonstrate its qualifications and experience.
Technical Proposal-25 points
Proposer shall demonstrate how it will perform the scope of services as outlined in this
solicitation.The Proposer should identify the approach (including required staffing,equipment,
technology, and procedures), implementation process, transition, and financial requirement. In
addition,the Proposer shall demonstrate experience with other projects similar in size and scope.
Local Preference-5 points
Proposer must include a strategy(s) to identify employment opportunities for Opa-locka
residents.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.
Price Proposal-50 points
Proposer shall provide a price proposal which meets the requirements contained in this
solicitation.
Total Available Evaluation Criteria-100 points
NEGOTIATIONS
The City may award a contract to multiple high ranked proposer(s) based solely on their initial
proposal.Therefore,each initial offer should contact the proposer's best format from a monetary
and technical standpoint.
Nonetheless, if the City proceeds to negotiate a contract with the highest ranked firm(s) and is
unable to reach an agreement,the City reserves the right to terminate negotiations and may begin
negotiations with the next ranked responsible and responsive proposer. This process may
continue until a contract acceptable to the City Manager has been executed or all proposals are
rejected. No proposer shall have any rights against the City arising from such negotiations or
termination thereof.
25IF' d , z.
PRICE PROPOSAL FORM
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week week week week week week week
1 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
261 i' « 2 ,w
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week week Week week week week week
2 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
271 ';' . :: ,
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week week week week
3 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
28I .
PRICE PROPOSAL FORM(CONTINUED)
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
4 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
291f' :.
PRICE PROPOSAL FORM(CONTINUED)
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
6 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
301 ;= 1 ® ,Y
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
8 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
311 I' .
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services-Maintenance(charges are per month)
Company Name
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size Monthly Maintenance Franchise Fee Total
(cu.yds.) Fee
1 $ $ $
2 $ $ $
3 $ $ $
4 $ $ $
6 $ $ $
8 $ $ $
Commercial Roll-out and Caster Fees (per month, one roll-out per week-multiple roll-outs per
week shall be the number of roll-out multiplied by the total monthly cost):
Roll-out Rate Franchise Fee Total
Distance/Item
Short(<20 feet) $ $ $
Long(<20 feet,<75 $ $ $
feet)
Casters $ $ $
32 I
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services-Maintenance (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size 1x/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
1 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
33 I i' :1 ,
PRICE PROPOSAL FORM(CONTINUED)
Commercial Container Services-Maintenance(charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
2 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
34I ' _ ;m
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services-Maintenance (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
3 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
351 {' in ::
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services-Maintenance (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
4 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
36 1 P w4
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services-Maintenance (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
6 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
371 =' . _ ;a
PRICE PROPOSAL FORM (CONTINUED)
Commercial Container Services-Maintenance (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size lx/ 2x/ 3x/ 4x/ 5x/ 6x/ 7x/
week Week week week Week week week
8 Cubic Yard $ $ $ $ $ $ $
Collection $ $ $ $ $ $ $
Disposal $ $ $ $ $ $ $
Franchise Fee $ $ $ $ $ $ $
Waste Reduction $ $ $ $ $ $ $
Storm Fund $ $ $ $ $ $ $
Total $ $ $ $ $ $ $
38 1s 1 _ _
PRICE PROPOSAL FORM (CONTINUED)
Compactor Services Maintenance (charges are per month)
Company Name
Company Address
City State Zip _
Authorized Company Representative _
Telephone Fax
Email Address
Container Size Monthly Maintenance Franchise Fee Total
(cu.yds.) Fee
1 $ $ $
2 $ $ $
3 $ $ $
4 $ $ $
6 $ $ $
8 $ $ $
Pull Services (charges are per pull): Materials include but are not limited to, tires, asphalt, landscaping
debris,mixed solid waste and construction debris. _
10 CY 20 CY 30 CY 40 CY 50 CY
Pick-up &Haul $ $ $ $ $
Disposal $ $ $ $ $
Franchise Fee $ $ $ $ $
Waste Reduction $ $ $ $ $
—
Storm Fund $ $ $ $ $
—
Total $ $ $ $ $
39II' <, 2 :..
PRICE PROPOSAL FORM (CONTINUED)
Pull Service Delivery
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size Delivery Rate Franchise Fee Total
(cu.yds.)
10 $ $ $
15 $ $ $
20 $ $ $
30 $ $ $
40 $ $ $
Pull Service Maintenance less than (<) thirty(30) days (charges are per day):
Container Size Delivery Rate Franchise Fee Total
(cu.yds.)
10 $ $ $
15 $ $ $
20 $ $ $
30 $ $ $
40 $ $ $
40 1 {
PRICE PROPOSAL FORM (CONTINUED)
Pull Service Maintenance more than(>)thirty(30) says (charges are per day)
Company Name
Company Address
City State Zip
Authorized Company Representative
Telephone Fax
Email Address
Container Size Delivery Rate Franchise Fee Total
(cu.yds.)
10 $ $ $
15 $ $ $
20 $ $ $
30 $ $ $
40 $ $ $
I hereby certify that I am authorized to act on behalf of the Respondent,individual,partnership,
corporation or association making this proposal and that all statements made in this document
are true and correct to the best of my knowledge. I agree to hold this offer open for a period of
one hundred twenty (120) days from the deadline for receipt of proposals; or, if I am selected as
the Top-Ranked Offeror,for such further period as is necessary for obtaining contract signature
and approval.
I understand and agree to be bound by the conditions contained in the Request for Proposal and
shall conform to all requirements of the Request for Proposal.
Company Name
Authorized Company Representative Title:
Authorized Company Representative Date:
41I �' ;x
PRICE PROPOSAL FORM
Commercial Container Services (charges are per month)
Company Name
Company Address
City State Zip
Authorized Company Representative _
Telephone Fax
Email Address
Materials 1 Cubic Yard Cost Cost Variation
—
Tires
Trees/Plant Materials $ $ —
Furniture
Mixed Materials $ $
42IPaa
COVER PAGE&CONTACT PERSON INFORMATION
SOLID WASTE PROCESSIN AND DISPOSAL SERVICES
RIP NO.19-XXXX 00C
This form should be included as the very first page of your Proposal.Please complete the form in
its entirety and have it signed by either an authorized officer or principal of the Respondent.The
"Contact Person" listed below should be an authorized designee of the Respondent whom the
City may contact for any questions and/or to forward any correspondence related to this
Solicitation.
Legal Name of Proposer(s): _
Federal Employee
Identification(FEIN
Number: _
Mailing Address:
City,State,Zip Code:
Title:
Email Address:
Telephone Number:
43 I i
oPp,ockq
p4 \0
2.o n 9v
1. I hereby certify that I am authorized to act on behalf of the Respondent, individual,
partnership,corporation or association making this Proposal and that all statements made
in this document are true and correct to the best of my knowledge.
2. By submitting a Proposal,the Respondent certifies that it has fully read and understands
this Solicitation and has full knowledge of the scope, nature, and quality of work to be
performed.
3. The Respondent, individual, partnership, corporation or association responding to this
Solicitation certifies that all statements made in this document are true and correct to the
best of their knowledge. Moreover, the Respondent agrees to hold this office open for a
period of one hundred twenty (120) days from the deadline for receipt of Proposals.
4. Respondent understands agrees to be bound by the conditions contained in this
Solicitation and shall comply with all of the requirements outlined herein.
Name of Company: _
Authorized Signature:
Title of Officer: _
441 ''' . ,7 _
OQp Lock"
6 �Y
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.
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
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
451 _,
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
46IP
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that as
Principal, hereinafter called "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, 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
SIGNATURES FOR PERFORMANCE BOND BEGIN ON THE NEXT PAGE
47 I !.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials on the day of
,20 .
WITNESS: PRINCIPAL (if sole Proprietor or Partnership)
(Firm Name)
By:
Title: (Sole Proprietor or Partner)
PRINCIPAL (if Corporation)
(Corporate Name)
AF1'EST:
(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)
48 113
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 is the Attorney-In-
Fact or the , (Surety) and that he 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 issue, 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:
49 I ' at
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 number (1),notify the employees that as a
condition for working on the commodities or contractual services that
are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction on or plea of guilty or
no contest to any violation of Chapter 893, Florida Statutes or of any
controlled substance law of the United States or any singular 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.
501 !' ; .
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
511 ' __
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
52 I F
a,a.Lock, CITY OF OPA-LOCKA
NON-COLLUSION AFFIDAVIT
U
Zo
o;n
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;
(2) He/She/They is/are fully informed respecting the preparation and contents of the
attached Proposal and of all pertinent circumstances respecting such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) 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;
(5) 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
53 I •
oPp.�och<
O �
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:
54 I
FAILURE TO COMPLETE AND RETURN THIS FORM
MAY DEEM YOUR BID NON-RESPONSIVE
BUSINESS/VENDOR PROFILE SURVEY
Name of Business:
Address:
Phone No.:
Contact Person (Regarding This Form):
Type of Business (check the appropriate type):
❑ CONSTRUCTION SERVICES - Firms involved in the process of building, altering,
repairing, improving or demolishing any structure,building or real property.
❑ ARCHITECTURE AND ENGINEERING (A&E) SERVICES - Firms involved in
architectural design, engineering services, inspections and environmental consulting
(materials and soil testing) and surveying.
❑ PROFESSIONAL SERVICES - Includes those services that require special licensing,
educational degrees,and unusually highly specialized expertise.
❑ BUSINESS SERVICES - Involves any services that are labor intensive and not a
construction related or professional service.
❑ 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 your respective SDBE category):
African-American Hispanic Asian-Indian American
Asian-Pacific American Native American
Any Woman not included among the aforementioned categories
55 Ifa
FAILURE TO COMPLETE AND RETURN THIS FORM
MAY DEEM YOUR PROPOSAL NON-RESPONSIVE
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 by
(print individual's name and title) for
(print name of entity submitting sworn statement)
whose business address is
and, (if applicable) its Federal Employer
Identification Number(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 a violation of any state or Federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including but not limited
to, any bid or contract for goods or services, any lease for real property, or 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 a conviction of a public entity crime,with or without an adjudication of guilt,
in any federal or state trial court of record relating to charges brought by indictment or
information after July 1,1989,as a result of a jury 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:
56 I 1
(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
fair 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 be considered an affiliate.
5. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter 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 entity submitting this sworn statement(indicate by placing a check in front
of the statement which applies):
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).
57 13' ig :
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)
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:
5811' tg
Sponsored by: City Manager
RESOLUTION NO. 17-9332
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE
FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE
SAME FORM AS SET FORTH IN EXHIBIT "A", FOR
COMMERCIAL SOLID WASTE COLLECTION AND
DISPOSAL WITH WASTE MANAGEMENT OF FLORIDA,
INC AND GREAT WASTE RECYCLING SERVICES, LLC,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
AND FOR FINAL APPROVAL BY THE CITY
COMMSSION; PAYABLE FROM ACCOUNT NO. 34-
534340, A BUDGETED ITEM; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, in January 2017, the City Commission authorized the City Manager
to pursue an emergency procurement for Commercial Solid Waste Collection and
Disposal; and
WHEREAS, the City of Opa-Locka ("City") currently does not have a
Commercial Solid Waste Collection and Disposal servicer; and
WHEREAS, in January 2017, the City was faced with and remains faced with a
health and welfare emergency relating to solid waste sanitation; after receiving pricing
information from at least two vendors, and evaluating price, customer service, operations
plan, qualification, experience, Minority Business Enterprise Certification, references,
financial stability, local preferences and resources, the City Manager issued a
recommendation finding that issuing Franchise's to both Waste Management of Florida,
Inc. and Great Waste and Recycling Services, LLC was in the best interest of the City; and
Resolution No. 17-9332
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER PIGATT
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
3
Sponsored by: City Manager
RESOLUTION NO. 18-9513
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXERCISE THE RENEWAL
PROVISIONS IN THE COMMERCIAL SOLID WASTE
COLLECTION AND DISPOSAL SERVICES FRANCHISE
AGREEMENTS WITH GREAT WASTE, INC., AND WASTE
MANAGEMENT, INC. OF FLORIDA, PAYABLE FROM
ACCOUNT NUMBER 35-534340; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The City Commission of the City of Opa-locka, entered into
commercial solid waste collection and disposal services agreements with Great
Waste, Inc., and Waste Management, Inc. of Florida on July 21, 2017; and
WHEREAS, the original term of the agreements are set to expire on July 20,
2018;and
WHEREAS, the City needs to extend the terms of the agreements in order to
conduct the Request for Proposal process to retain a new commercial solid waste
provider(s) and to avoid a health hazard from occurring within the City; and
WHEREAS, The City Commission desires to authorize the City Manager to
exercise the one year renewal provisions of the commercial solid waste collection
disposal agreements with Great Waste, Inc., and Waste Management of Florida, Inc.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference;
Section 2. The City Commission of the City of Opa-locka directs and
authorizes the City Manager to exercise the one year renewal provisions of
the commercial solid
Resolution No. 18-9513
waste collection disposal agreements with Great Waste and Waste
Management of Florida, Inc. payable from account number 35-534340.
Section 3, This Resolution shall take effect immediately upon adoption, and
is subject to approval of the Governor of the State of Florida or his
designee.
PASSED AND ADOPTED this 20'h day of July, 2018.
L
yra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
40--
Jo. . Flores Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Moved by: Vice Mayor Kelley
Seconded by: Commissioner Pigatt
Commissioner Vote: 4-0
Commissioner Holmes: NOT PRESENT
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelly: YES
Mayor Taylor: YES
City of Opa-Locks
Agenda Cover Memo
Department Airia Austin Department
Director: Director Signature:
Finance Director: Bryan Hamilton FD Signature:
Department
Acting City Manager Newall J.Daughtrey CM Signature:
a , r"�i.
Commission 06/20/2018 Item Type: Resolution n er
Meeting Date: X
(EnterXin box)
Fiscal Impact♦ Ordinance Reading: la Reading 2"Reading
(Enter X in box) yes No (Enter X in box)
X Public Hearing Yes No Yes No
(EnterX in box) x x
(Enter Fund Advertising Requirement: Yes No
&Dept) (Enter X in box)
Funding Source: Ex:
Account#:
Contract/P.O. Yes No RFP/RFQJBid#:
Required:
(Enter X in box)
Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list
Related x Enhance Organizational 0 the specific objective/strategy this item will
(EnterXin box) Bus.&Economic Dev CJ address)
Public Safety m
Quality of Education 0
QuaL of Life&City Image 0
Communication 0
Sponsor Name City Manager Department: City Manager
Short Title:
A resolution of the City Commissions of the City of Opa-locka,Florida authorizing the City Manager to extend
the Commercial Solid Waste Collection Franchise Agreement,with Great Waste and Recycling Services Inc.
and Waste Management Inc.of Florida
Staff Summary:
Staff recommends the extension of this contract for one(1)year
Proposed Action:
Staff recommends the approval of this extension.
Attachment:
1. Agenda
2. Extension Agreement
3. Financial receipt report of Franchise Fees
4. Original contract agreements
"THE GREAT CITY"
arAagOACRA
6 j of
Ronda
MEMORANDUM
TO: Newall J. Daughtrey,City Manager
FROM: Airia Austin,Public Works Director c . .
DATE: July 19, 2018
RE: Recommendation to Extend Commercial Waste Hauling Franchise Agreement
We are hereby recommending the extension of the commercial waste hauling franchise agreement, between the
City of Opa-locka and our two waste haulers. Great Waste and Recycling Service Inc. and Waste Management
Inc. of Florida. These contractors lived up to their contractual obligations.
The combined franchise revenue received from these vendors to date is$514,154.16
In the coming months we will assemble an RFP for these services,to be awarded prior to the expiration of this
extension.
780 FISHERMAN STREET,OPA-LOCKA,FLORIDA 33054(305)953-3058
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
E..-+ I 00 O ON N 0.0 U) 00 O 04.) rn 00 0 ON N 0m CO
O4 I 00 0 or 0r o0 0 0.4 .4 00 0 0M M or n o0 0 00
.r • . `� ', •
W +'�E+ F U) u') N N O O •N N N N N N n U) U) •r-
t., U Z . H m a) +-1 .4 N N 4.) RI N N .-i .-1 CO tD aT P 0)
C3 0 Cl. t0 N .. r ri N•
W N N a r N r N
N N N
a
a. F
0. 4
h
0
Z CL ! 0 t 'n O 11 O N CD O O
p 0 •• 0 04 r O 0
o r .r U) 0 in u')
F t0 U) N 0 N N N N N n
CO CU "'� N N .4 CD Cr M
)• -) T V7 N .. n 1�
4 N N N N 0. a t
a ,
F ?
U
4 0 0 0 0 0 0 0 0 0
r r n r r r n N r•
M 0 .. .4 .-1 .i .. .. .4 .4 .4
-4
U to to .n on 1n on on on 1n
0
Z
t0 N N CD O CD r-1 ill U) CO
W .-1 .-1 N M M T M Cr N
U co O O O N r N O p4. q.
Z f.) M U) r W M t0 .4 Ul N
((W�M 40 n rl v .0 U) 40 .4 O Cr
•1 N N N N N f+) 01 M
In .r
- 0 r) r0
rl 0 c.) r)
.1 0 o .-O P1 r
.4 0 o ri
.4 O 4.) .-1
,-I 0 n r.
.. 0 In N
ti 0 NEI 0 0
0 0 O
o O 0
0 O O
0 O O
o 0 0
0 0 0
0 0 O
0 0 0
o P.
0
F
U
F 4 0 0 0 0 CD a 0 o 0
aC on .4
0 0 rl
go x 0 0 0 0 o a o 0 0
.4 .4 a 4� O 0 0 0 0 O 0 0 0
E ., , r,
0 E W n Z Z Z Z
W 4 0. Z 0 .r .. CW7 .-1 0 .-1 0 .4 W W .+I 0 a 0
0 xw).. 0 444 0 4 0 4 0 !'4 0 4 o O o gT4 0 .44
E.W 0). Z 4 0 i:N 0 6 0 14 0
E 6114 0 (4 o a F.W a ZN 0
ZN
U U CO w I W U W U W U W U W U W 0 W U W U W Cl W U W
U UF) tE Z VFI y CU� to U' t) )(� ccoo U, ) 7r E. U' W E.
3 T 3e 2 U) U z £ 3 E 3 U U) 0 U) U) 3 X 3
E. E. H H 14 W W E. F F
O 3 3 ' 4 CO 4 CO 4 Cl) 4
11 IA
X U) U) 3 x 3
I 1 1 I I 1 1 I 1
14 04 1Y�� ..�4j CA VI
0 0. 2 N co W4) H .Y,. H .l4 1-I W N CO U H U) H )4 N
M
5
a aC V 94 Cx.) lA Cx.) Wm 0 U) U PC U U) C0.) m 00 0 Cx.) 0
W A y N 2 m 4. 2
x ccc a 0. a a 4 c4 a a D.
U CO m 0 U) t0 m CD Cr IX
En .4 m w 0 .-i .4 .-1 .y .�.4 N
CO 0 0 O 0 0 O .-1 .4 N
0
1•.
r n n r r n r r r N
44 r1 .-i .4 .I .4 .1 rl r1 .i .1
�. Cr \ n �. on a .-1 N \ .-1 �. to P
CO t0 CD tp 0 co U) .-� t0 N CD M CO cn Cr P U) V• N
W 0 .1 N -4 N N N 0 CO .-1 R) .. 4.) .4 fn ..4 f•) r. P) .1
F F \ m \ CO \ CO � M \ M \ M 0) �, M sE. 0)
4
CD 0 o 0) o M M M 0 M o M o M 0 os .4 M .-1 M N
a 0 a .. a .1 4% rl a .. C .4 a .-. a ..
O 0 0 U U U U U U U
W
0 M t0 .4 M M t0 r- P) N CD
0 U) co co CD N U) in O t0 t0
U U) U) N on .p VD .D 01
") M
OD F > 0 S pv 3 v 3 a 3 yr 3 c3• 3 v 3 co 3 v 3 ua)
W .. N on H - M .i H .4 H .. N .4 H .i N . N .1 O H
O U. O 4. O W a 4. 0 W O W CD fit O W O W O
NI 14 ;Z o 00 0 O O O 0 o 0 O
r Cs) .4 N N N .4 0 0 o 0 0 0
5 0 .i 0 .-i 0 .-1 0 .-i N .. 0 .4 N .-1 a CV
O O 0 0 0 0 0 0 0 O O
H.-7 0 00) 01 00 0 0m CO ON N 00 0 0 e ') 00 O 0W 10 00 0
H4 0 00 0 00 0 00 0 0 V' 4 00 0 0m CO 00 0 0,111 Cl) 0.-1 .-1
N Q H • •
O Cl) 0 0 .n r') r r .-4 ut Cl) 4 a' al CO m ') C')
W H E m m h )D r N N N N r r r) '1 CO )D
0
4 U Z rn 0 0 U SO N N CO m 10 10 '0 0O Cl) to N N
J r m
a W N N N N h N m N 01 N
.-1 N N N
A.
a E
4 4
h
O
E. a: m o m N 0 r') O 1D
a 0 0 0 4 o m 9 in °
E 0 0 r U1 V. al CO M
E m r CD N N r 1') ND
U 0 )0 N CO NO CD Cl) N
>+ VD r CO 0
4 0 N N N N N
a
E
U
4 0 0 0 o 0 0 0 0 0 0
Q .r-1 .r .rV .r-1 N r N r r
W m - r,) rt r') 1n m rt 1�i 1'�j
U rt M 4'1 '1 M '1 RI in r9
0
Z
MI 4 N N t0 N )O In 4
(Cl 4 4 1'1 f e)
U r N 4'1 Cl)0 .r-1 'm) 1r4
Z m ') 01 )O 0 0 4 m O N
S5 4 m O N M f'1 l0 CO
C') C') 4 4 4 4 V' a N
W H :') .-1 P) n ') c-. m H ') H f') .-1 f') .-1 c') .-I 'i .-■
4. O .+ 0 eV 0 •-■ O ■-i 0 .-i 0 .-1 0 r1 0 ..1
W 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0 O O
M
0 0 0 0 0 0 0 O 0
H
U
H 4 0 0 0 0 O O o O 0 0
X '-r .r ■-1 ,-4 H .1 .-1 - .y H
,' co 00 0 0 0 0 0 0 0 0 0 R. 0
eV
0 0 0 0
a4.q z Z Z Z Z Z z Z z
o W 3 M V
Co 0 a r Z o a o (0 .-1 CCCD .-■ 0 .� W W .-.
Zj4 0 74 o 4 0 '4 0 4 o 444 o 4 o 0
E.CrH] °I. Z O y 0 i(LI p 2:ii4 0 U p is[+U�] o
GU7 0 2:w p is w 0 'CO 0
00 via. I C4 14 C.) WU 44 C.) WU WU c4 C.) 44 CI W E.
`°' 0 4 Z 4 0 Co Z i 6 a 0 5 a 0 a 0 4
E 3 E 3 z 3 E 3 £ 3 Z 3 E 3 Z 3 L" 3
W H E (Cl E. H N F E F E
y
U cn en en en cn
U) (I, a
o 3 3 z 3 3 z 4 3 a 3
C I I I t I 1
(4 H !� .¢ !� .YS. Y4..
T• H O i. Cn 4 z 0 .Y. W .Ti to H .Y. H
44 44
CC H .y. H
o a 1-' X H WZ. !-4 X H .Y. H �C. H 74 W
m U ai U OG J U ZU, W V zU CO W zU J4 ZZU zU
i� W CCGG cG OOGG tWG a7
Z x 4% s a a 4 ((4 f+ a a.
U 01 ON ON 01 4 AT V. tD %
rn
O N O .V H co .y ...1
4 N a 0 N N N 0 0 0 v.
d3 '-t O O O O O O O p
Q
H
r m m m m m m m m
C4 r1 H r1 .-1 .-i H H .-1 ..4
0 \ 10 \ ri \ r \ h \ O \ 0) \ O \ .� \ 1p
0) 1� O1 0 0) .y 0) N V' Q V' co 4 r 10
47 0 O) \ O) 0 ON N ON 0 01 .-1 01 .-1 01 .-■ ON .-i ON .-1 01
E.4 0 a) N 01 .-1 m .-t ON) \ 0) \ a \ ON \ 0) \ rn \ 0)
N ON N 0) N 0) r') ON t') 01 0)
0 D a: .-1 (4 0 4 0 4 0 4 0 a 0 4% 0 0 4 0 d p
U U U 0 U U U 0 U U U
W
Q m r '0 N N ,.1
O u-) c') M) '00 r--` N .-1 r- 0
U N W 01 01 V. V' h 0) O
m H > Z It) 3 UN') Z .Un 3 In 3 �A 3 N 3 U)) 3 In 3 ID
\ a (s� H .-4 H .-1 H ..Cl H .-4 H - H .-1 H .-1 H H H .1 3
0 H K. W 0 W 0 W 0 W 0 Ca 0 1.. O W O k. O W 0 1H..
U Z 0 0 0 00 0 0 o 0 0
h .3 'I N ri o
0 M O N N N H N .-I N N + N "i N
R. O O O O O o 0 p
E� 00 0
O O 0 0.-+ .-+
00% 01 00 0
O O 0 00 0
O O 0 00 0
pm m 0 r
040 W
E o
, U)
1.4 0 Cs QH • • • • 0 • H •
W C O E 0 0
0 0 N N
m m U) u
N N 0 0
A ,f) 0 O
m m 'P sr
01 01 co
0 0 .Z, N N I tf) U) m 0 0 m m .-1 r.4 U E 0
0, 0 0 .-1 0% N .-i CO N 1/40 U) 0 in
W N N 1"1 W in
Y H U
4 a
Cl, N a ,
4 4 4
h
0
N a: O .-I O o 0 ar N 0
a4 O O) O O co iD
0 0 N u a
) o o . 0 .
H V o N 0 0 N 0 m m OS
f
.-4
a 0 •"i N .4 N la 0:
N M M
A. N
H 0
U
4 0 0 0 o O o
N N N N N N
a ; .4 .4 14 .~ .4
m to U) r.) c7 U)
eta U U) M m m C')) tin 0 O•
O
O E1
z 0
r 0 W 0
CO
W 1D 1-1 C.) VN' 400 00)
U co as l•) n) on cl) V
Z O .n m 0i 0%
v .n 1D m m m
ill u) U) U) .f1 10
U) 0) .-4 P) .-1 in .-I ct .-4 a) .-1 t•) .4
Ca r4 0 - 0 .4 0 .-) 0 .-4 0 .4 0 H co
rgi 0 0
0 0 0 0 0 0 0 0 0 0 0 Z o
0 0 0 0 o O •
N 0
E 4 0 0 0 o O o
2 .-1 r1 .-1 .-1 .-1
rt0 x 0 0 0 0 0 0 x
04W 0) .-1 .4 .4 .4 ,-, .4 vl
OK V O O O O o 0 4
.-4 0
4 H 2 Z 2 Z Z Z
ww � M M g Ccl al
ON aE 0 I 4� 0 4x o 4 o 0 0 0 0 z4 0 2 N
H 4-1 O N Z ' ,W W 3 W 0 Z W O W o £W O co
.-1W E 4 a I 2 2 5 •£t 2 5 x O
V0 maa i I w0 wv 1U0 al C.) al C./ W
U 3 z 3 0 3 0 s
0 3 0 a 2 s
0
W I H E W W W W
U I 0 Cl) a] O) 0 N
0 t 2 3 3 3 3 3
I I I
Y Y al Y 3 M CO H O E. I 1 H Y H a w q U U q U a W 2 x t g 0 W al 0
2 al 43 1 al
0 1 (, w w a. w ;..,
x a a d d a a
U co .0 ,.4
H -/0 . 0 ...1 .-1 .N1
CO 0 0 .4)0 0 0
0 0 0
0
H
CO CO m CO CO CO
X ri _4 .4 .4 .-1 r-t
(4 \ N \ 0) \ .-1 \ 0) \ O \ N
Fi CO N U) N .4 V' a� fit) V' 40 N 01
W 0 O O .4 O O 0 .-4 0 .-4 0 .4 0
E H \ to \ co co \ w \ i0 \ 1/40
4 Cl) in 01 0 o 10 01 is 0% 40 0% r 01
0 a 0 U 0 a6 0 a6 0 a4 o U o 2 •-
0 0 U U U U U
al O r- O
a
0 01 4') 1.4 1D VD N 0
m E 9 U 2 sr co r r .-1 OE
3 ca 3 to 3 to
\ a4 .-I M .-1 N r.4 H .4 H .4 1-4 1.4 4-4 H
N .4 0 [a. 0 [s. 0 W 0 W 0 W 0 41 U)
\ 0 z 0 0 0 O 0 0 0
I-- W 4 N .4 N .-4 N .-1 N -4 N .I N .4 W
0 a+ 0 0 0 0 0 0 4
I
E I 0 0 0
00 0 O D %O
00 0 0 n n
00 0 co N N
00 0 0 Is N
00 0 O03 CO
ON N 0 D 0
O10 t0 0 y y
0 L tit 0 N r
On .y Or-
0r-
n OF
• •
W W O
4 E F r r
\O N N
n, 01 r1
rn rn n .4
t. r1 N It, • •
0 0 at co n n N r
N N a a
0 0
U
VD
' U Z n n @ CO 10 10 N N N Is to t) CO CO 03 03 V' er N
P4 Q a a.. sr 0 Q1 01 . 0 n . t) r, e-I . M
g 0 N •d .-4 01 .-1 01 •-■ .-1 4-4 01 n N
H �F N n v-4 1,1 n .-4 .-.1
a
04 F
04 4:
I-)
0
E Q'. 0 10 eti N N CO t0 n r N
rag. d 0 0 0 0 O N t0 V) ,-I uY
0 r N f) e-I r U, 01 r . P
E t0 fR 01 01 V1 0 r•i r 0
UW n t0 N N r) m O a N
>4 7 sr o as o ri ri ri .-r el
N 4 0 n N n n n n n
Ca, r4
.,
a
F
U
at n n n n n n n n ..I
-4 n n n _I .4 n n n
o .4 n .•1 .4
n n r4 r1 n 01 m m n n ei n 4)n •1 n 11
,.0 e. r) I' on tj r) r r •■■
0
2
W
0
([sZ�
C', 10
W U) .-I 10 n 0 n 0 n to n to 1-1 t0 n r n r n sr
4. r1 0 N 0 ■0 0 .4 0 to 0 v 0 sr 0 0 0 0 0 sr
01 O N 0 r! 0
N 0
ON 0
0 0 O 0
a' 0 1p 0
OG e-1 .-1 .-1 .-1 r•4 N N N N N MI
F
U
E 4 0 o 0 0 0 0 0 0 0
C4 n n n n n n n n n
gg 0 S 0 0 0 0 0 0 0 0 0
Wa to n ,..■ ,..I n
O R:U >v.1 0 0 0 0 0
�£7 > O n H V O~ U N 0 U 3 4 0 4-1 1-'7 0 C) 0-1 N a U U U g U W W 0 a U
W g g OH y b W Z W 0
W a W Z W n 14 n W n (.3 n W n W n W n W n
O 0 >. a E O E 0 E 0 E 0 F 0 F 0 F 0 F 0 E 0 F
E E W V)a4 o U)a4 o a a4 o CO a4 0 CO a4 0 V)a4 0 N a4 0 v)a4 0 CO aG 0 u�a4
4 U 4 0 4 0 4 U 4 0 4 U 4 0 It v yqq
FN 0>+ 2 3W 3W 3W 3W 3W 3W 3W 3W 3 3W
1-1 W E 4 .1 a a a x x x x x
0U (CO. I [.EAU 1.740 14U EC.) wFU 1E..+U E..0 F0 E.C.) qFU
U tZ E. a H P4 1- E tx E 04 F Ik F H g F [a�
C7 CC C9 0 C9 U) C9 V) C9 U) C9 a) CD 0 0 U) C9 4 CI
3 3 3 3 3 3 3 3
W 3
U F E E E F E E F >
O
W M VI' C9 C Cs C7 C? 0 C? C7
W \ W X61. W CO Ca W .tY�. W CO 4 0 CI)W W 1a�4 W G7 W
O 0. a4 co iL >4 a4 N a4 N Z H 4-1 a4 4-4 Z H Z co Z
z u yy� w
W V) N 1C U) U)
OCu C. Cu Cu Cu W Cr. Gyu r,4
a a a a a a a a a a 0.
U ON 01 01 ',Cr to a a O ,
F 4-4 0 N 0 0 n e-4 n 0 u 0
4 01 ."1 n ri N N N ? 11'1 1Q
03 0 .-1 n 0 0 0 0 0 0 0
0
H
Is r Is CO
@ CO m m co a .a n n n 4-4*} \ 01 \ t0 \ 0 �. N \ m \ .-' \ N \ M
CT 01 01 .h 01 1t, V' CD It) N C' d' a Q' 0 0) to N 1f1
W 0 n N 0 t7 N I'7 O ri 0 01 .-1 01 .-1 01 n 01 0 0 0
E E \ co \ m \ m \ ON \ 01 \ 01 \ 0 \ 01 \ 10 \
a U) ON ON ,I 01 .i 01 .-I 01 N 01 N aT N co ' 01
0 D o U n U n V 0 U 0 V 0 U 0 U 0 U 0 CZ 0
U
W
0 co N r t0 n to 10
v n m r r ra) ,o O1
U n 0) In r, t11 a ' 01 0% m
mn E. C>�7 v % N a c x INn 0G u x CO (4 inn a 0 Cx 140 a 140
o ai tx o Z 0 3 .I Z n 3 .a Z ,-I Z n Z n 3 .+ 3
C9 o CD o C9 0 C7 0 C? o C? o C7 o C9 p
N W 0 0 O O O O O O O p
\ U Z 0 0 0 0 0 0 0 0 p p
r .a N .-t N n N n N .-a N .-t N n N n N n N r1 N
0 tY. 0 0 0 0 0 0 0 0 0 0
E-.- ti a m o+ a m m ono fo E l 0 �} I m
H u) Out U) Out N O O\ O� H I O .Q; I V•
N q E Q I • E I •
w 0 .2.
•Of 01 •01 0% •m m C.� t 0 I f••
04 E H .o .a CO CO U) It t E I 10
aU Z N m m .4 .4 ` -4 0 ' . 0
a. 0 0 H m H N -I N H O 01
W H .-I HI W 0
H N
aa. H a
GI
P. 4 a
h
0
g a N a. m 0% E 0
t"O. 7.. O
0 a al m 0
.0 E
0 (0 ao-I ut
CA r-1 RC
a o � a
Oa x w
0. x
E.
E 0
0
sC .-+ Hi 4-4 .-C
O .-+ H .H .-+
VI m m m E 0
HI U m m C') m
Z o•
0
E.
z 0 0
w w
U 0
z v
6w. a . 0 N o C 0 H 0
R
F.7 O .-i 0 4-I
0
m N 0 0
t CA
H 0
U
F IC O O O O +y'
It H N 'r H
R M = a 0 0 0 x W
Hi vL S 0 o- 0 o� a 0 a 0 0 a g g
04 4
Da Z 41 0
w0 a .-I w H w H w H E m
O Z>. U o E 0 H 0 E 0 z a
>.Cl. ZF W 0 aU O GU 0 dU ° 0 N•
1H+w 04C Z =x zx Mx 4 o
UU ( P. t E.C.) HU E.
U w r w r w r w 0 U)
a 0 a 0 a CD a u
M 3 3 3
W
H .• E. F. H H
° x
C9 Ca C7 C9
• w �G W I w
>4 E Cl) Y. CI) 4 01 (0 Vt
O 0. H I H Z H X• H
P. a U Ill C)U i4 U CD U
C.)
• i I
a. a a
U to m ON
H o .-I .-I
CO N 0 0
ca
H
m to co
It .-1 HI r-+
W
CV
0 \ N \ ID \ i0
F.. 0 w a rI CO al o+
0 Cl) a N a N a 0 a ••
U U U C.) C.)
N
W
O Li, a co
0 t4 O 0 0
m E. C> pIt N 4G N. tN+ E
\
0 1-4 ai P4 C7 O C9 O +-4 g E
C7 0 C9 It
csi GI 0 Z 0 0 0 0.1 0 0 .
r a .. C4 4 N 4-4 N .-I
O W O O O W
COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Franchise Agreement") made and entered into this Z I
day of J724LV , 2017 by and between CITY OF OPA-LOCKA, FLORIDA, hereinafter to as the
"City",and 6e&4 a�j�1d �jpheremsfter referred to as"Franchisee".
ALE AZ •
Pursuant to Sections 166.021 and 403.706,Florida Statutes,and Ch. 11 of the Code of Ordinances of
the City of Opa-Locka, Florida, the City is authorized to operate a Commercial Solid Waste Management
Program within its boundaries and enter into Franchise Agreements to provide for the collection of Commercial
Solid Waste. In consideration of the premises and mutual promises and conditions contained herein, it is
mutually agreed as follows:
SECTION 1.DEFINITIONS,
For the purposes of this Franchise Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future,words in the plural number include the singular number, and words in the
singular number include the plural number.The word"shall"is always mandatory and not merely directory.
For the purposes of this Franchise Agreement,the following words shall have the following meanings:
A. "City"shall mean the City of Opa-Locks,Florida.
B. "City Commission" shall mean the mayor and four(4)commissioners elected from the City of
Opa-Locka,Florida.
C. "City Manager"shall mean the chief administrative officer of the City.The City Manager shall
be responsible to the Commission for the administration of all City affairs and for carrying out policies adopted by
the Commission.
D. "Code"shall mean the Code of the City of Opa-Locka,Florida as may be amended from time to
time.
E. "Commercial account" means any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other
than residential unit including the collection and disposal of construction and demolition debris.
F. "Commercial Business or Establishment"means and includes all retail,professional,wholesale
and industrial facilities,governmental and quasi-governmental establishments and any other commercial enterprises,
for profit or not for profit,offering goods or services to the public.
G. "Commercial Property" means any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other
than residential unit.
H. "Commercial Solid Waste"means every waste accumulation,including but not limited to,dust,
paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable material,
(excluding recovered materials at commercial establishments as defined by Section 403.703 of the Florida
Statutes) garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant to the
operations of commercial business or establishment or commercial property.
1
1. "Commercial Solid Waste Service" means the collection and disposal of garbage, trash,
recycling.construction and demolition debris,solid and process waste for all commercial accounts.
J. "Compacting Services"means all equipment,processes or methods by which waste is reduced
in size or volume for disposal, including any packaging thereof, and includes, without limitation, rental fees,
maintenance fees,set-up fees or any other charges associated with such services. Rates for customers utilizing
compaction services of any type, whether through traditional solid waste equipment or any other mechanical
means, shall be considered and billed to customers in accordance with "compaction rates" as referenced in
Exhibit B to this agreement
K. "Construction and Demolition Debris"means materials generally considered to be not water
soluble and nonhanudous in nature,including,but not limited to,steel,glass,brick,concrete,asphalt roofing
material,pipe,gypsum wallboard,and lumber,from the construction or destruction of a structure as part of a
construction or demolition project,and including rocks,soils,tree remains,trees,and other vegetative matter which
normally results from land clearing or land development operations for a construction project,including such debris
from construction of structures at a site remote from the construction or demolition project site.
L. "Franchise Agreement"means an exclusive agreement,and all subsequent extensions or
amendments thereof,between the City and a qualified firm to provide commercial solid waste services within the
City.
M. "Franchise Fees"shall apply to commercial accounts and include,but not be limited to,a
percentage of gross revenue received,various use-time fees and temporary mli-offkontainer permit fee(s).
N. "Gross Revenue Received"means all monies resulting from all transactions and activities,within
the city, in the Franchisee's regular course of business and trade including garbage, industrial, solid waste, used
cooking oil waste, environmental charges and fires, containerized waste, equipment rental and leasing. fuel
surcharge,construction and demolition debris,roofing materials,trash,litter,maintenance,compactors,refuse and/or
nebbish collection removal and disposal services rendered, band bag collection, recycling, (excluding recovered
materials at commercial establishments as defined by Section 403,703 of the Florida Statutes) or from any other
source related directly or indirectly from waste collection services,including,but not limited to,all income derived
from leasing and renting of real or tangible personal property, the use of dump trucks, rapping trucks, roll-off
trucks, trailers, roll-offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers,
bagmen, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the
Franchisee,exclusive of taxes as provided by law sad franchise fees to the City dim wider this Agreement,whether
wholly or partially collected within the city and less bad debts.Gross revenue received shalt not include income
derived from the transportation,storage,treatment,collection,and removal of biomedical,biological,or hazardous
waste as herein defined.
O. "Ibizankses waste" means solid waste,or a combination of solid wastes,which,because of its
quantity,concentration,or physical,chemical,or infectious characteristics,may came,or significantly contribute to,
an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a
substantial present or potential hazard to human health or the environment when improperly transported,disposed of,
stored, treated,or otherwise managed. The term does not include human remains that are disposed of by persons
licensed under chapter 497 of Florida Statute.
P. "Public records" means all documents, papers, letters,maps, books, tapes,photographs, films,
sound recordings,data processing software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of
official business by the City.
2
Q. "Recovered Materials" means, as defined by Section 403.703 of the Florida Statutes, metal,
paper,glass,plastic,textile,or rubber materials that have known recycling potential,can be feasibly recycled,and
have been diverted and source separated or have been removed from the solid waste stream for sale,use,or reuse as
raw materials,whether or not the materials require subsequent processing or separation freers each other,but does not
include materials destined for any use that constitutes disposal.
R "Roll-off or Construction Dumpster"means an approved open metal container without wheels,
with capacity up to forty(40)cubic yards,used at construction sites for the purpose of removing construction and
demolition debris,which includes rock,metal and other materials which are heavy in weight or substantial in size,
used in connection with a construction and/or demolition project.
S. "Solid Waste"means sludge wa+egulated under the federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works,water supply treatment plant,or air pollution control facility,or garbage,trash,
waste,special waste,or other discarded material, including solid, liquid,semisolid,or contained gaseous material
resulting from domestic,industrial,commercial,mining,agricultural,or governmental mss.
T. "Source Separated"means recovered materials that are separated from solid waste at the location
where the recovered materials and solid waste are generated. The tarn does not require that various types of
recovered materials be separated from each other, and recognizes de minimis solid waste, in accordance with
industry standards and practices, may be included in the recovered materials.Materials are not considered source
separated when two (2) or more types of recovered materials are deposited in combination with each other in a
commercial collection container located where the materials are generated and when such materials contain more
than ten(10)percent waste by volume or weight;said materials will be considered solid waste.For purposes of this
Franchise Agreement,the term"various types of recovered materials"means metals,paper,glass, plastic,textiles,
and rubber.
Any other Words or Terms used herein which are not defined in this Section shall have their normal
dictionary meaning and customary usage unless such terms are defined in City Code,in which case they shall have
the meaning set forth therein.
SEE11211.1....GBATSIDEIZADLCULTE
A. The City and Franchisee mutually agree, as a material consideration for this Franchise
Agreement that only two (2) franchises shall be awarded for Commercial Solid Waste Services in the City.
Franchisee is hereby granted a franchise, including every right and privilege appertaining thereto (except as
otherwise limited by the Code, and/or by present or future Federal, State and County ordinances and laws), to
operate and maintain a Commercial Solid Waste Service, in accordance with this Franchise Agreement and as
permitted wader the Code, in,upon,over,and across the present and future streets,alleys,bridges,easements and
other public rights-of-way, property(ies), and/for facility(ies) within the limits of the City, for the purpose of
collecting and disposing of Commercial Solid Waste, generated by the citizens, residents, inhabitants, business
enterprises,and other entities therein.Except for Recovered Materials otherwise provided for pursuant to the Code,
and/or by present or future Federal,State or County ordinances and laws,Franchisee is hereby granted title to all of
such Cornmercial Solid Waste generated within said bodes,insofar as the City can establish its legal right to
make such grant of title.
B. The City hereby issues a Imited, run-exclusive franchise to Franchisee to engage in a
Commercial Solid Waste Service within the City and to service Commercial Businesses or Establishments by
collecting Commercial Solid Waste in accordance with the provisions of the Code,City ordinances,this Franchise
Agreement and the rules and regulations of the City applicable to the collection of Commercial Solid Waste. The
franchise includes the furnishing and servicing of all Roll-off or Construction Dumpsters,whether designated as
temporary or permanent, to include construction and demolition debris.Moreover,this franchise shall include the
collection and disposal of construction and demolition debris in residential properties of less than five(5)units.
3
C. Franchisee shall be permitted to collect Commercial Solid Waste from Commercial Businesses or
Establishments within the City.All with relative to the collections contemplated in this Franchise Agreement shall
be performed as scheduled in a workman-hie manner. Upon completing each collection permitted hereunder,
Franchisee shall properly replace all dumpsters and containers and leave the premises so serviced in a litter-free and
sanitary condition.City shall use its municipal authority to mere that all customers contract sufficient service levels
such that all of the customer's Commercial Solid Waste is properly contained within the Franchisee's containers
placed at the customers'properties,whereby the container lids are able to close completely,flush with the top of the
container.
D. Franchisee shall be required to have valid vehicle permits for each collection vehicle. Each
vehicle shall display said permit in a prominent and easily visible location.All vehicles shall be properly inspected
by the appropriate governmental agencies.As necessary,the Public Works Department may inspect all vehicles for
safety,cleanliness and proper licensing,etc.Each vehicle operated within the City shall be conspicuously narked on
both sides of the vehicle in stenciled letters in an area of not less than thirty(30)inches by fourteen(14)inches with
the fallowing information:
Top line:City of Opa-Locka,license number'4100X5(pj
Second line:The Franchisee's name. 440-e $i 1ST "la O(hi 4 ,'17`4 G1d
All markings shall be approved by the public works department of the city.
E. If the City determines that Franchisee has failed to comply with any of the provisions of this
section,it shall notify Franchisee,in writing by certified mail,and demand that Franchisee cause the violation to be
remedied within the prescribed time. If the violation has not been remedied within the prescribed time(which shall
be no less than thirty(30)days),the(Sty Manager may commence proceedings to revoke the franchise of Franchisee
in accordance with the applicable City Ordinance and terms of thisFranchise Agreement
F. The collection of commercial Recovered Materials shall not be exclusive to the Franchisee.The
collection, transport, and disposal of Recovered Materials for recycling from Commercial Businesses or
Establishments shall be an`open market"and non-exclusive to the Franchisee.However, all loads of Recovered
Materials must be Source Separated.
$$CTION 3. GEOGRAPHICAL LIMITS OF THE FRANCHISE
The area covered by this franchise is the area within the City limits,as they are now located and any areas
which may at some future time be incorporated into the City.Franchisee agrees that the limits of the franchise are
subject to expansion or reduction by annexation and contraction of municipal boundaries and that Franchisee has no
vested right in a specific area.
Areas within the geographical boundaries of the Opa-locka Airport shall be excluded from this Franchise
Agreement
,SECTION 4.TERM
The Franchise Agreement is granted for period of one(1)year subject to the provisions of Section 11-76 of
the Code,commencing on the 4;j1'1" day of.vw , 2017,and terminating on the 1 s` day of
2018,unless earlier terminated as a result of the failure of the Franchisee to comply with the Code and this ranchise
Agreement to provide effective and efficient service,(Initial Term).The Franchisee and City may mutually agree to
renew the Franchise Agreement on the same terms and conditions as may be modified and mutually agreed to, for a
period of one(1)additional year.
.11111 • • . • J . ►in , ' :r : r ► : .. l: .,l'►u-
4
A. Franchisee shall comply with the following reporting requirements:
1. Commencing thirty (30) days after the date of the issuance of this Franchise Agreement and
continuing monthly thereafter on the same day of each and every month,Franchisee shall file with the City Manager,
on forms approved by the City,a report under oath designating the names and addresses of the Commercial Accounts
serviced by Franchisee in the City for the preceding month together with the monthly Gross Revenue Received from
each Commercial Account All reports provided by Franchisee shall be subject to random audits by the City.
Franchisee shall immediately notify the City in writing of any necessary adjustments to its monthly report, which
adjustments shall be made within twenty(20)days of written notice.
2. Commencing thirty (30) days afar the date of the issuance of this Franchise Agreement,
•
Franchisee shall file with the City Manager, on forms approved by the City, a monthly report indicating every
Commercial Account acquired by Franchisee for service in the preceding month together with the contract amount(s)
for such service.
3. Within thirty(30)days of the close of Franchisee's fiscal year,but no later than February I 51 of
each year, Franchisee shall file with the City Manager,on forms approved by the City, a report of Franchisee's
annual Gross Revenue Received from Commercial Solid Waste Services performed within the City for the preceding
fiscal year,certified by an independent certified public accountant
B. Franchisee shall pay thefollowing:
I. On an annual basis the Franchisee shall pay to the City the sum of$4,167.00,for the right to be
one of two non-exclusive franchisees for Commercial Solid Waste Service within the City.
2. On a monthly basis, and simultaneous with the filing of each monthly report required above,
Franchisee shall pay to the City a sum equal to twenty-eight(28)percent of the monthly Gross Revenue Received,as
reflected on each such monthly report
3. On an annual basis, the Franchisee shall pay a the of one hundred dollars ($100.00) for each
permanent Commercial Account contracted for Commercial Solid Waste Services. The permit per account fee may
be charged as a pass through to the customer and not included in Gross Revenue Received.
4. The City shall also be entitled to annual occupational license fees from the Franchisee,inspection
fees, and liquidated compensatory damages for such accounts as the city may have had to service or caused to be
serviced by Franchisee
5. On a quarterly basis,and simultaneous with the filing of its monthly report above,Franchisee shall
pay the City a seventy-five dollar ($75.00) permit fee for every ninety (90) days for any and all construction
dumpster or roll-off accounts. The 90-day permit fee may be charged as a pass through to the customer and not
included in Gross Revenue Received.
6. On an annual basis, and simultaneous with the filing of its report of annual Gross Revenue
Received,Franchisee shall pay to the City an amount equal to one-quarter-of-one-percent(1/4%)of its annual Gross
Revenue Received,to be applied by the City for auditing of the Commercial Solid Waste Service.This annual audit
fee shall be exclusive of, and in addition to, the fox based upon Franchisee's monthly Gross Revenue Received
above. The means,method,and operation of this program shall be determined and implemented in the City's sole
and reasonable discretion.
SECTION 6. SANICRIJPT -Y OR INSO .V .NCY
If Franchisee becomes insolvent, this franchise shall terminate. If Franchisee files a petition of voluntary
5
bankruptcy,or in the event of involuntary bankruptcy,this Franchise Agreement shall terminate no later than the
date of filing of the bankruptcy petition.
SECTIO111-INDMINIELCATIORASIIINELLILINCE
A. Indemnification. Franchisee hereby agrees to indemnify, hold harmless, and defend the
City,its officers,employees,agents,and contractors against,and assumes all liability for,any and all claims,suits.
actions,damages, liabilities, expenditures, or causes of action,of any kind, arising from Franchisee's, and/or its
officers', employees', agents', and contractors' activities and for the use of the public streets and/or other City
property or rights-of-way,for the purposes authorized in this franchise and in the Code,and crafting or accruing
from any negligence,wrongful act,omission,or error of the Franchisee,and/or its officers,agents,employees,and
contractors.and/or arising from the failure or Franchisee to comply with each and every covenant of this franchise,
or with the Code,or with any other Federal,State,County and/or City ord s nce, law,or regulation applicable to
Franchisee's activities,resulting in or relating to bodily injury,loss of life or limb,or damage to property sustained
by any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to bold City, its
officers,employees,agents and contractors,harmless from and against all judgments,orders,decrees,attorney's fees,
costs,expenses and liabilities incurred in and resulting from any such claim,investigation,or defense thereat which
may be entered, incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense, any legal action,claim or proceeding instituted by any person against the City, its officers, employees,
agents or contractors, as a result of any cl aim, suit, or cause of action accruing from activities conducted by
Franchisee authorized in this franchise, for injuries to body, limb,or property as set forth above. This Indemnity
from Franchisee shall not apply to and shall exclude any Claims resulting or arising from the negligence or wrongful
acts of the City or customers of Franchisee under thisFranchise Agreement.
B. Franchisee Insurance. Before actually commencing business, Franchisee shall obtain the
following insurance from a firm with a minimum rating of"A3"from Moody's Investor Service and shall furnish the
original liability policy to the City Clerk with a certificate of insurance for all policies written in Franchisee's name.
This certificate shall provide that the policies contain an endorsement requiring that the City shall be furnished,
within ten(10)days, written notice by registered mail prior to cancellation or material change in any policy. The
sufficiency of the insurance shall be certified by the City Manager prior to commencing business. Termination of
insurance coverage shall automatically terminate the right of Franchisee to operate within the City.
l. Worker's Compensation: Franchisee shall carry,with a company authorized under the laws of
the State of Florida, a policy to protect against liability under the workmen's compensation and occupational
diseases statutes of the State of Florida.
2. Automobile Liability Insurance: Franchisee shall carry, in its own name, a comprehensive
policy to insure the entire automobile liability of operations with limits not less than one hundred thousand
dollars($100,000.00)each person and three hundred thousand dollars($300,000.00)each accident bodily injury
liability, and fifty thousand dollars ($50,000.00) 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:Franchisee shall carry,in his own name,a comprehensive liability policy for
operations other than automobile with limits of at least one hundred thousand dollars($100,000.00) for each
person and three hundred thousand dollars ($300,000.00) for each accident bodily injury liability, and fifty
thousand dollars($50,000.00)each accident for property damage liability.
4. Umbrella Liability. In addition to the above limits, the Franchisee shall provide at least a
$1,000,000 umbrella or excess liability insurance policy.
5. Liability of the City. The above insurance requirements shall not be construed as imposing
upon the City, or any official or employee thereof, any liability or responsibility for damages to any person
injured,or any property damaged,by Franchisee
SECTION S. REVOCATION OF FRANCHISE
Failure on the part of Franchisee to comply in any material way with the provisions of the Franchise
6
Agreement or the Code,or other Applicable Laws shall be grounds for revocation or termination of the franchise,
which termination shall be in accordance with the Code,and shall be effective upon written notice to Franchisee.
Prior to any revocation under this section,the City shall provide Franchisee written notice of the non-compliance
and a thirty(30)day period to cure any such non-compliance.
,SECTION 9. REPORTING: ACCOUNTING:AUDIT
Franchisee shall keep an accurate set of books and records in accordance with general accounting
principles,reflecting the Gross Revenue Received derived under and pursuant to the franchise rights granted herein.
The City shall have the right with reasonable notice to audit Franchisee's books and records as provided in this
Franchise Agreement and the Code.
,�.[TION 10. COLLECTION ROUIIPMENt
Franchisee shall have on hand, at all times during the term of the franchise, sufficient personnel and
equipment to permit Franchisee to fully, adequately, and efficiently perform its duties hereunder. Collection
equipment shall be kept clean, sanitary, neat in appearance, and in good repair and working order at all times.
Franchisee shall at all times have available to it reserve equipment,which can be put into service and operation
within two(2)hours of any breakdown.Such reserve equipment shall substantially correspond in size and capability
to the equipment normally used by Franchisee to perform its duties hereunder.
SECTION 11.DISPOSAL
All Commercial Solid Waste shall be hauled to sites or facilities legally empowered to accept it for
treatment or disposal
, ,CTION 12. COLLECTION SERVICES AND OPERATIONS
Franchisee's procedures for collection of Commercial Solid Waste shall be in keeping with all provisions of
the Code and other Applicable Laws.
arts♦ yin . . r t r, .
In case of an unusually severe storm,and/or other extreme acts of weather(including,without limitation,
tropical storms,tropical depressions,hurricanes,floods,tornadoes,etc.)or disruption caused by other emergencies
not caused by Franchisee,the City Manager may grant Franchisee reasonable variance from its regular schedules.As
soon as practicable after such storm, act of weather,or other emergency, Franchisee shall inform the City of the
estimated time required before regular schedules and mutes can be resumed and,upon request of the City Manager
and in such form as determined by the City Manager.Franchisee shall provide notice of same to its Commercial
Account clients in the franchise area.
,SF.(TIQN 14. NON-WAIVE1
The failure by the City or Franchisee at any time to require performance from the other party of any
provision hereof,or of any other Applicable Laws,shall not in any respect limit,prejudice,diminish,or constitute a
waiver of any rights by the City or Franchisee as applicable thereafter to enforce same,nor shall waiver by the City
or Franchisee of any breach of any provision of the Franchise Agreement,or of any other Applicable Laws,be taken
or held to be a waiver of the City or Franchisee's rights as applicable to enforce or take action against any such
succeeding breach(or such provision),or as waiver of any provision itself.
.N r. alas k r + , ,' r • r . . r ; .r tr • r; . Mil
WITH CUSTOMERS
A. In the event that a dispute arises between the City and Franchisee in any way relating to this
franchise, including performance or compensation hereunder, Franchisee shall continue to perform hereunder and to
render service in full compliance with all terms and conditions of the Franchise Agreement,regardless of the nature of
7
the dispute.Franchisee expressly recognizes the paramount right and duty of the City to provide adequate Commercial
Solid Waste Service as a necessary governmental function,and farther agrees,as consideration for the City's approval
and execution of this Franchise Agreement that,in the event of a dispute,said Franchisee shall not cease performance
or stop service during the pendency of any such dispute.
B. The Franchisee shall contract directly with Commercial Businesses or Establishments in the City for
Commercial Solid Waste Service subject to the terms and conditions of this Franchise Agreement,the Code,and the
rate schedules established by the City.All charges shall be billed directly by Franchisee to the Commercial Business
or Establishment,which shall pay Franchisee directly.The City has established by ordinance minimum rate schedules
for services under this Franchise Agreement,as set forth in Exhibit B to this Franchise Agreement. In the event of a
default by a Commercial Business or Establishment,Franchisee shall have all rights and remedies under the contract
and Florida law, including the tight to stop all services to a Commercial Business or Establishment after failure to
make payments under the contract for thirty(30)days.
SECTION 1b. CUSTOMRA COMPLAINTS
In the event the City receives any customer complaints relating to the services rendered by Franchisee,said
complaint shall be forwarded to Franchisee who shall have ten(10)days from receipt thereof to resolve the matter
with the customer.If the matter is not resolved,Franchisee shall,within five(5)days thereafter,deliver to the City
Manager a report of the status of the complaint,its efforts to resolve the complaint,and why the complaint has not
been resolved.
sr. N I •. • e . : U r \• • . . ' • , .`1 . . . „ h o ts
A. In the event charges for services are not paid within thirty (30) days after billing, notice of
delinquent payment shall be mailed by regular mail to the Commercial Property benefited by such service,to the
attention of the owner or tenant thereof.All delinquent garbage,waste,and trash fees shall bear interest from the
date of delinquency at a rate of eighteen(18) percent per annum of the amount of the delinquency. Failure to
receive payment in full within ten(10)days thereafter shall authorize the franchisee to discontinue service and
pursue other legal remedies for collection. Any person who disputes the amount of imposition of any trash or
illegal dumping fee shall have the right of appeal,in accordance with the Code.
B. In the event a Commercial Business or Establishment terminates Franchisee's Commercial Solid
Waste Service,or fails to pay for the Commercial Solid Waste Service,and its Commercial Solid Waste Service
is stopped by Franchisee.Franchisee shall notify the City in writing within five(5)days of the termination., The
City agrees not to issue any occupational,occupancy,or other permits or licenses necessary to engage in business '
in the City without proof from the Commercial Business or Establishment of a valid contract for Commercial
Solid Waste Service. Franchisee agrees that it shall not knowingly contract with any Commercial Business or
Establishment that does not have all necessary permits and/or licenses from the City for operation of its business,
and shall notify the City within ten (10) days of acquiring knowledge that any Commercial Business or
Establishment has failed to procure any necessary permit and/or license.
' e+ft . : Ass' • VII • , . a -. . V :r;
The City owns the facilities listed in Exhibit A to this Franchise Agreement. The Code allows Franchisee
to collect Commercial Solid Waste from Commercial Businesses and Establishments in the City. In-kind services
solely to City facilities set forth herein shall be provided free of charge,and the work will be divided equally(as
measured by cubic yards)by the two(2)franchise holders permitted to collect Commercial Solid Waste from in the
City. To the extent that the franchise holders cannot agree on a distribution of obligations under this section, the
parties shall submit in writing their support for their position to the City Manager.The City Manager's determination
on this issue shall be binding.
SECTION 19. FORCE bIAJEU1
The performance by the City and/or Franchisee shall be temporarily excused during such time as such party
is hindered or prevented from performing under the Franchise Agreement due to acts of God,the elements, war,
insurrection,riot,rebellion,strikes or lockouts(unless solely restricted to employees of the City or Franchisee),and
other causes beyond the party's reasonable control.
8
,SECTION 20. INVALIDITY-NO RIGHT OF ACTION
If this Franchise Agreement,or any provision thereof; is found to be invalid or unconstitutional by any
court of competent jm isdiction,or if Franchisee is prevented from exercising its rights hereunder by present or firtare
Federal,State,or County ordinances or laws,and Franchisee's rights under this franchise are materially impaired
thereby,Franchisee shall have no claim or cause of action against the City.The City and Franchisee agree to take all
reasonable and necessary action to modify,amend,or reform the Franchise Agreement so as to cure any invalidity or
unenforceability of this Franchise Agreement or any provision thereof
$EC^.T ION 21. POWER TO REGULATE STREETS
Nothing in this Franchise Agreement shall be construed as a surrender by the City of its right or power to
pass ordinances regulating the use of its streets and/or other public rights-of-way,and/or public properties,and/or
facilities.
SECTION 22. ACCEPTANCE OF FRANCHISE
This Franchise Agreement shall he filed with City perk and shall be binding upon execution of the
Franchise Agreement by the City and Franchisee.
SECTI011usionatimakvadmaxcusurarma
This Franchise Agreement shall be governed by,and coned in accordance with,the Laws of the State of
Florida,both substantive and remedial,without regard to principles of conflict of laws.The exclusive venue for any
litigation arising out of this Franchise Agreement shall be in the Circuit Court of Miami-Dade County,Florida.
BY ENTERING INTO THIS FRANCHISE AGREEMENT, CITY AND FRANCHISEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO,OR ARISING OUT OF,THIS FRANCHISE AGREEMENT.
,SECTION 24. NOTICE,
All notices and communications in writing required or permitted hereunder may be delivered personally,by
fax, or e-mail, to the representatives of the Franchisee and the City listed below,or may be mailed by registered
mail,postage prepaid.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO FRANCHISEE: C%iei.*r keferf-"NO I t4Ss/Nq ✓il•"ed.
305/N,lie/.nqr-49-t,eii
0/4t L4**a* e-k. *a0
0049"Yee "4 4 4'
TO CITY: City of Opa-Locka
780 Fisherman Street
Opa-Locka,Florida 33054
City Manager. Yvette Harrell
WITH COPIES TO: Vincent T.Brown,Esq.
City Attorney
City of Opa-Locka
780 Fisherman Street,4th Floor
Opa-Locks,Florida 33054
9
Notices are deemed delivered or given,and become effective,upon mailing if mailed to an address as
set forth above.
SECTION 25 FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes,Franchisee shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform theservioe.
(b) Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records,and at a cost that does not exceed the cost provided by law.
(c) Ensure that public records that are exempt from public records disclosure requirements are not
disclosed,except as authorized by law.
(d) Meet all requirements for retaining public records,and transfer to the City,at no cost to the City,
all public records created, received, maintained, and/or directly related to the performance of this Franchise
Agreement that are in the possession of Franchisee upon termination of this Franchise Agreement. Upon termination
of this Franchise Agreement, Franchisee shall destroy any duplicate public records that are exempt from public
records disclosure requirements. All electronically stored records must be provided to the City in a format that is
compatible with the information technology system of the City.
Franchisee's failure to comply with the public records disclosure requirement set forth in Section
119.0701 of the Florida Statutes shall be a breach of this Franchise Agreement,and the City may,in its sole
discretion,avail itself of the remedies set forth under this Franchise Agreement and available at law.
5CTION 26. ASSIGNMENT
The rights herein granted to Franchisee, and any licenses granted to Franchisee by the City,shall not be
assigned by Franchisee except with the express prior written approval of the City Commission. In the event of
such assignment, Franchisee shall cause its assignee to execute a Franchise Agreement,subject to the approval
of the City Manager,evidencing that such assignee accepts the assignment subject to any and all terms,conditions,
and limitations imposed hereby, and which acceptance shall include an affirmative statement evidencing such
assignee's intent to fulfill the obligations imposed upon Franchisee herein.Notwithstanding the City's approval of
the assignment, sad assignee's acceptance, Franchisee shall guarantee the performance of its assignee, and such
assignment shall always be with full recourse to Franchisee.
SECTION 27. H ZARDO IS W ST .
Franchisee shall not be obligated to collect or dispose of any Hazardous Waste as defined in this Franchise
Agreement and under Applicable Laws.
SECTION 28. CITY RATES AND NOTICE 01 COUNTY DISPOSAL RATES
The City shall establish the monthly rate schedules for service of all Commercial Accounts in the City,
which established rates shall be binding, upon mutual consent,on Franchisee. Except for the obligation to comply
with the City's established rate schedule, Franchisee shall be entitled to contract for Commercial Solid Waste
Services with Commercial Businesses and Establishments as provided in Section 15 of this Franchise Agreement.
The rate schedule established by the City ("City Rates") shall be as set forth in Exhibit "B" to this Franchise
Agreement. City and Franchisee understand and agree that certain types of waste are unsafe, unsuitable, or
otherwise inappropriate for customary solid waste dumpster type containers(typically ranging from 1-8 cubic yards,)
and therefore Franchisee shall have the right to require customers generating such waste types to utilize either rolloff
or rolloff compactor services and customer shall then pay the rates for such services as set forth and in accordance
with Exhibit B. Such waste types requiring rolloff or rolloff compactor service include but are not limited to:
construction and demolition debris,wood,vegetation,tile,marble,granite,building materials,rocks,dirt,window or
10
automobile glass,rags,and larger amounts of other materials such as outdated products,spoiled foods,eta than are
normal or customary for regular day to operations.City shall have the right to monitor Franchisee in the event that a
Customer objects to Franchisee's requirement that a Customer use either a runoff or rolloff compactor to insure that
such request by Franchisee is reasonable.
Franchisee agrees to provide the City with copies of the disposal rates ("County Disposal Rates")
established by Miami-Dade County ("County") within fifteen (15) days of receipt by Franchisee of the County
Disposal Rates. Franchisee shall notify its Customers in writing within thirty(30)days of receipt of the County
Disposal Rates. The City Rates set forth in Exhibit B shall be adjusted by the same percentage increase of any
increases in the County Disposal Rates and such rate increase shall be payable by customers from the day of any rate
increase in the County Disposal Rates in addition to and separately from the City Rates.
,$Fd 7 JON 29. DEFAULT
In the event of a default by any party hereto and such default continues for thirty(30)days after written notice to cure,
the other non-defaulting party shall be entitled to all rights and remedies under Florida Law to enforce its rights under
this Franchise Agreement.
SECTION 30. PERFORMANCE BOND
Franchisee shall furnish to the City an irrevocable~annually renewable,Performance Bond for the faithful
performance under the Franchise Agreement by Franchisee including timely payment of Franchise Fees. The
Performance Bond shall be subject to the approval of the City, and shall be issued by a surety company that is
acceptable to the City.At a minimum,the surety company shall be rated"A"or better as to management and"FSC
X"or better as to strength by A.M.Best's Insurance Reports,and shall be listed on the U.S.Treasury Department's
list of acceptable sureties for federal bonds.The surety shall have been in business with a record of successful and
continuous operation for at least five(5)years.The Performance Bond shall:(a)contain any provisions required by
Applicable Law; (b) guarantee the performance of all duties and obligations of Franchisee under the Franchise
Agreement;and(c)not be canceled or altered without at least thirty (30) calendar days prior notice to the City.
Franchisee shall finish the Performance Bond to the City at least five(5)calendar days before the commencement
of this Franchise Agreement The Performance Bond shall be maintained in full force and effect at all times during
the term of this Franchise Agreement
The Performance Bond shall be in the amount of Two Hundred and Fifty Thousand Dollars
(S250,000.00).Maintenance of the Performance Bond and the performance by Franchisee of all of the obligations
under this section shall not relieve Franchisee of liability under the Default and Revocation provisions set forth in
this Franchise Agreement,or from any other liability resulting from any breach of this Franchise Agreement.The
Performance Bond may be "called" and used if there is any default or breach of this Franchise Agreement by
Franchisee.Calling or using the Performance Bond shall not restrict or preclude the use of any additional or other
remedies available to the City against Franchisee for breach, default,or damages.
In the event of a strike of the employees of Franchisee, or any other labor dispute which makes
performance of this Franchise Agreement by Franchisee substantially impossible,the City shall have the right
to call the Performance Bond three(3)days after giving notice to Franchisee,and may engage another entity to
provide necessary Commercial Solid Waste Services until such time as Franchisee may resume its operations.
REMAINING PAGE LEFT BLANK 1NENTIONALLY
11
IN WITNESS WHEREOF, . - ;yes of the City and Franchisee have caused their signatures
to be affixed hereto on the day,mo,,' e indicated on the first page of this Franchise Agreement.
WITNESS: 40A >E ,moo IQ,Ge�1CG✓�.�isr�f
By aileA /'
_ By
Print Name:/V 11-1i91 '° 4l11107.- Print Name: LO )%&/i✓,O/Vit'/�, A.04d,M
Titk:President
WITNESS: CITY OFOPA-LOCKA
By: !��
By:� ,,�,/./ aAllte
Print Name: •._• _ . . ' •.. .• ' ame:Yvette Harrell
Title: City Manager
A i Approved as to form and legal sufficiency
J. , •f .res,City Clerk Brown Law Group,LLC,City Attorney
Vincent T.Brown
01Ic s kOli
Date
12
STATE OF FLORIDA )
)
ss COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this
01 day of 3sii , 2017, by 00k'0 (1t'1 C c lrk•
drYl of &ireril L C tMeige+0r,'9,mi'd' Led,who
is personally known to me or who produced t.�-
as identification,and -. . ,•. i . ,t]take an oath.
Ail
.i..t/
JENNIFER A MELENDEZ
14D MY LION•000114417 • • ; ! ,
, iC S• l
EXPIRES X21•u� Print ame: OM l�,l�
My Commission Expires: 090/
STATE OF FLORIDA )
)
ss COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this
day of'T...,l j , 2017, by y■.e We Kp,rrc It ,
as
C. Mn...,a q. y- of Cf. ag cco-\ockco. who
is personally known tome or who produced
as identification,and did [did not]take an oath.
kievite,1/4—Ci>. --30A.M.enlan-
. Notary PuelitSuiN Notary Public.,-State of Florida
• kw orir� Print Name: S�ne.r..e..,�. l-.�' ,�
a' "`" a My Commission Expires: \‘\Zb, �
13
•
•
I ; I ; •
•
•
r .•. • •
•
1/1"141114"44,44=0600=01•11110MW HOMO,•
daft
tr IMMIN MOM
Nhcf,
MB
.4•141. 1 11111116111111111111
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
(it
•
•
DA Rit 24/40/7
it I A\ I
•
•
•
•
Woburn Commerds1 Sold Waste Stoke Rata Sheet
! ' I • •
I OW*, wads _.. Mahe
. • _ 1
1 L . •
«"` •El _T i ri?INET itt rT7:IEI r.jElsE_:L1E11111:?7
Ej _111111111111111El1°T2]FN ][U:J A IFIE,77.11 Elm",'T'..11 EMU.:?3E TA
!i 11111111111110.!TAEIFT-T-lEZiMI11 ]E X7Elt";T'1E1111=1 •
ElF=I E>F* F771 E I: -7 E 11Z?.A I IIF E
°`'E ms]E E7 E]E r`7 X.K= E l
• �7 E Tel E;F��'7 F�[T.�?7E���'T�]
Mists sot amitil K - .,.
•
•
•
•
CUnklast Item
•
; C.7..7 al t,All rr'Ct .17 l . L . . 77 -'v r". r L ��T��" ' I ' Y.?Z„ i+r . w._ F":_"" ft'nom
EI711"771 EIF=IV! ?' _ 7 77'4 • "' 'T►�_
`_ 1 �1;_. �. — — •_ / .. _.11 '.'. 1 ._sass I
•
•
_ .rivl 7'1 A'L
Or : 77/z//z°,17
01 ,1\ 411
•
•
COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT
FRANCHISE AGREEMENT ("Franchise Agreement") made and entered into this .11 Sf
day of 2017 by and between CITY OF OPA-LOCKA, FLORIDA, hereinafter to as the
"City",and Jill hereinafter referred to as"Franchisee".
D4
Pursuant to Sections 166.021 and 403.706,Florida Statutes,and Ch. 11 of the Code of Ordinances of
the City of Opa-Locks, Florida, the City is authorized to operate a Commercial Solid Waste Management
Program within its boundaries and enter into Franchise Agreements to provide for the collection of Commercial
Solid Waste. In consideration of the premises and mutual promises and conditions contained herein, it is
mutually agreed as follows:
.(PION L DEFINITIONS,
For the purposes of this Franchise Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and words in the
singular number include the plural number.The word"shall"is always mandatory and not merely directory.
For the purposes of this Franchise Agreement,the following words shall have the following meanings:
A. "City"shall mean the City of Opa-Locka,Florida.
B. "City Commission"shall mean the mayor and four(4)commissioners elected from the City of
Opa-Locka,Florida.
C. "Cky Manager"shall mean the chief administrative officer of the City.The City Manager shall
be responsible to the Commission for the administration of all City affairs and for carrying out policies adopted by
the Commission.
D. "Code"shall mean the Code of the City of Opa-Locka,Florida as may be amended from time to
time.
E. "Commercial account" means any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildngs and any other commercial business or establishment of any nature or kind whatsoever other
than residential unit including the collection and disposal of construction and demolition debris.
F. "Commercial Business or Establishment"means and includes all retail,professional,wholesale
and industrial facilities,governmental and quasi-governmental establishments and any other commercial enterprises,
for profit or not for profit,offering goods or services to the public.
G. "Commercial Property" means any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildings and any other commercial business or establishment of any nature or kind whatsoever other
than residential unit.
H. "Commercial Solid Waste"means every waste accumulation, including but not limited to,dust,
paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable material,
(excluding recovered materials at commercial establishments as defined by Section 403.703 of the Florida
Statutes) garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant to the
operations of commercial business or establishment or commercial property.
1
1. "Commercial Solid Waste Service" means the collection and disposal of garbage, trash,
recycling,construction and demolition debris,solid and process waste for all commercial accounts.
"Compacting Services"means all equipment,processes or methods by which waste is reduced
in size or volume for disposal, including any packaging thereof and includes, without limitation, rental fees,
maintenance fees,set-up fees or any other charges associated with such services. Rates for customers utilizing
compaction services of any type, whether through traditional solid waste equipment or any other mechanical
means, shall be considered and billed to customers in accordance with "compaction rates" as referenced in
Exhibit B to this agreement.
K. "Construction and Demolition Debris"means materials generally considered to be not water
soluble and noahazadous in name,including,but not limited to,steel,glass,brick,concrete,asphalt roofing
material,pipe,gypsum wallboard,and lumber,from the construction or destruction of a structure as part of a
construction or demolition project,and including rocks,soils,tree remains,trees,and otter vegetative matter which
normally results from land clearing or land development operatimus for a construction project,including such debris
from construction of structures at a site remote from the construction or demolition project site.
L. "Francbise Agreement"means an exclusive agreement,and all subsequent extensions or
amendments thereof,between the City and a qualified firm to provide commercial solid waste services within the
City.
M. "Franchise Fees"shall apply to commercial accounts and include,but not be limited to,a
percentage of gross revenue received,various one-time fees and temporary roil-otti'contaioa permit fee(s).
N. "Gross Revenue Received"means all monies resulting from all transactions and activities,within
the city, in the Franchisee's regular course of business and trade including garbage, industrial,solid waste, used
cooking oil waste, environmental charges and fees, containerized waste, equipment rental and leasing, fuel
surcharge,construction and demolition debris,roofing materials,trash,litter,maintenance,compactors,refuse and/or
rubbish collection removal and disposal services rendered, hand bag collection, recycling. (excluding recovered
materials at commercial establishments as defined by Section 403,703 of the Florida Statutes) or from any other
source related directly or indirectly from waste collection services,including,but not limited to,all income derived
from leasing and renting of real or tangible personal property,the use of dump trucks, grapping trucks,roll-off
trucks, trailers, roll-offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers,
bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the
Franchisee,exclusive of taxes as provided by law and franchise fees to the City due under this Agreement,whether
wholly or partially collected within the city and less bad debts. Gross revenue received shall not include income
derived from the transportation,storage,treatment,collection,and removal of biomedical,biological,or hazardous
waste as herein defined.
0. "Hazardous waste"means solid waste,or a combination of solid wastes, which,because of its
quantity,concentration,or physical,chemical,or infectious characteristics,may cause,or significantly contribute to,
an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a
substantial present or potential hazard to human health or the environment when improperly transported,disposed of
stored, treated,or otherwise managed. The term does not include human remains that are disposed of by persons
licensed under chapter 497 of Florida Statute.
P. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings,data processing software, or other material, regardless of the physical form, characteristics,or
means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of
official business by the City.
2
Q. "Recovered Materials" means, as defined by Section 403.703 of the Florida Statutes, metal,
paper,glass, plas tic,textile,or tubber materials that have known recycling potential,can be feasibly recycled,and
have been diverted and source separated or have been removed from the solid waste stream for sale,use,or muse as
raw materials,whether or not the materials require subsequent processing or separation from each other,but does not
include materials destined for any use that constitutes disposal.
R. "Roll-off or Conetreetion Dumpster"means an approved open metal container without wheels,
with capacity up to forty(40)cubic yards,used at construction sites for the purpose of removing construction and
demolition debris,which includes rock,metal and other materials which are heavy in weight or substantial in size,
used in connection with a construction and/or demolition project.
S. "Said Waste"means sludge unregulated under the federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works,water supply treatment plant,or air pollution control facility,or garbage,trash,
waste,spacial waste,or other discarded material, including solid, liquid,semisolid,or contained gaseous material
resulting from domestic,industrial,commercial,mining,agricultural,or governmental operations.
T. "Source Separated"means recovered materials that are separated from solid waste at the location
where the recovered materials and solid waste are generated. The term does not require that various types of
recovered materials be separated from each other, and recognizes de minimis solid waste, in accordance with
industry standards and practices,may be included in the recovered materials. Materials are not considered source
separated when two (2)or more types of recovered materials are deposited in combination with each other in a
commercial collection container located where the materials arc generated and when such materials contain more
than ten(10)percent waste by volume or weight;said materials will be considered solid waste.For purposes of this
Franchise Agreement,the term "various types of recovered materials"means metals,paper,glass,plastic,textiles,
and rubber.
Any other Words or Terms used herein which are not defined in this Section shall have their normal
dictionary meaning and customary usage unless such terms are defined in City Code,in which cue they shall have
the meaning set forth therein.
SEC1111111...GBAISMEEBANCIILIE
A. The City and Franchisee mutually agree, as a material consideration for this Franchise
Agreement that only two (2) franchises shall be awarded for Commercial Solid Waste Services in the City.
Franchisee is hereby granted a franchise, including every right and privilege appertaining thereto (except as
otherwise limited by the Code, and/or by present or future Federal, State and County ordinances and laws), to
operate and maintain a Commercial Solid Waste Service, in accordance with this Franchise Agreement and as
permitted under the Code, in, upon,over,and across the present and future streets,alleys,bridges,easements and
other public rights-of-way, property(ics), and/for facility(ies) within the limits of the City, for the purpose of
collecting and disposing of Commercial Solid Waste, generated by the citizens, residents, inhabitants, business
enterprises,and other entities therein.Except for Recovered Materials otherwise provided for pursuant to the Code,
and/or by present or future Federal,State or County ordinances and laws,Franchisee is hereby granted title to all of
such Commercial Solid Waste generated within said boundaries,insofar as the City can establish its legal right to
make such grant of title.
B. The City hereby issues a limited, non-exclusive franchise to Franchisee to engage in a
Commercial Solid Waste Service within the City and to service Commercial Businesses or Establishments by
collecting Commercial Solid Waste in accordance with the provisions of the Code,City ordinances,this Franchise
Agreement and the rules and regulations of the City applicable to the collection of Commercial Solid.Waste. The
franchise includes the furnishing and servicing of all Roll-off or Construction Dumpsters, whether designated as
temporary or permanent,to include construction and demolition debris. Moreover,this franchise shall include the
collection and disposal of construction and demolition debris in residential properties of less than five(5)units.
3
C. Franchisee shall be permitted to collect Commercial Solid Waste from Commercial Businesses or
Establishments within the City.All work relative t4 the collections contemplated in this Franchise Agreement shall
be performed as scheduled in a workman-like manner. Upon completing each collection permitted hereunder,
Franchisee shall properly replace all dumpsters and containers and leave the premises so serviced in a litter-free and
sanitary condition.City shall use its municipal authority to ensure that all customers contract sufficient service levels
such that all of the customer's Commercial Solid Waste is properly contained within the Franchisee's containers
placed at the customers'properties,whereby the container lids are able to close completely,flush with the top of the
container.
D. Franchisee shall be required to have valid vehicle permits for each collection vehicle. Each
vehicle shall display said permit in a_prominent and easily visible location.All vehicles shall be properly inspected
by the appropriate governmental agencies.As necessary,the Public Works Department may inspect all vehicles for
safety,cleanliness and proper licensing,etc.Each vehicle operated within the City shall be conspicuously marked on
both sides of-the vehicle in stenciled letter in an area of not less than thirty(30)inches by fourteen(14)inches with
the following information:
Top line:City of Opa-Locka,license number
Second line:The Franchisee's name.ltJ&A l? Ma«,ageme, i-S..c. 04' (law:der
All markings shall be approved by the public works department of the city.
E. If the City determines that Franchisee has failed to comply With any of the provisions of this
section,it shall notify Franchisee,11 writing by certified mail,and demand that Franchisee cause the violation to be
remedied within the prescribed time. If the violation has not been remedied within the prescribed time(which shall
be no less than thirty(30)days),the City Manager may commence proceedings to revoke the franchise of Franchisee
in accordance with the applicable City Ordinance and terms of this Franchise Agreement
F. The collection of'cammercial Recovered Materials shall not be exclusive to the Franchisee.The
collection, transport, and disposal of Recovered Materials for recycling from Commercial Businesses or
Establishments shall be an"open market"and non-exclusive to the Franchisee.However,all loads of Recovered
Materials must be Source Separated.
,SRfTION 3. (RO(:RAPHICAJ.i.IMITS OF THE FRANCHISE
The area covered by this franchise is the area within the City limits,as they are now located and any areas
which may at some future time be incorporated into the City. Franchisee agrees that the limits of the franchise are
subject to expansion or reduction by annexation and contraction of municipal boundaries and that Franchisee has no
vested right in a specific area.
Areas within the geographical boundaries of the Opa-locka Airport shall be excluded from this Franchise
Agreement
SECTION 4.TL M
The Franchise Agreement is granted for a period of one(1)year subject to the provisions of Section 11-76 of
the Code,commencing on the�\ ,day ofS.alyy , 2017,and terminating on the a 1 day of ,.k ,
2018,unless earlier terminated as a result of the fdfure of the Franchisee to comply with the Code and this Franchise
Agreement to provide effective and efficient service, (Initial Term).The Franchisee and City may mutually agree to
renew the Franchise Agreement on the same terms and conditions as may be modified and mutually agreed to,for a
period of one(1)additional year.
soy • . . , , . . r , .• : • • .rn.
4
A. Franchisee shall comply with the following reporting requirements:
1. Commencing thirty (30) days after the date of the issuance of this Franchise Agreement and
continuing monthly thereafter on the same day of each and every month,Franchisee shall file with the City Manager,
on forms approved by the City,a report under oath designating the names and addresses of the Commercial Accounts
serviced by Franchisee in the City for the preceding month together with the monthly Gross Revenue Received from
each Commercial Account. All reports provided by Franchisee shall be subject to random audits by die City.
Franchisee shall immediately notify the City in writing of any necessary adjustments to its monthly report,which
adjustments shall be made within twenty(20)days of written notice.
2. Commencing thirty (30) days after the date of the issuance of this Franchise Agreement,
Franchisee shall file with the City Manager, on forms approved by the City, a monthly report indicating every
Commercial Account acquired by Franchisee for service in the preceding month together with the contract amounts)
for such service.
3. Within thirty(30)days of the close of Franchisee's fiscal year,but no later than February 15`''of
each year, Franchisee shall file with the City Manager, on forms approved by the (Sty, a report of Franchisee's
annual Gross Revenue Received from Commercial Solid Waste Services performed within the City for the preceding
fiscal year,certified by an independent certified public accountant.
B. Franchisee shall pay the following:
1. On an annual basis the Franchisee shall pay to the City the sum of$4,167.00,for the right to be
one of two non-exclusive franchisees for Commercial Solid Waste Service within the City.
2. On a monthly basis, and simultaneous with the filing of each monthly report required above,
Franchisee shall pay to the City a sum equal to twenty-eight(28)percent of the monthly Gross Revenue Received,as
reflected on each such monthly report.
3. On an annual basis, the Franchisee shall pay a fee of one hundred dollars ($100.00) for each
permanent Commercial Account contracted for Commercial Solid Waste Services. The permit per account fee may
be charged as a pass through to the customer and not included in Gross Revenue Received.
4. The City shall also be entitled to annual occupational license fees from the Franchisee,inspection
fees,and liquidated compensatory damages for such accounts as the city may have had to service or caused to be
serviced by Franchisee
5. On a quarterly basis,and simultaneous with the filing of its monthly report above,Franchisee shall
pay the City a seventy-five dollar ($75.00) permit fee for every ninety (90) days for any and all construction
dumpster or roll-off accounts. The 90-day permit fee may be charged as a pass through to the customer and not
included in Gross Revenue Received.
6. On an annual basis, and simultaneous with the filing of its report of annual Gross Revenue
Received,Franchisee shall pay to the City an amount equal to ore-quarter-of-one-percent(1/4%)of its annual Gross
Revenue Received,to be applied by the City for auditing of the Commercial Solid Waste Service.This annual audit
fee shall be exclusive of, and in addition to, the fee based upon Franchisee's monthly Gross Revenue Received
above. The means,method,and operation of this program shall be determined and implemented in the City's sole
and reasonable discretion.
SECTION 6. BANKRUPTCY OR INSOLVENCY
If Franchisee becomes insolvent,this franchise shall terminate. If Franchisee files a petition of voluntary
5
bankruptcy,or in the event of involuntary bankruptcy,this Franchise Agreement shall terminate no later than the
date of filing of the bankruptcy petition.
SECTION T. INDEMNIFICATION AND INS TRANCE
A. Indemnification. Franchisee hereby agrees to indemnify, hold harmless, and defend the
City,its officers,employees,agents,and contractors against,and assumes all liability for,my and all claims,suits.
actions, damages,liabilities, expenditures, or causes of action, of any kind, arising from Franchisee's, and/or its
officers', employees', agents', and contractors' activities and for the use of the public streets and/or other City
property or rights-of-way, for the purposes authorized in this franchise and in the Code,and resulting or accruing
from any negligence,wrongful act,omission,or error of the Franchisee,and/or its officers,agents,employees,and
contractors.and/or arising from the failure or Franchisee to comply with each and every covenant of this franchise,
or with the Code,or with any other Federal,State,County and/or City ordinance,law,or regulation applicable to
Franchisee's activities,resulting in or relating to bodily injury,loss of life or limb,or damage to property sustained
by any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to hold City, its
officers,employees,agents and contractors,harmless from and against all judgments,orders,decrees,attorney's fees,
costs,expenses and liabilities incurred in and resulting from any such claim,investigation,or defense thereof;which
may be entered, incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense,any legal action, claim or proceeding instituted by any person against the City, its officers, employees,
agents or contractors, as a result of any claim, suit, or cause of action accruing from activities conducted by
Franchisee authorized in this franchise, for injuries to body, limb,or property as set forth above.This Indemnity
from Franchisee shall not apply to and shall exclude any Claims resulting or arising from the negligence or wrongful
acts of the City or customers of Franchisee under thisFranchise Agreement.
B. Franchisee Insurance. Before actually commencing business, Franchisee shall obtain the
following insurance from a firm with a minimum rating of"A3"from Moody's Investor Service and shall furnish the
original liability policy to the City Clerk with a certificate of insurance for all policies written in Franchisee's name.
This certificate shall provide that the policies contain an endorsement requiring that the City shall be furnished,
within ten(10)days,written notice by registered mail prior to cancellation or material change in any policy.The
sufficiency of the insurance shall be certified by the City Manager prior to commencing business. Termination of
insurance coverage shall automatically terminate the right of Franchisee to operate within the City.
1. Woof cer';Compensation: Franchisee shall carry,with a company authorized under the laws of
the State of Florida, a policy to protect against liability under the workmen's compensation and occupational
diseases statutes of the State of Florida.
2. Automobile Liability Insurance: Franchisee shall carry, in its own name, a comprehensive
policy to insure die entire automobile liability of operations with limits not less than one hundred thousand
dollars($100,000.00)each person and three hundred thousand dollars($300,000.00)each accident bodily injury
liability, and fifty thousand dollars ($50,000.00) 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:Franchisee shall carry,in his own name,a comprehensive liability policy for
operations other than automobile with limits of at least one hundred thousand dollars ($100,000.00) for each
person and three hundred thousand dollars ($300,000.00) for each accident bodily injury liability, and fifty
thousand dollars($50,000.00)each accident for property damage liability.
4. Umbrella Liability. In addition to the above limits, the Franchisee shall provide at least a
51,000,000 umbrella or excess liability insurance policy.
5. Liability of the City. The above insurance requirements shall not be construed as imposing
upon the City, or any official or employee thereof, any liability or responsibility for damages to any person
injured,or any property damaged,by Franchisee
ECTION g. REVOCATION OF FRANCHISE
Failure on the part of Franchisee to comply in any material way with the provisions of the Franchise
6
•
Agreement or the Code,or other Applicable Laws shall be grounds for revocation or termination of the franchise,
which termination shall be in accordance with the Code,and shall be effective upon written notice to Franchisee.
Prior to any revocation under this section,the City shall provide Franchisee written notice of the non-compliance
and a thirty(30)day period to cure any such non-compliance.
SECTION 9. REPORTING: ACCOUNTIIla:AUDIT
Franchisee shaft keep an accurate set of books and records in accordance with general accounting
principles,reflecting the dross Revenue Received derived under and pursuant to the franchise rights granted herein.
The City shall have the right with reasonable notice to audit Franchisee's books and records as provided in this
Franchise Agreement and the Code.
ECTION 1L COLLECTION EQUIPMENT
Franchisee shall have on hand, at all times during the term of the franchise, sufficient personnel and
equipment to permit Franchisee to hilly, adequately, and efficiently perform its duties hereunder. Collection
equipment shall be kept clean, sanitary, neat in appearance, and in good repair and working order at all times.
Franchisee shall at all tinges have available to it reserve equipment, which can be put into service and operation
within two(2)hams of any breakdown.Such reserve equipment shall substantially correspond in size and capability
to the equipment normally used by Franchisee to perform its duties hereunder.
SECTIQIIIUMEQSAL
All Commercial Solid Waste shall be hauled to sites or facilities legally empowered to accept it for
treatment or disposal
SECTILIIILLOILLEMMULEXICESANnormAnol
Franchisee's procedures for collection of Commercial Solid Waste shall be in keeping with all provisions of
the Code and other Applicable Laws.
In case of an unusually severe storm,and/or other extreme acts of weather(including,without limitation,
tropical storms,tropical depressions,hurricanes, floods,tornadoes,etc.)or disruption caused by other emergencies
not caused by Franchisee,the City Manager may grant Franchisee reasonable variance from its regular schedules.As
soon as practicable after such storm,act of weather, or other emergency, Franchisee shall inform the City of the
estimated time required before regular schedules and routes can be resumed and,upon request of the City Manager
and in such form as determined by the City Manager. Franchisee shall provide notice of same to its Commercial
Account clients in the franchise area.
SE13112111.4.1iMaLedna
The failure by the City or Franchisee at any time to require performance from the other party of any
provision hereof,or of any other Applicable Laws,shall not in any respect limit,prejudice,diminish,or constitute a
waiver of any rights by the City or Franchisee as applicable thereafter to enforce same,nor shall waiver by the City
or Franchisee of any breach of any provision of the Franchise Agreement,or of any other Applicable Laws,be taken
or held to be a waiver of the City or Franchisee's rights as applicable to enforce or take action against any such
succeeding breach(or such provision),or as waiver of any provision itself.
SECTION 15.CONTINIIED OPERATIONS DURING DISPUTES AND RIGHT TO CONTRACT
WITH CUSTOMER_F
A. In the event that a dispute arises between the City and Franchisee in any way relating to this
franchise,including performance or compensation hereunder,Franchisee shall continue to perform hereunder and to
render service in full compliance with all terms and conditions of the Franchise Agreement,regardless of the nature of
7
the dispute.Franchisee expressly recognizes the paramount right and duty of the City to provide adequate Commercial
Solid Waste Service as a necessary governmental function,and further agrees,as consideration for the City's approval
and execution of this Franchise Agreement that,in the event of a dispute,said Franchisee shalt not cease performance
or stop service during the pendency of any such dispute.
B. The Franchisee shall contract directly with Commercial Businesses or Establishments in the City for
Commercial Solid Waste Service subject to the terms and conditions of this Franchise Agreement,the Code,and the
rate schedules established by the City.AU charges shall be billed directly by Franchisee to the Commercial Business
or Establishment,which shall pay Franchisee directly.The City has established by ordinance minimum rate schedules
for services under this Franchise Agreement,as set forth in Exhibit B to this Franchise Agreement In the event of a
default by a Commercial Business or Establishment,Franchisee shall have all rights and remedies under the contract
and Florida law, including the right to stop all services to a Commercial Business or Establishment after failure to
make payments wider the contract for thirty(30)days.
SFCI_'ION IL. CUSTOMERCOMPIoAINTS
In the event the City receives any customer complaints relating to the services rendered by Franchisee,said
complaint shall be forwarded to Franchisee who shaft have ten(10)days from receipt thereof to resolve the matter
with the customer.If the matter is not resolved,Franchisee shall,within five(5)days thereafter,deliver to the City
Manager a report of the status of the complaint,its efforts to resolve the complain.and why the complaint has not
been resolved.
Ms 1 ► Q• 1 ► I : a ►II • u u ' ►1 2 • '1 • r v ►i►.
A. In the event charges for services are not paid within thirty (30) days after billing, notice of
delinquent payment shall be mailed by regular mail to the Commercial Property benefited by such service,to the
attention of the owner or tenant thereof.All delinquent garbage,waste,and trash fees shall bear interest from the
date of delinquency at a rate of eighteen(18)percent per annum of the amount of the delinquency. Failure to
receive payment in full within ten(10)days thereafter shall authorize the franchisee to discontinue service and
pursue other legal remedies for collection. Any person who disputes the amount of imposition of any trash or
illegal dumping fee shah have the right of appeal,in accordance with the Code.
B. In the event a Commercial Business or Establishment terminates Franchisee's Commercial Solid
Waste Service, or fails to pay for the Commercial Solid Waste Service,and its Commercial Solid Waste Service
is stopped by Franchisee,Franchisee shall notify the City in writing within five(5)days of the termination., The
City agrees not to issue any occupational,occupancy,or other permits or licenses necessary to engage in business
in the City without proof from the Commercial Business or Establishment of a valid contract for Commercial
Solid Waste Service. Franchisee agrees that it shall not knowingly contract with any Commercial Business or
Establishment that does not have all necessary permits and/or licenses from the City for operation of its business,
and shall notify the City within ten (10) days of acquiring knowledge that any Commercial Business or
Establishment has failed to procure any necessary permit and/or license.
SECTION 1tt. SERVICES JO CITY-OWNED FACILITIES
The City owns the facilities listed in Exhibit A to this Franchise Agreement. The Code allows Franchisee
to collect Commercial Solid Waste from Commercial Businesses and Establishments in the City. In-kind services
solely to City facilities set forth herein shall be provided free of charge,and the work will be divided equally(as
measured by cubic yards)by the two(2)franchise holders permitted to collect Commercial Solid Waste from in the
City. To the extent that the franchise holders cannot agree on a distribution of obligations under this section, the
parties shall submit in writing their support for their position to the City Manager.The City Manager's determination
on this issue shall be binding.
SECTION 19. FORCE MAJ .IIRE
The performance by the City and/or Franchisee shall be temporarily excused during such time as such party
is hindered or prevented from performing under the Franchise Agreement due to acts of God,the elements,war,
insurrection,riot,rebellion,strikes or lockouts(unless solely restricted to employees of the City or Franchisee).and
other causes beyond the party's reasonable control.
8
SFrrION 24. INVALIDITY—NO RIGHT OF ACTION
If this Franchise Agreement, or any provision thereof is found to be invalid or unconstitutional by any
court of competent jurisdiction,or if Franchisee is prevented from exercising its rights hereunder by present or future
Federal,Sc lat ,or County ordinances or laws,and Franchisee's rights under this franchise are materially impaired
thereby,Franchisee shall have no claim or cause of action against the City.The City and Franchisee agree to take all
reasonable and necessary action to modify,amend,or reform the Franchise Agreement so as to cure any invalidity or
unenforceability of this Franchise Agreement or my provision thereof
SF.(TUIN 21. POWER TO REGIII.ATE STREET:
Nothing in ibis Franchise Agreement shall be construed as a surrender by the City of its right or power to
pass ordinances regulating the use of its streets and/or other public rights-of-way,and/or public properties,and/or
facilities.
SECTION 2L ACCEPTANCE OF AN HI
This Franchise Agreement shalthe filed with City Clerk and shall be binding upon execution of the
Franchise Agreement by the City and Franchisee.
MUTTON 23. GOVERNING LAW AND EXCT.IISIVE VENlIFt
This Franchise Agreement shall be governed by,and construed in accordance with,the Laws of the State of
Florida,both substantive and remedial,without regard to principles of conflict of laws.The exclusive venue for any
litigation arising out of this Franchise Agreement shall be in the Circuit Court of Miami-Dade County,Florida.
BY ENTERING INTO THIS FRANCHISE AGREEMENT, CITY AND FRANCHISEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO,OR ARISING OUT OF,THIS FRANCHISE AGREEMENT.
,SECTION 24. NOTICF.
All notices and communications m unications in writing required or permitted hereunder pay be delivered personally,by
fax,or e-mail,to the representatives of the Franchisee and the City listed below,or may be mailed by registered
mail,postage prepaid
Until changed by notice is writing, all such notices and communications shall be addressed as
follows:
TO FRANCHISEE: .. OP Fleet&
fifite6•41)
Mtn
TO CITY: City of Opa-Locka
780 Fisherman Street
Opa-Locka,Florida 33054
City Manager: Yvette Harrell
WITH COPIES TO: Vincent T.Brown,Esq.
City Attorney
City of Opa-Locka
780 Fisherman Street,4th Floor
Opa-Locka,Florida 33054
9
Notices are deemed delivered or given,and become effective,upon mailing if mailed to an address as
set forth above.
SECTION 2S FLORIDA PUBLIC'RS:CORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes,Franchisee shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records,and at a cost that does not exceed the cost provided bylaw.
(c) Ensure that public records that are exempt from public records disclosure requirements are not
disclosed,except as authorized by law.
(d) Meet all requirements for retaining public records,and transfer to the City,at no cost to the City,
all public records created, received, maintained, and/or directly related to the performance of this Franchise
Agreement that are in the possession of Franchisee upon termination of this Franchise Agreement. Upon termination
of this Franchise Agreement, Franchisee shall destroy any duplicate public records that arc exempt from public
records disclosure requirements. All electronically stored records must be provided to the City in a format that is
compatible with the information techno logy system of the City.
Franchisee's failure to comply with the white records disclosure requirement set forth in Section
119.0701 of the Florida Statutes shall be a breach of this Franchise Agreement,and the City may,in its sole
discretion,avail itself of the remedies set forth under this Franchise Agreement sad available at law.
,ACTION 26. ASSIGNMFffj
The rights herein granted to Franchisee, and any licenses granted to Franchisee by the City,shall not be
assigned by Franchisee except with the express prior written approval of the City Commission. In the event of
such assignment, Franchisee shall cause its assignee to execute a Franchise Agreement,subject to the approval
of the City Manager,evidencing that such assignee accepts the assignment subject to any and all terms,conditions,
and limitations imposed hereby, and which acceptance shalt include an affirmative statement evidencing such
assignee's intent to fulfill the obligations imposed upon Franchisee herein.Notwithstanding the City's approval of
the assignment, and assignee's acceptance, Franchisee shall guarantee the performance of its assignee, and such
assignment shall always be with full recourse to Franchisee.
SECTION 27. ILAZARDO1rS WASt E
Franchisee shall not be obligated to collect or dispose of any Hazardous Waste as defined in this Franchise
Agreement and under Applicable Laws.
w lr : . . . m . u • ' • as m :r . .
The City shall establish the monthly rate schedules for service of all Commercial Accounts in the City,
which established rates shall be binding, upon mutual consent,on Franchisee. Except for the obligation to comply
with the City's established rate schedule, Franchisee shall be entitled to contract for Commercial Solid Waste
Services with Commercial Businesses and Establishments as provided in Section 15 of this Franchise Agreement.
The rate schedule established by the City ("City Rates") shall be as set forth in Exhibit "B" to this Franchise
Agreement. City and Franchisee understand and agree that certain types of waste are unsafe, unsuitable, or
otherwise inappropriate for customary solid waste dumpster type containers(typically ranging from 14 cubic yards,)
and therefore Franchisee shall have the right to require customers generating such waste types to utilize either rolloff
or rolloff compactor services and customer shall then pay the rates for such services as set forth and in accordance
with Exhibit B. Such waste types requiring rolloff or rolloff compactor service include but are not limited to:
construction and demolition debris,wood,vegetation,tile,marble,granite,building materials,rocks,dirt,window or
10
automobile glass,rags,and larger amounts of other materials such as outdated products,spoiled foods,etc.than are
normal or customary for regular day to operations.City shall have the right to monitor Franchisee in the event that a
Customer objects to Franchisee's requirement that a Customer use either a rolloff or rolloff compactor to insure that
such request by Franchisee is reasonable.
Franchisee agrees to provide the City with copies of the disposal rates ("County Disposal Rates")
established by Miami-Dade County ("County") within fifteen (15) days of receipt by Franchisee of the County
Disposal Rates. Franchisee shall notify its Customers in writing within thirty(30)days of receipt of the County
Disposal Rates. The City Rates set forth in Exhibit B shall be adjusted by the same percentage increase of any
increases in the County Disposal Rates and such rate increase shall be payable by customers from the day of any rate
increase in the County Disposal Rates in addition to and separately from the City Rates.
4FCTION 29. DEFAULT
In the event of a default by any party hereto and such default continues for thirty(30)days after written notice to cure,
the other non-defaulting party shall be entitled to all rights and remedies under Florida Law to enforce its rights under
this Franchise Agreement.
,$RfTIDN 30. PERFORMANCE BOND
Franchisee shall furnish to the City an irrevocable,annually renewable,Performance Bond for the faithful
performance under the Franchise Agreement by Franchisee including timely payment of Franchise Fees. The
Performance Bond shall be subject to the approval of the City, and shall be issued by a surety company that is
acceptable to the City.At a minimum,the surety company shall be rated"A"or better as to management and'ESC
X"or better as to strength by A.M.Best's Insurance Reports,and shall be listed on the U.S.Treasury Department's
list of acceptable sureties for federal bonds.The surety shall have been in business with a record of successful and
continuous operation for at least five(5)years.The Performance Bond shall:(a)contain any provisions required by
Applicable Law; (b)guarantee the performance of all duties and obligations of Franchisee under the Franchise
Agreement;and(c)not be canceled or altered without at least thirty (30) calendar days prior notice to the City.
Franchisee shall furnish the Performance Bond to the City at least five(S)calendar days before the commencement
of this Franchise Agreement.The Performance Bond shall be maintained in full force and effect at all times during
the term of this Franchise Agreement
The Performance Bond shall be in the amount of Two Hundred and Fifty Thousand Dollars
($250,000.00).Maintenance of the Performance Bond and the performance by Franchisee of all of the obligations
under this section shall not relieve Franchisee of liability under the Default and Revocation provisions set forth in
this Franchise Agreement,or from any other liability resulting from any breach of this Franchise Agreement The
Performance Bond may be "called" and used if there is any default or breach of this Franchise Agreement by
Franchisee.Calling or using the Performance Bond shall not restrict or preclude the use of any additional or other
remedies available to the City against Franchisee for breach, default,or damages.
In the event of a strike of the employees of Franchisee, or any other labor dispute which makes
performance of this Franchise Agreement by Franchisee substantially impossible,the City shall have the right
to call the Performance Bond three(3)days after giving notice to Franchisee,and may engage another entity to
provide necessary Commercial Solid Waste Services until such time as Franchisee may resume its operations.
REMAINING PAGE LEFT BLANK INTENTIONALLY
11
ti
IN WITNESS WHEREOF,the legal reprcsapgives of the City and Franchisee have caused their signatures
to be affixed hereto on the day,month,and year indica ed on the first page of this Franchise Agreement.
WITNESS:
By:_ O By:
Print N '44 4bD f LW Print WAtatilif.
Title:President
WITNESS: CITY OF OPA-LOCKA
By: A ALL*:. _ _ By.
Print ame: AI. .. ` / Print •Yvette
/ Tide: Manager
A .4Approved as to form aad kgal sufficiency
.11 1 4i\- lY •
Joanna 1 res,City Clerk Brown Law Group,LLC,City Attorney
Nrmcent T.Brown
o-r !acs � ao i1
Date
12
STATE OF FLORIDA )
ss COUNTY OF ` : ,: -
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this .
day of , 2017, b31D7151:1 HAI.Goe.myq
of twat MANAtsNT ONO.of FLORIDA
who
is personally known to me or who produced
as identification,and who did[did not]take an oath.
Notary Public—State f Florida
Print Name:
4P,,».1,e, SUOMI CH9BTA JOHDON
My Commission Expires: ' "M1►CO11lsSI0 FF651.
liii9:,�rry a,2018
4, fain*hIONshey Simi=
STATE OF FLORIDA )
ss COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this
al_ day of S.�� , 2017, by v-e-h-e irViAter4.l\ ,
as
L-A-y 4-40,v,avv of 0-C 13(v).-\ocka who
is personally known to me or who produced
as identification,and did[did not]take an oath.
pi NCWy e0wd
Notary Public—State of Florida
w Print Name: SL... c.,6Loelesi&l:ae6342 ,
My Commission Expires: A\ \ tp+ .c r^#
13
•
I
' I
•
1 Emir"A» •
' • • •
PAMPA•
I I 1 s f10m11 1110 1UMIMOr ' •
dew•
fi._� '
•
F44.411,,i_1iJ1111
•
•
•
•
•
•
I 14.4
. �i2
'
r , , Minimum Commerdmi Sold Waste Service Iii' . .
1 • ••
-. . ihrvbeRies 1 i f
r I
[C"`�E111 E311 1E3 1E C'�____ TA 11 �` �
F-K7 I 111E:17.1 I 3=1 IIIELIDI IL-JAI EZ'i` 31EZalAE 7
CC" 111111111111EAL::1E1F71,1Er2! lIL EItTIAI 1J ]EST •
.Ti's E E .` [L11 E E-'A E BUT..'I E37Ct , , I
T .7 E F E E3� ;l l _:�113 r]E I I!I• r . . ." --". _
OOe eedpetaoaded or Tr- AuIEtitie. {
i
f
1
. -�L_...__ t .
-• .
an
-- 77:77 .
L1 I' I3 :t'2ii _ll.77"•rf,771 11._.1:.!1:___ 77"'7wr.wr,-7 �y
EV_�' "a II rT;:?°Z_'" ..`-_.rM..=7'-17.— j.1.71 ' °'' "77:' .
CT ri-- rr-7". "1 1.'-"".'�'
• r. t E7'_ �•� i _� 1 17:7_.=7' .',7_':..l.-. 7.77 �.+�p 7 ��,
-„ do nor-'r •. • . Pm, OO ennwt • a000unt se ar ` Z" �
6 t,1
13J i‘ All -
•
ifiki I\
‘1"