HomeMy WebLinkAboutItem 13 Approval of the Two (2)-Year Extension of the Exclusive Franchise Agreements
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: July 21, 2026
Item #: 13
Contact Name: Joyce Tolbert, Shannon Hopper Department Director: Steven Weber
Contact Number: Ext. 1516, Ext. 1524 City Manager: Craig Shadrix
Subject: Approval of the Two (2)-Year Extension of the Exclusive Franchise Agreements for
Residential Construction & Demolition Debris Removal (RFQ21-007). (Procurement Manager
Tolbert)
Background Summary:
On July 20, 2021, the City Commission awarded RFQ #21-007 for the Exclusive Franchise for Residential
Construction & Demolition Debris Removal to Waste Pro of Florida, Inc. and Hubbard Construction d/b/a Mid-
Florida Materials. The initial term of the Franchise was for five (5) years, with the option to extend the term for
an additional two (2) years by mutual agreement of the City and Franchisee. Both contractors, Waste Pro of
Florida, Inc. and Hubbard Construction d/b/a Mid-Florida Materials, executed the attached amendment to their
respective Franchise Agreement, providing their consent to extend the term. Once approved by the
Commission, the term of the franchise agreements will expire on July 31, 2028.
Issue:
Should the Honorable Mayor and City Commissioners approve the two (2)-year extension of the Exclusive
Franchise Agreements for Residential Construction & Demolition Debris Removal (RFQ #21-007) with Waste
Pro of Florida, Inc. and with Hubbard Construction d/b/a Mid-Florida Materials?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners:
1.) Approve the two (2)-year extension of the Exclusive Franchise Agreements for Residential Construction &
Demolition Debris Removal (RFQ #21-007) with Waste Pro of Florida, Inc. and with Hubbard Construction d/b/a
Mid-Florida Materials; and
2.) Authorize the Mayor, City Clerk, and staff to execute all necessary contract documents.
Attachments:
1. Amendment - Hubbard Construction Franchise Term Extension
2. Amendment - Waste Pro Franchise Term Extension
3. Current Franchise Agreement - Hubbard Construction
4. Current Franchise Agreement - Waste Pro of Florida
Financial Impacts:
Each Franchisee is to pay the City a franchise fee of 20% of the fees collected under this Agreement.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Type of Item: Consent
FIRST AMENDMENT TO FRANCHISE AGREEMENT FOR
RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL
The City of Ocoee (City) and Hubbard Construction Company d/b/a Mid-Florida Materials,
(Franchisee), by way of this Amendment, hereby mutually agree to extend the Residential Construction
and Demolition Debris Removal Franchise Agreement dated July 20, 2021, for the additional two (2)
year term commencing with the expiration of the Initial Term and terminating on July 31, 2028. All
other terms and conditions of the Franchise Agreement shall continue in full force and effect.
FRANCHISEE: HUBBARD CONSTRUCTION COMPANY D/B/A MID-FLORIDA MATERIALS
BY (sign):
PRINT NAME:
TITLE:
DATE:
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD
AS TO FORM AND LEGALITY THIS ____ ON _____________ UNDER AGENDA
DAY OF , 202 . ITEM NO. ___.
FISHBACK DOMINICK
BY:
Richard S. Geller, Esq., City Attorney
William Dumas
Assistant Secretary
6/30/2026
FIRST AMENDMENT TO FRANCHISE AGREEMENT FOR
RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL
The City of Ocoee (City) and Waste Pro of Florida, Inc., (Franchisee), by way of this Amendment,
hereby mutually agree to extend the Residential Construction and Demolition Debris Removal Franchise
Agreement dated July 20, 2021, for the additional two (2) year term commencing with the expiration of
the Initial Term and terminating on July 31, 2028. All other terms and conditions of the Franchise
Agreement shall continue in full force and effect.
FRANCHISEE: WASTE PRO OF FLORIDA, INC
BY (sign):
PRINT NAME:
TITLE:
DATE:
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD
AS TO FORM AND LEGALITY THIS ____ ON _____________ UNDER AGENDA
DAY OF , 202 . ITEM NO. ___.
FISHBACK DOMINICK
BY:
Richard S. Geller, Esq., City Attorney
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS
(RFQ) #21-007
EXCLUSIVE FRANCHISE FOR
RESIDENTIAL CONSTRUCTION AND
DEMOLITION DEBRIS REMOVAL
RFQ #21-007 Residential C&D Franchise 2
TABLE OF CONTENTS
RFQ #21-007
EXCLUSIVE FRANCHISE FOR RESIDENTIAL
CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL
RFQ DOCUMENTS
Section Page
Legal Advertisement 3
RFQ Instructions 4 - 6
General Terms & Conditions 7 - 15
Summary of Litigation*, p. 16
Acknowledgement of Addenda*, p.16
Equipment Listing*, p. 16
References/Experience*, p. 17
Contract References Contact Information, *18
Clarifications & Exceptions to Franchise Agreement, *19
SCOPE OF WORK, AND PROPOSED FRANCHISE AGREEMENT
Section Page
Submittals/Evaluation Criteria 20-21
Exhibit A – Scope of Work 22
Exhibit B – Conflict of Interest Disclosure Form* 23
Exhibit C –Company Information and Signature Sheet* 24
Exhibit D – Proposed Franchise Agreement 25-36
*Submit with Response
End Table of Contents
RFQ #21-007 Residential C&D Franchise 3
Request for Qualifications, Legal Advertisement
The City of Ocoee, Florida, (the “City”) is soliciting sealed statements of qualifications for RFQ
#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND
DEMOLITION DEBRIS REMOVAL. Qualification packages will only be accepted
electronically through Negometrix4, a free e-Procurement platform, until 3:00 pm, local time, on
May 11, 2021. Qualification packages received after that time or through any other method will
not be accepted under any circumstances. Qualification packages that have been timely received
will be publicly opened virtually online and the names of the responding firms read aloud at that
time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All
questions regarding this RFQ should be in writing to Joyce Tolbert, CPPB, Procurement Manager,
Finance Department/Purchasing jtolbert@ocoee.org. No Pre-submittal conference is scheduled at
this time. Prospective respondents may secure a copy of the documents required for submitting
statements of qualifications at no charge through Negometrix4 by accessing the City’s published
solicitation page at https://app.negometrix.com/buyer/748. Please visit
https://www.ocoee.org/323/Purchasing for more information. Prospective respondents will be
provided with all information regarding this RFQ, addenda, and changes to the project
requirements through the Negometrix platform. Melanie Sibbitt, City Clerk, Orlando Sentinel
April 18, 2021.
RFQ #21-007 Residential C&D Franchise 4
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS (RFQ) # 21-007
EXCLUSIVE FRANCHISE FOR RESIDENTIAL
CONSTRUCTION & DEMOLITION DEBRIS REMOVAL
A. The City of Ocoee, Florida (City), in conformance the policies and procedures of the City
of Ocoee (City) is soliciting statements of qualifications from qualified companies
(Respondent, Firm, Bidder, Proposer) to provide residential construction and demolition
debris removal services within the corporate limits of the City of Ocoee, Florida.
B. Respondents shall submit one (1) complete electronic copy of their statement of
qualifications, preferably in a single file on the Negometrix4 platform. Financial
Statements should be uploaded separately from your qualification package on the
Negometrix4 platform. Qualification packages must be received by Negometrix4 no later
than 3:00 p.m. (local time) on May 11, 2021. Any qualification package received after
the above-noted time will not be accepted under any circumstances. Any uncertainty
regarding the time a qualification package is received will be resolved against the
Respondent. It shall be the sole responsibility of the Respondent to have the qualifications
package uploaded and submitted on the Negometrix4 e-procurement platform prior to
the due date and time.
File Uploads - All electronic files uploaded must be in a common format accessible by
software programs the City uses. Those common formats are generally described as
Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt
or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure,
password protect or lock uploaded files; the City must be able to open and view the
contents of the file. Respondents will not disable or restrict the ability of the City to print
the contents of an uploaded file. Scanned documents or images must be of sufficient
quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings,
images or sketches. The City may disqualify any Submittal Response that does not meet
the criteria stated in this paragraph.
C. Prospective respondents may secure a free copy of the documents required for submitting
a response through Negometrix’s Negometrix4 platform by accessing the City’s published
solicitation page at https://app.negometrix.com/buyer/748. Please visit
https://www.ocoee.org/323/Purchasing for more information. Prospective respondents will
be provided with all information regarding this RFQ, addenda, and changes to the project
requirements through the Negometrix4 platform. Partial sets of the documents required
for submitting a statement of qualifications will not be issued. By using Negometrix,
prospective respondents will be provided with all information regarding this RFQ, all
addendums and changes to the project requirements; there is no charge to use the
Negometrix e-procurement platform.
The City utilizes Negometrix, an e-procurement platform, Negometrix4 version. The City
is ONLY accepting electronic solicitation responses online through the City’s
Negometrix4 platform at https://app.negometrix.com/buyer/748. This link can also be
accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the
Current Open Solicitations menu. All responses for this bid MUST be submitted
through the Negometrix4 platform. Bid/RFP/RFQ submissions received in any other
format will not be accepted; no paper, fax, or e-mailed submissions will be
RFQ #21-007 Residential C&D Franchise 5
accepted. There is no charge to use the Negometrix electronic bid submission
platform.
Registration with Negometrix is free and is required prior to submitting a RFQ
response. You will be required to register once you click the PARTICIPATE BUTTON in
the solicitation file. It is suggested your company register no later than 24 hours in
advance of the RFQ submission deadline to ensure proper registration. Should your
company need assistance with registering, please contact the Negometrix Service Desk
by calling (724) 888-5294 or by emailing servicedesk.us@negometrix.com.
Once your company is registered with Negometrix, you will be able to submit your
bid/proposal/qualification statement securely, anytime before the bid deadline, at
https://app.negometrix.com/buyer/748 by clicking the PARTICIPATE BUTTON under the
solicitation. Qualification Statements submitted on Negometrix4 will remain locked and
inaccessible by City staff until the bid deadline. Respondents are encouraged to allow
ample time to upload and submit your Response as the system will automatically lock
responses upon the bid deadline. A virtual public RFQ opening will be held on the date
and time indicated below. Details on how to access the virtual bid opening will be located
on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings
D. Pre-Proposal Conference: None scheduled at this time.
E. Responses will be reviewed by an evaluation committee appointed by the City Manager
and will be ranked in accordance with the established evaluation criteria. Date, time, and
location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed
publicly and on Negometrix4. The evaluation committee shall supply a ranked list of the
proposing firms and a recommendation regarding which firm(s) should be selected by the
City Commission. The franchise agreement may be awarded to multiple Respondents, as
determined by the City Commission, according to the evaluation criteria listed in this RFQ.
Please be aware that all City Commission meetings are duly noticed public meetings and
that all documents submitted to the City as a part of a response to a solicitation constitute
public records under Florida law. Action on qualification packages is expected to be taken
by the City Commission within ninety (90) days of the submission opening date; however,
no guarantee or representation is made herein as to the time between receipt of the
qualification package and subsequent City Commission action. A more detailed schedule
is given below.
F. All Respondents shall thoroughly examine and become familiar with this RFQ package
and carefully note the items specifically required for submission of a complete Statements
of Qualifications. The City will receive questions regarding this RFQ only through the
Negometrix4 platform in the Question & Answer tab or written inquires directed to Joyce
Tolbert, CPPB, Procurement Manager at jtolbert@ocoee.org. Deadline for receipt of
written inquiries will be May 4, 2021 at 3:00 p.m., local time. Any clarifications/changes
will be only through written addenda issued by the Procurement Manager. Respondents
should not contact City staff, with the exception of the Procurement Manager. In addition,
no contact is permitted with the City Commission, or other City consultants for information
regarding this RFQ before the franchise agreement award date. Any contact with any
other member of the City Staff, City Commission, or its agents during the solicitation,
award, and protest period may be grounds for disqualification
RFQ #21-007 Residential C&D Franchise 6
G. Submission of Statements of Qualifications shall constitute an acknowledgment
that the Respondent has complied with the instructions of this RFQ. The failure or
neglect of a Respondent to receive or examine a document shall in no way relieve it from
any obligations under its Statements of Qualifications or the franchise agreement. No
claim for additional compensation will be allowed based upon a lack of knowledge or
understanding of any of the contract documents or the scope of services. Statements of
Qualifications shall be in compliance with the contract documents and scope of services.
All costs to prepare and submit a response shall be the responsibility of the
Respondent and the City shall make no reimbursement of any kind.
H. Any response by the City to a request for information or correction will be made in the form
of a written addendum, which will be distributed via Negometrix4. It shall be the
responsibility of each Respondent to obtain a copy of all issued addenda. The City
reserves the right to issue addenda concerning the date and time when Statements of
Qualifications acceptance shall close at any time up to the date and time set for
Statements of Qualifications closing. In this case, responses that have been received by
the City prior to such an addendum being issued will be returned to the Respondent, if
requested, unopened. In case any Respondent fails to acknowledge receipt of any
such addendum in the space provided in the RFQ documents, its response will
nevertheless be construed as though the addendum had been received and
acknowledged. Submission of Statements of Qualifications will constitute
acknowledgment of the receipt of the RFQ Documents and all addenda. Only
interpretations or corrections provided by written addenda shall be binding on the City.
Respondents are cautioned that any other source by which a Respondent receives
information concerning, explaining, or interpreting the RFQ Documents shall not bind the
City.
I. Any of the following causes may be considered sufficient for the disqualification and
rejection of a Statements of Qualifications:
a) Submission of more than one (1) response for the same work by an individual, firm,
partnership, or corporation under the same or different name. For purposes of this
subparagraph, firms, partnerships, or corporations under common control may be
considered to be the same entity;
b) Evidence of collusion between or among the Respondents;
c) Being in arrears on any existing contracts with the City or in litiga tion with the City,
or having defaulted on a previous contract with the City;
d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any
other party on prior projects that, in the City’s judgment and sole discretion, raises
doubts as to the Respondent’s ability to properly perform the services; or
e) Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify
disqualification of Respondent or the rejection of its Statements of Qualifications.
J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a qualification statement on an award to provide any goods or services to
a public entity, may not submit a response on an award with a public entity for the
construction or repair of a public building or public work, may not submit qualification
statements on leases of real property to a public entity, may not be awarded or perform
work as a Contractor, Supplier, Subcontractor, or Consultant under an award with any
RFQ #21-007 Residential C&D Franchise 7
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in section 287.017 for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list. [See Florida Statute 287.133
(2) (a).]
K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida
Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and
other applicable State and Federal Laws, all Respondents should be aware that the
RFQ and the responses thereto are in the public domain and are available for public
inspection. Respondents are requested, however, to identify specifically any
information contained in their Statements of Qualifications that they consider
confidential and/or proprietary and which they believe to be exempt from
disclosure, citing specifically the applicable exempting law. All Statements of
Qualifications received in response to this RFQ become the property of the City of
Ocoee and will not be returned. In the event of an award, all documentation produced
as part of the franchise agreement will become the exclusive property of the City.
PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency
subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with
Florida’s Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119,
Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City
all public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public record
to the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City,
upon request from the City’s custodian of public records, in a format that is compatible
with the information technology systems of the City.
5. A Contractor who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150
NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
RFQ #21-007 Residential C&D Franchise 8
L. ACCEPTANCE AND AWARD. The City reserves the right to accept or reject any or
all responses, to waive formalities, technicalities or irregularities, to request
clarification of information submitted in any Statements of Qualifications, or to re-
advertise for new qualifications. The City may accept any item or group of items of
any response, unless the Respondent qualifies its Statements of Qualifications by
specific limitations. The City may accept one or more responses if, in the City’s
discretion, the City determines that it is in the City’s best interest to do so.
The City reserves the right to award a franchise agreement to the Respondent(s)
which, in the City’s sole discretion, is (are) the most responsive and responsible.
The City reserves the right, as an aid in determining which responses are
responsible, to require a Respondent to submit such additional evidence of
Respondent’s qualifications as the City may deem necessary, and may consider
any evidence available to the City of the financial, technical, and other qualifications
and abilities of a Respondent, including past performance (experience) with the City
and others. The City Commission shall be the final authority in the selection of any
and all responses for acceptance and award.
(Remainder of page left blank intentionally).
RFQ #21-007 Residential C&D Franchise 9
RFQ #21-007 GENERAL TERMS & CONDITIONS:
1. BID/PROPOSAL SECURITY:
None Required.
2. PERFORMANCE BOND:
The Franchisee(s) shall, without expense to the City, furnish a performance bond in a form
acceptable to the City as security for the performance of the franchise agreement. Said
performance bond will be in the amount of TWENTY THOUSAND AND NO/100 DOLLARS
($20,000.00). All premiums for the performance bond shall be paid by the Franchisee.
This performance bond shall be written by a surety company licensed to do business in
the State of Florida and approved by the City and shall be maintained in full force and
effect throughout the term of the franchise agreement.
3. PATENT INDEMNITY:
Except as otherwise provided, the successful respondent agrees to indemnify the City and
its officers, agents, and employees against liability, including costs and expenses for
infringement upon any letters patent of the United States arising out of the performance
of this Contract or out of the use or disposal by or for the account of the City or supplies
furnished or construction work performed hereunder, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the Respondent and
persons employed or utilized by the Respondent in the performance of this contract.
Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its
officers, agents, and employees from any suits, actions, damages, and costs of every
name and description, including attorneys’ fees, arising from or relating to violation or
infringement of a trademark, copyright, patent, trade secret, unpatented invention, or
intellectual property right. If the bidder uses any design, device, or materials covered by
letters, patent, or copyright, it is mutually agreed and understood without exception that
the bid price shall include all royalties or cost arising from the use of such design, device,
or materials.
4. AWARD CRITERIA:
The franchise agreement will be awarded to multiple Respondents, as determined by the
City Commission, according to the evaluation criteria listed in this RFQ.
5. BID PROTESTS:
All Bid Protests shall be submitted to the Procurement Manager in the following manner:
1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral
protests shall not be acknowledged.
2. A bid protest shall be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual, its addenda, and other bidding documents;
and/or (b) applicable federal, state, or local law. No bid protest may be based upon
questions concerning the design documents (drawings and specifications). The Bidder shall
RFQ #21-007 Residential C&D Franchise 10
clarify all questions concerning the design documents of the project prior to submitting its
bid.
3. The content of the bid protest shall fully state the factual and legal grounds for the
protest and the legal basis for the relief requested.
4. The bid protest shall be filed with the Procurement Manager not later than five (5)
calendar days after the posting of the notice of intent to award or recommendation of award
by staff, whichever is earlier.
5. The Procurement Manager, on behalf of the City, shall make a determination of the
merits of the protest not later than five (5) business days after receipt of the protest. If the
City denies the protest, the City may proceed with award of the contract unless enjoined
by order of a court of competent jurisdiction.
6. SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to be
provided herein shall comply with all applicable federal, state, and local laws, ordinances,
regulations, orders, and decrees, including, without limitation, such of the following acts
as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor
Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances
Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental
regulations.
a) All Franchisees are required to comply with the Code of Federal Regulations (CFR)
provisions found in U.S. Department of Labor, Occupational Safety and Health
Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General
Industry Standards that are applicable in construction work.
b) The Franchisee is not only responsible for the safety aspects of his operation and
employees, but also that of all subcontractors on the job site.
c) The Franchisee must assure that a certified first aid person is designated, phone
numbers of physicians, hospital, and ambulance services are posted (copy to
Personnel Director, City of Ocoee), and that a first aid kit is available.
d) The Franchisee shall provide personal protective equipment that may be required for
jobs in progress.
e) The Franchisee shall observe the speed limit on City property.
f) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle
indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and
other items in accordance with OSHA 1926.550 and ANSI B30.5.
7. DRUG-FREE WORKPLACE:
Provide a statement concerning the Respondent’s status as a Drug-Free Work Place or
evidence of an implemented drug-free workplace program.
8. CONTRACT:
The successful Respondent(s) will be required to enter into a Franchise Agreement with
the City. The proposed Franchise Agreement is attached. All applicable laws and
RFQ #21-007 Residential C&D Franchise 11
regulations of the United States, the State of Florida, and the City of Ocoee will apply to
any resulting Agreement. By entering into this contract, the awarded bidder is obligated to
comply with the provisions of Section 448.095, Fla. Statutes, "Employment Eligibility." This
includes, but is not limited to utilization of the E-Verify System to verify the work
authorization status of all newly hired employees, and requiring all subcontractors to
provide an affidavit attesting that the subcontractor does not employ, contract with, or
subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to
termination of this contract, or if a subcontractor knowingly violates the statute, the
subcontractor must be terminated immediately
9. CERTIFICATION OF NON-SEGREGATED FACILITIES
a) Respondent certifies that it does not and will not maintain or provide any segregated
facilities for the Respondent’s employees at any of the Respondent’s establishments,
and that Respondent does not permit Respondent’s employees to perform their
services at any location under the Respondent’s control where segregated facilities
are maintained. Respondent agrees that a breach of this certification will be a violation
of the Equal Opportunity clause in any contract resulting from acceptance of its
qualification statement. As used in this certification, the term “segregated facilities”
means any waiting room, work areas, time clocks, locker rooms, other storage and
dressing areas, parking lots, or drinking facilities provided for employees that are
segregated on the basis of race, color, religion, national origin, habit, local custom, or
otherwise. Respondent agrees that (except where Respondent has obtained identical
certification from proposed contractors for specific time periods) Respondent will
obtain identical certifications from proposed subcontractors prior to the award of such
contracts exceeding $10,000 that are not exempt from the provisions of the Equal
Opportunity clause, and that Respondent will retain such certifications in Respondent’s
files.
b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order
11246, and as amended by Executive Order 11375 and as amended, relative to Equal
Opportunity for all persons and implementations of rules and regulations prescribed
by the U.S. Secretary of labor, are incorporated herein.
10. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION:
a) Respondent declares that the only persons or parties interested in their proposal are
those named herein, that this proposal is, in all respects, fair and without fraud and
that it is made without collusion with any other vendor or official of the City of Ocoee.
Neither the Affiant nor the above-named entity has directly or indirectly entered into
any agreement, participated in any collusion, or otherwise taken any action in restraint
of free competitive pricing in connection with the entity’s submittal for the above
project. This statement restricts the discussion of pricing data until the completion of
negotiations and execution of a contract for the described services.
b) Respondent certifies that no City Commissioner, other City Official, or City employee
directly or indirectly owns assets or capital stock of the Responding entity, nor will
directly or indirectly benefit by the profits or emoluments of this proposal. (For
purposes of this paragraph, indirect ownership or benefit applies to any
members of his or her immediate family)
c) Respondent certifies that no member of the entity’s ownership or management is
presently applying for an employee position or actively seeking an elected position
RFQ #21-007 Residential C&D Franchise 12
with the City. In the event that a conflict of interest is identified in the provision of
services, Respondent agrees to immediately notify the City in writing. Respondent
must submit the attached Conflict of Interest Statement.
d) Respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this RFQ has occurred, and that the proposal
is made according to the provisions of the RFQ documents, and will meet or exceed
the scope of services, requirements, and standards contained in the RFQ documents.
e) Respondent agrees to abide by all conditions of the negotiation process. In conducting
negotiations with the City, Respondent offers and agrees that if this negotiation is
accepted, the Respondent will convey, sell, assign, or transfer to the City all rights,
title, and interest in and to all causes of action it may now or hereafter acquire under
the anti-trust laws of the United States and the State of Florida for price fixing relating
to the particular commodities or services purchased or acquired by the City. At the
City’s discretion, such assignment shall be made and become effective at the time the
City tenders final payment to the Respondent. The proposal constitutes a firm and
binding offer by the Respondent to perform the services as stated.
11. PUBLIC ENTITY CRIME STATEMENT:
a) All bids, as defined by Section 287.012(11), Florida Statutes, requests for bids, as
defined by Section 287.012(16), Florida Statutes, and any contract document
described by Section 287.058, Florida Statutes, shall contain a statement informing
persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes,
which reads as follows:
“A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of public
building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.”
b) All Respondents that submit a Statements of Qualifications to the City of Ocoee are
guaranteeing that they have read the previous statement and by signing the submitted
documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes.
12. PERMITS/LICENSES/FEES:
a) Any permits, licenses or fees required will be the responsibility of the Franchisee; no
separate payments will be made. Permit fees are waived for any City of Ocoee permits
required.
RFQ #21-007 Residential C&D Franchise 13
b) The City requires a City of Ocoee contractor registration if permitting is required.
Please contact the City’s Building Department at (407)905-3100 extension 1000,
directly for information concerning this requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the
responsibility of the Franchisee.
13. STANDARD INSURANCE REQUIREMENTS:
The Franchisee shall not commence any work in connection with an Agreement until all
of the following types of insurance have been obtained and such insurance has been
approved by the City, nor shall the Franchisee allow any Subcontractor to commence work
on a subcontract until all similar insurance required of the subcontractor has been so
obtained and approved. Policies other than Workers’ Compensation shall be issued only
by companies authorized by subsisting certificates of authority issued to the companies
by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better
and a Financial Size Category of “VII” or better according to the A.M. Best Company.
Policies for Workers’ Compensation may be issued by companies authorized as a group
self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the Franchisee and/or
subcontractor providing such insurance.
b) Workers’ Compensation Insurance: The Franchisee shall obtain during the life of this
Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of
$500,000/$500,000/$500,000 for all the Franchisee’s employees connected with the
work of this project and, in the event any work is sublet, the Franchisee shall require
the subcontractor similarly to provide Workers’ Compensation Insurance for all of the
latter’s employees unless such employees are covered by the protection afforded by
the Franchisee. Such insurance shall comply fully with the Florida Workers’
Compensation Law. In case any class of employees engaged in hazardous work under
the franchise agreement for the City is not protected under the Workers’ Compensation
statute, the Franchisee shall provide, and cause each subcontractor to provide
adequate insurance, satisfactory to the City, for the protection of the Franchisee’s
employees not otherwise protected.
▪ Include Waiver of Subrogation in favor of the City of Ocoee
c) Franchisee’s Public Liability and Property Damage Insurance: The Franchisee shall
obtain during the life of the franchise agreement COMMERCIAL AUTOMOBILE
COVERAGE, this policy should name the City of Ocoee as an additional insured, and
shall protect the Franchisee and the City from claims for damage for personal injury,
including accidental death, as well as claims for property damages which may arise
from operations under the franchise agreement whether such operations be by the
Franchisee or by anyone directly or indirectly employed by the Franchisee, and the
amounts of such insurance shall be the minimum limits as follows:
1) Automobile Bodily Injury Liability & Property Damage Liability
▪ $1,000,000 Combined single limit per occurrence (each person, each
accident)
▪ All covered automobile will be covered via symbol 1
▪ Liability coverage will include hired & non-owned automobile liability
▪ Include Waiver of Subrogation in favor of The City of Ocoee
RFQ #21-007 Residential C&D Franchise 14
2) Comprehensive General Liability (Occurrence Form) - this policy should name the
City of Ocoee as an additional insured and should indicate that the insurance of
the Franchisee is primary and non-contributory.
▪ $2,000,000 GENERAL AGGREGATE
▪ $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
▪ $1,000,000 PER OCCURRENCE
▪ $1,000,000 PERSONAL & ADVERTISING INJURY
▪ Include Waiver of Subrogation in favor of the City of Ocoee
3) Subcontractor’s Comprehensive General Liability, Automobile Liability and
Worker’s Compensation Insurance: The Franchisee shall require each
subcontractor to procure and maintain during the life of this subcontract, insurance
of the type specified above or insure the activities of these subcontractors in the
Franchisee’s policy, as specified above.
4) Owner’s Protective Liability Insurance: As applicable for construction projects,
providing coverage for the named insured’s liability that arises out of operations
performed for the named insured by independent contractors and are directly
imposed because of the named insured’s general supervision of the independent
contractor. The Franchisee shall procure and furnish an Owner’s Protective
Liability Insurance Policy with the following limits: $1,000,000, and per occurrence,
$2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.
5) Contractual Liability: If the project is not bonded, the Franchisee’s insurance shall
also include contractual liability coverage to insure the fulfillment of the franchise
agreement. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL
INSURED.
▪ $1,000,000 PER OCCURRENCE
▪ $2,000,000 AGGREGATE
6) Commercial Umbrella:
▪ $1,000,000 PER OCCURRENCE
▪ $2,000,000 Aggregate
▪ Including Employer’s Liability and Contractual Liability
7) Builders Risk: As applicable for construction projects:
▪ $100,000 Any (1) Location
▪ $1,000,000 Any (1) Occurrence
8) Certificates of Insurance: Certificate of Insurance Form (see sample below),
naming the City of Ocoee as an additional insured will be furnished by the
Franchisee upon notice of award. These shall be completed by the authorized
Resident Agent and returned to the Office of the Purchasing Agent. This certificate
shall be dated and show:
i) The name of the Insured Franchisee, the specific job by name and job
number, the name of the insurer, the number of the policy, its effective date,
its termination date.
ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30)
days prior to any material changes in provisions or cancellation of the policy,
except ten (10) days written notice of cancellation for non-payment of
premium.
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RFQ #21-007 Residential C&D Franchise 15
RFQ #21-007 Residential C&D Franchise 16
14. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), bid disputes, or contract dispute(s) filed by
or against the Respondent in the past three (3) years that is related to the services that
the Respondent provides in the regular course of business. The summary shall state the
nature of the litigation, claim, or contact dispute, a brief description of the case, the
outcome or projected outcome, and the monetary amounts involved. If none, please so
state. (Attach additional sheets, if necessary)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
15. ACKNOWLEDGMENT OF ADDENDA:
Respondent acknowledges receipt of the following addenda:
No._____________ Dated _____________________
No._____________ Dated _____________________
No._____________ Dated _____________________
16. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee
properties, including whether owned or leased. If leased please provide name of lessor.
RFQ #21-007 Residential C&D Franchise 17
17. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK:
The Respondent shall complete the following blanks regarding experience with similar
type of work. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three (3) years.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT’S NAME AND ADDRESS/
TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT
________________________________________________________________
Have you any similar work in progress at this time? Yes___ No ___.
Length of time in business_________ years _________ months.
Bank or other financial references:
(Attach additional sheets if necessary)
RFQ #21-007 Residential C&D Franchise 18
RESPONDENT:__________________________________
18. CONTRACT REFERENCES CONTACT INFORMATION
List below firms with whom you have contracted for solid waste collection services within the past
or with whom you are presently contracting.
1. COMPANY NAME: _____________________________________
ADDRESS: _____________________________________
_____________________________________
CONTACT PERSON: _____________________________________
PHONE NO.: _____________________________________
_____________________________________
2. COMPANY NAME:
_____________________________________
ADDRESS: _____________________________________
_____________________________________
CONTACT PERSON: _____________________________________
PHONE NO.: _____________________________________
_____________________________________
3. COMPANY NAME:
_____________________________________
ADDRESS: _____________________________________
_____________________________________
CONTACT PERSON: _____________________________________
PHONE NO.: _____________________________________
RFQ #21-007 Residential C&D Franchise 19
RESPONDENT:__________________________________
19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT
1. Do you have any clarifications and exceptions to the proposed Franchise Agreement?
_____ Yes _____ No
If yes, will you enter in the Franchise Agreement if the City does not accept any of the
exceptions/changes requested?
______ Yes ______ No
If yes, state below all clarifications and exceptions.
RFQ #21-007 Residential C&D Franchise 20
20. SUBMITTALS:
Qualifications packages should be designed to portray to the City how the respondent’s services
can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services
given above. In order for the City to evaluate the qualification package, each Respondent should
provide information relative to their ability to provide services that will best meet the needs of the
City. The submission materials should include the following, and missing material may cause
your submission to be evaluated accordingly:
Each Statements of Qualifications shall contain the following either on this form or on separate
signed and numbered sheets attached to this form:
1. A statement of experience and qualifications in waste management and residential
construction and demolition debris removal services.
2. A description of equipment and reserve equipment proposed to be used to service the
accounts within City of Ocoee under the terms of the franchise agreement. Include a
description of the proposed dumpsters and containers.
3. Whether the proposed equipment to be used is currently owned or leased by the Proposer
and whether it will be owned or leased during the term of the franchise. If leased, indicate
the lessor of the proposed equipment.
4. Indicate whether within the past three (3) years you had a franchise or other agreement
terminated by a governmental entity due to a default or alleged default? If yes, provide
explanation.
5. List all franchise and other agreements which you currently have in place with
governmental entities within the State of Florida. If more than five (5), list the five largest
accounts.
6. If you have any clarifications or exceptions to the form of franchise agreement, so indicate
on a separate sheet labeled “Clarifications and Exceptions to Franchise Agreement”. If
you have clarifications and exceptions, indicate if you will enter into the franchise
agreement as prepared by the City if the City does not accept any exceptions or changes
requested.
7. Use the attached Contract References Form to provide three references with which you
have contracted for solid waste commercial and multi-family collection services.
8. Attach a copy of a valid business or occupational license.
9. Attached the forms listed on Table of Contents and included with this RFQ required to be
submitted with your response. Also attach your company’s Drug-Free Workplace
program.
10. Attach a current Financial Statement in a separate uploaded file. The financial statements
will be kept confidential as they are exempt from the Florida public records law, and will
be destroyed/deleted within five (5) days after award of the franchise.
RFQ #21-007 Residential C&D Franchise 21
21. EVALUATION CRITERIA:
The City shall select the responses which is determined to meet the best interest of the
City based on the following factors:
1. The proven ability of the Proposer to efficiently provide residential construction and
demolition debris services including verifiable references for the past (3) years.
(0 - 40 points)
2. The type and amount of equipment proposed to be used by the Proposer; (0 - 30 points)
3. The financial stability of the Proposer; (0 - 30 points)
Responses will be reviewed by an evaluation committee appointed by the City Manager
and will be ranked in accordance with the established evaluation criteria. Date, time, and
location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed
publicly and on Negometrix4. The evaluation committee shall supply a ranked list of the
proposing firms and a recommendation regarding which firm(s) should be selected by the
City Commission. The franchise agreement may be awarded to multiple franchisees, as
determined by the City Commission, according to the evaluation criteria listed in this RFQ.
Please be aware that all City Commission meetings are duly noticed public meetings and
that all documents submitted to the City as a part of a response to a solicitation constitute
public records under Florida law.
The City reserves the right, before awarding the franchise agreement, to require a
Respondent to submit such additional evidence of its qualifications, as the City may deem
necessary. The City shall be the sole judge of the competency of Respondents. All
successful Respondents shall be required to execute an agreement that provides, among
other things, for all plans, drawings, reports, and specifications resulting from
Respondent’s services to the City are to become the property of the City.
Award, if made, will be to the responsible and qualified Respondent whose Statements of
Qualifications is responsive to this Invitation and is in the best interest of the City based
on the factors set forth in this RFQ, City Ordinances and in the franchise agreement.
The award of the franchise pursuant to this RFQ is subject to the provisions of the Charter
of the City requiring a public hearing preceded by at least thirty (30) days notice of the
hearing and the proposed action by publication once a week for four (4) consecutive
weeks in a newspaper of general circulation in the City of Ocoee.
Within ten (10) days after written notice of award you will be required to submit the
following: (1) Executed Franchise Agreement in the form attached with any clarifications
and exceptions agreed to by the City; (2) Evidence of insurance in compliance with the
Franchise Agreement; and (3) Executed Performance Bond.
RFQ #21-007 Residential C&D Franchise 22
EXHIBIT A
SCOPE OF WORK
RFQ #21-007
EXCLUSIVE FRANCHISE FOR RESIDENTIAL
CONSTRUCTION & DEMOLITION DEBRIS REMOVAL
This is an Invitation for statements of qualifications for the exclusive provision of Residential
Construction and Demolition Debris Removal within the corporate limits of the City of Ocoee,
Florida, as defined in chapter 403.703 Florida Statutes as amended from time to time, from
residential locations where the volume of debris is sufficient to require the use of a roll-off or other
similar on-site storage container, as determined by the City. The City has complied with the
provisions of Section 403.70605, Florida Statutes, and approved on June 7, 2011 to proceed with
the residential construction and demolition debris removal franchise. Pursuant to Section 143-12
of Chapter 143 of the Code of Ordinances of the City of Ocoee, the City seeks to enter into a
franchise agreement with multiple persons or entities, as determined by the City Commission, to
provide the aforementioned services within the City. Note this RFQ does not include commercial
construction and demolition debris removal.
The estimated total revenue for this franchise is $75,000 - $100,000. The term of the existing
Franchise expires June 7, 2021. The term of this new Franchise is to commence on or around
July 2021. The Franchisee shall pay to the City a franchise fee equal to twenty percent (20%) of
the fees and charges actually collected by the Franchisee from customers for services rendered
pursuant to the franchise granted by the City. Franchise fees will begin after the first full month’s
billings. The rates to be charged for the residential construction and demolition debris removal
services will be as reasonably determined by the franchisee(s).
Residential Premises:
1. New or existing single-family residential units.
2. New or existing multiple-family residential units containing fewer than four single-family
residential units.
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RFQ #21-007 Residential C&D Franchise 23
RFQ CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must
disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner,
other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the
Proposer’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments
of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.)
Proposer certifies that no member of the entity’s ownership or management is presently applying for an
employee position or actively seeking an elected position with the City. In the event that a conflict of
interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts
of interest for the City Commission, Evaluation Committee members, and other key City employees and
consultants involved in the award of this contract.
According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which
regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations
in which financial or other personal considerations may adversely affect, or have the appearance of
adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in
administration, management, instruction, research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest
for this Proposal.
_________ The undersigned firm, by attachment to this form, submits information which may be a
potential conflict of interest for this Proposal.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
RFQ #21-007 Residential C&D Franchise 24
Exhibit C
RFQ #21-007 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR
STATEMENTS OF QUALIFICATIONS. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND
UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL
RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING FRANCHISE AGREEMENT
WITH THE CITY OF OCOEE.
__________________________________ ______________________________________
COMPANY NAME TELEPHONE (INCLUDE AREA CODE)
__________________________________
FAX (INCLUDE AREA CODE)
__________________________________
E-MAIL ADDRESS
_________________________________ IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
________________________________
NAME/TITLE (PLEASE PRINT) ____________________________________________
________________________________ ____________________________________________
STREET ADDRESS
________________________________
CITY STATE ZIP
FEDERAL ID #___________________
_____Individual _____Corporation _____Partnership _____Other (Specify)________________________
Sworn to and subscribed before me this ________day of _______________, 20____.
Personally Known___________ or
Produced Identification_________
____________________________ Notary Public - State of _______
(Type of Identification) County of __________________
___________________________
Signature of Notary Public
___________________________
Printed, Typed or Stamped Commissioned
Name of Notary Public
RFQ #21-007 Residential C&D Franchise 25
EXHIBIT D
PROPOSED RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS
REMOVAL FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of
_______________, 2009, between the CITY OF OCOEE, a Florida municipal corporation
(hereinafter referred to as the “City”) and
______________________________________________, a __________ corporation
(hereinafter referred to as the “Franchisee”) for the purposes of granting a franchise for
the collection and removal of residential construction and demolition debris within the
corporate limits of the City, all subject to the terms, conditions and limitations se t forth
herein.
Section 1. Definitions.
For the purposes of this Agreement, all terms and words shall have the meaning
set forth in Chapter 143 of the Ocoee City Code and in the definitions contained in Part
IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to
Part IV of Chapter 403, Florida Statutes, as such statutes and rules may be amended
from time to time.
Section 2. Grant of Franchise.
In consideration of the agreement of the Franchisee to (i) perform the services set
forth in this Agreement, (ii) pay to the City the Franchise Fee set forth in Section 14 hereof,
and (iii) otherwise comply with the terms and conditions of this Agreement, the City hereby
grants to the Franchisee a franchise, including every right and privilege pertaining thereto,
to operate and maintain residential construction and demolition debris services within the
corporate limits of the City, except as provided in Section 12 hereof.
Section 3. Limits of the Franchise.
Except as set forth herein, the franchise covers the corporate limits of the City of
Ocoee. Franchisee agrees that the limits of the franchise are subject to expansion or
reduction by annexation or contraction of municipal boundaries and Franchisee has no
vested right in a specific area. Further, Franchisee acknowledges and agrees that its
right to serve certain lands hereto or hereafter annexed by the City which were the subject
of a residential construction and demolition debris services franchise with Orange County
which was in effect at least 6 months prior to the initiation of annexation is limited by the
provisions of Section 171.062(4), Florida Statutes, as it may from time to time be
amended. The provisions of Florida Statute 403.70605 shall also apply.
Section 4. Term.
The franchise shall be granted for an initial term of five (5) years commencing on
___________, 20__ and terminating on ____________, 20__, unless sooner terminated
by the City due to breach of the terms of this Agreement by the Franchisee (“the Initial
Term”). The Initial Term of the franchise may be extended by mutual agreement of the
City and the Franchisee for one additional two (2) year term commencing with the
RFQ #21-007 Residential C&D Franchise 26
expiration of the Initial Term and terminating on ____________, 20__. Should the City
or the Franchisee determine not to extend the term of the franchise beyond the Initial
Term, they shall provide written notice of such intent to the other party no sooner than
twelve (12) months prior to the expiration of the Initial Term and no later than six (6 )
months prior to the expiration of the Initial Term and in the event of such notice the
franchise and this Agreement shall terminate upon expiration of the Initial Term. In the
event neither party gives notice as aforesaid that it does not desire to exte nd the term of
the franchise, then the City and the Franchisee shall enter into an amendment extending
the term of the franchise and this Agreement for an additional 2 -years for a total of 7-
years, such agreement to be entered into at least three (3) month s prior to expiration of
the Initial Term.
Section 5. Collection Services and Operations.
A. Except as set forth in Section 12 hereof, the Franchisee shall provide
residential construction and demolition debris removal services commencing on
__________, 20__. The Franchisee shall transport all residential construction and
demolition debris collected to a properly licensed facility.
B. The Franchisee shall provide all labor, materials, equipment, supervision
and facilities necessary to provide efficient and effective services. The Franchisee
shall pay all costs, expenses, and charges required to perform the services and
dispose of the collected materials including the disposal charges and “tipping fees”
at the facility. The Franchisee shall comply with all applicable local, state and
federal statutes, laws, ordinances, rules and regulations. By entering into this
contract, the awarded bidder is obligated to comply with the provisions of Section
448.095, Fla. Statutes, "Employment Eligibility." This includes, but is not limited to
utilization of the E-Verify System to verify the work authorization status of all newly
hired employees, and requiring all subcontractors to provide an affidavit attesting
that the subcontractor does not employ, contract with, or subcontract with, an alien
unauthorized to work in the USA. Failure to comply will lead to termination of this
contract, or if a subcontractor knowingly violates the statute, the subcontractor
must be terminated immediately.
Section 6. Equipment.
A. The Franchisee shall have on hand at all times and in good working
order such equipment as shall permit the adequate and efficient performance of the
required services. Equipment shall be obtained from nationally known and recognized
manufacturers of collection and disposal equipment. The Franchisee shall have available
reserve equipment which can be put into service in the event of any breakdown. Vehicles
used to provide the services shall be marked with the name of the Franchisee, business
telephone number and the number of the vehicle in letters not less than five (5) inches
high on each side of the vehicle.
RFQ #21-007 Residential C&D Franchise 27
B. The Franchisee shall provide all receptacles, containers, or
dumpsters necessary for the collection of all residential construction and demolition
services.
Section 7. Complaints.
The Franchisee shall assign a qualified person or persons to be in charge of operations
within the service area. The Franchisee shall give the name and qualifications of these
persons to the City. The Franchisee shall institute a system for addressing complaints
from within the City which shall include informing each customer and the City of the phone
number at which complaints will be received. Such phone will be promptly answered at
a minimum from 8:00 a.m. to 5:00 p.m., Monday through Friday. In the event that the
Franchisee is unable to promptly resolve any such complaints the Franchisee shall
promptly notify the City of the nature of the complaint and the attempts made to resolve
the complaint.
Section 8. Personnel.
A. The Franchisee shall require its employees to serve the public in a
courteous, helpful and impartial manner.
B. Franchisee collection employees shall wear dress uniforms bearing
the company name during working hours.
C. Each person employed to operate a vehicle shall at all times carry a
valid Florida Driver’s License for the type of vehicle being operated.
D. The Franchisee’s collection employees will be required to remain on
public right-of-ways and the premises of its customers. No trespassing by employees will
be permitted on private property. Care shall be taken to prevent damage to property,
including receptacles, trees, shrubs, flowers and other plants.
Section 9. Spillage.
The Franchisee shall not litter or cause any spillage to oc cur upon the premises or the
rights-of-way wherein the collection occurs. During hauling, all residential construction
and demolition debris shall be contained, tied or enclosed so that leaking, spilling and
blowing is prevented. In the event of any spillage caused by the Franchisee, the
Franchisee shall promptly clean up all spillage at its sole cost and expense. In the event
that the Franchisee fails to promptly clean up spillage, then the City may do so and the
Franchisee shall pay the City all costs and expenses incurred by the City in connection
therewith.
Section 10. Excluded Debris.
Hazardous waste, biological waste, used oil and yard trash are expressly excluded from
the franchise granted herein.
Section 11. Subcontractors.
RFQ #21-007 Residential C&D Franchise 28
Subcontractors shall be allowed only with the prior approval of the City Commission which
consent may be granted or withheld in the discretion of the City Commission. The consent
of the City Commission shall not be construed as making the City a part of such
subcontract or subjecting the City to liability of any kind to any subcontractor.
Section 12. Rates and Charges.
A. Rates to be charged for the residential construction and demolition
debris services to be performed under this Agreement are as set forth in Exhibit “A”
attached hereto and by this reference made a part hereof.
B. The Franchisee, at its sole cost and expense, shall be solely
responsible for the billing and collection of all fees and charges payable to the Franchisee
by customers for services rendered pursuant to this Agreement. The Franchisee shall
use its best efforts to bill and collect all such fees on a monthly basis unless otherwise
agreed to in writing by the City.
C. In consideration for the grant of this franchise and the execution of
this Agreement by the City, the Franchisee agrees to pay to the City a franchise fee equal
to TWENTY PERCENT (20%) of the fees and charges actually collected by the
Franchisee from customers for services rendered pursuant to the franchise granted by
this Agreement (the “Franchise Fee”). The Franchisee shall pay the Franchise Fee to
the City on or before the tenth (10th) day of each month with respect to the fees and
charges actually collected by the Franchisee during the previous month. Such payment
shall be transmitted on a City approved form and shall include a certification by the
Franchisee of the fees and charges actually collected during the prior month and such
other information as may be required by the City. Failure of the Franchisee to make timely
payment to the City of the Franchise Fee or falsification of the certification regarding fees
and charges actually collected shall constitute a default by the Franchisee of this
Agreement.
Section 13. Books and Records.
A. The Franchisee shall keep complete books and records at its place
of business in Central Florida, setting forth a true and accurate account of all business
transactions arising out of or in connection with this Agreement, including but not limited
to a complete customer account listing and a record of all fees and charges billed and
collected, all in accordance with good business practices and generally accepted
accounting principles. The City shall have the right to have access to and inspect and
copy the contents of said books and records during normal business hours. Upon thirty
(30) days written request from the City, the Franchisee shall provide the City with a
complete customer account listing and a record of all fees and charges billed and
collected during the prior twelve (12) months.
B. The Franchisee shall annually submit to the City an audited financial
statement with respect to all business transactions arising out of or in connection with this
Agreement, which shall have been prepared by an independent certified public
accountant reasonably acceptable to the City. The financial statement shall include a
RFQ #21-007 Residential C&D Franchise 29
determination of all fees and charges billed and collected by the Franchisee pursuant to
the franchise granted by this Agreement and the Franchise Fees due to the City pursuant
to this Agreement. Each such audited financial statement shall be based on the City’s
fiscal year of October 1 to September 30 and shall be submitted to the City on or before
December 31 of each year except that the last such audit shall be submitted within s ixty
(60) days after the termination of this Agreement.
Section 14. Assignment.
This Agreement and the rights and privileges hereunder shall not be assigned or
otherwise transferred by Franchisee except with the express written approval of the City.
The City reserves the right in its sole and absolute discretion to approve or disapprove
any such requested assignment or transfer of this Agreement. The City may require that
any proposed assignee submit similar documentation to that provided by the franch isee
at the time of award of the franchise. No assignment or transfer shall be effective until
the assignee or transferee has executed with the City an Agreement of Acceptance,
subject to approval by the City, evidencing that the assignee or transferee ac cepts the
assignment or transfer subject to all of the terms, conditions and limitations imposed
herein. Any such assignment or transfer shall be in form and content subject to the
approval of the City.
Section 15. Indemnification.
Franchisee shall indemnify, defend and hold completely harmless the City, its elected
representatives, officers, employees and agents of each, from and against any and all
liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and
expenses (including all costs for investigation and defense thereof, including, but not
limited to court costs, expert fees and reasonable attorneys fees and paralegal fees and
attorneys and paralegal fees on appeal) which may be incurred by, charged to or
recovered from any of the foregoing (i) by reason or on account of damage to or
destruction of any property of the City, or any property of, injury to or death of any person
resulting from or arising out of the performance under this Agreement, or the acts or
omissions of Franchisee officers, agents, employees, subcontractors, licensees or
invitees, regardless of where the damage, destruction, injury or death occurred, unless
such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was
proximately caused solely by City’s negligence or by the joint negligence of City and any
person other than Franchisee or Franchisee’s officers, agents, employees,
subcontractors, licensees or invitees, or (ii) arising out of the failure of Franchisee to keep,
observe or perform any of the covenants or agreements herein to be kept, observed or
performed by Franchisee. City agrees to give Franchisee reasonable notice of any suit
or claim for which indemnification will be sought hereunder, to allow Franchisee or its
insurer to compromise and defend the same to the extent of its interests and to reasonably
cooperate with the defense of any such suit or claim. The provisions of this Section shall
survive the expiration or earlier termination of the term of this Agreement with r espect to
any acts or omissions occurring during the term of this Agreement. Nothing set forth is
this Agreement shall be deemed or construed as a waiver of sovereign immunity by the
RFQ #21-007 Residential C&D Franchise 30
City and the City shall have and maintain at all times and for all purpo ses any and all
rights, immunities and protections available under controlling legal precedent and as
provided under Section 768.28, Florida Statutes and other applicable law.
Section 16. Performance Bond.
The Franchisee shall, without expense to the City, furnish a performance bond in a form
acceptable to the City as security for the performance of this Agreement. Said
performance bond will be in the amount of TW ENTY THOUSAND AND NO/100
DOLLARS ($20,000.00). All premiums for the performance bond shall be paid by the
Franchisee. This performance bond shall be written by a surety company licensed to do
business in the State of Florida and approved by the City and shall be maintained in full
force and effect throughout the term of this Agreement.
Section 17. Nondiscrimination.
The Franchisee agrees that it has adopted and will maintain and enforce a policy of
nondiscrimination on the basis of race, color, religion, sex, age, handicap or national
origin.
Section 18. Insurance.
The Franchisee, at all times during the term of this Agreement, shall meet the following
requirements:
• Maintain all insurance coverage required by this Agreement and the RFQ to which
this Agreement and the award of the franchise was based on (the “RFQ”).
• Maintain any additional coverage required by the City.
• Name the City as an additional insured on all liability policies required by this
Agreement. When naming the City as an additional insured, the insurance
companies shall agree and will endorse the policies to state that the City will not
be liable for the payment of any premiums or assessments.
• Make no change or cancellation in insurance without thirty (30) days prior written
notice to the City.
• File original signed Certificates of Insurance, evidencing such coverage and
endorsements as required herein with the City for approval before work is started.
The certificate must state the Proposal Number and Title. Upon expiration of the
required insurance, the Franchisee must submit updated certificates of insurance
during the term of this Agreement.
It is understood and agreed that all policies of insurance provided by the Franchisee are
primary coverage to any insurance or self-insurance the City possesses that may apply
to a loss resulting from the work performed under this Agreement.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure and shall be made available to the City upon request to
the Franchisee. No deductibles will be allowed in any policies issued on this Agreement
RFQ #21-007 Residential C&D Franchise 31
unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City.
Compliance by the Franchisee with the foregoing requirements as to carrying insurance
and furnishing copies of the insurance policies shall not relieve the Franchisee of its
liabilities and obligations under any section or provision of this Agreement or under
applicable law.
Insurance coverage required shall be in force throughout the term of thi s Agreement.
Should the Franchisee fail to provide acceptable evidence of current insurance within
seven (7) days of receipt of written notice at any time during the term, the City shall have
the right to consider this Agreement breached and declare a default by the Franchisee.
If the Franchisee does not meet the insurance requirements of this Agreement, alternate
insurance coverage, satisfactory to the City, may be considered.
Section 19. Default and Termination.
A. In the event that:
(1) the Franchisee shall fail to keep, perform and observe each
and every promise, covenant and agreement set forth in this
Agreement applicable to the Franchisee, and such failure
shall continue for a period of more than five (5) days after
delivery to the Franchisee of a written notice of such breach
or default;
(2) the Franchisee’s occupational or business licenses shall
terminate for any reason;
(3) the Franchisee shall become insolvent, or shall take the
benefit of any present or future insolvency statutes, or shall
make a general assignment for the benefit of creditors, or file
a voluntary petition in bankruptcy or a petition or answer
seeking an arrangement for its reorganization, or the
readjustment of its indebtedness under the Federal
Bankruptcy laws, or under any other law or statute of the
United States or any State thereof, or shall consent to the
appointment of a receiver, trustee or liquidator of all or
substantially all of its property; or
(4) the Franchisee shall have a petition under any part of the
Federal Bankruptcy laws, or an action under any present or
future insolvency laws or statute, filed against it, which petition
is not dismissed within thirty (30) days after the filing thereof;
RFQ #21-007 Residential C&D Franchise 32
then in any of such events, the City, in its discretion, shall have the right to: (i) seek
specific performance of this Agreement, (ii) terminate this Agreement for Default, which
termination shall be effective twenty-four (24) hours after written notice of such
termination is given to the Franchisee, or (iii) pursue such other actions and remedies as
may be permitted by law, including an action for actual damages incurred or suffered by
the City. In the event the City elects to terminate this Agreement, then the City may, at
its option, delay the effective date of termination for default until the first day of the month
following the date on which written notice of such termination is given to the Franchisee.
The City shall specify the termination date on its written notice of termination.
B. In the event that the City shall fail to keep, perform, and observe each
and every promise, covenant and agreement set forth in this Agreement applicable to the
City, and such failure shall continue for a period of more than thirty (30) days after delivery
to the City of a written notice of such breach, then the Franchisee may, as its sole and
exclusive remedy, seek specific performance of this Agreement. It is expressly agreed
that the Franchisee shall not be entitled to terminate this Agreement or seek damages
against the City in the event of a default by the City.
C. In the event that a dispute arises between the City and the
Franchisee, or any interested party, in any way relating to this Agreement, the Franchisee
shall continue to render service in full compliance with all t erms and conditions of this
Agreement regardless of the nature of the dispute. The Franchisee shall be liable to the
City for all costs reasonably incurred in providing collection and disposal service should
the Franchisee fail to provide such services.
D. Upon termination of this Agreement the Franchisee shall cooperate
with the City in order to ensure an orderly transition of all commercial and multi -family
solid waste accounts to such new franchisee(s) as may be designated by the City.
Section 20. Attorneys’ Fees.
In the event that either party finds it necessary to commence an action against the other
party to enforce any provisions of this Agreement or because of a breach by the other
party of any of the terms hereof, the prevailing party shall be en titled to recover from the
other party its reasonable attorneys’ fees, paralegal fees and costs incurred in connection
therewith, at both trial and appellate levels, including bankruptcy proceedings and the
right to such reasonable attorneys’ fees, paralegal fees and costs shall be deemed to
have accrued from the commencement of such action and shall be enforceable whether
or not such action is prosecuted to judgment.
Section 21. Notices.
All notices and approvals which any party shall be required or shall desire to make or give
under this Agreement shall be in writing and shall be made or given (i) by certified mail,
postage prepaid, return receipt required, (ii) by hand delivery to named individuals
representing the party to be notified, or (iii) by private parcel (next day) delivery service.
Notices, including notice of a change of address or phone number, shall be addressed or
RFQ #21-007 Residential C&D Franchise 33
transmitted to the addressees set forth below, or that a party may otherwise designate in
the manner prescribed herein:
As to the City: City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: Public Works Director
Phone: (407) 905-3100 Ext. 6002
As to Franchisee:
______________________________
______________________________
______________________________
______________________________
______________________________
Notices and approvals given or made as aforesaid shall be deemed to have been given
and received on the date of actual receipt.
Section 22. Combination of Solid Waste.
The City shall not be responsible for any contamination of loads which are collected by
the Franchisee (i.e., mixing of recyclable materials, yard trash, construction and
demolition debris or other materials which are required to be separated prior to disposal
under applicable federal, state and local statutes, laws, ordinances, rules and
regulations).
Section 23. Miscellaneous.
A. Time is of the essence with respect to all matters set forth in this
Agreement.
B. The Franchisee is not, and shall not for any purpose be, the agent of
the City and shall have no power or authority to bind the City in any manner whatsoever.
C. This Agreement embodies and constitutes the entire understandings
of the parties with respect to the matters con templated herein, and all prior or
contemporaneous agreements, understandings, representations, and statements, oral or
written, are merged into this Agreement. Neither this Agreement nor any provisions
hereof may be waived, modified, amended, discharged, or terminated except by an
instrument in writing signed by the party against whom the enforcement of such waiver,
modification, amendment, discharge, or termination is sought except by an instrument in
writing signed by the party against whom the enforcement of such waiver, modification,
amendment, discharge, or termination is sought, and then only to the extent set forth in
such instrument.
D. It is stipulated and agreed between the parties that this Agreement
shall be interpreted and construed in accordance with the laws of the State of Florida and
RFQ #21-007 Residential C&D Franchise 34
any trial or other proceeding with respect to this Agreement shall take place in the State
of Florida with venue in Orange County, Florida.
E. Captions of the sections and subsections of this Agreement are fo r
convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction or meaning of the
provisions of this Agreement.
F. The City shall not be responsible for any contamination of solid waste
pick-ups with recyclable materials.
G. The City has been induced by Franchisee to enter into this
Agreement by submittal of that certain response to request for proposals dated
______________, 20__, said response being incorporated herein by reference and made
a part of this Agreement. The Franchisee warrants and represents that the information
submitted in said response to request for proposals remains true and correct as of the
date hereof.
H. In the event of a conflict betwee n the provisions of this Agreement
and the terms of the RFQ, the provisions of this Agreement shall apply.
I. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, but all of which together shall const itute one
and the same instrument.
J. This Agreement is considered a non-exclusive Agreement between
the parties.
Section 24. Waiver of Jury Trial.
Franchisee hereby voluntarily and intentionally waives the right to a trial by jury in
respect to any litigation arising out of, under, or in connection with this Agreement
or in connection with any course of conduct, course of dealing, statements
(whether verbal or written) or action of either party, whether in connection with this
Agreement or otherwise unrelated thereto. This Waiver of Jury Trial shall be
binding upon all successors and assigns of the parties hereto.
Section 25. Severability.
If any part, section, subsection, or other portion of this Agreement except for the
provisions of Section 12 hereof is declared void, unconstitutional, or invalid for any
reason, such part, section, subsection or other portion, or the prescribed application
thereof, shall be severable, and the remaining provisions of this Agreement, and all
applications thereof not having been declared void, unconstitutional or invalid shall remain
in full force and effect. The City and Franchisee declare that no invalid or prescribed
provision or application was an inducement at the execution of this Agreement, and that
they would have executed this Agreement, regardless of the invalid or prescribed
RFQ #21-007 Residential C&D Franchise 35
provision or application. In the event any part, subsection or other portion of Section 1 2
hereof is declared void, unconstitutional, or invalid for any reason, then either party may
terminate this Agreement upon at least ninety (90) days notice to the other party.
Section 26. Charter Compliance.
The franchise granted pursuant to this Agreement has been awarded following a public
hearing on the proposed franchise preceded by at least th irty (30) days’ notice of the
hearing and the proposed action by publication once a week for four (4) consecutive
weeks in a newspaper of general circulation in the City of Ocoee.
[Signature pages to follow]
RFQ #21-007 Residential C&D Franchise 36
IN WITNESS WHEREOF, the CITY OF OCOEE has caused this Agreement to be
executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto
affixed; and the said Franchisee has caused this Agreement to be executed in its name
by _____________________, its ______ President, atteste d by ___________________,
its ______________ Secretary, and has caused the seal of said corporation to be
hereunto affixed, all as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
CITY OF OCOEE:
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
Signed, sealed and delivered
in the presence of:
FRANCHISEE:
By:
, President
Attest:
, Secretary
(SEAL)
For use and reliance only
by the City of Ocoee, Florida.
Approved as to form and legality
This _____ day of _________, 2021.
Shuffield, Lowman & Wilson, P.A.
_______________________
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
________________, 2021 UNDER
AGENDA ITEM NO. ________
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS
(RFQ) #21-007
EXCLUSIVE FRANCHISE FOR
RESIDENTIAL CONSTRUCTION AND
DEMOLITION DEBRIS REMOVAL
RFQ #21-007 Residential C&D Franchise 2
TABLE OF CONTENTS
RFQ #21-007
EXCLUSIVE FRANCHISE FOR RESIDENTIAL
CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL
RFQ DOCUMENTS
Section Page
Legal Advertisement 3
RFQ Instructions 4 - 6
General Terms & Conditions 7 - 15
Summary of Litigation*, p. 16
Acknowledgement of Addenda*, p.16
Equipment Listing*, p. 16
References/Experience*, p. 17
Contract References Contact Information, *18
Clarifications & Exceptions to Franchise Agreement, *19
SCOPE OF WORK, AND PROPOSED FRANCHISE AGREEMENT
Section Page
Submittals/Evaluation Criteria 20-21
Exhibit A – Scope of Work 22
Exhibit B – Conflict of Interest Disclosure Form* 23
Exhibit C –Company Information and Signature Sheet* 24
Exhibit D – Proposed Franchise Agreement 25-36
*Submit with Response
End Table of Contents
RFQ #21-007 Residential C&D Franchise 3
Request for Qualifications, Legal Advertisement
The City of Ocoee, Florida, (the “City”) is soliciting sealed statements of qualifications for RFQ
#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND
DEMOLITION DEBRIS REMOVAL. Qualification packages will only be accepted
electronically through Negometrix4, a free e-Procurement platform, until 3:00 pm, local time, on
May 11, 2021. Qualification packages received after that time or through any other method will
not be accepted under any circumstances. Qualification packages that have been timely received
will be publicly opened virtually online and the names of the responding firms read aloud at that
time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All
questions regarding this RFQ should be in writing to Joyce Tolbert, CPPB, Procurement Manager,
Finance Department/Purchasing jtolbert@ocoee.org. No Pre-submittal conference is scheduled at
this time. Prospective respondents may secure a copy of the documents required for submitting
statements of qualifications at no charge through Negometrix4 by accessing the City’s published
solicitation page at https://app.negometrix.com/buyer/748. Please visit
https://www.ocoee.org/323/Purchasing for more information. Prospective respondents will be
provided with all information regarding this RFQ, addenda, and changes to the project
requirements through the Negometrix platform. Melanie Sibbitt, City Clerk, Orlando Sentinel
April 18, 2021.
RFQ #21-007 Residential C&D Franchise 4
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS (RFQ) # 21-007
EXCLUSIVE FRANCHISE FOR RESIDENTIAL
CONSTRUCTION & DEMOLITION DEBRIS REMOVAL
A. The City of Ocoee, Florida (City), in conformance the policies and procedures of the City
of Ocoee (City) is soliciting statements of qualifications from qualified companies
(Respondent, Firm, Bidder, Proposer) to provide residential construction and demolition
debris removal services within the corporate limits of the City of Ocoee, Florida.
B. Respondents shall submit one (1) complete electronic copy of their statement of
qualifications, preferably in a single file on the Negometrix4 platform. Financial
Statements should be uploaded separately from your qualification package on the
Negometrix4 platform. Qualification packages must be received by Negometrix4 no later
than 3:00 p.m. (local time) on May 11, 2021. Any qualification package received after
the above-noted time will not be accepted under any circumstances. Any uncertainty
regarding the time a qualification package is received will be resolved against the
Respondent. It shall be the sole responsibility of the Respondent to have the qualifications
package uploaded and submitted on the Negometrix4 e-procurement platform prior to
the due date and time.
File Uploads - All electronic files uploaded must be in a common format accessible by
software programs the City uses. Those common formats are generally described as
Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt
or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure,
password protect or lock uploaded files; the City must be able to open and view the
contents of the file. Respondents will not disable or restrict the ability of the City to print
the contents of an uploaded file. Scanned documents or images must be of sufficient
quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings,
images or sketches. The City may disqualify any Submittal Response that does not meet
the criteria stated in this paragraph.
C. Prospective respondents may secure a free copy of the documents required for submitting
a response through Negometrix’s Negometrix4 platform by accessing the City’s published
solicitation page at https://app.negometrix.com/buyer/748. Please visit
https://www.ocoee.org/323/Purchasing for more information. Prospective respondents will
be provided with all information regarding this RFQ, addenda, and changes to the project
requirements through the Negometrix4 platform. Partial sets of the documents required
for submitting a statement of qualifications will not be issued. By using Negometrix,
prospective respondents will be provided with all information regarding this RFQ, all
addendums and changes to the project requirements; there is no charge to use the
Negometrix e-procurement platform.
The City utilizes Negometrix, an e-procurement platform, Negometrix4 version. The City
is ONLY accepting electronic solicitation responses online through the City’s
Negometrix4 platform at https://app.negometrix.com/buyer/748. This link can also be
accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the
Current Open Solicitations menu. All responses for this bid MUST be submitted
through the Negometrix4 platform. Bid/RFP/RFQ submissions received in any other
format will not be accepted; no paper, fax, or e-mailed submissions will be
RFQ #21-007 Residential C&D Franchise 5
accepted. There is no charge to use the Negometrix electronic bid submission
platform.
Registration with Negometrix is free and is required prior to submitting a RFQ
response. You will be required to register once you click the PARTICIPATE BUTTON in
the solicitation file. It is suggested your company register no later than 24 hours in
advance of the RFQ submission deadline to ensure proper registration. Should your
company need assistance with registering, please contact the Negometrix Service Desk
by calling (724) 888-5294 or by emailing servicedesk.us@negometrix.com.
Once your company is registered with Negometrix, you will be able to submit your
bid/proposal/qualification statement securely, anytime before the bid deadline, at
https://app.negometrix.com/buyer/748 by clicking the PARTICIPATE BUTTON under the
solicitation. Qualification Statements submitted on Negometrix4 will remain locked and
inaccessible by City staff until the bid deadline. Respondents are encouraged to allow
ample time to upload and submit your Response as the system will automatically lock
responses upon the bid deadline. A virtual public RFQ opening will be held on the date
and time indicated below. Details on how to access the virtual bid opening will be located
on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings
D. Pre-Proposal Conference: None scheduled at this time.
E. Responses will be reviewed by an evaluation committee appointed by the City Manager
and will be ranked in accordance with the established evaluation criteria. Date, time, and
location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed
publicly and on Negometrix4. The evaluation committee shall supply a ranked list of the
proposing firms and a recommendation regarding which firm(s) should be selected by the
City Commission. The franchise agreement may be awarded to multiple Respondents, as
determined by the City Commission, according to the evaluation criteria listed in this RFQ.
Please be aware that all City Commission meetings are duly noticed public meetings and
that all documents submitted to the City as a part of a response to a solicitation constitute
public records under Florida law. Action on qualification packages is expected to be taken
by the City Commission within ninety (90) days of the submission opening date; however,
no guarantee or representation is made herein as to the time between receipt of the
qualification package and subsequent City Commission action. A more detailed schedule
is given below.
F. All Respondents shall thoroughly examine and become familiar with this RFQ package
and carefully note the items specifically required for submission of a complete Statements
of Qualifications. The City will receive questions regarding this RFQ only through the
Negometrix4 platform in the Question & Answer tab or written inquires directed to Joyce
Tolbert, CPPB, Procurement Manager at jtolbert@ocoee.org. Deadline for receipt of
written inquiries will be May 4, 2021 at 3:00 p.m., local time. Any clarifications/changes
will be only through written addenda issued by the Procurement Manager. Respondents
should not contact City staff, with the exception of the Procurement Manager. In addition,
no contact is permitted with the City Commission, or other City consultants for information
regarding this RFQ before the franchise agreement award date. Any contact with any
other member of the City Staff, City Commission, or its agents during the solicitation,
award, and protest period may be grounds for disqualification
RFQ #21-007 Residential C&D Franchise 6
G. Submission of Statements of Qualifications shall constitute an acknowledgment
that the Respondent has complied with the instructions of this RFQ. The failure or
neglect of a Respondent to receive or examine a document shall in no way relieve it from
any obligations under its Statements of Qualifications or the franchise agreement. No
claim for additional compensation will be allowed based upon a lack of knowledge or
understanding of any of the contract documents or the scope of services. Statements of
Qualifications shall be in compliance with the contract documents and scope of services.
All costs to prepare and submit a response shall be the responsibility of the
Respondent and the City shall make no reimbursement of any kind.
H. Any response by the City to a request for information or correction will be made in the form
of a written addendum, which will be distributed via Negometrix4. It shall be the
responsibility of each Respondent to obtain a copy of all issued addenda. The City
reserves the right to issue addenda concerning the date and time when Statements of
Qualifications acceptance shall close at any time up to the date and time set for
Statements of Qualifications closing. In this case, responses that have been received by
the City prior to such an addendum being issued will be returned to the Respondent, if
requested, unopened. In case any Respondent fails to acknowledge receipt of any
such addendum in the space provided in the RFQ documents, its response will
nevertheless be construed as though the addendum had been received and
acknowledged. Submission of Statements of Qualifications will constitute
acknowledgment of the receipt of the RFQ Documents and all addenda. Only
interpretations or corrections provided by written addenda shall be binding on the City.
Respondents are cautioned that any other source by which a Respondent receives
information concerning, explaining, or interpreting the RFQ Documents shall not bind the
City.
I. Any of the following causes may be considered sufficient for the disqualification and
rejection of a Statements of Qualifications:
a) Submission of more than one (1) response for the same work by an individual, firm,
partnership, or corporation under the same or different name. For purposes of this
subparagraph, firms, partnerships, or corporations under common control may be
considered to be the same entity;
b) Evidence of collusion between or among the Respondents;
c) Being in arrears on any existing contracts with the City or in litiga tion with the City,
or having defaulted on a previous contract with the City;
d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any
other party on prior projects that, in the City’s judgment and sole discretion, raises
doubts as to the Respondent’s ability to properly perform the services; or
e) Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify
disqualification of Respondent or the rejection of its Statements of Qualifications.
J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a qualification statement on an award to provide any goods or services to
a public entity, may not submit a response on an award with a public entity for the
construction or repair of a public building or public work, may not submit qualification
statements on leases of real property to a public entity, may not be awarded or perform
work as a Contractor, Supplier, Subcontractor, or Consultant under an award with any
RFQ #21-007 Residential C&D Franchise 7
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in section 287.017 for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list. [See Florida Statute 287.133
(2) (a).]
K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida
Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and
other applicable State and Federal Laws, all Respondents should be aware that the
RFQ and the responses thereto are in the public domain and are available for public
inspection. Respondents are requested, however, to identify specifically any
information contained in their Statements of Qualifications that they consider
confidential and/or proprietary and which they believe to be exempt from
disclosure, citing specifically the applicable exempting law. All Statements of
Qualifications received in response to this RFQ become the property of the City of
Ocoee and will not be returned. In the event of an award, all documentation produced
as part of the franchise agreement will become the exclusive property of the City.
PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency
subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with
Florida’s Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119,
Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City
all public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public record
to the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City,
upon request from the City’s custodian of public records, in a format that is compatible
with the information technology systems of the City.
5. A Contractor who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150
NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
RFQ #21-007 Residential C&D Franchise 8
L. ACCEPTANCE AND AWARD. The City reserves the right to accept or reject any or
all responses, to waive formalities, technicalities or irregularities, to request
clarification of information submitted in any Statements of Qualifications, or to re-
advertise for new qualifications. The City may accept any item or group of items of
any response, unless the Respondent qualifies its Statements of Qualifications by
specific limitations. The City may accept one or more responses if, in the City’s
discretion, the City determines that it is in the City’s best interest to do so.
The City reserves the right to award a franchise agreement to the Respondent(s)
which, in the City’s sole discretion, is (are) the most responsive and responsible.
The City reserves the right, as an aid in determining which responses are
responsible, to require a Respondent to submit such additional evidence of
Respondent’s qualifications as the City may deem necessary, and may consider
any evidence available to the City of the financial, technical, and other qualifications
and abilities of a Respondent, including past performance (experience) with the City
and others. The City Commission shall be the final authority in the selection of any
and all responses for acceptance and award.
(Remainder of page left blank intentionally).
RFQ #21-007 Residential C&D Franchise 9
RFQ #21-007 GENERAL TERMS & CONDITIONS:
1. BID/PROPOSAL SECURITY:
None Required.
2. PERFORMANCE BOND:
The Franchisee(s) shall, without expense to the City, furnish a performance bond in a form
acceptable to the City as security for the performance of the franchise agreement. Said
performance bond will be in the amount of TWENTY THOUSAND AND NO/100 DOLLARS
($20,000.00). All premiums for the performance bond shall be paid by the Franchisee.
This performance bond shall be written by a surety company licensed to do business in
the State of Florida and approved by the City and shall be maintained in full force and
effect throughout the term of the franchise agreement.
3. PATENT INDEMNITY:
Except as otherwise provided, the successful respondent agrees to indemnify the City and
its officers, agents, and employees against liability, including costs and expenses for
infringement upon any letters patent of the United States arising out of the performance
of this Contract or out of the use or disposal by or for the account of the City or supplies
furnished or construction work performed hereunder, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the Respondent and
persons employed or utilized by the Respondent in the performance of this contract.
Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its
officers, agents, and employees from any suits, actions, damages, and costs of every
name and description, including attorneys’ fees, arising from or relating to violation or
infringement of a trademark, copyright, patent, trade secret, unpatented invention, or
intellectual property right. If the bidder uses any design, device, or materials covered by
letters, patent, or copyright, it is mutually agreed and understood without exception that
the bid price shall include all royalties or cost arising from the use of such design, device,
or materials.
4. AWARD CRITERIA:
The franchise agreement will be awarded to multiple Respondents, as determined by the
City Commission, according to the evaluation criteria listed in this RFQ.
5. BID PROTESTS:
All Bid Protests shall be submitted to the Procurement Manager in the following manner:
1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral
protests shall not be acknowledged.
2. A bid protest shall be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual, its addenda, and other bidding documents;
and/or (b) applicable federal, state, or local law. No bid protest may be based upon
questions concerning the design documents (drawings and specifications). The Bidder shall
RFQ #21-007 Residential C&D Franchise 10
clarify all questions concerning the design documents of the project prior to submitting its
bid.
3. The content of the bid protest shall fully state the factual and legal grounds for the
protest and the legal basis for the relief requested.
4. The bid protest shall be filed with the Procurement Manager not later than five (5)
calendar days after the posting of the notice of intent to award or recommendation of award
by staff, whichever is earlier.
5. The Procurement Manager, on behalf of the City, shall make a determination of the
merits of the protest not later than five (5) business days after receipt of the protest. If the
City denies the protest, the City may proceed with award of the contract unless enjoined
by order of a court of competent jurisdiction.
6. SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to be
provided herein shall comply with all applicable federal, state, and local laws, ordinances,
regulations, orders, and decrees, including, without limitation, such of the following acts
as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor
Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances
Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental
regulations.
a) All Franchisees are required to comply with the Code of Federal Regulations (CFR)
provisions found in U.S. Department of Labor, Occupational Safety and Health
Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General
Industry Standards that are applicable in construction work.
b) The Franchisee is not only responsible for the safety aspects of his operation and
employees, but also that of all subcontractors on the job site.
c) The Franchisee must assure that a certified first aid person is designated, phone
numbers of physicians, hospital, and ambulance services are posted (copy to
Personnel Director, City of Ocoee), and that a first aid kit is available.
d) The Franchisee shall provide personal protective equipment that may be required for
jobs in progress.
e) The Franchisee shall observe the speed limit on City property.
f) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle
indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and
other items in accordance with OSHA 1926.550 and ANSI B30.5.
7. DRUG-FREE WORKPLACE:
Provide a statement concerning the Respondent’s status as a Drug-Free Work Place or
evidence of an implemented drug-free workplace program.
8. CONTRACT:
The successful Respondent(s) will be required to enter into a Franchise Agreement with
the City. The proposed Franchise Agreement is attached. All applicable laws and
RFQ #21-007 Residential C&D Franchise 11
regulations of the United States, the State of Florida, and the City of Ocoee will apply to
any resulting Agreement. By entering into this contract, the awarded bidder is obligated to
comply with the provisions of Section 448.095, Fla. Statutes, "Employment Eligibility." This
includes, but is not limited to utilization of the E-Verify System to verify the work
authorization status of all newly hired employees, and requiring all subcontractors to
provide an affidavit attesting that the subcontractor does not employ, contract with, or
subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to
termination of this contract, or if a subcontractor knowingly violates the statute, the
subcontractor must be terminated immediately
9. CERTIFICATION OF NON-SEGREGATED FACILITIES
a) Respondent certifies that it does not and will not maintain or provide any segregated
facilities for the Respondent’s employees at any of the Respondent’s establishments,
and that Respondent does not permit Respondent’s employees to perform their
services at any location under the Respondent’s control where segregated facilities
are maintained. Respondent agrees that a breach of this certification will be a violation
of the Equal Opportunity clause in any contract resulting from acceptance of its
qualification statement. As used in this certification, the term “segregated facilities”
means any waiting room, work areas, time clocks, locker rooms, other storage and
dressing areas, parking lots, or drinking facilities provided for employees that are
segregated on the basis of race, color, religion, national origin, habit, local custom, or
otherwise. Respondent agrees that (except where Respondent has obtained identical
certification from proposed contractors for specific time periods) Respondent will
obtain identical certifications from proposed subcontractors prior to the award of such
contracts exceeding $10,000 that are not exempt from the provisions of the Equal
Opportunity clause, and that Respondent will retain such certifications in Respondent’s
files.
b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order
11246, and as amended by Executive Order 11375 and as amended, relative to Equal
Opportunity for all persons and implementations of rules and regulations prescribed
by the U.S. Secretary of labor, are incorporated herein.
10. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION:
a) Respondent declares that the only persons or parties interested in their proposal are
those named herein, that this proposal is, in all respects, fair and without fraud and
that it is made without collusion with any other vendor or official of the City of Ocoee.
Neither the Affiant nor the above-named entity has directly or indirectly entered into
any agreement, participated in any collusion, or otherwise taken any action in restraint
of free competitive pricing in connection with the entity’s submittal for the above
project. This statement restricts the discussion of pricing data until the completion of
negotiations and execution of a contract for the described services.
b) Respondent certifies that no City Commissioner, other City Official, or City employee
directly or indirectly owns assets or capital stock of the Responding entity, nor will
directly or indirectly benefit by the profits or emoluments of this proposal. (For
purposes of this paragraph, indirect ownership or benefit applies to any
members of his or her immediate family)
c) Respondent certifies that no member of the entity’s ownership or management is
presently applying for an employee position or actively seeking an elected position
RFQ #21-007 Residential C&D Franchise 12
with the City. In the event that a conflict of interest is identified in the provision of
services, Respondent agrees to immediately notify the City in writing. Respondent
must submit the attached Conflict of Interest Statement.
d) Respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this RFQ has occurred, and that the proposal
is made according to the provisions of the RFQ documents, and will meet or exceed
the scope of services, requirements, and standards contained in the RFQ documents.
e) Respondent agrees to abide by all conditions of the negotiation process. In conducting
negotiations with the City, Respondent offers and agrees that if this negotiation is
accepted, the Respondent will convey, sell, assign, or transfer to the City all rights,
title, and interest in and to all causes of action it may now or hereafter acquire under
the anti-trust laws of the United States and the State of Florida for price fixing relating
to the particular commodities or services purchased or acquired by the City. At the
City’s discretion, such assignment shall be made and become effective at the time the
City tenders final payment to the Respondent. The proposal constitutes a firm and
binding offer by the Respondent to perform the services as stated.
11. PUBLIC ENTITY CRIME STATEMENT:
a) All bids, as defined by Section 287.012(11), Florida Statutes, requests for bids, as
defined by Section 287.012(16), Florida Statutes, and any contract document
described by Section 287.058, Florida Statutes, shall contain a statement informing
persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes,
which reads as follows:
“A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of public
building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.”
b) All Respondents that submit a Statements of Qualifications to the City of Ocoee are
guaranteeing that they have read the previous statement and by signing the submitted
documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes.
12. PERMITS/LICENSES/FEES:
a) Any permits, licenses or fees required will be the responsibility of the Franchisee; no
separate payments will be made. Permit fees are waived for any City of Ocoee permits
required.
RFQ #21-007 Residential C&D Franchise 13
b) The City requires a City of Ocoee contractor registration if permitting is required.
Please contact the City’s Building Department at (407)905-3100 extension 1000,
directly for information concerning this requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the
responsibility of the Franchisee.
13. STANDARD INSURANCE REQUIREMENTS:
The Franchisee shall not commence any work in connection with an Agreement until all
of the following types of insurance have been obtained and such insurance has been
approved by the City, nor shall the Franchisee allow any Subcontractor to commence work
on a subcontract until all similar insurance required of the subcontractor has been so
obtained and approved. Policies other than Workers’ Compensation shall be issued only
by companies authorized by subsisting certificates of authority issued to the companies
by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better
and a Financial Size Category of “VII” or better according to the A.M. Best Company.
Policies for Workers’ Compensation may be issued by companies authorized as a group
self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the Franchisee and/or
subcontractor providing such insurance.
b) Workers’ Compensation Insurance: The Franchisee shall obtain during the life of this
Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of
$500,000/$500,000/$500,000 for all the Franchisee’s employees connected with the
work of this project and, in the event any work is sublet, the Franchisee shall require
the subcontractor similarly to provide Workers’ Compensation Insurance for all of the
latter’s employees unless such employees are covered by the protection afforded by
the Franchisee. Such insurance shall comply fully with the Florida Workers’
Compensation Law. In case any class of employees engaged in hazardous work under
the franchise agreement for the City is not protected under the Workers’ Compensation
statute, the Franchisee shall provide, and cause each subcontractor to provide
adequate insurance, satisfactory to the City, for the protection of the Franchisee’s
employees not otherwise protected.
▪ Include Waiver of Subrogation in favor of the City of Ocoee
c) Franchisee’s Public Liability and Property Damage Insurance: The Franchisee shall
obtain during the life of the franchise agreement COMMERCIAL AUTOMOBILE
COVERAGE, this policy should name the City of Ocoee as an additional insured, and
shall protect the Franchisee and the City from claims for damage for personal injury,
including accidental death, as well as claims for property damages which may arise
from operations under the franchise agreement whether such operations be by the
Franchisee or by anyone directly or indirectly employed by the Franchisee, and the
amounts of such insurance shall be the minimum limits as follows:
1) Automobile Bodily Injury Liability & Property Damage Liability
▪ $1,000,000 Combined single limit per occurrence (each person, each
accident)
▪ All covered automobile will be covered via symbol 1
▪ Liability coverage will include hired & non-owned automobile liability
▪ Include Waiver of Subrogation in favor of The City of Ocoee
RFQ #21-007 Residential C&D Franchise 14
2) Comprehensive General Liability (Occurrence Form) - this policy should name the
City of Ocoee as an additional insured and should indicate that the insurance of
the Franchisee is primary and non-contributory.
▪ $2,000,000 GENERAL AGGREGATE
▪ $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
▪ $1,000,000 PER OCCURRENCE
▪ $1,000,000 PERSONAL & ADVERTISING INJURY
▪ Include Waiver of Subrogation in favor of the City of Ocoee
3) Subcontractor’s Comprehensive General Liability, Automobile Liability and
Worker’s Compensation Insurance: The Franchisee shall require each
subcontractor to procure and maintain during the life of this subcontract, insurance
of the type specified above or insure the activities of these subcontractors in the
Franchisee’s policy, as specified above.
4) Owner’s Protective Liability Insurance: As applicable for construction projects,
providing coverage for the named insured’s liability that arises out of operations
performed for the named insured by independent contractors and are directly
imposed because of the named insured’s general supervision of the independent
contractor. The Franchisee shall procure and furnish an Owner’s Protective
Liability Insurance Policy with the following limits: $1,000,000, and per occurrence,
$2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.
5) Contractual Liability: If the project is not bonded, the Franchisee’s insurance shall
also include contractual liability coverage to insure the fulfillment of the franchise
agreement. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL
INSURED.
▪ $1,000,000 PER OCCURRENCE
▪ $2,000,000 AGGREGATE
6) Commercial Umbrella:
▪ $1,000,000 PER OCCURRENCE
▪ $2,000,000 Aggregate
▪ Including Employer’s Liability and Contractual Liability
7) Builders Risk: As applicable for construction projects:
▪ $100,000 Any (1) Location
▪ $1,000,000 Any (1) Occurrence
8) Certificates of Insurance: Certificate of Insurance Form (see sample below),
naming the City of Ocoee as an additional insured will be furnished by the
Franchisee upon notice of award. These shall be completed by the authorized
Resident Agent and returned to the Office of the Purchasing Agent. This certificate
shall be dated and show:
i) The name of the Insured Franchisee, the specific job by name and job
number, the name of the insurer, the number of the policy, its effective date,
its termination date.
ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30)
days prior to any material changes in provisions or cancellation of the policy,
except ten (10) days written notice of cancellation for non-payment of
premium.
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RFQ #21-007 Residential C&D Franchise 15
RFQ #21-007 Residential C&D Franchise 16
14. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), bid disputes, or contract dispute(s) filed by
or against the Respondent in the past three (3) years that is related to the services that
the Respondent provides in the regular course of business. The summary shall state the
nature of the litigation, claim, or contact dispute, a brief description of the case, the
outcome or projected outcome, and the monetary amounts involved. If none, please so
state. (Attach additional sheets, if necessary)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
15. ACKNOWLEDGMENT OF ADDENDA:
Respondent acknowledges receipt of the following addenda:
No._____________ Dated _____________________
No._____________ Dated _____________________
No._____________ Dated _____________________
16. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee
properties, including whether owned or leased. If leased please provide name of lessor.
RFQ #21-007 Residential C&D Franchise 17
17. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK:
The Respondent shall complete the following blanks regarding experience with similar
type of work. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three (3) years.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT’S NAME AND ADDRESS/
TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT
________________________________________________________________
Have you any similar work in progress at this time? Yes___ No ___.
Length of time in business_________ years _________ months.
Bank or other financial references:
(Attach additional sheets if necessary)
RFQ #21-007 Residential C&D Franchise 18
RESPONDENT:__________________________________
18. CONTRACT REFERENCES CONTACT INFORMATION
List below firms with whom you have contracted for solid waste collection services within the past
or with whom you are presently contracting.
1. COMPANY NAME: _____________________________________
ADDRESS: _____________________________________
_____________________________________
CONTACT PERSON: _____________________________________
PHONE NO.: _____________________________________
_____________________________________
2. COMPANY NAME:
_____________________________________
ADDRESS: _____________________________________
_____________________________________
CONTACT PERSON: _____________________________________
PHONE NO.: _____________________________________
_____________________________________
3. COMPANY NAME:
_____________________________________
ADDRESS: _____________________________________
_____________________________________
CONTACT PERSON: _____________________________________
PHONE NO.: _____________________________________
RFQ #21-007 Residential C&D Franchise 19
RESPONDENT:__________________________________
19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT
1. Do you have any clarifications and exceptions to the proposed Franchise Agreement?
_____ Yes _____ No
If yes, will you enter in the Franchise Agreement if the City does not accept any of the
exceptions/changes requested?
______ Yes ______ No
If yes, state below all clarifications and exceptions.
RFQ #21-007 Residential C&D Franchise 20
20. SUBMITTALS:
Qualifications packages should be designed to portray to the City how the respondent’s services
can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services
given above. In order for the City to evaluate the qualification package, each Respondent should
provide information relative to their ability to provide services that will best meet the needs of the
City. The submission materials should include the following, and missing material may cause
your submission to be evaluated accordingly:
Each Statements of Qualifications shall contain the following either on this form or on separate
signed and numbered sheets attached to this form:
1. A statement of experience and qualifications in waste management and residential
construction and demolition debris removal services.
2. A description of equipment and reserve equipment proposed to be used to service the
accounts within City of Ocoee under the terms of the franchise agreement. Include a
description of the proposed dumpsters and containers.
3. Whether the proposed equipment to be used is currently owned or leased by the Proposer
and whether it will be owned or leased during the term of the franchise. If leased, indicate
the lessor of the proposed equipment.
4. Indicate whether within the past three (3) years you had a franchise or other agreement
terminated by a governmental entity due to a default or alleged default? If yes, provide
explanation.
5. List all franchise and other agreements which you currently have in place with
governmental entities within the State of Florida. If more than five (5), list the five largest
accounts.
6. If you have any clarifications or exceptions to the form of franchise agreement, so indicate
on a separate sheet labeled “Clarifications and Exceptions to Franchise Agreement”. If
you have clarifications and exceptions, indicate if you will enter into the franchise
agreement as prepared by the City if the City does not accept any exceptions or changes
requested.
7. Use the attached Contract References Form to provide three references with which you
have contracted for solid waste commercial and multi-family collection services.
8. Attach a copy of a valid business or occupational license.
9. Attached the forms listed on Table of Contents and included with this RFQ required to be
submitted with your response. Also attach your company’s Drug-Free Workplace
program.
10. Attach a current Financial Statement in a separate uploaded file. The financial statements
will be kept confidential as they are exempt from the Florida public records law, and will
be destroyed/deleted within five (5) days after award of the franchise.
RFQ #21-007 Residential C&D Franchise 21
21. EVALUATION CRITERIA:
The City shall select the responses which is determined to meet the best interest of the
City based on the following factors:
1. The proven ability of the Proposer to efficiently provide residential construction and
demolition debris services including verifiable references for the past (3) years.
(0 - 40 points)
2. The type and amount of equipment proposed to be used by the Proposer; (0 - 30 points)
3. The financial stability of the Proposer; (0 - 30 points)
Responses will be reviewed by an evaluation committee appointed by the City Manager
and will be ranked in accordance with the established evaluation criteria. Date, time, and
location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed
publicly and on Negometrix4. The evaluation committee shall supply a ranked list of the
proposing firms and a recommendation regarding which firm(s) should be selected by the
City Commission. The franchise agreement may be awarded to multiple franchisees, as
determined by the City Commission, according to the evaluation criteria listed in this RFQ.
Please be aware that all City Commission meetings are duly noticed public meetings and
that all documents submitted to the City as a part of a response to a solicitation constitute
public records under Florida law.
The City reserves the right, before awarding the franchise agreement, to require a
Respondent to submit such additional evidence of its qualifications, as the City may deem
necessary. The City shall be the sole judge of the competency of Respondents. All
successful Respondents shall be required to execute an agreement that provides, among
other things, for all plans, drawings, reports, and specifications resulting from
Respondent’s services to the City are to become the property of the City.
Award, if made, will be to the responsible and qualified Respondent whose Statements of
Qualifications is responsive to this Invitation and is in the best interest of the City based
on the factors set forth in this RFQ, City Ordinances and in the franchise agreement.
The award of the franchise pursuant to this RFQ is subject to the provisions of the Charter
of the City requiring a public hearing preceded by at least thirty (30) days notice of the
hearing and the proposed action by publication once a week for four (4) consecutive
weeks in a newspaper of general circulation in the City of Ocoee.
Within ten (10) days after written notice of award you will be required to submit the
following: (1) Executed Franchise Agreement in the form attached with any clarifications
and exceptions agreed to by the City; (2) Evidence of insurance in compliance with the
Franchise Agreement; and (3) Executed Performance Bond.
RFQ #21-007 Residential C&D Franchise 22
EXHIBIT A
SCOPE OF WORK
RFQ #21-007
EXCLUSIVE FRANCHISE FOR RESIDENTIAL
CONSTRUCTION & DEMOLITION DEBRIS REMOVAL
This is an Invitation for statements of qualifications for the exclusive provision of Residential
Construction and Demolition Debris Removal within the corporate limits of the City of Ocoee,
Florida, as defined in chapter 403.703 Florida Statutes as amended from time to time, from
residential locations where the volume of debris is sufficient to require the use of a roll-off or other
similar on-site storage container, as determined by the City. The City has complied with the
provisions of Section 403.70605, Florida Statutes, and approved on June 7, 2011 to proceed with
the residential construction and demolition debris removal franchise. Pursuant to Section 143-12
of Chapter 143 of the Code of Ordinances of the City of Ocoee, the City seeks to enter into a
franchise agreement with multiple persons or entities, as determined by the City Commission, to
provide the aforementioned services within the City. Note this RFQ does not include commercial
construction and demolition debris removal.
The estimated total revenue for this franchise is $75,000 - $100,000. The term of the existing
Franchise expires June 7, 2021. The term of this new Franchise is to commence on or around
July 2021. The Franchisee shall pay to the City a franchise fee equal to twenty percent (20%) of
the fees and charges actually collected by the Franchisee from customers for services rendered
pursuant to the franchise granted by the City. Franchise fees will begin after the first full month’s
billings. The rates to be charged for the residential construction and demolition debris removal
services will be as reasonably determined by the franchisee(s).
Residential Premises:
1. New or existing single-family residential units.
2. New or existing multiple-family residential units containing fewer than four single-family
residential units.
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RFQ #21-007 Residential C&D Franchise 23
RFQ CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must
disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner,
other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the
Proposer’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments
of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.)
Proposer certifies that no member of the entity’s ownership or management is presently applying for an
employee position or actively seeking an elected position with the City. In the event that a conflict of
interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts
of interest for the City Commission, Evaluation Committee members, and other key City employees and
consultants involved in the award of this contract.
According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which
regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations
in which financial or other personal considerations may adversely affect, or have the appearance of
adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in
administration, management, instruction, research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest
for this Proposal.
_________ The undersigned firm, by attachment to this form, submits information which may be a
potential conflict of interest for this Proposal.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
RFQ #21-007 Residential C&D Franchise 24
Exhibit C
RFQ #21-007 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR
STATEMENTS OF QUALIFICATIONS. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND
UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL
RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING FRANCHISE AGREEMENT
WITH THE CITY OF OCOEE.
__________________________________ ______________________________________
COMPANY NAME TELEPHONE (INCLUDE AREA CODE)
__________________________________
FAX (INCLUDE AREA CODE)
__________________________________
E-MAIL ADDRESS
_________________________________ IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
________________________________
NAME/TITLE (PLEASE PRINT) ____________________________________________
________________________________ ____________________________________________
STREET ADDRESS
________________________________
CITY STATE ZIP
FEDERAL ID #___________________
_____Individual _____Corporation _____Partnership _____Other (Specify)________________________
Sworn to and subscribed before me this ________day of _______________, 20____.
Personally Known___________ or
Produced Identification_________
____________________________ Notary Public - State of _______
(Type of Identification) County of __________________
___________________________
Signature of Notary Public
___________________________
Printed, Typed or Stamped Commissioned
Name of Notary Public
RFQ #21-007 Residential C&D Franchise 25
EXHIBIT D
PROPOSED RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS
REMOVAL FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of
_______________, 2009, between the CITY OF OCOEE, a Florida municipal corporation
(hereinafter referred to as the “City”) and
______________________________________________, a __________ corporation
(hereinafter referred to as the “Franchisee”) for the purposes of granting a franchise for
the collection and removal of residential construction and demolition debris within the
corporate limits of the City, all subject to the terms, conditions and limitations se t forth
herein.
Section 1. Definitions.
For the purposes of this Agreement, all terms and words shall have the meaning
set forth in Chapter 143 of the Ocoee City Code and in the definitions contained in Part
IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to
Part IV of Chapter 403, Florida Statutes, as such statutes and rules may be amended
from time to time.
Section 2. Grant of Franchise.
In consideration of the agreement of the Franchisee to (i) perform the services set
forth in this Agreement, (ii) pay to the City the Franchise Fee set forth in Section 14 hereof,
and (iii) otherwise comply with the terms and conditions of this Agreement, the City hereby
grants to the Franchisee a franchise, including every right and privilege pertaining thereto,
to operate and maintain residential construction and demolition debris services within the
corporate limits of the City, except as provided in Section 12 hereof.
Section 3. Limits of the Franchise.
Except as set forth herein, the franchise covers the corporate limits of the City of
Ocoee. Franchisee agrees that the limits of the franchise are subject to expansion or
reduction by annexation or contraction of municipal boundaries and Franchisee has no
vested right in a specific area. Further, Franchisee acknowledges and agrees that its
right to serve certain lands hereto or hereafter annexed by the City which were the subject
of a residential construction and demolition debris services franchise with Orange County
which was in effect at least 6 months prior to the initiation of annexation is limited by the
provisions of Section 171.062(4), Florida Statutes, as it may from time to time be
amended. The provisions of Florida Statute 403.70605 shall also apply.
Section 4. Term.
The franchise shall be granted for an initial term of five (5) years commencing on
___________, 20__ and terminating on ____________, 20__, unless sooner terminated
by the City due to breach of the terms of this Agreement by the Franchisee (“the Initial
Term”). The Initial Term of the franchise may be extended by mutual agreement of the
City and the Franchisee for one additional two (2) year term commencing with the
RFQ #21-007 Residential C&D Franchise 26
expiration of the Initial Term and terminating on ____________, 20__. Should the City
or the Franchisee determine not to extend the term of the franchise beyond the Initial
Term, they shall provide written notice of such intent to the other party no sooner than
twelve (12) months prior to the expiration of the Initial Term and no later than six (6 )
months prior to the expiration of the Initial Term and in the event of such notice the
franchise and this Agreement shall terminate upon expiration of the Initial Term. In the
event neither party gives notice as aforesaid that it does not desire to exte nd the term of
the franchise, then the City and the Franchisee shall enter into an amendment extending
the term of the franchise and this Agreement for an additional 2 -years for a total of 7-
years, such agreement to be entered into at least three (3) month s prior to expiration of
the Initial Term.
Section 5. Collection Services and Operations.
A. Except as set forth in Section 12 hereof, the Franchisee shall provide
residential construction and demolition debris removal services commencing on
__________, 20__. The Franchisee shall transport all residential construction and
demolition debris collected to a properly licensed facility.
B. The Franchisee shall provide all labor, materials, equipment, supervision
and facilities necessary to provide efficient and effective services. The Franchisee
shall pay all costs, expenses, and charges required to perform the services and
dispose of the collected materials including the disposal charges and “tipping fees”
at the facility. The Franchisee shall comply with all applicable local, state and
federal statutes, laws, ordinances, rules and regulations. By entering into this
contract, the awarded bidder is obligated to comply with the provisions of Section
448.095, Fla. Statutes, "Employment Eligibility." This includes, but is not limited to
utilization of the E-Verify System to verify the work authorization status of all newly
hired employees, and requiring all subcontractors to provide an affidavit attesting
that the subcontractor does not employ, contract with, or subcontract with, an alien
unauthorized to work in the USA. Failure to comply will lead to termination of this
contract, or if a subcontractor knowingly violates the statute, the subcontractor
must be terminated immediately.
Section 6. Equipment.
A. The Franchisee shall have on hand at all times and in good working
order such equipment as shall permit the adequate and efficient performance of the
required services. Equipment shall be obtained from nationally known and recognized
manufacturers of collection and disposal equipment. The Franchisee shall have available
reserve equipment which can be put into service in the event of any breakdown. Vehicles
used to provide the services shall be marked with the name of the Franchisee, business
telephone number and the number of the vehicle in letters not less than five (5) inches
high on each side of the vehicle.
RFQ #21-007 Residential C&D Franchise 27
B. The Franchisee shall provide all receptacles, containers, or
dumpsters necessary for the collection of all residential construction and demolition
services.
Section 7. Complaints.
The Franchisee shall assign a qualified person or persons to be in charge of operations
within the service area. The Franchisee shall give the name and qualifications of these
persons to the City. The Franchisee shall institute a system for addressing complaints
from within the City which shall include informing each customer and the City of the phone
number at which complaints will be received. Such phone will be promptly answered at
a minimum from 8:00 a.m. to 5:00 p.m., Monday through Friday. In the event that the
Franchisee is unable to promptly resolve any such complaints the Franchisee shall
promptly notify the City of the nature of the complaint and the attempts made to resolve
the complaint.
Section 8. Personnel.
A. The Franchisee shall require its employees to serve the public in a
courteous, helpful and impartial manner.
B. Franchisee collection employees shall wear dress uniforms bearing
the company name during working hours.
C. Each person employed to operate a vehicle shall at all times carry a
valid Florida Driver’s License for the type of vehicle being operated.
D. The Franchisee’s collection employees will be required to remain on
public right-of-ways and the premises of its customers. No trespassing by employees will
be permitted on private property. Care shall be taken to prevent damage to property,
including receptacles, trees, shrubs, flowers and other plants.
Section 9. Spillage.
The Franchisee shall not litter or cause any spillage to oc cur upon the premises or the
rights-of-way wherein the collection occurs. During hauling, all residential construction
and demolition debris shall be contained, tied or enclosed so that leaking, spilling and
blowing is prevented. In the event of any spillage caused by the Franchisee, the
Franchisee shall promptly clean up all spillage at its sole cost and expense. In the event
that the Franchisee fails to promptly clean up spillage, then the City may do so and the
Franchisee shall pay the City all costs and expenses incurred by the City in connection
therewith.
Section 10. Excluded Debris.
Hazardous waste, biological waste, used oil and yard trash are expressly excluded from
the franchise granted herein.
Section 11. Subcontractors.
RFQ #21-007 Residential C&D Franchise 28
Subcontractors shall be allowed only with the prior approval of the City Commission which
consent may be granted or withheld in the discretion of the City Commission. The consent
of the City Commission shall not be construed as making the City a part of such
subcontract or subjecting the City to liability of any kind to any subcontractor.
Section 12. Rates and Charges.
A. Rates to be charged for the residential construction and demolition
debris services to be performed under this Agreement are as set forth in Exhibit “A”
attached hereto and by this reference made a part hereof.
B. The Franchisee, at its sole cost and expense, shall be solely
responsible for the billing and collection of all fees and charges payable to the Franchisee
by customers for services rendered pursuant to this Agreement. The Franchisee shall
use its best efforts to bill and collect all such fees on a monthly basis unless otherwise
agreed to in writing by the City.
C. In consideration for the grant of this franchise and the execution of
this Agreement by the City, the Franchisee agrees to pay to the City a franchise fee equal
to TWENTY PERCENT (20%) of the fees and charges actually collected by the
Franchisee from customers for services rendered pursuant to the franchise granted by
this Agreement (the “Franchise Fee”). The Franchisee shall pay the Franchise Fee to
the City on or before the tenth (10th) day of each month with respect to the fees and
charges actually collected by the Franchisee during the previous month. Such payment
shall be transmitted on a City approved form and shall include a certification by the
Franchisee of the fees and charges actually collected during the prior month and such
other information as may be required by the City. Failure of the Franchisee to make timely
payment to the City of the Franchise Fee or falsification of the certification regarding fees
and charges actually collected shall constitute a default by the Franchisee of this
Agreement.
Section 13. Books and Records.
A. The Franchisee shall keep complete books and records at its place
of business in Central Florida, setting forth a true and accurate account of all business
transactions arising out of or in connection with this Agreement, including but not limited
to a complete customer account listing and a record of all fees and charges billed and
collected, all in accordance with good business practices and generally accepted
accounting principles. The City shall have the right to have access to and inspect and
copy the contents of said books and records during normal business hours. Upon thirty
(30) days written request from the City, the Franchisee shall provide the City with a
complete customer account listing and a record of all fees and charges billed and
collected during the prior twelve (12) months.
B. The Franchisee shall annually submit to the City an audited financial
statement with respect to all business transactions arising out of or in connection with this
Agreement, which shall have been prepared by an independent certified public
accountant reasonably acceptable to the City. The financial statement shall include a
RFQ #21-007 Residential C&D Franchise 29
determination of all fees and charges billed and collected by the Franchisee pursuant to
the franchise granted by this Agreement and the Franchise Fees due to the City pursuant
to this Agreement. Each such audited financial statement shall be based on the City’s
fiscal year of October 1 to September 30 and shall be submitted to the City on or before
December 31 of each year except that the last such audit shall be submitted within s ixty
(60) days after the termination of this Agreement.
Section 14. Assignment.
This Agreement and the rights and privileges hereunder shall not be assigned or
otherwise transferred by Franchisee except with the express written approval of the City.
The City reserves the right in its sole and absolute discretion to approve or disapprove
any such requested assignment or transfer of this Agreement. The City may require that
any proposed assignee submit similar documentation to that provided by the franch isee
at the time of award of the franchise. No assignment or transfer shall be effective until
the assignee or transferee has executed with the City an Agreement of Acceptance,
subject to approval by the City, evidencing that the assignee or transferee ac cepts the
assignment or transfer subject to all of the terms, conditions and limitations imposed
herein. Any such assignment or transfer shall be in form and content subject to the
approval of the City.
Section 15. Indemnification.
Franchisee shall indemnify, defend and hold completely harmless the City, its elected
representatives, officers, employees and agents of each, from and against any and all
liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and
expenses (including all costs for investigation and defense thereof, including, but not
limited to court costs, expert fees and reasonable attorneys fees and paralegal fees and
attorneys and paralegal fees on appeal) which may be incurred by, charged to or
recovered from any of the foregoing (i) by reason or on account of damage to or
destruction of any property of the City, or any property of, injury to or death of any person
resulting from or arising out of the performance under this Agreement, or the acts or
omissions of Franchisee officers, agents, employees, subcontractors, licensees or
invitees, regardless of where the damage, destruction, injury or death occurred, unless
such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was
proximately caused solely by City’s negligence or by the joint negligence of City and any
person other than Franchisee or Franchisee’s officers, agents, employees,
subcontractors, licensees or invitees, or (ii) arising out of the failure of Franchisee to keep,
observe or perform any of the covenants or agreements herein to be kept, observed or
performed by Franchisee. City agrees to give Franchisee reasonable notice of any suit
or claim for which indemnification will be sought hereunder, to allow Franchisee or its
insurer to compromise and defend the same to the extent of its interests and to reasonably
cooperate with the defense of any such suit or claim. The provisions of this Section shall
survive the expiration or earlier termination of the term of this Agreement with r espect to
any acts or omissions occurring during the term of this Agreement. Nothing set forth is
this Agreement shall be deemed or construed as a waiver of sovereign immunity by the
RFQ #21-007 Residential C&D Franchise 30
City and the City shall have and maintain at all times and for all purpo ses any and all
rights, immunities and protections available under controlling legal precedent and as
provided under Section 768.28, Florida Statutes and other applicable law.
Section 16. Performance Bond.
The Franchisee shall, without expense to the City, furnish a performance bond in a form
acceptable to the City as security for the performance of this Agreement. Said
performance bond will be in the amount of TW ENTY THOUSAND AND NO/100
DOLLARS ($20,000.00). All premiums for the performance bond shall be paid by the
Franchisee. This performance bond shall be written by a surety company licensed to do
business in the State of Florida and approved by the City and shall be maintained in full
force and effect throughout the term of this Agreement.
Section 17. Nondiscrimination.
The Franchisee agrees that it has adopted and will maintain and enforce a policy of
nondiscrimination on the basis of race, color, religion, sex, age, handicap or national
origin.
Section 18. Insurance.
The Franchisee, at all times during the term of this Agreement, shall meet the following
requirements:
• Maintain all insurance coverage required by this Agreement and the RFQ to which
this Agreement and the award of the franchise was based on (the “RFQ”).
• Maintain any additional coverage required by the City.
• Name the City as an additional insured on all liability policies required by this
Agreement. When naming the City as an additional insured, the insurance
companies shall agree and will endorse the policies to state that the City will not
be liable for the payment of any premiums or assessments.
• Make no change or cancellation in insurance without thirty (30) days prior written
notice to the City.
• File original signed Certificates of Insurance, evidencing such coverage and
endorsements as required herein with the City for approval before work is started.
The certificate must state the Proposal Number and Title. Upon expiration of the
required insurance, the Franchisee must submit updated certificates of insurance
during the term of this Agreement.
It is understood and agreed that all policies of insurance provided by the Franchisee are
primary coverage to any insurance or self-insurance the City possesses that may apply
to a loss resulting from the work performed under this Agreement.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure and shall be made available to the City upon request to
the Franchisee. No deductibles will be allowed in any policies issued on this Agreement
RFQ #21-007 Residential C&D Franchise 31
unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City.
Compliance by the Franchisee with the foregoing requirements as to carrying insurance
and furnishing copies of the insurance policies shall not relieve the Franchisee of its
liabilities and obligations under any section or provision of this Agreement or under
applicable law.
Insurance coverage required shall be in force throughout the term of thi s Agreement.
Should the Franchisee fail to provide acceptable evidence of current insurance within
seven (7) days of receipt of written notice at any time during the term, the City shall have
the right to consider this Agreement breached and declare a default by the Franchisee.
If the Franchisee does not meet the insurance requirements of this Agreement, alternate
insurance coverage, satisfactory to the City, may be considered.
Section 19. Default and Termination.
A. In the event that:
(1) the Franchisee shall fail to keep, perform and observe each
and every promise, covenant and agreement set forth in this
Agreement applicable to the Franchisee, and such failure
shall continue for a period of more than five (5) days after
delivery to the Franchisee of a written notice of such breach
or default;
(2) the Franchisee’s occupational or business licenses shall
terminate for any reason;
(3) the Franchisee shall become insolvent, or shall take the
benefit of any present or future insolvency statutes, or shall
make a general assignment for the benefit of creditors, or file
a voluntary petition in bankruptcy or a petition or answer
seeking an arrangement for its reorganization, or the
readjustment of its indebtedness under the Federal
Bankruptcy laws, or under any other law or statute of the
United States or any State thereof, or shall consent to the
appointment of a receiver, trustee or liquidator of all or
substantially all of its property; or
(4) the Franchisee shall have a petition under any part of the
Federal Bankruptcy laws, or an action under any present or
future insolvency laws or statute, filed against it, which petition
is not dismissed within thirty (30) days after the filing thereof;
RFQ #21-007 Residential C&D Franchise 32
then in any of such events, the City, in its discretion, shall have the right to: (i) seek
specific performance of this Agreement, (ii) terminate this Agreement for Default, which
termination shall be effective twenty-four (24) hours after written notice of such
termination is given to the Franchisee, or (iii) pursue such other actions and remedies as
may be permitted by law, including an action for actual damages incurred or suffered by
the City. In the event the City elects to terminate this Agreement, then the City may, at
its option, delay the effective date of termination for default until the first day of the month
following the date on which written notice of such termination is given to the Franchisee.
The City shall specify the termination date on its written notice of termination.
B. In the event that the City shall fail to keep, perform, and observe each
and every promise, covenant and agreement set forth in this Agreement applicable to the
City, and such failure shall continue for a period of more than thirty (30) days after delivery
to the City of a written notice of such breach, then the Franchisee may, as its sole and
exclusive remedy, seek specific performance of this Agreement. It is expressly agreed
that the Franchisee shall not be entitled to terminate this Agreement or seek damages
against the City in the event of a default by the City.
C. In the event that a dispute arises between the City and the
Franchisee, or any interested party, in any way relating to this Agreement, the Franchisee
shall continue to render service in full compliance with all t erms and conditions of this
Agreement regardless of the nature of the dispute. The Franchisee shall be liable to the
City for all costs reasonably incurred in providing collection and disposal service should
the Franchisee fail to provide such services.
D. Upon termination of this Agreement the Franchisee shall cooperate
with the City in order to ensure an orderly transition of all commercial and multi -family
solid waste accounts to such new franchisee(s) as may be designated by the City.
Section 20. Attorneys’ Fees.
In the event that either party finds it necessary to commence an action against the other
party to enforce any provisions of this Agreement or because of a breach by the other
party of any of the terms hereof, the prevailing party shall be en titled to recover from the
other party its reasonable attorneys’ fees, paralegal fees and costs incurred in connection
therewith, at both trial and appellate levels, including bankruptcy proceedings and the
right to such reasonable attorneys’ fees, paralegal fees and costs shall be deemed to
have accrued from the commencement of such action and shall be enforceable whether
or not such action is prosecuted to judgment.
Section 21. Notices.
All notices and approvals which any party shall be required or shall desire to make or give
under this Agreement shall be in writing and shall be made or given (i) by certified mail,
postage prepaid, return receipt required, (ii) by hand delivery to named individuals
representing the party to be notified, or (iii) by private parcel (next day) delivery service.
Notices, including notice of a change of address or phone number, shall be addressed or
RFQ #21-007 Residential C&D Franchise 33
transmitted to the addressees set forth below, or that a party may otherwise designate in
the manner prescribed herein:
As to the City: City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: Public Works Director
Phone: (407) 905-3100 Ext. 6002
As to Franchisee:
______________________________
______________________________
______________________________
______________________________
______________________________
Notices and approvals given or made as aforesaid shall be deemed to have been given
and received on the date of actual receipt.
Section 22. Combination of Solid Waste.
The City shall not be responsible for any contamination of loads which are collected by
the Franchisee (i.e., mixing of recyclable materials, yard trash, construction and
demolition debris or other materials which are required to be separated prior to disposal
under applicable federal, state and local statutes, laws, ordinances, rules and
regulations).
Section 23. Miscellaneous.
A. Time is of the essence with respect to all matters set forth in this
Agreement.
B. The Franchisee is not, and shall not for any purpose be, the agent of
the City and shall have no power or authority to bind the City in any manner whatsoever.
C. This Agreement embodies and constitutes the entire understandings
of the parties with respect to the matters con templated herein, and all prior or
contemporaneous agreements, understandings, representations, and statements, oral or
written, are merged into this Agreement. Neither this Agreement nor any provisions
hereof may be waived, modified, amended, discharged, or terminated except by an
instrument in writing signed by the party against whom the enforcement of such waiver,
modification, amendment, discharge, or termination is sought except by an instrument in
writing signed by the party against whom the enforcement of such waiver, modification,
amendment, discharge, or termination is sought, and then only to the extent set forth in
such instrument.
D. It is stipulated and agreed between the parties that this Agreement
shall be interpreted and construed in accordance with the laws of the State of Florida and
RFQ #21-007 Residential C&D Franchise 34
any trial or other proceeding with respect to this Agreement shall take place in the State
of Florida with venue in Orange County, Florida.
E. Captions of the sections and subsections of this Agreement are fo r
convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction or meaning of the
provisions of this Agreement.
F. The City shall not be responsible for any contamination of solid waste
pick-ups with recyclable materials.
G. The City has been induced by Franchisee to enter into this
Agreement by submittal of that certain response to request for proposals dated
______________, 20__, said response being incorporated herein by reference and made
a part of this Agreement. The Franchisee warrants and represents that the information
submitted in said response to request for proposals remains true and correct as of the
date hereof.
H. In the event of a conflict betwee n the provisions of this Agreement
and the terms of the RFQ, the provisions of this Agreement shall apply.
I. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, but all of which together shall const itute one
and the same instrument.
J. This Agreement is considered a non-exclusive Agreement between
the parties.
Section 24. Waiver of Jury Trial.
Franchisee hereby voluntarily and intentionally waives the right to a trial by jury in
respect to any litigation arising out of, under, or in connection with this Agreement
or in connection with any course of conduct, course of dealing, statements
(whether verbal or written) or action of either party, whether in connection with this
Agreement or otherwise unrelated thereto. This Waiver of Jury Trial shall be
binding upon all successors and assigns of the parties hereto.
Section 25. Severability.
If any part, section, subsection, or other portion of this Agreement except for the
provisions of Section 12 hereof is declared void, unconstitutional, or invalid for any
reason, such part, section, subsection or other portion, or the prescribed application
thereof, shall be severable, and the remaining provisions of this Agreement, and all
applications thereof not having been declared void, unconstitutional or invalid shall remain
in full force and effect. The City and Franchisee declare that no invalid or prescribed
provision or application was an inducement at the execution of this Agreement, and that
they would have executed this Agreement, regardless of the invalid or prescribed
RFQ #21-007 Residential C&D Franchise 35
provision or application. In the event any part, subsection or other portion of Section 1 2
hereof is declared void, unconstitutional, or invalid for any reason, then either party may
terminate this Agreement upon at least ninety (90) days notice to the other party.
Section 26. Charter Compliance.
The franchise granted pursuant to this Agreement has been awarded following a public
hearing on the proposed franchise preceded by at least th irty (30) days’ notice of the
hearing and the proposed action by publication once a week for four (4) consecutive
weeks in a newspaper of general circulation in the City of Ocoee.
[Signature pages to follow]
RFQ #21-007 Residential C&D Franchise 36
IN WITNESS WHEREOF, the CITY OF OCOEE has caused this Agreement to be
executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto
affixed; and the said Franchisee has caused this Agreement to be executed in its name
by _____________________, its ______ President, atteste d by ___________________,
its ______________ Secretary, and has caused the seal of said corporation to be
hereunto affixed, all as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
CITY OF OCOEE:
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
Signed, sealed and delivered
in the presence of:
FRANCHISEE:
By:
, President
Attest:
, Secretary
(SEAL)
For use and reliance only
by the City of Ocoee, Florida.
Approved as to form and legality
This _____ day of _________, 2021.
Shuffield, Lowman & Wilson, P.A.
_______________________
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
________________, 2021 UNDER
AGENDA ITEM NO. ________