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Item 18 Public Hearing to Award RFQ #21-007 Exclusive Franchise for Residential Construction and Demolition Debris Removal
ocoee florida AGENDA ITEM COVER. SHEET Meeting Date: July 20, 2021 Item # 18 Reviewed By: Contact Name: Joyce Tolbert Department Director: Rebecca Robert @) Contact Number: 1516 City Manager: Robert Fran Subject: . Public Hearing for Award of RFQ. #21-007 Exclusive Fran r esidential Construction and Demolition Debris Removal Background Summary: The City solicited statements of qualifications for the exclusive provision of Residential Construction and Demolition Debris Removal, as defined in chapter 403.703 Florida Statutes as amended from time to time, within the corporate limits of the City of Ocoee, Florida 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. The City's current Franchise has expired. 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 to provide the aforementioned services within the City; note this Franchise does not include commercial construction and demolition debris removal. 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). The term of the Franchise is to commence on August 1, 2021. The initial term of the Franchise is for five (5) years and may be extended by mutual agreement for an additional two (2) year term. The estimated total revenue to the City from this franchise is approximately $20,000 annually. The RFQ was advertised on April 18; 2021 and was publicly opened on May 11, 2021. There were two (2) responses submitted. The Finance Department reviewed the responses and all were considered responsive, see the attached checklist. The public RFQ Evaluation Committee meeting was held on June 8, 2021. The attached two (2) responses were evaluated by the RFQ Evaluation Committee, which was comprised of four (4) members: Doug Gaines, Assistant Support Services Director; Kiel Gajadhar, Public Works Operations Manager; Mark Johnson, Parks and Recreation Director; and Steve Krug, Public Works Director. Please see the attached shortlist/evaluation form. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with Waste Pro of Florida, Inc. and Hubbard Construction Company DBA Mid-Florida Materials, per the attached award recommendation from Steve Krug, Public Works Director. 1. Waste Pro of Florida Inc. 2. Hubbard Construction Company DBA Mid-Florida Materials Issue: Should the City Commission award franchise agreeements for the exclusive franchise for residential construction and demolition debris removal to the two (2) short-listed firms recommended by the evaluation committee. Pursuant to Section C-8 H. of Article II of the Charter of the City of Ocoee, no franchise shall be awarded by the City until such time as the City Commission has held a public hearing on the proposed franchise. The July 20, 2021 public hearing was advertised in the West Orange Times & Observer for four consecutive weeks and thirty days in advance on June 17, June 24, July 1, and July 8, 2021. Recommendations 1) Staff recommends the City Commission award the exclusive franchise for RFQ #21-007 to the two (2) shortlisted firms recommended by the evaluation committee, Waste Pro of Florida, Inc. and Hubbard Construction Company DBA Mid-Florida Materials. The term of the Franchise is to commence on August 1, 2021. 2) Authorize the Mayor, City Clerk, and staff to execute all documents pertaining to the franchise agreement with the selected franchisee(s). The required performance bonds and insurances will be provided prior to the commencement date. Attachments: 1. Award Recommendation from Public Works Director 2. Evaluation Form/Shortlist 3. Response Checklist 4. Public Hearing Notice 5. Waste Pro Response 6. Hubbard dba Mid-FL Materials Response 7. RFQ #21-007 Financial Impact: Franchisee shall pay the City a franchise fee of 20% of the fees collected. Estimated total revenue to the City is approximately $20,000 annually. Type of Item: (please mark with an "x') X Public Hearing For Clerk's Dept Use: Ordinance First Reading _ Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval X Discussion&Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. `` 19:e.e_0 \teMlg, N/A Reviewed by ( ) N/A 2 4$01/, ocoee florida Mayor MEMORANDUM Rusty Johnson OCOQe public works Team Commissioners Date: June 8, 2021 Larry Brinson,Sr/ •, District 1 r To: Joyce Tolbert, Procurement Manager -_` . Rosemary Wilsen Improving a great community District 2 Richard Firstner From: Stephen C. Krug, P.E., Public Works Director District 3 RE: Contract Award Recommendation. George Oliververlll District 4 RFP # 21-007 Exclusive Franchise for Residential Construction and Demolition Debris Removal City Manager Robert D.Frank Public Works recommends award of the Exclusive Franchise for Residential Construction and Demolition Debris Removal, RFP No. 21-007, to Waste Pro of Florida, Inc., of Longwood, Florida, and Hubbard Construction Company DBA Mid-Florida Materials, Plymouth, Florida. The City received qualified proposals from the two (2) interested firms. The evaluation committee selected both firms for the contract based on their full understanding of the scope. Both firms have been in business for several decades with Waste Pro having performed successfully under previous iterations of this contract. Awarding contracts to both firms will provide residents and builders with debris removal options under the Franchise. • City of Ocoee •301 Maguire Road • Ocoee, Florida 34761 Phone: (407) 905-3170•www.ocoee.org RFQ#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL EVALUATION FORM/SHORTLIST Hubbard Construction Company Respondent DBA Mid-Florida Materials Waste Pro of Florida Inc. Evaluator 1 2 1 Evaluator 2 2 1 Evaluator 3 2 1 Evaluator 4 2 1 TOTAL 8 4 RANKING 2 1 Note: Lowest Total is Highest Ranking The Evaluation Committee voted to recommend award to the two(2)responding firms. 1 64144016 r l RFQ#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL INDIVIDUAL EVALUATION FORM Individual Evaluation Form Hubbard Construction Company DBA Evaluation Criteria Mid-Florida Materials Waste Pro of Florida Inc. The proven ability of the Proposer to efficiently provide residential construction and demolition debris services including verificable references for the past(3)years. (0-40 Points) 38 38 The type and amount of equipment proposed to be used by the Proposer. (0-30 Points) 20 28 The financial Stability of the Proposer. (0-30 Points) 25 28 TOTAL POINTS (0-100 Points) 83 94 Member Ranking 2 n 1 Evaluator Name �OrtnSOr , Evaluator Signature1 1 COY RFQ#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL INDIVIDUAL EVALUATION FORM Individual Evaluation Form Hubbard Construction Company DBA Evaluation Criteria Mid-Florida Materials Waste Pro of Florida Inc. The proven ability of the Proposer to efficiently provide residential construction and demolition debris services including verificable references for the past(3)years. (0-40 Points) 30 39 The type and amount of equipment proposed to be used by the Proposer. (0-30 Points) 25 29 The financial Stability of the Proposer. (0-30 Points) 25 25 TOTAL POINTS (0-100 Points) 80 93 Member Ranking 2 / I Evaluator Name: Stephen C Krug ry, // Evaluator Signature 1 evalutekr3 RFQ#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL INDIVIDUAL EVALUATION FORM Individual Evaluation Form Hubbard Construction Company DBA Evaluation Criteria Mid-Florida Materials Waste Pro of Florida Inc. The proven ability of the Proposer to efficiently provide residential construction and demolition debris services including verificable references for the past(3)years. (0-40 Points) 30 40 The type and amount of equipment proposed to be used by the Proposer. (0-30 Points) 20 30 The financial Stability of the Proposer. (0-30 Points) 30 30 TOTAL POINTS (0-100 Points) 80 100 Member Ranking 2 1 Evaluator Name ) Doug Gaines Evaluator Signature 1 zu RFQ#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL INDIVIDUAL EVALUATION FORM Individual Evaluation Form Hubbard Construction Company DBA Evaluation Criteria Mid-Florida Materials Waste Pro of Florida Inc. The proven ability of the Proposer to efficiently provide residential construction and demolition debris services including verificable references for the past(3)years. (0-40 Points) 20 35 The type and amount of equipment proposed to be used by the Proposer. (0-30 Points) 10 25 The financial Stability of the Proposer. (0-30 Points) 20 25 TOTAL POINTS (0-100 Points) 50 85 Member Ranking 2 1 Evaluator Name_Kiel Gajadhar /�'C 1 4 Evaluator Signature_Kiel Gajadhar 1 RFQ #21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL CHECKLIST 5/11/21 3:00 PM Submission Requirements- Conflict of Qualifications, Interest Form & References, Litigation Company Company Info/ No. RESPONDENT Equipment, Exceptions Verification Signature Sheet Financial Statement Hubbard Construction Company DBA 1 Mid-Florida Materials ✓ Active ✓ ✓ 2 Waste Pro of Florida Inc. ✓ Active ✓ Responses listed alphabetically. NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO AWARD EXCLUSIVE FRANCHISE BY THE OCOEE CITY COMMISSION NOTICE IS HEREBY GIVEN, pursuant to Section C-8.H. of Article II of the Charter of the City of Ocoee, that the Ocoee City Commission will hold a PUBLIC HEARING on Tuesday, July 20, 2021 at 6:15 p.m., or as soon thereafter as practical, at the City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida to consider awarding an Exclusive Franchise for Residential Construction and Demolition Debris Removal within the corporate limits of the City of Ocoee, Florida for an initial period of five (5) years with an option to extend for an additional two (2)years. The City Commission may continue the public hearing to other dates and times as they deem necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Franchise Agreement and related documents may be inspected by the public at the City Clerk Depdrtment, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 7:30 a.m. and 5:30 pin., Monday through Thursday, and between the hours of 8:00 a.m. and 5:00 p.m. on Friday, except legal holidays. Interested parties may appear at the public hearing and be heard with respect to the proposed franchise award. Any person wishing to appeal any decision made with respect to any matter considered at the public hearing may need a record of the proceedings, and for this purpose will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office 48 hours in advance of the meeting at(407)905-3105. Melanie Sibbitt, City Clerk West Orange Times June 17, June 24, July 1, and July 8, 2021 t$ iur Joyce Tolbert,CPPB 5/06/21 Procurement Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, Fl 34761 Ms.Tolbert, Waste Pro of Florida, Inc. (Waste Pro) is a family-owned, Florida corporation which is pleased to provide the enclosed proposal for the City of Ocoee. Waste Pro is uniquely qualified to provide Residential Construction and Demolition Debris Removal Services for The City of Ocoee. In addition to having fifteen Roll Off trucks available for the City,we have a Claw Truck and four Rear Loaders ready,should Ocoee require additional collection methods.We have dozens of Roll Off cans ready and available for this Agreement. Waste Pro was founded with the goal of providing the best possible waste collection and hauling service in this industry. Twenty years later we have become the largest municipal hauler in Florida.— we've secured more Florida municipal franchises (120) than any other hauler operating in this State. We also operate eleven landfills, four recycling plants and five transfer stations in the Sunshine State. Our corporate headquarters are located in Seminole County, and our CEO John Jennings was inducted in the Environmental Industry Association's Hall of Fame in 2011. Waste Pro's Orange County collection vehicles operate out of our five-acre Operational Facility on 1400 S. Orange Blossom Trail, Orlando, Florida. In addition to being the exclusive hauler for Winter Park, Maitland and Windermere,we service over 50,000 residential units in unincorporated Orange County. Regarding RFQ requirements,Waste Pro shall comply with all stipulations,particularly those pertaining to the Convicted Vendor List/Public Entity Crimes, Public Records Compliance, Performance Bond, City Indemnification, Safety, Requirements, Drug-Free Workplace, E-Verify, Non-Segregated Facilities, Conflict of Interest/Non-Collusion, Permits/Licenses/Fees, and Insurance Requirements. Waste Pro does not request clarifications or exceptions to the Franchise Agreement. We thank you again for accepting this proposal. I am free at your convenience to discuss any items put forth in this proposal. Please accept my signature below for all documents included in this package. Regards, (-4;14. fri44- 1 Erik Sankey Regional President Waste Pro of Florida, Inc. 407-401-6771 WASTE PRO° OF FLORIDA INC. Caring For Our Communities' , R�1f�� t �HO�/14 �0I•�N�m -`~,.. ® t NAB-N 4G 4® i� -�, ,...l�D�- ._. .�`m �t�*,� h4tDIS0 � Qs •-•�I }acksor,vil'e �t C: [♦ 1,,E N ;��BAKER DIN ■m 1.Kennedy Space Center , `��.UIF' 3�! 4%A E` j'AY- • �44 Q. 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GLADES 2 22.Crestview 74.Oak Hill ) LOTTE _ et 23.Cross City 75.Ocala ® HENDRY PAIt� ,S�C 24.Daytona Beach 76.Ocean Breeze `,) NE ®O 25.Daytona Beach Shores 77.Ocean Ridge 26.Debary 78.Orange County 7.--1- ___ -VOA 27,Deltona 79,Orchid 107,Sweetwater • COLLIER �(y� +'0 28.Dunedin 80.Ormond Beach 108.Tallahassee -1/ 29.Flagler County 81.Oviedo 109.Taylor County _. �© 30.Fort White 82.Palm Beach County 110.Trenton i jtir . 31.Gadsden County 83.Palm Coast 111.Wakulla County \ MIAMI r 32.Grant-Valkaria 84.Palm Shoresy DADEW 112.West Park , ,! 33.Greensboro 85.Palm Springs 113.Wewahitchka ' co ¢i` 34.Gulf Breeze 86.Pasco County 114.While Springs 35.Havana 87.Pembroke Pines 115.Williston i 36,Haverhill 88.Perry 116.Windemere ." 37.Hawthorne 89.Ponce Inlet 117.West Palm Beach 38.Hillsboro Beach 90.Port Orange 118.Winter Park 39.Hollywood 91.Port St.Lucie 119.Winter Springs - 40.Holly Hill 92.Putnam County 120.Yankeetown 41.Holmes Beach 93.Quincy 42.Inglis 94.Royal Palm Beach 43.Interlachen 95.St.George Island 'Corporate Headquarters 44.Jacksonville 96.St,Lucie County 45.Jasper 97.St.Lucie Village ® Hauling Companies 46.LaCrosse 98.St.Marks 47.Lake City 99.Sanford ® Landfills 48.Lake County 100.Santa Rosa County 49.Lake Helen 101.Sarasota A Military Contracts 50.Lake Mary 102.Seminole County 51.Lantana 103.Sneads Municipal Contracts 52.Lauderdale by the Sea 104.Sopchoppy CO Recycling Processing 53.Laurel Hill 105.South Daytona 54,Lee County 106.Southwest Ranches V Transfer Stations WASTE PRO OF FLORIDA, INC. Corporate Headquarters 2101 W SR 434 Suite 305, Longwood, FL, 32779 407-869-8800 Fax: 407-869-8884 Company Background A Family Company There is more than meets the eye to running the Southeast's premier waste removal service company. Every day over 2,900 Waste Pro state of the art solid waste and recycling trucks service hundreds of thousands of customers. This task requires professional, experienced and dedicated people, working together under the leadership of an uncommon individual. When John Jennings began working in this industry in the early 70's he had no idea he would one day run one of the fastest growing solid waste and recycling firms in the Southeastern United States! After working on Wall Street as a trader and analyst, John decided to transition back into the solid waste industry,,an industry he literally grew up in. John began Waste Pro in 2001, and twenty years later we continue to be one of the fastest-growing privately-owned waste collection, recycling and processing and disposal companies in the country. We operate in ten Southeastern states.Our 2020 revenues exceeded$700 million, and we service more than two million residential and 40,000 commercial customers from over 75 operating locations.Our Executive Team, led by John Jennings and his son Sean, are seasoned industry professionals. We offer all the benefits of this family experience to The City of Ocoee.Every facet of our Florida-based company is geared toward providing whatever it takes to meet our customers' needs! Longwood based Waste Pro of Florida,Inc.(Waste Pro),founded in 2001,currently services municipalities as small as a few hundred homes (Melbourne Village)to municipalities in excess of 80,000 homes (Cape Coral). We offer services from over 75 Southeastern operating locations including landfills in ten states: Florida, Alabama, Mississippi, Missouri, Louisiana, Arkansas, Tennessee,.North and South Carolina and Georgia, with the majority of our municipal business located in Florida. We operate in 62 of 67 Florida Counties,from the panhandle to Miami. Waste Pro maintains state of the art recycling processing facilities (MRF's)in Atlanta,Sarasota and Ocala.We employ more than 3,800 employees and have more than 2,900 clean collection vehicles which display community-oriented graphics. Every vehicle incorporates the 3`d Eye,360-degree onboard camera safety system. Waste Pro's fleet is valued at more than $500 million, and in 2011 we announced a $100 million investment in Compressed Natural Gas-powered collection vehicles. Our first CNG fueling facility opened its doors in Fort Pierce,with others following in Daytona Beach,Palm Coast,Pompano Beach,Jacksonville, Sarasota,and Sanford, Florida. It was in those early days that Michael Jennings learned and passed on to his son John, the philosophy on which the Waste Pro Group was built:loyal customers are earned by providing better, more efficient and more courteous service. Today, John Jennings, our clients and valued customers realize the benefits of these years of experience,specialized knowledge and hard work. When John Jennings started his first waste collection company in 1973 he didn't think about how large his company eventually would become—he only knew that his customers paid for a service and he wanted to provide the best service that he possibly could. He wanted to distinguish himself from the other companies, and he did! He started in Orange County, Florida in the residential business and soon expanded into the commercial business. In 1976 he expanded into Seminole County, and in 1981 he Page 1of6 WASTE PRO Caring for Our Communities opened a site in Osceola County. By 1983 he ventured into Volusia and Flagler Counties. By 1992 the Jennings companies expanded operations to include municipal consulting and sales.To more adequately describe the total services being offered, John incorporated JENNINGS ENVIRONMENTAL SERVICES, INC. in March of 1992 and used this vehicle for expansions and acquisitions. John Jennings met John Drury, then a BFI Regional Vice President, in 1979. John Drury later became president of BFI and subsequently, Chairman and CEO of USA Waste Services, Inc (USA). As both companies grew, a professional friendship developed between both men, which led to the transition in 1996 in which JENNINGS ENVIRONMENTAL SERVICES, INC. became the first-tier subsidiary of USA. This move resulted in John heading up corporate activity for Florida and the Caribbean. JENNINGS and USA grew rapidly, to the point where USA acquired Waste Management, Inc. in July of 1998. Because Waste Management dwarfed USA, the board of directors elected to change the USA name to Waste Management. Tired of a large, corporate structure, Mr. Jennings and a few executives decided to leave Waste Management and start a new company in 2001—Waste Pro of Florida!Today's Waste Pro Jennings Team is made up of people who prefer day-to-day contact with both our employees and customers. Our philosophy is drastically different than the corporate bureaucratic make-up of the big national companies. Our adherence and dedication to customer service differs from the dictates of an out-of-state policy.Our preference to deal with local vendors was deemed unacceptable.Our personal touch with our employers and their families was thought to be old fashioned.Our entire team decided that we needed to sever our relationship with Waste Management and begin to offer our type of customer service relationships to all customers. We left together in January 2000 and agreed to stay out of waste collection in North and Central Florida for one year. We decided to provide consulting, demolition and land clearing, and we began waste collection in Georgia and South Carolina.As we grew, more key personnel joined the Waste Pro team including solid waste Veterans CFO Cort Sabina and Vice Presidents Tim Dolan, Keith Banasiak, Russell Mackie and Ralph Mills.Today's Waste Pro's core Corporate Team consists of: i Senior Management Team John Jennings—Chairman, Waste Pro USA: For over forty years John Jennings has been involved in the solid waste and recycling industry in Central Florida.The son of a garbage man and a first generation American, Mr. Jennings is a nationally recognized expert in the Solid Waste & Recycling i industry. He has held high ranking positions in IWS, USA Waste and Waste Management along with owning Jennings t Environmental Services. In 2001 he started Waste Pro and has t. watched the company blossom into over 75 operating locations, ';i' more than 3,300 employees, with more than$700 million a year ' in annual revenues. Waste Pro went from 2 trucks with a handful of customers in 2001 to over 2 million residential customers in 2020. Under Mr. Jennings' leadership, vision and commitment to superior service Waste Pro has become the leading solid waste and recycling services provider in the Southeast. John has served on numerous solid waste and recycling industry and governmental committees and panels. He has been a feature speaker about environmental issues, both nationally and internationally. In 2011 he was unanimously elected to Page 2 of 6 WASTE PRO Caring for Our Communities the National Solid Waste Management Association Hall of Fame. John was a finalist for Ernst & Young Florida Entrepreneur of the Year Award, elected to the Holy Cross High School Hall of Fame, and lastly John was the keynote speaker at the 2011 Executive Roundtable for America's Solid Waste Leaders. Education Level — B.A. Finance and Masters' of Business Administration, St. Johns University (NY). John also has a Chartered Investment Analysis degree from New York Institute of Finance. Phone: 407-869- 8800, Fax: 407-869-8884. jiennings@wasteprousa.com, 2101 West S.R. 434, Suite 315, Longwood, FL 32779. • Member, Board of Governors and Board of Directors,Sweetwater Club • Member, Board of Advisors,St.Johns University, NY, College of Business Admin. • Registered Representative: NASD, NYSE, Portfolio Manager, Stock Trader and Analyst. Sean Jennings—President& CEO: Sean, a native Floridian, previously served as the Division Manager of _> Waste Pro's Sarasota-Bradenton Regional Operations and Recycling Facility. A °- third-generation garbage man, he is the son of Waste Pro Founder John Jennings. ''„ Sean has been exposed to every facet of the business throughout his life,and more 4`'Pv,,Victr.. formally since joining the company in 2012.Prior to becoming President,he worked C j , in various roles since he was a teenager. His summers in high school were spent on `,' °* rf the back of a garbage truck. Post college he worked on garbage trucks in Costa Rica, •• then worked in operations and landfill construction in Mississippi and Georgia. Four • years ago, Sean earned the title of Division Manager for the Waste Pro Tampa- Clearwater region. In 2016 he assumed management of the Bradenton-Sarasota • division, where he built a compressed natural gas fueling facility and a materials recycling facility.A graduate of the University of Alabama,with a degree in Finance and Economics, he is a Board Member of Keep Manatee Beautiful and is a member of Waste Pro's inaugural Young Leaders Initiative class. He was nationally recognized as one of Waste360's 40 under 40 earlier this year, and The Orlando Business Journal recognized Sean as a "40 Under 40" awards honoree. Sean was also instrumental in spearheading an innovative hiring program. Last year he partnered Waste Pro with the Florida Department of Corrections to create an employment program for offenders under state supervision. This program is aimed at addressing the nationwide shortage of skilled mechanics and commercially licensed drivers, as well as reducing recidivism among offenders. This program is currently being piloted in Waste Pro's Sanford and Orlando offices. Phone: 407-869-8800, Fax: 407-869-8884, sjennings@wasteprousa.com, 2101 West S.R.434, Suite 315, Longwood, FL 32779. Keith Banasiak—Chief Operating Officer&Senior Vice President A graduate of Indiana University with a B.S. in Business Administration, Keith Banasiak has more than 30 years of management experience in the waste industry. In 1987, he started in the non- 0. . Y ferrous scrap processing and reclamation industry. Primarily responsible for + am' _ processing operations, he managed fleet operations, disposal of residual special t'"s waste vrn o governments.and the In 2001,facility he en relocatironedental to Ft. Myersrequirements as Regionalf Manager and forlocal a ,.\‘'. private solid waste and disposal hauling company. He was responsible for managing two facilities that covered four counties in South Florida. These municipal contracts consisted of 85,000 residential units and 7,500 commercial accounts. Banasiak, who was named Senior Vice President in 2019, has more than 30 years of experience in the waste industry. Prior to his promotion last Page 3 of 6 WASTE .PRO k. Caring For Our Communities J year, he served as Regional Vice President of Waste Pro's Florida West Coast operations, one of the company's largest regions with more than 275,000 residential customers and more than 10,000 commercial customers across Florida's West Coast from Taylor County south through Collier County.As a resident of Southwest Florida,Banasiak is involved with many local and regional community organizations, including serving as Chairman Emeritus of both Keep Lee County Beautiful and Keep Manatee Beautiful. He also serves as Chairman for the Community Cooperative and a board member for The Foundation for Lee County Public Schools. Phone:239-229-7500,Fax:407-869-8884,kbanasiak@wasteprousa.com,2101 West S.R.434, Longwood, FL 32779. Cort Sabina — Chief Financial Officer: Cort Sabina has 25 years of in-depth financial management experience. At Waste Pro, he has served as Vice President of Finance and Controller. Today,he is CFO of the entire finance function for Waste Pro. Cort's experience began with one of the Nation's largest Taft-Hartley Health and Welfare and Pension Funds, Central States Southeast and Southwest area's ow— Health and Welfare and Pension Funds in Chicago. During his 10 years with Central States, he held a variety of positions including Staff Auditor and Audit `' , Manager. Widening his accounting skills in public accounting, he joined the "big four" firm Ernst & Young in Chicago, IL. He followed that roll as Division Controller with Allied Waste in the Chicago market. In 2000, Cort moved to Florida to join Florida Recycling Services (FRS). Following an acquisition by Waste Services (Progressive Waste), Cort continued with the company as a District/Regional Controller. Cort joined the management team of Waste Pro USA as Corporate Controller in July 2006. Cort has held the position of V.P. and Chief Accounting Officer and most recently in June 2013 has assumed the duties of CFO. He is a member of the Rollins College Financial Leadership Network (FLN) as part of the CFO Council. Phone: 407-869-8800, Fax: 407-869-8884, csabina@wasteprousa.com, 2101 West S.R. 434,Suite 315, Longwood, FL 32779. Bob Hyres - Executive Vice-President: Mr. Hyres has over thirty years of experience in the solid waste as � � and recycling industry. He is a recognized expert in all aspects of solid waste collection, recycling, processing and disposal. He has been a leader in managing very large multiple operations, complex municipal marketing i I �� ., groups and in government affairs. He is actively involved in key leadership )� '�'i r 3,, roles in local, state and national environmental organizations. He is the past Chairman of the Advisory Board for the Florida Center for Solid and -` , Hazardous Waste Management (a Florida University System Study Center) and the Florida Chapter of the National Solid Wastes Management Association (NSWMA). He also currently serves on the Government Affairs Committee for the national arm of the NSWMA. He was recognized for his statewide leadership role in Florida and was awarded the 2002 NSWMA National Distinguished Service Award in Las Vegas. Bob earned an undergraduate degree in Business and Economics and a Masters' Degree in Management from Rollins College and the Rollins College Crummer Graduate School, Winter Park, Florida. Phone: 407-869-8800, Fax: 407-869-8884, bhyres@wasteprousa.com, 2101 West S.R.434, Suite 315, Longwood, FL 32779. Page 4 of 6 WASTE PRO ` Caring For Our Communities Ron Pecora-Chief Marketing Officer: Mr. Pecora has more than 35 years of professional experience in t-'Ai, # marketing management, relationship marketing, public relations, advertising and community engagement. As Waste Pro's CMO,he manages corporate-wide t internal and external communications,advertising,sponsorships, internet sales,4 � collateral literature development and overall business development programs. r fr 1k:.. § ti' j � ; r Prior to joining Waste Pro in 2010, Ron owned a marketing communications' ,-1.�t -=°' - (advertising and public relations) company for 20 years. Early on in his career '':--' Ron was the Marketing Director for a consulting engineering firm with 50 offices 71! ft throughout the Southeast. He has been active in the Central Florida community, chairing the boards of many social services organization. Ron also served as a i Commissioner of the Orlando Housing Authority. He is a 1968 graduate of UF, 1 College of Journalism. After graduation Ron served as an information spokesperson in the USAF during the Vietnam War. Phone: 407-869-8800, Fax: 407-869-8884, rpecora@wasteprousa.com, 2101 West S.R.434, Longwood, FL 32779. Shannon Early-Corporate Human Resources Director: � An Orlando native, Ms. Early has more than 20 years of Human Resources '', experience.A graduate of Florida State University,Shannon is certified as a Senior ...,, ` ;, Professional in Human Resources (SPHR) by the Society for Human Resource Management.Shannon began her career with SunTrust Banks, Inc.where she was *+... ` ! ' "-f responsible for recruiting and employee relations within their Operations 4, ter.: t _ ,f, Division. In 1998 she joined AAA, transitioning to the position of Manager of /1 �4� Employee Development and Staffing. In this role Shannon held HR responsibilities 1 that covered a variety of assignments, including recruitment, employee 1�, 1 relations/engagement, management training, EEO/AA, and policy development. Ms. Early joined Waste Pro in 2011 as Manager of Training and Human Resources. : In August 2013 she assumed the responsibilities of Director of Human Resources. Shannon is a member of the Employers Association Forum Board.Education Level: B.A. Management, FSU. Phone: 407-869-8800, Fax:407-869-8884, searly@wasteprousa.com, 2101 West S.R. 4343,Suite 315, Longwood, FL 32779. Tim Dolan-Vice President of Municipal Marketing: With over 30 years of experience in the solid waste . , and recycling industry, Tim Dolan is responsible for contract development and M retention.A second-generation garbage man,Tim began working in this industry during high school. He has held positions in sales, human resources, operations, i ,4r ,- {r safety, management and municipal marketing. He has worked in Kentucky, ° Georgia, North and South Carolina and Florida for regional and national solid - ' waste firms.Tim has successfully managed over 20 contract startups(transitions) V ~-- ranging from 500 to 40,000 homes in the past 19 years,including unincorporated i Marion,Seminole,Orange,Polk,Volusia and Lake Counties.Tim has managed the Central Florida market for Waste Pro since 2002, and he is familiar with every county and municipal contract within his footprint. Tim has been a board member of BSA-Central Florida Council, Seminole State Foundation, Private Business Association of Seminole County, Florida Citrus Sports, Four Townes Rotary, and Volusia County Boys and Girls Clubs. Education Level- B.A. History, NCSU, Raleigh, NC. Phone: 321-231-2544, Fax: 407- 869-8884,tdolan@wasteprousa.com, 2101 S.R. 434, Longwood, FL 32771. Page 5 of 6 WASTE PRO Canny To,Qur Communities Romeo Vellutini—Corporate Director of Safety: Originally from Denver, CO, Romeo spent much of his life in Las Vegas. He joined the Waste Pro team in 2017 and has more than 20 years of experience in the waste and recycling industry. Prior to joining Waste Pro, he was an Area ' ' Safety Manager for a national waste services firm. He was instrumental in 1.1 developing process improvements, claims & risk reduction procedures, and ktN, OSHA/DOT compliance. Romeo has a particular knack for team building and getting employees to "buy in" to cultural change, as it's related to improving / safety practices and procedures. One of his greatest accomplishments was being recognized and awarded for finishing first in Safety Compliance nationwide. He's a member of the American Society of Safety Engineers and he currently resides in Debary, FL. Phone: 407-869-8800. Fax: 407-869-8884, rvellutini@wasteprousa.com, 2101 West S.R. 434, Suite 315, Longwood, FL 32779. Page 6 of 6 [WASTE PRO? Caring For Our Communities Experience We are proud to offer waste management, residential construction and demolition debris removal services from over 75 locations in ten states which include Florida, Georgia, Louisiana, Mississippi, North & South Carolina, Tennessee, Alabama, Arkansas and Missouri. Waste Pro holds over three hundred exclusive City and County franchises. Waste Pro provides solid waste and recycling services to over 2,000,000 residences and over 40,000 businesses. We also specialize in commercial solid waste and multifamily collection services. Waste Pro Storage, Maintenance, Staging and Office Locations: Longwood, FL(corporate office) Fort Pierce, FL Fort Myers, FL Sanford, FL Milton, FL Arden, NC Southaven, MS Orlando, FL Cocoa, FL Alachua, FL Fanning Springs, FL Bunnell, FL Jacksonville, FL Palatka, FL Midway, FL Lake City, FL Daytona Beach, FL Crestview, FL Sarasota, FL Tallevast, FL West Palm Beach, FL Pembroke Pines, FL Davenport, FL Columbus, MS Panama City Beach, FL Pompano Beach, FL Ocala, FL Clearwater, FL Hernando, FL Clermont, FL Athens,GA Doraville,GA Hardeeville,SC Summerville, SC Alabaster, AL Spanish Fort, AL Concord, NC Monroe, NC Gautier, MS Ocean Springs, MS Meridian, MS Hattiesburg, MS Kenner, LA Geismer, LA Jackson, MS Miami, FL Natchez, MS Greenwood, MS Brookhaven, MS Hoxie,AR Elkton, FL Interlachen, FL St.Augustine, FL Quincy, FL Ball Ground, GA Atlanta, GA Birmingham,AL Lake City, FL DeKalb, MS Blountstown, FL Crestview, FL Freeport, FL Southport, FL Since 2001, Waste Pro USA has earned most of these franchised hauling contracts through a competitive bidding process, however some were absorbed through acquisition: Allgood —AL, Alachua—FL,Arcade - GA, Archer—FL, Beaufort—SC, Belleview—FL, Belmont—NC, Bessemer Page 1 of 6 WASTE PRO Caring For Our Communities City—NC, Bibb County—AL, Bloomingdale—GA, Bowman—GA, Bonifay- FL, Bradenton Beach — FL, Branford — FL, Bristol — FL, Brooker— FL, Buncombe County - NC, Calhoun County— FL, Canton—MS, Cape Canaveral—FL, Cape Coral— FL, Carl—GA, Casselberry— FL, Carthage—MS, Chiefland—FL, Cedar Key—FL, Concord—NC, Crescent City—FL, Crestview—FL, Cross City—FL, Danielsville — GA, Daytona Beach — FL, DeBary— FL, Decatur— MS, Deltona — FL, Denton — NC, Flagler County — FL, Foley — AL, Fort White — FL, Gadsden County — FL, Gonzalez — LA, Grant Valkaria — FL, Gautier — MS, Greensboro — FL, Gwinnett County — GA, Harrison County— MS, Havana — FL, Hawthorne— FL, Hinds County— MS, Hollywood —FL, Ila —GA, Indian Trails—NC, Interlachen—FL, Inglis— FL, Jackson County—MS,Jacksonville—FL,Jasper—FL, Jefferson—GA, Jemison—AL, Kimberly—AL, La Crosse— FL, Lake Helen— FL, Leake County— MS, Lee County— FL, Liberty County — FL, Locust Fork — AL, Loganville — GA, Longwood — FL, Louisville — MS, Loxahatchee Groves — FL, Manatee County — FL, Maysville — GA, Melbourne Village — FL, Meridian—MS, Melbourne Beach—FL, Micanopy— FL, Midway— FL, Minneola—FL, Miramar— FL, Monroe — NC, Montverde — FL, Moss Point — MS, Nicholson — GA, Neptune Beach — FL, Newberry—FL, North Lauderdale—FL, North Mlami—FL, Noxapater—MS, New Smyrna Beach— FL, Oak Hill— FL,Ocala—FL, Ocean Springs—MS, Orange County—FL, Orchid— FL, Palatka—FL, Palm Beach County — FL, Palm Coast — FL, Palm Shores — FL, Pascagoula — MS, Perry — FL, Philadelphia—MS, Port Orange—FL, Port Royal—SC, Port St.Joe—FL, Port St. Lucie—FI,Putnam County—FL, Punta Gorda—FL,Quincy—FL, Ridgeland—SC,Salisbury—NC,St. Lucie County—FL, St. Lucie Village—FL,St. Marks—FL,Sanford—FL,Seminole County—FL,Santa Rosa County—FL, Snellville—GA,South Daytona—FL,Summerville—SC,Sweetwater—FL,Tallahassee—FL,Taylor County— FI,Thunderbolt—GA,Trenton —FL,Tybee Island— FL, Walnut Grove— MS, West Park —FL,White Springs—FL, Williston—FL,Windermere—FL, Winter Park—FI, Winter Springs— FL, Yankeetown— FL, Cape Canaveral Air Force Base—FL, Patrick Air Force Base— FL, Parris Island Recruiting Depot—SC, Kennedy Space Center—FL,Atlantic Marine Tri Command—SC,Joint Base Charleston Naval Weapons Station—SC, Dobbins Air Force Base—GA. Our five largest contracts (accounts) are: Cape Coral (81,216 homes), Manatee County (78,436 homes), Port St. Lucie (74,230 homes), Palm Beach County (47,185 homes), and Lee County (68,886 homes). Waste Pro of Florida, Inc, has not had a franchise or other governmental agreement terminated in the last three years due to default, nor have there been any such terminations since this company was founded. Local Staff Experience! The Waste Pro veterans who will be responsible for our work in Ocoee have over 200 years of combined experience in this industry, and some are second generation employees! Whether Management, Maintenance, Operations, Safety, or Administrative, we continue to offer The City of Ocoee seasoned solid waste and recycling veterans from Central Florida. Many of these professionals have worked together at Waste Pro for years.We understand each other's roles,and we support each other in various capacities. Each of the following solid waste professionals are currently involved in the Ocoee franchise. One of our benchmarks is longevity-in this industry managers come and go. Not so with Waste Pro-our managerial staff remains bedrock in Central Florida,and our municipalities can count on the same,reliable team members year after year. We do not rely on collection subcontractors. Only experienced industry veterans will continue to be responsible for the City's contract. Page 2 of 6 ..WASTE PRO Caring For Our Communities Regional VP—Erik Sankey—Overall Project Management Erik has over two decades of experience in the solid waste and recycling industry, previously holding managerial roles with two national haulers. In addition, he has experience as an owner/operator for smaller regional haulers.Sankey joined • Waste Pro in 2019 as a Regional Operations Manager for our Central Florida t footprint and was promoted to Regional Vice President in 2020. As RVP, he 1 N, , •'. oversees Waste Pro operations in Orange, Seminole, Brevard, Volusia, Marion ., and Lake Counties. Waste Pro's Central Florida Region is one of our original service areas, serving Windermere, Winter Park, Maitland, Sanford, Winter ', Springs, Daytona Beach, Port Orange, Ormond Beach, Ocala, Cape Canaveral, Lake, Orange,Seminole and Lake Counties. In addition to managing the region's six operational facilities, Erik oversees Waste Pro's recycling facility in Ocala, our transfer station in Ormond Beach and compressed natural gas(CNG)stations in Sanford and Daytona. Phone:407-401-6771, Fax:407-786-0800, esankey@wasteprousa.com, 3705 St.John's Parkway, FL 32771. Division Manager—Steve Painter—Overall Supervision ^° ,, / 1 ,,y A veteran in the solid waste and recycling industry, Steve has managed our ! I Orange County Division for the last three years. Mr. Painter began his career in .• 1985 as a thrower on a residential truck in Pittsburgh, PA. With an aptitude for `' ,it ' •,_ _ analysis and management, he moved into commercial dispatch and gradually ..i `" worked his way into a Division Manager position, managing one of the largest : 1 e hauling divisions in Pennsylvania. Steve then moved to Florida where he worked - nine years as a regional Operations and Productivity Specialist, Regional g , � 'c Operations Manager and Division Manager for Waste Pro's Orlando and Lake ,i ; County operational facilities. Phone: 321-377-1145, Fax: 407-398-0357, spainter@wasteprousa.com, 1400 S. Orange Blossom Trail, Orlando, FL 32805. Operations Manager—Pedro Pratt—Direct Supervision Another industry veteran, Pedro has over 25 years of industry experience. ,, .,„. Before joining Waste Pro, Pedro began his career with BFI in 1994 as a El."' helper. It was there he obtained his CDL and became a residential driver,w commercial driver and route supervisor. In 1999 he moved to Ormond ,1 Beach where he managed three large Volusia County municipal contracts ;M valued at $16M annually. In 2003 Pedro was promoted to the Safety 4. w ;, Division. In this capacity he excelled in reducing claims and at-fault •r <$ d �, ,< incidents. In 2005 he transitioned to Operations Management for the Orange City Operational Facility, with over 65 residential and commercial routes. During this time Pedro managed opening of the Tavares Operational Facility in Lake County. In 2015 Pedro moved to Texas to become Division Manager of a large hauling outfit. We are proud to have Page 3 of 6 WASTE PRO Caring For Our Communities Pedro back in Florida and on the Waste Pro team! Phone:321-355-8878,ppratt@wasteprousa.com,1400 S. Orange Blossom Trail,Orlando, FL 32805. Field Supervisor—Chris Barnes tf Mr. Barnes began with Waste Pro as a thrower in 2008 and he quickly earned his '.. s `�` CDL. A trustworthy residential recycling driver, Chris was the first choice for a `� � . r resident route manager for our Windermere,Maitland and Winter Park contracts. �x,, ; , .: ;1 Chris commands positivity, crew camaraderie and respect among his peer -` V.;,v'' .' >r.h, supervisors. Always eager to please, Chris has developed a knack for organizing -, , ! and managing special events as well as acting as a liaison between Waste Pro and ,,,,,,,t,„ ,,,,_,-. ., 1 „ City Staff. Phone:407-427-7705, Fax:407-398-0357 cbarnes@wasteprousa.com, y.4 x 1400 S. Orange Blossom Trail,Orlando FL 32805. Regional Safety Manager—Tim Nicholson Tim spent 30 years in the fire services industry before joining Waste Pro. In his 30 years with Seminole County Fire Department, he was a Paramedic and gradually rose to Lieutenant. He was responsible for Training, Response, Hazardous Waste tt{'` c':''4 and EMS calls. As a Battalion Chief, Tim was responsible for EMS response and overall department oversight. He was responsible for development of the rescue ' t ' ' '- fleet and training of department Paramedics.As a Division Chief of Logistics,he was „ '` responsible for the fleet, building maintenance, facilities construction, i' \ Departmental Compliance and Accreditation. Mr. Nicholson headed up the Department's Safety Committee and he represented the County's Safety Committee. Tim was a BSA Assistant Scout Master, Dixie Youth baseball coach and is currently the President of a high school band Parent's Association. We are proud to have Tim Nicholson on the Waste Pro Team! Phone: 407-342-9238, Fax: 407-786-0800, tnicholson@wasteprousa.com, 1400 S. Orange Blossom Trail,Orlando, FL 32805. Government Affairs& Marketing—Platt Loftis . : e." Platt began his solid waste and recycling career as a Waste Pro trainee in February 2006. He began working as a route supervisor for Winter Springs,then Longwood. (624HW He was promoted to an Operations Manager in 2008, overseeing municipal ;,• ' startups in Casselberry, Orange County, Port Orange, Buncombe County, NC and Concord, NC. He also managed our Seminole County, Deltona, Sanford, Winter I Springs, Lon wood and Windermere contracts. In 2009 he was promoted to �,f s g <'" Division Manager of Waste Pro's Cocoa facility, where he started up our Cape f#}.a� Canaveral, Palm Shores, Melbourne Beach and Melbourne Village contracts. In Y 2012 Platt was assigned to the Regional Office as a Municipal Marketer. His footprint covers Osceola, Orange, Brevard, Lake, Seminole and Polk Counties. Education Level — B.A. United States History, UNC — Chapel Hill, NC. Phone: 407-383-0003, Fax: 407-786-0800, email: ploftis@wasteprousa.com, 3705 St.Johns Parkway, Sanford, FL 32771. Page 4 of 6 . WASTE PRO Caring For Our Communities Regional Controller—Kerry Salazar Kerry Salazar previously worked in the financial management field as a controller for construction and mortgage firms in Colorado, Virginia and Georgia. Since -1:::-i i :. �' joining Waste Pro in 2008 as a Regional Controller, Kerry has been responsible 1 '4. for the daily general ledger accounting and financial reporting for seven hauling al,r ` • .- divisions,one landfill and one recycling material recovery facility(MRF).She also Qi, ' analyzes the results of the region's performance against historical and budgeted --,, , strategic planning, which facilitates the decision-making of Division Managers _ \ and the Regional Vice President. Ms. Salazar's role has expanded with the ` ` ���111� ' ' Central Florida region—she now is involved in every operational and managerial aspect of each growing division, which affects her P&L and budget forecasts. Education Level — B.A. Accounting, Colorado State University. Phone: 407-774-0800. Fax: 407-786-0800, ksalazar@wasteprousa.com, 3705 St.Johns Parkway,Sanford, FL 32771. Regional Analyst—Rich Meinert t 0tf Rich is a retired Senior NCO with 20 years of active duty in the USAF. He spent 10 years as a manager for Seminole County Solid Waste Department. During his o- f ' • employment with Seminole County he received steady advancement with titles ' ;, including: Customer Service Manager, Operations Manager, Project Manager, ' :744 '� Program Manager, and Division Manager. In these roles Mr. Meinert was ..t• involved in almost every facet of municipal solid waste and recycling operations. 'y i Joining the Waste Pro team in 2009 as a Regional Analyst, Rich is responsible for : , I Data Management, Contract Administration and Report Administration. Rich • q �' also oversees RFID technology. Education Level — MBA, University of Phoenix. I 1;:\`'\�+ rJ,"'.//�`,�t',', Phone: 407-774-0800, Fax: 407-786-0800, email: rmeinert@iwasteprousa.com, 3705 St. Johns Parkway, Sanford, FL 32771. Regional Office Manager—Donna Hardy Donna began working in the solid waste industry in May 1994 as an assistant controller for three districts in North Florida. Over the next thirteen years, she became a Senior Controller for 3 hauling companies, 4 landfills and three transfer stations stretching from Folkston, Georgia to Wildwood, Florida. In 2009 she was 3 t promoted to Senior Processor for all container capital purchases and Transfer Stations and Landfill expansion projects for the entire North Florida Area (53 s... districts—hauling, landfill and transfer stations). Donna joined the Waste Pro team in March 2012 as Regional Administrator for North and Central Florida. In this role she supports and trains Waste Pro administrators and operational staff members. I Mrs. Hardy received an Accounting degree from Daytona State College in 1994. Page 5 of 6 WASTE PRO Caring For Our Communities Phone: 406-774-0800, Fax: 407-786-0800, dhardy@wasteprousa.com, 3705 St. Johns Parkway, Sanford, FL 32771. Regional Maintenance Manager—David Ginapp rx A Navy submarine veteran, David has over twenty years of experience in the i' ' _ ,,,t solid waste industry as a mechanic and shop manager. He also worked as a *,?, route supervisor and container/compactor repairman and supervisor. David .0 was promoted to maintenance manager, Division Team Leader (overseeing 1 t . t',,f.:' 6 hauling divisions) and Regional Maintenance Manager, overseeing forty- , ' „ a, three locations in 9 states. Before he came to Waste Pro earlier this year, he ''' 4 . was Region Fleet Director over twenty-three hauling divisions in 6 states. He }J ;'i now manages our Central Florida footprint, which includes Marion County. s' ' Mr. Ginapp has an A.A. degree in Business. Phone: 407-455-8175, Fax: 407- 786-0800, mginapp@wasteprousa.com, 3705 St.Johns Parkway,Sanford, FL 32771. Driver Training Center Manager—Larry Lemon Mr. Lemon, a USAF flight engineer veteran, is another Waste Pro manager with - .. solid waste and recycling experience. Beginning his management career with _. Seminole Precast Manufacturing, Larry quickly rose up through the ranks, ; ,' I eventually becoming Production Manager. Larry managed over 200 employees > , ' through his 10-year career at Seminole Precast. In 2009 Larry joined Waste Pro • '' 1 as a residential driver, and quickly became a leader within the driver ranks. Mr. Lemon became a Safety Trainer in 2013, then was promoted to Driver Training Center Manager earlier this year. Larry trains all new drivers on the Smith ' System, a world class video driver training system. Once drivers pass a written ° examination, Larry then conducts a closed course training phase. Mr. Lemon advances drivers who successfully pass this phase into a two-week mentor program. Drivers who fail any portion of his training program are hired on as residential helpers.Any new Ocoee drivers will go through the Driver Training Center program before commencement. Phone: 407-947-0518, Fax: 407-786-0800, Ilemon@wasteprousa.com, 3705 St.Johns Parkway, Sanford, FL 32771. Page 6 of 6 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) None. 15. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No.None 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. 2015 or newer diesel Mack Roll Off trucks,model number CV713,with ATWI 3rd Eye Camera Safety System,Cable&Auto Tarper. We have fifteen Mack Roll Off trucks operating out of our Orlando Operational Facility,all of which can be utilized for the City of Ocoee, All of our trucks and egiomen!are owned by Waste Pro of Florida.Inc. Please see attached spec sheets for our Mack Roll Off trucks and Waste Pro Roll Off cans. RFQ#21-007 Residential C&D Franchise 16 MACK® VEHICLE SPECIFICATION/CALCULATED PERFORMANCE SUMMARY Description Sales Code Dwg Ref Length UOM Front Frame Extension N/A FE 6.1 INCHES Bumper to Front Axle N/A BA 51.1 INCHES Wheelbase N/A WB 261.2 INCHES Rear Overhang N/A OH 63.4 INCHES Overall Length N/A OL 381.8 INCHES Bumper to Back of Cab N/A BBC 116.5 INCHES Eff.Bumper to Back of Cab N/A EBBC 127.1 INCHES Eff.Cab to Rear Axle N/A ECA 191.2 INCHES Eff.Front Axle to Back of Cab N/A EAC 70.0 INCHES Eff.Cab to End of Frame N/A ECEF 254.6 INCHES Unladen 5th Wheel Height E5BZ1X 5W 0.0 INCHES Unladen Frame Height N/A FH 44.8 INCHES Cab Height N/A CH 70.9 INCHES Overall Height N/A OVH 118.8 INCHES Driver CG N/A DCG 47.2 INCHES BOGIE SPREAD,1370MM(54.0") GWXDGX BS 53.9 INCHES Second Front Axle Spacing RHXZ1X SFAS 0.0 INCHES EBBC BBC rt r DCG 0— I 1 CH 1 ECEF lT- �k OVH BS 1 .,ti 1 00 0. pla w 1� o� 1•. FH FE 1 _ ♦ BA �, EAC ` ECA EBA , WB OH OL MACKe VEHICLE SPECIFICATION/CALCULATED PERFORMANCE SUMMARY Description Sales Code * Dwg Ref N ' = Right Value(in) Wheelbase N/A WB 261.2 261.2 Available Rail Space Right N/A ARSR N/A 122.8 Available Rail Space Left N/A ARSL 104.9 N/A Eff.Front Axle to Back of Cab N/A REF 70.0 70.0 Front Axle To Fender CDX23X N/A 27.0 27.0 Cleartech One Unit DPFO4F N/A 0.0 48.0 Battery Box 393AB0 N/A 0.0 15.0 111 GALLON(420 L)22"ALUMINUM,SLEEVED D- 2ggAF7/290AA1 N/A 73.4 0.0 SHAPED/W/O RH FUEL TANK Ad-Blue Tank DF1001 N/A 7.5 0.0 Drive Tire Radius 9014Z1 N/A 21.4 21.4 Back Of Cob(REF) l ARSR 1 • _ k : . .:�.. ALA - , v 7 ARM. • i we Top View image is intended for illustration purposes only and is not presented to scale. Wheelbase,Axle Spacing and After frame are not shown as specified, but are a representation. Customer Adaptation(CA)options and relocated components are not represented In these images. Most CA options impact the variation of the image, thus an image may not populate. Calculations are approximate to a tolerance oft 4 inches due to component mounting variation. Certain chassis component options are NOT represented in the Top View image, such as, but not exclusive to, Front Frame Extensions, Fuel Water Separators,Air Dryers, PTOs, Fifth Wheels, Chassis Fairings, Toolboxes, Trailer Connections. For further information on these items and their respective locations on your specification,please refer to the data sheets associated with those items in the configurator PRICELIST DATE QUOTATION DATE PAGE CUSTOMER NAME DEALER NAME 20210104 NEXT2021000212C669 #Error 2 of 2 WASTE PRO USA INC NEXTRAN CORPORATION �' }' �'�r� 7f rnx5/'ScT"s: t ,It,',.. , s� t r 73 .[ } I i , f a i ��4 ' "�', �tzC/ ;,4, '' •', ' ', :t,r r ,, +/,`:'tV v)d'' .j 'lr-rripp,c1 r <r� �t; r :•1'r '''' d �'�t');:if it 'l �' tn;* �1' �' ""� ..1b ,. �i ,�s' r,, i 1 r1, Srt t`yr . dl 1.. ,.i {,�::{ k Y i •�� !� , t k S s,V't . ,tr 1e`Y4k. x sZ { t Y�i • t tB T. ,0•1 'n t.r :ae, •, , . fi r ;r w,yt t 4 r,, ,+ , } r , r �� rs a' n;' "' Y'a ,� y.+ �, r < .SE z �, 4 1 6 �t rtt.4 t (}i 11 ; `i X t,'F t 'i`'tc, ,`ti , 4r�•, ," '. ► e 'u� t`} 'a,-- aa f /��Y{ i ii' �1,:,.:', 1,. r,,;? y`.`:ri ;,rt ' 1 � • ',1 t� 'x 5..ity''T.''' 'fit sI!. 1 � F ® O f 1P/7■r� } .. j ,S�i h f 'r14 �,,r{})' ,if i 7 s4' 'a �,y �.7�, . , f 1 P r t, y axis ',; ` _ ��tt}f " ril r < � • l 'i � �.• • . J J �, iv t _.._ i SS WASTE Pno I ,:, • : Construction ( • Demolitionqcli r` _ . 3 _ Industrial ' ' 1 .' FWO , \ : . "A1 qks) A. . ,80 • () ® Commercial �; y,: ROLL-OFF SIZES: _ 15 Cu. Yd. 20 Cu. Yd. 30 Cu. Yd. 40 Cu. Yd. 14:9" ' "length 229 len th 22'9" len th 22'9" length WASTE PRO' g , g -- 80"width 80'' width width eight80" width 62" height 53" height 80"w74" height 94" h COMPACTION EQUIPMENT Designed for Customers WASTE PRO `° Individual Needs r r • • • AREA LOCATIONS ALABAMA Jacksonville Sarasota MISSISSIPPI NORTH CAROLINA Birmingham Lake City Tallahassee Brookhaven Asheville Mobile Lake County West Palm Beach Columbus Charlotte FLORIDA Ocala Gautier Concord I Orlando GEORGIA Greenwood Citrus County Athens Gulfport SOUTH CAROLINA Palatka Clearwater Atlanta p° Charleston Palm Coast Hattiesburg Cocoa Panama City Beach LOUISIANA Jackson HihonHead /Daytona Beach Pembroke Pines Baton Roue Meridian • Fann�ingSprings" 9 TENNESSEE ;' t 4a4t_ Pensacola Gonzales Natchez Memphis c r txg` Fort Myers t, t`t r , �,� Fort Pierce pompano New Orleans, , Southaven' ::,{s,, z�,,, s Saint Augustine l �Y > ' �It �i @(iy IInesyilL8r;.� Sanford I 4 t, ' t,w�•i `f".'N q', .1. F a.'.`�t y� C.,. . ,: 1 j ' j� a',, ' z {. i l S� t 'r t ,. �r 1 � i 1,44 r,''t t 1 S t` 1�rr j, 4 ,t , t 4 ti?,� R rrp` •O Y 1 .1 3 `..t , �, Y , , -t 1 1�11 '' `'•34 •' f9 r•):7 i' y i' 4' k:', t - t �'' �1..' i r S;' ���i.'4 �i rt , .t. r3r I /i�. ii. '�‘I r, r !1S C = a �t . .,"4.47., t. ,i''',1-. . ,t..8 tkrtir.,.4,2 i."-- 0 t �.E ,'3 a ; ' P` ;tt `3,1t ,1' t� z) ' f #�r1trit t '' � t�,' CO i3W1°5' Rd1` tOFFICE 1 , ' ry Caring For Our Communities 11 , 2101 State Roca 434•k�t1 . ,Suite .t ' �. Longw0�d,-87 •' 407-86980FL0 •wasteprousa.com Fax 407 869 8884327 9 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 Please see attached form. Have you any similar work in progress at this time? Yes X No_ Length of time in business 20 years months. Bank or other financial references: Please see attached Wells Fargo financial capability letter. (Attach additional sheets if necessary) RFQ#21-007 Residential C&D Franchise 17 .I111111TE, PRO 3'Ca{{/ng For Oukoingf,R 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, of within past three (3) years. Because Waste Pro:services so many of and size this project aye listed those which are closest/most resemble Florida's municipalities,we'h _ .The'City of:Ocoee 1) City of Sanford Date.of Contract: 6/1/2007—present Amount of Project: $5.88M annually Client's Name and Address: City of Sanford, 300 N. Park Ave., Sanford Fl 32771 Telephone Number:407-688-5009 Email Address: nbonaparte@Sanfordfl.gov Name of Contact: Norton Bonaparte, City Manager 2) City of Winter Park Date of Contract: 5/1/2009—present Amount of Project: $3.02M annually Client's Name and Address: City of Winter Park, 401 S. Park Ave., Winter Park Fl 32789 Telephone Number: 407-876-2563 . Email Address: mneuner@cityofwinterpark.org Name of Contact: Michelle Neuner,Assistant City Manager 3) City of Winter Springs Date of Contract: 3/1/2006—present Amount of Project: $2.18M annually Client's Name and Address: City of Winter Springs, 1126 East S.R. 434, Winter Springs, Fl 32708 Telephone Number: 407-327-5957 Email Address: sboyle@winterspringsfl.org Name of Contact: Shawn Boyle, City Manager 4) City of Lake Mary Date of Contract: 10/1/2015—present Amount of Project: $1.88M annually Client's Name and Address: City of Lake Mary, 100 N. Country Club Road, Lake Mary, Fl 32746 Telephone Number: 407-585-1419 Email Address: ksmith@lakemaryfl.com Name of Contact: Kevin Smith, City Manager Page 1 of 2 WAASTJ PRO ` + _Son 4For Our Comm nTtte,r r"` 5) City of Maitland Date of Contract: 10/1/2013—present Amount of Project:$1.40M annually Client's Name and Address: City of Maitland, 1776 Independence Ln., Maitland Fl 32751 Telephone Number: 407=539-6221 Email Address: sanselmo@itsmymaitland.com Name of Contact: Sharon Anselmo, City Manager Page 2 of 2 . -L, : =g ,7 2101 West SR 434 I Suite 301 I Longwood, FL 32779 �,id � ailt rAriu T (407) 869-8800 ,r,,1 . '0 �'_.*, !_.z .z. F (407) 869-8884 `, Car�{ng f 1:4,.: C,o�n�nettie April 23,2021 Joyce Tolbert,CPPB Procurement Manager City of Ocoee 150 N.Lakeshore Drive Ocoee,FL 34761 RE:RFQ#21-007 Exclusive Franchise for Residential Construction and Demolition Debris Removal Dear Ms.Tolbert, Waste Pro of Florida, Inc. is a financially stable company that has assets in excess of$360 million and generated$84 million in cash flows from operations in 2020. We have operated profitably since 2006 are profitable thus far in 2021. We have approximately $122 million of borrowing availability through our $215 million revolving ABL credit facility,led by Wells Fargo. All our debts are paid currently, and Isee no circumstances that would change that situation. I can assure you that we have the necessary financial resources to honor all requirements of the City of Ocoee. We are not currently,nor have we ever been involved in any bankruptcy proceedings. Should you have any questions regarding these matters,please feel free to contact me. Sincerely, c.:...:. ....,. ----ral-41—:- Cort Sabina Vice President&Chief Financial Officer Waste Pro of Florida,Inc. www.wasteprousa.com Ti6) RESPONDENT:Waste Pro of Florida, Inc. 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: Please see attached form. 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 18 11WA"STE VRO 3;'.'CariZgForOyFComntu�t s�., 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: City of Sanford ADDRESS: 300 N. Park Ave.,Sanford Fl 32771 CONTACT PERSON: Norton Bonaparte, City Manager PHONE NO.: 407-688-5009 2. COMPANY NAME: City of Winter Park ADDRESS: 401 S. Park Ave.,Winter Park Fl 32789 CONTACT PERSON: Michelle Neuner,Assistant City Manager PHONE NO.: 407-876-2563 3. COMPANY NAME: City of Winter Springs ADDRESS: 1126 East S.R.434,Winter Springs Fl 32708 CONTACT PERSON: Shawn Boyle,City Manager PHONE NO.: 407-327-5957 4. COMPANY NAME: City of Lake Mary ADDRESS: 100 N. Country Club Rd., Lake Mary Fl 32746 CONTACT PERSON: Kevin Smith, City Manager PHONE NO.: 407-585-1419 5. COMPANY NAME: City of Maitland ADDRESS: 1776 Independence Ln, Maitland, Fl 32751 CONTACT PERSON: Sharon Anselmo, City Manager PHONE NO.: 407-539-6221 Page 1 RESPONDENT:Waste Pro of Florida, Inc. 19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT 1. Do you have any clarifications and exceptions to the proposed Franchise Agreement? Yes X 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 19 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. (Remainder of page left blank intentionally) RFQ'#21-007 Residential C&D Franchise 22 11/49, ocoee florlda 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: X 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: Waste Pro of Florida, Inc. Firm Name Signature • Rvp Name and Title(Print or Type) • • • Date RFQ#21-007 Residential C&D Franchise 23 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. Waste Pro of Florida, Inc. 407-774-0800 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 407-786-0800 FAX (INCLUDE AREA CODE) esankey@wasteprousa.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNA (man 1) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE RINT) .37os s �oks 'lkw1 STREET ADDRESS a%FnfCO , 'PL. 32T1I CITY STATE ZIP FEDERAL ID#59-3701785 Pleasindividual XXX Corporation Partnership Other(Specify) Sworn to and subscribed before me this104 day of MON ,20al. Personally Known V or Produced Identification Notary Public-State of Florida (Type of Identification) County of (ADO , LuS. - i of Notary Public Wbanl(P Printe , yped or Stamped Commissioned Name of Notary Public 4)onr"0e q, CRYSTAL DUNLAP * c, * Commission#HH 067271 *, ;a�\o� Expires December 11,2024 frFop fl�Q Bonded Ttuu Budget Notary Services RFQ#21-007 Residential C&D Franchise 24 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 O.COEE, 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 set 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 25 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 extend 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) months 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 26 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 occur 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 27 • 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 28 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 sixty (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 franchisee 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 accepts 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 respect 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 29 City and the City shall have and maintain at all times and for all purposes 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 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 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 30 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 this 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 31 { 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 terms 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 entitled 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 32 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: 1 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 contemplated 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 33 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 for 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 between 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 constitute 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 34 provision or application. In the event any part, subsection or other portion of Section 12 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 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. [Signature pages to follow] • RFQ#21-007 Residential C&D Franchise 35 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, attested 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 . CITY OF OCOEE: in the presence of: By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk (SEAL) Signed, sealed and delivered FRANCHISEE: in the presence of: By: , President Attest: , Secretary (SEAL) For use and reliance only by the City of Ocoee, Florida. Approved as to form and legality APPROVED BY THE OCOEE CITY This day of , 2021. COMMISSION AT A MEETING HELD ON 2021 UNDER Shuffield, Lowman & Wilson, P.A. AGENDA ITEM NO. City Attorney RFQ#21-007 Residential C&D Franchise 36 • State of Florida Department of State - . , . [certify from the records of this office that WASTE PRO OF FLORIDA, INC. is a corporation organized under the laws of the State of Florida, filed on January 5, 2001. The document number of this corporation is P01000003611. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report • was filed on January 4-, 2021;and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the Slate of Florida at Tallahassee,the Capital, this the Fourth day of January,2021 Q ' ip'-SiNT -.:i:, ::--";'. ., *4.4.1#944... 9:§i4.' . Secretary of State Tracking Number:7720033323CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://sen'ices.swibiz.org/Filings/CertificateOfstatus/CertificateAuthentication :'lawofe oad 20 2 o: 0c. -• .:.;...::':•. :...�- � . .. ? V :;. e3 C ou n? az ha�=nr i:d' oi' Thii �:..:'PAID::.: g l0942492••••7114/20200a' Bue5':: .aRe_ p�t.:: r- satu6 ` tp lgo of oi'n�'`-hl .: dother'; ' ctoScon ofp. :.. . <. :.:.,:...0 y-aw.o"` :p }o ianD`Sn uent:-retY"sa %d O 'itl . nTaxi neTakRpt Islrtditiontoaid notny a(ae1dufroaOcty,. thobe xthr?ugh-,Se tiii6:er0:00tebePt_"ear' el .. .;IucalBu , euleut. ritfei•ThisYecoipt�s, m; • , ::• 700-06069eg• , :EXPRES: 3:0%2: - .r" "Y . .0WTE PICKUP/DELIVER ; $ 0.0 P s• • 0� / TO.TA LT • S.4 bo• - >' i2E I G ULAT ED:WA ST • — ":h. E 0 EGUL1 SLY•PAID- . $90:tl`.':'`";" --,'• i."•':/� ;:K ..:.>- }3 :::z° FLORIDA INC- 4O;SORIW•GE �•' 4. FLORtDA�I,•C•'`=..fi'+..-`/. •':- ' AT1t:D BBI U-ORLAND 328 �'? �t��+ .,,. E.WILSON`. ':::;`'-:;:..<::', = 3, ;5--...,D 8?7S`PARKYVAY ::-: SA N - F"- ORD'x. 32 FL 71 PAIDc $so:oo : oos 7 9=00942A92' 7/ ' i4/2tl20 • This receipt is:official Wheriv8lidated by:the:Tax Collector' i Tax:Co,hector Scotf .-' '�: :"'• Local Business Tax•IIeceipf•::•-:"-•' :-:;.:::•::;Oran a•Coun - .:FI :.: This local Business Tax Receipt is in a.,.,;i to'and riot in lieu of any'other tax required y.law.or.•munlclpai•ordinance;Bit messes are.subject:to"re u(atfon of zonin - ;:T.`and other ,_ "' •lawful au horities.This'receipt is valid from October 1 through September 30 of;receipt year Delinquent peria(ty Is added October .'. =•'9� " • 2 IRES�. '`9 • • :``••:,;:,,.,:>.,-.,., '' .`'',3'100=1164794 3100 RECYCLE PICKUP/DELIV $140.00 65 EMPLO t EES f •• TQTAL TAX '- 140.t)0• • e": • PRVIOUSLY•,,PAID:. ' NNINGS JOHN;J ;:: :;: . TOTAL DUE' - • . $0 00 fti :JE ,. • - : , �..;;INASTE PRO OF:,FLORIDA,,INC .: : : . - :.;fATTNDEBBIE•WIISON 1400,S.ORANGE •BLOSSOM TRL �i.::'',,�-,: ►�;',;;`r,; 370 SAINT JOHNS Pi<WY. U=ORLANDO;•32805 CU1V 1 11 ;SANFORD FL 3277.1,'` • PAID: $140.00', 0099•00942493 7/14/2020. " This receipt Is,official-wh•en validated by uie Talc Collector. ' • • • • • • • • • • 5: • AcaR0® CERTIFICATE OF LIABILITY INSURANCE D1T19MMIDD Y) 1 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR"NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: FAX _ 1560 Sawgrass Corporate Pkwy,Suite 300 PHONE O.Np.Ext): (AS,N is Sunrise,FL 33323 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN105058554-GAWUP-20-21 INSURER A:Greenwich Insurance Company__ 22322 INSURED INSURER B:XL Insurance America,Inc. 24554 Waste Pro USA Inc.and its subsidiaries 2101 W SR 434,Suite#301 INSURER C:National Fire&Marine Insurance Co 20079 Longwood,FL 32779 INSURER D:XL Specialty Insurance COmp� 37885 INSURER E: ' — INSURER F COVERAGES CERTIFICATE NUMBER: ATL-004672359-21 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR I TYPE OF INSURANCE TAINSD ISWVD I POLICY NUMBER I(MM/DDY EFF/YYYY)I(MM/DD//YYY Y) LIMITS A X COMMERCIAL GENERAL LIABILITY GEC300138203 11/22/2020 11/22/2021 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) S 500,000 MED EXP(Any one person) I$ 5,000 1 PERSONAL 8 ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 'GENERAL AGGREGATE S 2,000,000 X POLICY L._l PROT- I LOC JEC PRODUCTS-COMP/OP AGG S. 2,000,000 I OTHER: - $ " A I A I ANY AUTO X UTOMOBILE LIABILITY RAE943788403 11122/2020 1112212021 COMBINED SINGLE LIMIT I s 4,000,000 It (Ea accident) SIR:$1,000,000 BODILY INJURY(Per person) $ OWNED SCHEDULED - BODILY INJURY(Per accident) S AUTOS ONLY AUTOS ..__— HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) S C X UMBRELLA LIAB X OCCUR 42UM030953402" 11/22/2020 11/2212021 EACH OCCURRENCE S 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 5,000,000 DED I 1 RETENTIONS S B WORKERS COMPENSATION RWD300138003(AOS) 11/22/2020 11/22/2021 1 X I PER I I OTH- ANDEMPLOYERS'LIABILITY STATUTE ER' ANYPROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT S 1,000,000 OFFICERIMEMBEREXCLUDED? N NI A (Mandatory in NH) E.L_.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT S D Excess Workers Compensation RWE943549703(FL,GA) 11/22/2020 11/22/2021 Employers Liability: 1,000,000 SIR: 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Exclusive Residential C&D Debris Removal Franchise Agreement. City of Ocoee is an Additional Insured with respects General Liability where required by written contract General Liability policy shall be Primary to any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION City of Ocoee SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 150 N.Lakeshore Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ocoee,FL 34761 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ' Manashi Mukherjee &e2t_>Uu.,-c,c- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: CN105058554 LOC#: Lauderdale �1 ® AR D ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Waste Pro USA Inc.and its subsidiaries 2101 W.SR 434,Suite#301 POLICY NUMBER Longwood,FL 32779 CARRIER NAIC CODE ' EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25' FORM TITLE: Certificate of Liability Insurance. Contractors Pollution Legal Liability-Job Site • Pollution Condition resulting from Contracting Services defined as: Trash compactor installation and maintenance Carrier.Indian Harbor Insurance Company Policy Number:PEC004900303 Dates:01/01/2020-01/0112021 Limit:S2,000,000 each Pollution Condition;S2,000,000 Annual Aggregate Sett-Insured Retention:S25,000 • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofACORD WASTE PRO OF FLORIDA, INC. DRUG-FREE WORKPLACE COMPANY POLICY Recognizing that substance abuse(including alcohol)is a detrimental problem facing society,this company will do the best we can to actively fight this problem. One of the ways we are addressing this problem is by implementing and maintaining a substance abuse policy to ensure the company will be a drug-free workplace. We understand employees and applicants under a physician's care may be required to use prescription drugs;however, illegal use of prescribed medications is also substance abuse and will be dealt with in the same manner as the abuse of illegal substances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive,drug-free environment. We encourage those who abuse drugs and/or alcohol to voluntarily seek help. This policy contains an employee assistance resource file which allows employees and their families to find help in dealing with alcohol or drug abuse. However, it is the employee's responsibility to seek help before drug and alcohol problems lead to disciplinary action. Legal Drug: Includes prescribed drugs and over-the-counter medications which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured. Illegal Drug: Any drug: (a) which is not legally obtainable; (b)which may be legally obtainable but has not been legally obtained;or(c)which is being used in a manner or for a purpose other than as prescribed. This company's Standard of Conduct requires that employees of this company shall not use illegal drugs or abuse alcohol Or prescription medications. Any employee determined to be in violation of this policy is subject to disciplinary action,even for the first offense. In order to maintain this standard, this company shall establish and maintain the program and rules set forth below,under applicable State law as outlined in Addendum A. A. Post-Offer Job Applicant Screening This company will conduct post-offer drug tests designed to prevent the hiring of individuals who use illegal drugs or abuse prescription medications. If a job applicant refuses to submit to the required drug test, tampers with or adulterates a drug test specimen or has a confirmed positive drug test result; he/she forfeits his/her eligibility for employment. B. Current Employee Screening This company will conduct drug and/or alcohol screens, as outlined in this policy, to identify employees who use illegal drugs or abuse alcohol,etc.,either on or off the jobs It shall be a condition of continued employment that all employees submit to a drug and/or alcohol screen in accordance with the provisions listed below.This company may suspend employees without pay,under this policy,pending the results of a drug and/or alcohol test or investigation. 1. Reasonable Suspicion Testing "Reasonable suspicion testing" means drug and/or alcohol testing based on an employer's belief that an employee is.using or has used drugs in violation of the employer's policy, drawn from specific visual or verbal facts that would lead a reasonable person,,without any medical training but normal life experiences,to conclude the possibility of drug and/or alcohol use. Whenever possible, the supervisor who is suspicious of an employee's behavior should have the suspicious behavior confirmed by another supervisor or manager before requiring the employee to be tested. Employees who refuse to be tested will be terminated. If there is reasonable suspicion that an employee is under the influence of drugs and/or alcohol,the employee will be required to undergo drug and/or alcohol testing at a laboratory chosen'by the company. Occurrences that may be indicators of substance abuse and are considered grounds for reasonable suspicion are: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use,provided by a reliable and credible source. d. Evidence that an individual has tampered with a drug test during his employment with the current employer. e. Information that an employee has-caused,contributed to,or been involved in an accident while at work. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle,machinery,or equipment. If an employee is arrested for or convicted of a drug-related crime, this company will investigate all of the circumstances, and company officials may utilize the drug-testing procedure if cause is established by the investigation. An arrest for a drug-related crime constitutes reasonable suspicion of drug use under this policy. As a condition of employment, an employee must.notify. the company's manager of Human Resources of any criminal drug statute arrest or conviction within five(5)days of such arrest or conviction. 2. Accident and Injury Procedures Any employee involved in a work related accident, which requires.medical treatment, above and beyond first-aid,must first receive treatment. The employee must then submit to a post-accident drug screen. A post- accident alcohol test may apply. The employee must report for testing to the designated collection site within 24 hours of the accident,if the drug and/or alcohol collection is not performed following treatment.Failure to do so will be considered a refusal to test,resulting in immediate termination. 3. Routine Fitness-for-duty This company must require an employee to submit to a drug test IF the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of this company's established policy OR that is scheduled routinely for all members of an employment classification or group.Employees subject to any routine fitness-for-duty testing will be notified in writing and be required to sign a routine fitness-for- duty consent form. 4. Return to work and Follow-up drug testing If an employee in the course of employment voluntarily enters an employee assistance program for drug- related problems, or an alcohol/drug rehabilitation program; this 'company must require the employee to submit to a,drug and/or alcohol test as a follow-up to such program. Follow-up testing must be conducted at least once a year for a two(2)year period after completion of the program. Advanced notice of a follow-up testing date must not be given to the employee to be tested. 5. Random Testing This company may conduct random drug testing, as stated in Florida Statutes 440.102. A third-party company designated by this company will generate a computerized random list of employees who would be required to submit to a random drug screen. When an employee is chosen for a random drug screen, their name automatically returns to the pool for future random tests. • C. Basis for Discipline or Termination 1. Illegal Drug Use and Alcohol Abuse Any employee using, selling, purchasing, possessing, soliciting or distributing illegal drugs and/or unauthorized alcoholic beverages on company property or company business will be in violation of this policy,resulting in immediate termination of employment. Any employee who has a confirmed positive drug and/or alcohol test,as determined under applicable state law and.listed below,will be subject to the company disciplinary action,as outlined in the company Employment Acknowledgment Agreement Form. Table of Positive Drug Levels In Urine Drug to Be Tested For: Drue Initial Confirmation Drug Initial Confirmation ***See Addendum"A"Alcohol Levels*** Barbiturates 300 ng/ml 150 ng/ml Amphetamines 1,000 ng/ml 500 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cannabinoids 50 ng/ml 15 ng/ml hlethaqualonc 300 ng/ml 150 ng/ml Cocaine 300 ng/ml 150 ng/ml btethadone300 ng/ml 150 ng/ml Opiates 2000 ng/ml 2000 ng/ml Propoxyphene 300 ng/ml ISO ng/ml' Phencylidine 25 ng/ml 25 ng/ml Any employee who has a confirmed positive drug and/or alcohol test may forfeit eligibility for medical and indemnity benefits under applicable State law and may also forfeit unemployment benefits, under applicable state law. 2. Refusal to Test Any employee who refuses to submit to a required drug and/or alcohol.test will be subject to immediate termination of employment. A tampered with or an adulterated drug and/or alcohol specimen, will be considered a refusal to test, resulting in termination of employment. Any employee who refuses to test, tampers with or adulterates a drug and/or alcohol specimen, will automatically forfeit eligibility for medical and indemnity benefits under applicable Worker's Compensation Law and will also forfeit unemployment benefits"under applicable State law. D. Confidentiality 1. All information, interviews, reports, statement memoranda and drug test results, written or otherwise, received by the employer through a drug testing program are confidential communications and may not be used or.received in evidence,obtained in discovery,or disclosed in any public or private proceedings,except • in accordance with this Rule,in determining compensability under Chapter 440.101 &440.102 FL.Statutes. 2. Employers,testing laboratories,employee assistance programs,drug and alcohol rehabilitation programs and their agents who receive or have access to information concerning drug,test results shall keep all information confidential.Release of such information under any other circumstances shall be solely pursuant to a written consent form signed voluntarily by the person tested,unless such release is compelled by a hearing officer or a court of competent jurisdiction, in pursuant to an appeal taken under this section, or unless deemed appropriate by a professional licensing board in related disciplinary proceedings. The consent form must contain,at the minimum,the following: a. The name of the person authorized to obtain the information. d. The duration of the consent. b. The signature of the person authorizing release. e. The precise information to be c. The purpose of the disclosure. disclosed. 3. Information on drug test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section shall be inadmissible as evidence in any such criminal proceeding. 4. Nothing herein shall be construed to prohibit the employer,agent of the employer,or laboratory conducting a drug test from having access to employee drug test information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to the company or its agents defense in a civil or administrative matter. E. Prescription and Non-Prescription Medications This company will provide a standard form for the employee to confidentially report the use of prescription or non- prescription medications to the Medical Review Officer both prior to and after the drug or alcohol test. No • prescription drug shall be brought upon the premises by any person other than the person for whom the drug is • prescribed by a licensed medical practitioner, and shall be used only in the manner so prescribed. Employees must keep all such prescription medicines in the original container which identifies the date of the prescription and the prescribing physician. Employees should report the use of any prescribed medication which may alter the employee's physical or mental ability, prior to commencing work. This company retains the right to change the employee's job assignment during the term of treatment. F. Drugs To Be Tested For: Common and Chemical Name Over-the-counter and prescription drugs which could alter or affect'the outcome of a drug test: ALCOHOL: (booze,drink,beer,liquor,wine,moonshine)All liquid medications containing ethyl alcohol(ethanol). Please read the label for alcohol content. As an example,Vick's Nyquil is 10%(20 proof)ethyl alcohol,Comtrex is 20%(40 proof)and Listerine is 26.9%(54 proof). AMPHETAMINES: (bennies, black beauties, crystal, speed, uppers, crank) Obetrol, Biphetamine, Desoxyn, Dexedrine,Direx. CANNABINOIDS: (marijuana,hashish,maryjane,grass,reefer,pot,dope,etc.) Marino](Dronabinol,TEC). COCAINE: (coke,crack,,blow,nose candy,toot,snow) Cocaine HCI topical solution(Roxanne) PHENCYCLIDINE: (PCP,angel dust)Not legal by prescription. METHAQUALONE: (lodes,qualude,optimil,parest)Not legal by prescription. OPIATES: (heroin, horse,smack, powder)Paregoric,Prepectolin,Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitusin AC, Guituss AC, Novahistine DM, Novahistine Expectorant, Dilaudid (Hydromorphine), M-S Contin and Roxanol (morphine and sulfate), Percodan, Vicodin,.etc. BARBITURATES: (barbs,rainbows,downers,golfballs,reds,blues) Penobarbital, Tuinal, Amytal, Nembutal, Seconal,Lotusate,Fiorinal,Fioricet,,Esgic,-Butisol,Mebaral,Butabarbital,'Butabital,Phrenilin,Triad,etc. BENZODIAZEPINES: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran,Halcion,Paxipam,Restoril,Centrax. METHADONE: Dolphine,Methadose PROPDXYPHENE: Darvocet,Darvon N,Dolene,etc. This company will test for the minimum of drugs which is described as a five (5) panel test(amphetamines,opiates, cocaine,pep,cannabinoids),but is allowed to test up to all 10 drugs and alcohol;as listed above. G. Challenge to Test Results 1. A requirement of a drug-free workplace program is that within five working days after receiving notice of positive, confirmed test result, the employee must be allowed to submit information to the Medical Review Officer explaining or contesting the test results. If the employee's explanation or challenge of the positive test result is unsatisfactory to the employer, the employee must be notified within fifteen days that the explanation is unsatisfactory-and be given a copy of the positive test results.All documentation_shall be kept confidential by the employer and shall be retained by the employer for at least one year. 2. An employee or job applicant may undertake an administrative challenge by filing.a claim for benefits with a Judge or Compensation Claims,or if no workplace injury has occurred, the person must challenge the test result in a court of competent jurisdiction. - H. Employee's Responsibility When an employee undertakes a challenge, it shall be the employee's responsibility to notify the Medical Review Officer and the sample shall be retained by the laboratory until the case is settled. Laboratory Assistance The Medical Review Officer,designated by this company, shall provide clinical/technical assistance to the employee for the purpose of interpreting positive, confirmed test results which could have been caused by prescription or non- prescription medication taken by the employee. Additionally,employees and job applicants have the right to consult the laboratory for technical information regarding prescription or non-prescription medication. J. Employee Protection 1. Upon implementation of a drug-free workplace program, the employer shall detail in writing, within seven (7) days after testing an employee who had exhibited suspicious behavior, the circumstances leading to a determination of reasonable suspicion of dnig and/or alcohol abuse .to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept and retained confidentially by the employer for at least one(1)year. 2. During the 180-day period after written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permitted by the employer to have a portion of the specimen re-tested at the employee's expense. Such re-testing shall be done at another AHCA licensed, SAMSHA or NIDA approved laboratory chosen by the employee or job applicant. The second laboratory must test for equal or greater sensitivity for the drug in question.The first laboratory is responsible for the transfer of the portion of the sample to be re-tested,and for the integrity of the chain-of-custody during the transfer. 3. The testing laboratory may not disclose any information concerning the health or mental condition of the tested employee. 4. This company may not request or receive from any testing facility any information concerning the personal health,habits,or condition of the employee or job applicant,including the presence or absence of HIV antibodies in that persons body fluids. 5. This company may not discharge, discipline, refuse to hire, discriminate against, or request or require • rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test. All initial positive results are automatically subject to a GC/MS confirmation test before any results are reported to the Medical Review Officer. 6. This company may not discharge, discipline or discriminate against an employee solely on the employee's voluntary seeking of treatment while employed by the company for a_drug-related incident, if the employee,has • not previously tested positive for the dnig,entered an employee assistance program for drug-related problems,or entered an alcohol and drug rehabilitation program. K. Investigation To ensure that illegal drugs and alcohol do not enter or affect the workplace,this company reserves the right to search all vehicles,containers,lockers,or other items on this company's property in furtherance of this policy.Individuals may be requested to display personal property for visual inspection upon this company's request. Searches will be conducted only where this company has reason to believe that the employee has violated this company's substance abuse policy. Failure to consent to a search or display personal_property for visual inspection will be grounds for discharge or denial of access to this company's premises. Searches of an employee's personal property will take place only in the employee's presence. All searches under this policy will occur with the utmost discretion and consideration for the employee involved. Individuals may be required to empty their pockets,but under no circumstances will an employee be required to remove articles of clothing or be physically searched. Because the primary concern is the safety of its employees and their working environment, this company.will,not normally prosecute-the.employee in maters involving illegal substances.However,this company will turn over all confiscated drugs to the proper law enforcement authorities. Further,this company reserves the right to cooperate with or enlist the services of proper law enforcement authorities in the course of any investigation. L. Collective Bargaining Rights. This policy does not eliminate the bargaining rights of any employee covered under any collective bargaining agreement between this company and any certified labor organization as provided in the collective bargaining process,if applicable. M. AHCA(Agency for Health Care Administration) Certified Testing Laboratories and MRO This company uses only AHCA certified testing laboratories and AAMRO Certified Medical Review Officers. For information concerning laboratories and medical review officer services please contact: Total Compliance Network/South Atlantic Testing Services*(954)677-1200* 5440 NW 33'd Avenue,Suite 106,Ft. Lauderdale,FL 33309 • N. Employer Protection This policy supercedes any information provided to applicants and/or employees, either written or oral. This company reserves the right to change provisions of this policy and testing program at any time in the future. O. Drug Referral Services and Support Groups Nationwide: 1. Alcohol Hot-line: 1-800-ALCOHOL,24 hour referral line for information on programs designed for alcoholics. 2. Cocaine Hot-line: 1-800-COCAINE,24 hour referral line for information on programs-designed for cocaine abuse. 3. National Drug& Alcohol Treatment and Referral Hot-line: 1-800-662-4357,Confidential information on treatment, self-help,and support programs for drug users. P. Educational.Material On Substance Abuse • WHAT IS SUBSTANCE ABUSE? Substance abuse is the harmful and dangerous use of alcohol and/or other drugs. it affects all types of workers; male and female, young and old, production workers, executives, supervisors, clerical workers, and maintenance personnel. Anyone can have a substance abuse problem. It can be prevented or treated by Substance Abuse Professionals. Alcohol and drugs 'may give the illusion of freeing you from the fears, responsibilities, and petty hassles of everyday life. It can destroy you physically and mentally. Most people abuse drugs and alcohol as an escape from other problems such as family problems,low self-esteem, financial worries and/or feelings of inadequacy. Many of us enjoy an occasional social drink or take legal drugs under a doctor's supervision. That is okay as long as we don't overdo it and misuse the substances. Various people handle alcohol in different ways. It isn't necessarily how much you drink, it's what happens when you drink; how it affects your life and those around you: Besides hanning'your body and mind, most abused drugs are illegal. Buying and using them could result in arrest,fines or even jail! The typical reasons given for taking the express train to Utopia with drugs are it helps me relax, it heightens the senses, it expands the mind and/or it makes me feel confident. The truth is, you can achieve these same feelings naturally without destroying your body and life. A "natural high " is legal. Hiding behind drugs or alcohol could lead to the biggest mistake of your life. Everyone pays for substance abuse. Abusers often have legal or health problems, conflicts at home, accidents on and off the job. Substance abuse is a major factor in half of all divorces.It contributes to domestic violence,.child abuse and sexual abuse. Working with substance abusers can be unpleasant and dangerous. Substance abuse destroys work performance, resulting in reduced productivity,motivation,quality of work and increased employee theft. It is never too late or too soon to change a.substance abuse problem. If you suspect that you have a problem,don't think that it will go away if you ignore it. Il will only gel worse. The first thing you must do is accept the fact that abusing drugs and alcohol is like playing with fire-it can and will destroy the lives of people just like you everyday. Pushing yourself to the limit with drugs and alcohol will only destroy all that you hope to be. Talk to a close friend about your problem,if your friends keep telling you that you have a problem, listen to them and take a good look at yourself. Sometimes it's not easy to see ourselves clearly. Many companies have employee assistance programs(EAP`s)that refer you to professionals and groups to help you with your problem. They also provided information about insurance coverage for treatment. These programs are voluntary and confidential! No one can make you go or hold it against you if you do go. Your company realizes that anyone who is willing to seek help deserves the company's support. Another source for help is your phone book Look in the yellow pages for Health Organizations, Social Services and Mental Health Organizations. Since substance abuse harms everyone,join with others to oppose it. Encourage those who need help to get it, at work or in the community. One of the most effective ways to fight substance abuse at work is for employees to unite,against it.Make it clear that alcohol or drug use on the job is absolutely unacceptable. THE MOST ABUSED SUBSTANCES AND THEIR EFFECTS ARE: ALCOHOL - Alcohol is legal, socially acceptable and inexpensive substance to use. Because it is accepted part of many occasions,it's hard to recognize when you cross the invisible line from social drinking and abusive drinking. The following check list may help you determine if you have a drinking problem. Do You: *lose time from work due to drinking? *want to drink in the-morning? *have trouble sleeping? *drink to feel more confident or outgoing?*feel easily frustrated?*find you are overanxious or oversensitive? *blame others for your problems? *drink alone? *let family or job responsibilities slide? *forget what happened when you're drinking? *find you have lost weight? *find your mind is not working quickly*have violent mood swings If you drink regularly,answering"yes"to any of these questions could indicate that you have a drinking problem. .Admilling that you have a problem is the first step. The best place to start solving it is by contacting Alcoholics Anonymous. An AA group is as close as your phone book. Alcohol is a central nervous system depressant and is the most widely abused drug. About half of all auto accidents fatalities in this country are related to alcohol abuse. Fact: A 12-ounce can of beer,a 5-ounce glass of wine and a 1-1/2 ounce shot of hard liquor all contain about the same amount of alcohol. Coffee,cold showers and exercise do not quicken sobriety. Each one-half ounce of alcohol takes the average body about-one hour to process. Alcohol first acts on those parts of the brain that affect self-control and other learned behaviors. Low self-control often leads to the aggressive behavior associated with some people who drink. In large doses, alcohol can dull sensation and impair muscular coordination, memory and judgment. Taken in larger quantities over a long period of time alcohol damages the liver and heart and can cause permanent brain damage. On the average, heavy drinkers shorten their life span by about ten years.Other Effects: *greatly impaired driving ability *reduced coordination and reflex action *impaired vision and judgment*inability to divide attention *lowering inhibitions *overindulgence (hangover) can cause: headaches, nausea, dehydration, unclear thinking, unsettled digestion and/or aching muscles. MARIJUANA-Marijuana is also known as"grass","pot","weed","Mary Jane","herb","a joint"and"a•roach",among the other street names. Fact: While alcohol dissipates in a matter of hours,marijuana stays in the body for 28 days.Marijuana alters sense of time and reduces the ability-to perform tasks requiring concentration,swift reactions and coordination. The drug has a significant effect on judgment,caution,and sensory/motor abilities. Other Effects: *increased pulse rate and blood pressure *rapidly changing emotions and erratic behavior *altered sense of identity *impaired memory*dulling of attention *hallucinations,fantasies and paranoia *reduction or temporary loss of fertility COCAINE - is a stimulant drug, which increases heart rate and blood pressure. As a powder, Cocaine is inhaled (snorted), ingested, or injected. It is known as "coke", "snow", "nose candy" and "lady". Cocaine is also used in a free- base form known as "crack"or "the rock"which is smoked. It acquired its name from the popping sound heard when it is heated. Fact: Many people think that because crack is smoked, it is"safer"than other forms of cocaine use. It is not. Crack cocaine is one of the most addictive substances known today. The crack "high" is reached in 4-6 seconds and last about 15 minutes. The most dangerous effects of crack is that it can cause vomiting, rapid heartbeat,tremors and convulsive movements. All of this muscle activity increases the demand for oxygen, which can result in a cocaine-included heart attack. Since the heart regulating center in the brain is also disrupted, dangerously high body temperatures can occur. With high doses, brain functioning,breathing and heartbeat are depressed-leading to death. Other Effects: *impaired driving ability * anxiety *reduced sense of humor *accelerated pulse, blood pressure and respiration mood swings* heightened, but momentary, feeling of confidence, strength and endurance *paranoia, which can trigger mental disorders in users prone to mental instability*repeated sniffing/snorting results in irritation of the nostrils and nasal membrane*compulsive behavior such as teeth grinding or repeated hand washing AMPHETAMINES-are drugs-that stimulate the central nervous system and promote a feeling of alertness and an increase in speech and general activity. Some common street names for amphetamines are " speed", "uppers", "black.beauties", "bennies","wake ups".,"football"and"dexies'. Fact:People with a history of sustained low-dose use quite often become dependent and believe they need the drug to get by. These users frequently keep taking amphetamines to avoid the down mood they experience when the high wears off. Even small, infrequent doses can produce toxic effects in some people. Restlessness, anxiety, mood swings, panic, heartbeat disturbances,paranoid thoughts,hallucinations,convulsions and coma have been reported. Other Effects: *loss of appetite*irritability,anxiety,apprehension*increased heart rate and blood pressure*difficulty in focusing eyes *exaggerated reflexes*distorted thinking*perspiration,headaches and dizziness *short term insomnia OPIATES- Opiates, including heroin, morphine, and codeine, are narcotics used to relieve pain and induce sleep. Common street names are"horse","hard stuff',"M","brown sugar","Harry"and"Mr.H". • Fact: Heroin, also called "junk", or"smack", accounts for 90% of the narcotic abuse in this country. Sometimes narcotics found in medicines,are abused. This includes pain relievers containing opium and cough syrups containing codeine. Heroin is illegal, and cannot even be obtained with a physician's prescription. Most medical problems are caused by the uncertain dosage level,use of unsterile needles,contamination'of the drug,or combination of a narcotic with other drugs. These dangers depend on the specific drug,its source and the way it is used. Other Effects: *reduced vision,impaired driving ability*change in sleeping habits,drowsiness followed by sleep*constipation, decreased physical ability*short-lived state of euphoria,possible death PHENCYCLIDINE (PCP) - also called "angel dust", "rocket fuel", "super kools" and "killer weed" was developed as a surgical anesthetic in late 1950's. Later due to it's unusual side effects in humans, it was restricted to use as a veterinary anesthetic and tranquilizer. Fact: PCP'is a very dangerous drug. It can produce violent and bizarre behavior even in people not otherwise prone to such behavior. More people die from accidents caused by erratic and unpredictable behavior produced by the drug than from the drug's direct effect on the body. PCP scrambles the brain's internal stimuli and alters how users see and deal with their • environment. Routine activities like driving and walking become very difficult. Low doses of PCP produce a.rush,sometimes associated with a feeling of numbness. Increased doses produce an excited, confused state including any of the following: muscle rigidity, loss of concentration and memory, visual disturbances, delirium, feelings of isolation and convulsions. Other Effects: *impaired driving ability *drowsiness *thick, slurred speech *blank stare *involuntary eye movement *perspiration *repetitive speech patterns*incomplete verbal responses COMBINATIONS OF DRUGS-The number of drug variations that can be made,mixed and distributed is almost unlimited. Combining drugs makes physical and mental effects unpredictable and often much more servere than if the same drugs were taken separately.Combining alcohol with depressants,cocaine, marijuana,etc.can be especially dangerous. As long as there is a demand for drugs.and alcohol there will be a supply,in ever-changing variations. The solution is preventing the demand for drugs and alcohol. • • • ADDENDUM"A" This addendum contains the following information for each applicable State: 1. Individual applicable State laws. 2. Positive alcohol levels,and acceptable type of specimen for alcohol testing. 3. Information on drug and alcohol referral services and support groups. 4. Any additional information or changes to standard policy,if required under applicable State law. A. Florida 1.Fla.Stat.Ann§440.101-440.102(2003)Fla Admin.Code Ann.r. 59A-24(2000) 2.Alcohol-Blood.04 g/dl. Where to seek help: Project Refocus Inc. Community Treatment Center Drug Abuse Treatment Assoc. 254 South CR 427 1215 Lake Dr. 4590 Selvitz Rd. Suite 229 Cocoa,FL 32922 Suite B Longwood,FL 32750 (321)632-5958 Ft.Pierce,FL 34981 (407)332-9918 (561)595-3322 Metamorphosis Gateway Community Services Putnam Behavioral Healthcare 4201 SW 215'Place 555 Stoekton St. 320 Kay Larkin Dr. Gainesville,FL 32607 Jacksonville,FL.32204 Palatka,FL 32177 (352)955-2450 (904)387-4661 (386)329-3784 x 8661 Operation Par Inc. 3049 Cleveland Ave. Suite1•09 Ft.Myers,FL 33901 (239)338-2300 B.Georgia 1.GA.Code Ann.§34-9-17(1998),§§34-9-410 to 421 (2002), §33-9-40.2(2000)and§34-8-194(2)©(1998). 2. Alcohol-Blood or Breath.08 g/dl. Where to seek help: Advantage Behavioral Atlanta Metro Treatment Center Athens Area 195 Miles St. 6500 McDonough Dr. 840 Hawthorne Ave. Athens,GA 30601 Suite B-2 Athens,GA 30606 (706)369-5745 Norcross,GA 30093 (706)546-7455 (703)242-7865 Eduactional Requirements This company will provide a semi-annual education course to assist employees in.identifying personal and emotional problems which may result in the misuse or alcohol or drugs;legal,social,physical and emotional consequenses of the misuse of alcohol Or drugs:and the Employer's policies and procedures regarding substance abuse and utilization of any employee assistance program offered by this company. 1.Employee Education During the first year of this program, this company will provide all employees With a semi-annual substance abuse education program. The education program will be at least one hour and include information on: (1) the disease model of addiction for alcohol and drugs: (2)the effects and dangers of substance abuse in the workplace; and (3) the company's policies regarding substance abuse in the workplace and how employees can both obtain substance abuse treatment. During any subsequent years of certification,this company will provide all employees with an annual educational program. 2.Supervisor Training During the first year-of certification this company will provide all supervisors with the same semi-annual substance abuse education program as employees. In addition,this company will provide all supervisors with at least two hours of training on: (1) how to identify and document substance in the workplace;and(2)how to refer employees to treatment providers. During any subsequent years of certification,this company will provide all supervisors with a minimum of hour training.. • C.South Carolina 1.S.C.code Ann§42-9-60(1985);§41-1-15(supp.2003)and§38-73-500(2002).Dept.of Insurance Bulletin 97-3. 2.Alcohol-Blood or Breath-.04 g/dl. 3.All employees will be subject to random drug testing,as outlined in the policy. Where to seek help: Beaufort County . New Life Center Axis I Center of Barnwell 1905 Duke St. 102 Ginn Altman Dr. I-644 Jackson St. Suite 270 Hampton,SC 29924 Barnwell,SC 29812 Beaufort,SC 29902 (803)943-2800 (803)541-1245 (843)470-4545 Conclusion 1. Changes in applicable State laws may occur and this company will enforce current applicable State laws, without notice. 2. Positive alcohol levels and acceptable types of specimens for alcohol testing may change for any reason, without notice,and may be considered a policy violation resulting in disciplinary action. 3. Information on drug and alcohol referral services and support groups may change without notice. • 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. Hubbard Construction Company 407-645-5500 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 407-623-3865 FAX (INCLUDE AREA CODE) mike.stacey@hubbard.com E-MAIL ADDRESS `'r II 4IId 46-41 IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(ma ual) FROM PURCHASE ORDER ADDRESS, P. Frederick O'Dea,Jr., Secrtary&VP PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) 1936 Lee Road STREET ADDRESS Winter Park FL 32789 CITY STATE ZIP FEDERAL ID#59-0594298 Individual X Corporation Partnership Other(Specify) Sworn to and subscribed before me this I 0 day of (V e7 ,20 2,1 . Personally Known X or Produced Identification NSA Notary Public-State of Florida (Type of Identification) County of Orange ,. gnatu.e otary Pu I "i:" WENDY J VICKERY i Wendy J Vickery oti►R• 1 ' 0 Notary mission kt Florida GG 315393 ; Printed,Typed or Stamped Commissioned 'toff$;° My Comm.Expires Jun 19,2023 Name of Notary Public 4 Bonded through National Notary Assn. RFQ#21-007 Residential C&D Franchise 24 CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL ocoee Florida TABLE OF CONTENTS RFQ#21-007.; EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL 1 } 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 2 RFQ#21-007 Residential C&D Franchise 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 itolbert@ocoee.org. No Pre-submittal conference is scheduled at this time. Pros eotwve>respon'dents ay's cure]aT:zopy;ofa},0ocumentsrrequired-for'subhnfting- statements-ofgiialzficati'ons.at no clargethrougli Nego'inefrix4'6y`'accessing the City?aapublishe solicitatipn aff—i page,.,;: >`atr &13ttps://app negometrixscom/buyer/748:•;: ,y 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 3 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. Parospectiverespond=ents: aysecute agree eo io fitle documensfs accessing uir fosu mittng responsethroughNegometrxsNegometrx4platformiby-accesithe City's Nbished solicitation. ,.. ;page=; et-:;".,:;_;httpsa/app:negorrmetrix:com/buyer/748::° Please visit httpsa//wwV:ocoee.oro/323/Purchasing f 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.orq/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 4 { 1 accepted. There is no charge to use the Negometrix electronic bid submission platform. Re`istration:vi►itb,Ne •me rix,ts;free:and is::re aired-priorto°su :mini' 1 FQ = < ' j res ,o _se xYou will/beTregi iir'ed*register=once j oiftli`ck`t id PARTICIPATE BUTTON in thensolicitatidi fil"e =lt3isesegested�youf!defi pany`Teg steno'°la et than=24`-hours in 4.• , . w 3..,•.emu :=^„-,-»C..�.-..::�n:::':l,.e..["ryn�5.:L'e't.,-�1;�:x..r:.:�:....".a\" advance•oftheYRFQ'subitiission deadline to erisurre ropeKtegist ation. Should your company need assistance with registering,,please contact the Negometrix Service Desk by calling (724) 888-5294 or by emailing servicedesk.us a(�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.orq/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 itolbert(aocoee.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 • i RFQ#21-007 Residential C&D Franchise 5 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. 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 litigation 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 6 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 7 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). - I 41 Ip4 RFQ#21-007 Residential C&D Franchise 8 1 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 9 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: S 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 10 } 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 11 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 12 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 ;� ..:s:,.,:.r.,. Y-....., . r WSURANCE REQUfREtUIEATS 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 13 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, 1! 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. i{ (Remainder of page left blank intentionally) k • ei RFQ#21-007 Residential C&D Franchise 14 I /JCO!Q CERTIFICATE OF LIAi31LiTY INSURANG.� yRA2E. M'isio . 11 u TO CFM1FICATEt01000ED As A MATTER OF INFORMA71ON CaN1YAN0 CONFERO NO FIONTO UPONTNNc0RTTFlCATE I NOIDEATN3 CERTIFICATE UOE5 NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFOR0E0 RYTNE'Micas BELOW. MIOURE.RXAFFORDINE.COYEAAGE NNCI .WBa! .9R.A¢ 1eIR.IL •COVERAGES .. m t.rat.a.01.c.Unto 19AMNA4EeFHIri1IDi0 TNEt3OFDINRa)fE05CFatiN4 YPO1.00.afrAT01IOMTR¢FMOOA Mr razwelorrommtpaccrratorwemAalcr01.000WnNe )*iWTTOaLi ,+eo{tlmtamuawrnawmoe t Y\Y RIOAKTII.aMY1N[EAHa®nTi.artlD®N1.1.il [Me}I.RLt T0Yltitice.EALusom WO mama Wand It PC.0.1.00ao.rz UlfR9aVN1YylMw11 .17.naFd nNDa..... w"o Tmo..aw.e. rolxv.w.A Wilt '�wV=L .uo,O,o..moE .1y000,0bO j oom,u.IAY/IY 150,000 I X X awm.ouaamwuwvr. ^m`'m�®qI IaOevq.,a...a.1 .5,000 �¢A9010aC amain reado.11Aw.wAT .1,000,000 0o[,UlO11X0aarz .x,000,000 . OonAan.GM[raar/MIS MS .loam.mea Aw•.2.000,000 7 MCI lain 11 Cac aaf�Vf++W* .l,GGo,00d Fi ourMous Lunar/ wage s — Kelm NMI I X xo.onllmAmw �1„T.y i 1. i P.S aS.A01U.101n Am0ntY.lAAma•o • R 1..../ AIHAUfO .OO�M AGO 1 i .e U.rt/n eylomwADa A 1,000,000 tr ^•TE •12,000.000 I X]OCen•n�OA.IB WE •t ..� S P vm twf 1 1 'merry" I X 6$`,i::ra I'u�rnA i.a66LT4SPOSSoll o u..IO110:04l 63004000 I d I,nnpKµ1 aRh{ tL 01M.umtwtl.500,000 1 mua 1Euildaza Flak Ray i Lae 1 0o Nay 1 Oct 1,060.000 UO,.nQy O.WAOn,.IUOAT011./YOan I Pa111/.1.0133R®pC0a0R14.aY CNOR0 Tb.Somata*.videocad by this certificate absll tuna au oartificOte - j holders am an additional Augured on the O.oaral Liability i Umbrella 1 Liability. WoBkoE.• Cocay A .oaatioo, epley.r.'Liability L Oaaaral.Liability - i shall contain■Mailer of Bobroyation is favor of that cart/firsts bolder. 'the certificate bolder is added as a coo ikErerif¢afjr37rs Fisk. i OTRRFICATENW1DER OFNCfl1ATRIN OWsal anaawaarMAaalonru.m moo ucwnslusWann¢wNTdF DAYSTRo®.iir anal.a.OYBIT...... ORTO WA 10 hAnanON W...aaat0a0W*5W t Ia1QnlMmaana.MnIDI.W.OroI,a.ATr. Cityof dcue aroma=Imm•con ur.nic WPC Wei nrFwXIll.m.aaol 0a 150 11, Li/reshot.Dries .l.I�aRAn•lL € Gao:a n]1761-1xSd. _ AmNaRZIOw.ntIOATm S s CIAOOROCORPORATION 1..1 d ACORa tT 1100Va11 /! nt 4a.. T } 6 . 1 7 t i t I i I • I 1 RFQ#21-007 Residential C&D Franchise 15 I 1 E 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) See attached 15. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No.WA 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. See attached RFQ#21-007 Residential C&D Franchise 16 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 See attached similar Experience Have you any similar work in progress at this time?Yes x No Length of time in business 101 years months. Bank or other financial references: See Financial s attached (Attach additional sheets if necessary) RFQ#21-007 Residential C&D Franchise 17 RESPONDENT: Hubbard Construction Company 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: See attached list of references 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 18 RESPONDENT: Hubbard Construction Company 19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT 1. Do you have any clarifications and exceptions to the proposed Franchise Agreement? Yes X No If yes, will you enter in the Franchise Agreement if the City does not accept any of the exceptions/changes requested? Yes X No If yes, state below all clarifications and exceptions. RFQ#21-007 Residential C&D Franchise 19 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. Attached list of References 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. Attached list of equiment 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. All equipment owned 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. No 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. See attached 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. None 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. Attached page 18 references.. 8. Attach a copy of a valid business or occupational license. Attached 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. Attached Drug Free Workplace 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. Attached RFQ#21-007 Residential C&D Franchise 20 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 21 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. (Remainder of page left blank intentionally) RFQ#21-007 Residential C&D Franchise 22 ocoe.e n.orl4a 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: X 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: Hubbard Construction Company Firm Name - Signature P. Frederick O'Dea, Jr., Secretary & VP Name and Title(Print or Type) 5/10/2021 Date RFQ#21-007 Residential C&D Franchise 23 Updated 01/01/21 Hubbard Construction Company List of Public Contract Litigation(Last 5 Years) Project Year Counterparty Project Owner Project Description No. Completed 20121 2017 Florida Department Florida Dept.of SR21 (Blanding Blvd) Hubbard filed a complaint of Transportation Transportation 01/14/2019 for breach of contract 605 Suwannee Street due to significant and numerous Haydon Burns Building delays by Owner which increased Tallahassee,FL 32301 the cost of Hubbard's work. Tel 850-414-4000 Settled before trial and Hubbard Fax 850-414-4947 withdrew complaint. Mr.Alan Autry Alan.autry@dot.state.fl.us 20122 2017 Florida Department Florida Dept.of SR10(Atlantic Blvd) Hubbard filed a complaint of Transportation Transportation 01/14/2019 for breach of contract 605 Suwannee Street due to significant and numerous Haydon Burns Building delays by Owner which increased Tallahassee,FL 32301 the cost of Hubbard's work. Tel 850-414-4000 Settled before trial and Hubbard Fax 850-414-4947 withdrew complaint. Mr.Alan Autry Alan.autry@dot.state.fl.us 70039 2017 AKCA, Inc, Florida Dept.of SR-9/I-95 Express Lanes Hubbard directed its Transportation subcontractor to complete 605 Suwannee Street warranty work per the Haydon Burns Building subcontract.Subcontractor Tallahassee,FL 32301 refused.Hubbard completed the Tel 850-414-4000 work and set off the cost to Fax 850-414-4947 complete.Subcontractor sued Mr.Alan Autry Hubbard and its payment bond Alan.autry@dot.state.fl.us surety for alleged monies due.In late 2018 the court granted Hubbard's motion to dismiss and compel arbitration and stayed case vs.surety pending outcome of arbitration.Parties are in initial stages of arbitration process. Owner is not a party to the case. GDOT 2018 LBH Engineers Georgia Dept.of Northwest Corridor Hubbard was a minority JV CSSNHS. Transportation Express Lanes(GA) partner with Archer Western on 008- One Georgia Center this public highway project for the 00(256) 600 West Peachtree NW GDOT. The project is completed. Atlanta,GA 30308 LBH has sued Hubbard(along 404-631-1990 with the JV,the designer,and Steven Lively other parties)for alleged patent infringement related to the design of partially poured concrete beams. Owner is also a named defendant in the case but was dismissed on motion. 70039 2018 Central Florida Florida Dept.of _ SR-9/I-95 Express Lanes Central Florida Underground Underground Transportation ("CFU")recently filed for binding 605 Suwannee Street arbitration under the AAA for Haydon Burns Building outstanding retainage held by Tallahassee,FL 32301 Hubbard to complete the Tel 850-414-4000 subcontractor's scope of work. Fax 850-414-4947 CFU failed to pressure test jack Mr.Alan Autry and bore pits as required by DOT Updated 01/01/21 Alan.autry@dot.state.fl.us specifications and Hubbard was forced to spend exponentially more cost to test the pipes after installation. The case was settled prior to arbitration in September 2020. 70039 2016 Fidelity&Deposit Florida Dept.of SR-911-95 Express Lanes Hubbard defaulted and terminated Company of Transportation its subcontractor for signalization, Maryland 605 Suwannee Street lighting and ITS work on the Haydon Bums Building project. Subcontractor's surety, Tallahassee,FL 32301 F&D,completed the Tel 850-414-4000 subcontractor's work and a Fax 850-414-4947 dispute arose between Hubbard Mr.Alan Autry and F&D over monies allegedly Alan.autry@dot.state.fl.us owed to F&D and damages suffered by Hubbard as a result of the subcontractor's default. Discovery in progress.Owner is not a party to case. GDOT 2018 Parsons Georgia Dept.of Northwest Corridor Hubbard was,a minority JV CSSNHS- RECo Transportation Express Lanes(GA) partner with Archer Western on 008- Berkel One Georgia Center this public highway project for the 00(256) Tricore 600 West Peachtree NW GDOT. The project is completed. Atlanta,GA 30308 In September 2020,JV initiated 404-631-1990 arbitration proceedings against Steven Lively several parties associated with the construction of MSE walls and related defect repairs and delays. Owner is not a party to this case. GDOT 2018 Hubert Properties Georgia Dept.of Northwest Corridor In early 2020,Hubert Properties CSSNHS- Transportation Express Lanes(GA) sued GDOT for trespass(using 008- One Georgia Center more property than taken in 00(256) 600 West Peachtree NW government condemnation). Atlanta,GA 30308 GDOT tendered defense to the JV 404-631-1990 under indemnity obligations. Steven Lively Discovery is just beginning. E4K49 2015 Ranger Florida Dept.of 1-95 Express Lanes from Ranger was a subcontractor to 6073 Construction Transportation North of Golden Glades Hubbard that performed paving 605 Suwannee Street to South of Broward work on unit prices. Due to Haydon Burns Building Boulevard extended project durations Tallahassee,FL 32301 (caused by other issues outside Tel 850-414-4000 Hubbard's control),Ranger has Fax 850-414-4947 argued it is entitled to escalated Mr.Alan Autry unit rates. In August 2020, Alan.autry@dot.state.fi.us Ranger sued Hubbard and initial discovery has just begun. Owner is not a party to this case. No stop notices have been filed and no terminations for cause have occurred on work undertaken by Hubbard Construction Company. A few projects have recently been suspended by owners due to impacts caused by COVID-19 and Hubbard Construction Company is cooperating with Owner directives to mitigate those impacts and continue work as soon as possible. Hubbard Construction Company performs over$200,000,000 of construction each year and from time to time and in the ordinary course of its business is subject to various claims, disputes, termination, arbitrations, and other legal proceedings which are customary in the industry. This list does not include customary project-level disputes, efforts to secure payment from outstanding debtors, or other personal injury or other covered insurance claims(that are handled by the Company's general liability carrier). Page 16 Equipment Listing: 2021 Mack 64FR Roll-Off(Owned) 2021 Mack 64FR Roll-Off(Owned) 2021 Mack 64FR Grapple Truck(Owned) 2020 Kenworth T880 Roll-Off (Owned) Hubbard Construction Company Similar Experience DR Horton/Bentwood March, 2018 thru December, 2020 $92,035 Meritage/McAlister September, 2018 thru March,2021 $242,265 Pulte/Del Webb October, 2020 thru March,2021 $221,110 Page 18 Contact References Contact Information DR HORTON 10192 Dowden Rd Orlando FL 32832 Jessica Scolaro 407-856-6023 MERITAGE HOMES 5337 Millenia Lakes Blvd.Suite 235 Orlando FL 32839 Aaron Lambert 407-284-4163 PULTE HOMES 4901 Vineland Rd.Suite 500 Orlando FL 32811 Sammy Siciliano 407-661-4719 •r`C� _. Q Ron DeSantis,Governor Halsey Beshears,Secretary 4C1 . ..,. Florida t ^ r.... L ire,-, f , STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION : . ; , r. CENSING BOARD R THE GENERAL C ,; ,�q.,. , ®ter- `' t, .,,, .1,4 E T,'FED UNDER THE A 10 : 4 ®9w �.0) , 9 A A7 t,•TUTES PROVISIO. S ,�' .� u _, e • ,r w t Yu1++i , © , 3� ., ll ' ik' ®h ~Ay © 1is h _ : „if‘Tlcl!,i c, �. A• IPe, . I • p ® i ,r , i .q t +,Jr my JR LIC S, - 1 vla CC (I c `''695 1 a - ,'. EXPIRATION DATE AUGUST 31,2022 Always verify licenses online at MyFloridaLicense.com El.. ., 0 j r. Do not alter this document in any form. E3. `o � This is your license. It is unlawful for anyone other than the licensee to use this document. • I— Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida 2020 EXPIRES 9/30/2021 3100-1119265 3100 VEHICLE STORAGE $40.00 - 20 EMPLOYEES i TOTAL TAX $40.00 CAHILL ALLAN REGULATED WASTE $50,00 PREVIOUSLY PAID $90.00 TOTAL DUE $0.00 HUBBARD CONTRUCTION COMPANY CAHILL ALLAN 1936 LEE ROAD WINTER PARK FL 32789 303 W LANDSTREET RD U-ORLANDO,32824 PAID: $90.00 0099-00970292 9/21/2020 Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida This local Business Tax Receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and other lawful authorities.This receipt Is valid from October 1 through September 30 of receipt year.Delinquent penalty is added October 1. 2020 EXPIRES 9/30/2021 3100-1119265 3100 VEHICLE STORAGE $40.00 20 EMPLOYEES TOTAL TAX $40.00 i ;;C) REGULATED WASTE $50.00 � CAHILL ALLAN PREVIOUSLY PAID $90.00 TOTAL DUE $0.00 ` -' HUBBARD CONTRUCTION COMPANY �f, t�ti�. CAHILL ALLAN 303 W LANDSTREET RD rtZ 'CO)V 1936 LEE ROAD U-ORLANDO,32824 CQ t,`�1‘ WINTER PARK FL 32789 PAID: $90.00 0099-00970292 9/21/2020 ' r ,, i This receipt is official when validated by the Tax Collector, n i- k i H V aC J 0 6'f '+; ¢ per# $!" .?'e 3FS p tti+� p • 1 fit r4 ?"x 3 y am. : r a'tW+ 1 Orange County Code requires this local Business Tax Receipt to be displayed conspicuously at the place of � N•i business In public view.It is subject to Inspection by all duly authorized officers of the County. G r N ' i .,' syt f±��9�� , f d.4` "44 t f Y }zq'�, Y"-`L ��''£ octaxcol.com 1 fmt. octaxcol tl, j , T -I Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida 2020 EXPIRES 9/30/2021 5000-1063956 5000 BUSINESS OFFICE $50.00 1000 EMPLOYEES j 1801 CERTIFIED GENERAL C $30.00 1 EMPLOYEE TOTAL TAX $80.00 CAHILL ALAN M-PRESIDENT PREVIOUSLY PAID $80.00 KANADAY JOSEPH MICHAEL-QUALIFIER TOTAL DUE $0.00 HUBBARD CONSTRUCTION COMPANY 1936 LEE RD WINTER PARK FL 32789-7229 1936 LEE RD B-WINTER PARK,32789 PAID: $80.00 0099-00970293 9/21/2020 Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida This local Business Tax Receipt Is in addition to and not in lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and other lawful authorities.This receipt is valid from October 1 through September 30 of receipt year,Delinquent penalty Is added October 1. 2020 EXPIRES 9/30/2021 5000-1063956 a5 5000 BUSINESS OFFICE $50.00 1000 EMPLOYEES ; 1801 CERTIFIED GENERAL C $30,00 1 EMPLOYEE ant TA ,,,-` --i -,:g_,,, .. , ..„.',..-,x,I, .,, TOTAL TAX $80.00 v � � PREVIOUSLY PAID $80.00 '�1 CAHILLALAN M-PRESIDENT "' ': TOTAL DUE $0.00 O� KANADAY JOSEPH MICHAEL-QUALIFIER 1 �'i g- HUBBARD CONSTRUCTION COMPANY '; Q 1936 LEE RD 1936 LEE RD Gf COL, TSA. WINTER PARK FL 32789.7229 B-WINTER PARK,32789 �.. t PAID: $80.00 0099-00970293 9/21/2020 j-` This receipt Is official when validated by the Tax Collector. g'v=7p � Orange County Code requires this local Business Tax Receipt to be displayed conspicuously at the place of business in public view.It is subject to inspection by all duly authorized officers of the County. a.a ,,-,I ' i , t "; 7t' tottA,11 �xA:.,, s-- "' +%lifts r,,, R=r'"' .�aF':,"S.:?.s5.IOM:x,Akr e c. ',.4 �: -`, .. t ..; octaxcol.com I n octaxcol i PROCESS: PROCESS OWNER: USA Drug-Free Workplace Policy HR Department EUROVIA vINoi rr Issue: Original Date: September 2020 Page 1 of 4 Drug-Free Workplace Policy Eurovia USA is committed to providing a safe,healthy,and productive work environment. Consistent with this commitment, it is Eurovia USA's intent to maintain a drug and alcohol-free workplace. Being under the influence of alcohol or illegal drugs (as classified under federal, state; or local laws), including marijuana,while on the job poses serious health and safety risks to employees,members of the public,and others,which is not tolerated. Eurovia USA expressly prohibits the following activities at any time the employees are either(1)on duty or conducting Eurovia USA business(either on or away from Eurovia USA's premises),or(2)on Eurovia USA's premises or jobsite owned by others(whether or not the employee is working): • The use, abuse, or being under the influence or impairment or alcohol, illegal drugs, or other impairing substances, • The possession, sale, purchase, transfer, or transit of any illegal or unauthorized drug, including prescription medication that is not prescribed to the employee, or drug-related paraphernalia,or • The illegal use,abuse,or being under the influence or impairment of prescription drugs. "Under the influence or impairment"means: • Having a blood alcohol level of.02 or higher, • Having a positive drug test result (based on testing procedures followed by Eurovia USA or any other enforcement or regulatory body),or • Having visible or audible physical impairment as judged by a reasonable bystander based on objective factors such as appearance,speech,behavior,movement, smell, etc. While the use of marijuana has been legalized under some state laws for medicinal and/or recreational uses, it remains an illegal drug under federal law and its use as it impacts the workplace is prohibited by Eurovia USA's policy. Eurovia USA does not discriminate against employees solely on the basis of their off-duty use of medical marijuana in compliance with applicable state marijuana laws. However, employees may not consume or be under the influence of marijuana while on duty or at work, even if the employee has a valid prescription for the use of marijuana. If an employee believes a reasonable accommodation should be made to allow medical use of marijuana to treat a diagnosed medical condition, they must follow the same process for requesting accommodation through the ADA Policy, and that request will be considered along with the relevant facts of the employee's job duties consistently with that policy. Nothing in this policy is meant to prohibit the appropriate use of over-the-counter medication or other medication that can legally be prescribed under both federal and state law,to the extent they do not impair an employee's job performance or safety or the safety of others. Employees who take such substances to treat a disability should inform their supervisor and Human Resources if the medication or substance may impact or impair their job performance, safety, or the safety of others, or if they believe they need a reasonable accommodation before reporting to work while under the influence of that medication. For more information about requesting a reasonable accommodation,refer to Eurovia USA's ADA Policy. Any employee who violates any portion of this policy is subject to immediate disciplinary action,up to and including termination. Other disciplinary actions may include the suspension of driving privileges of company vehicles, loss of supervisory position, reassignment of duties,wage/salary adjustments based on PROCESS: PROCESS OWNER: USA Drug-Free Workplace Policy HR Department EUROVIA VINCI 1f Issue: Original Date: September 2020 Page 2 of 4 any reassignment, suspension, required counseling, or other disciplinary actions deemed appropriate by senior management and Human Resources. However,nothing herein or in any other policy is intended to create disciplinary steps or prerequisites. Employer-Sponsored or Business Events From time to time,Eurovia USA may sponsor social or business-related events at which alcohol is served. Service of alcohol on Eurovia USA property must be approved in advance by the CEO. Alcohol use or service is prohibited at any active jobsite or plant. This policy does not prohibit the use or consumption of alcohol at approved events. This policy also does not prohibit the responsible consumption of alcohol at professional industry events or meetings. Responsible consumption of alcohol is also permitted while conducting approved business- related entertainment or while traveling on business. However, as always, it is the employees' individual choice whether to consume alcohol. If employees choose to consume alcohol at such events, they must do so responsibly and maintain their obligation to conduct themselves properly,professionally, safely,and consistently with all company codes and policies. Employees are responsible for ensuring they do not operate any vehicle under the influence of alcohol. Workplace Searches and Inspections In order to achieve the goals of this policy,and maintain a safe,healthy,and productive work environment, Eurovia USA reserves the right at all times based on a reasonable suspicion to inspect employees,as well as their surroundings and possessions, for substances or materials in violation of this policy. This right extends to the search or inspection of clothing, desks, bags, containers, packages, boxes, tools and toolboxes, lunch boxes, and employer-owned or leased vehicles and any vehicles on company property where prohibited items may be concealed. Employees should have no expectation of privacy while on Eurovia USA premises,except in restrooms or other locations with a legitimate expectation of privacy. Employee Recovery Eurovia USA encourages employees who struggle with substance abuse in any form to voluntarily seek help or counseling. Employees who undergo voluntary counseling or treatment remain subject to the same job performance and behavior standards,codes,and policies as other employees. Assistance may be available for those needing treatment based on the terms of the applicable medical benefits plan. Employees are solely responsible for all costs of treatment not covered by their applicable medical benefits plan. Contact Human Resources for questions related to your plan and potential coverage. Employees who voluntarily disclose their abuse of drugs or alcohol, prior to being notified of a required test, may be directed by Eurovia USA to participate in the Employee Assistance Program ("EAP"). In addition,following a disclosure,the employee may be required to take a Fit for Duty test prior to returning to work. If an employee decides not to consult with the EAP counselor, or if after consultation,elects not to seek prescribed or recommended treatment,and a Fit for Duty test returns positive results,the employee will be subject to discipline up to and including immediate termination. If the employee agrees to work with an EAP counselor upon recommendation by Eurovia USA, the employee will be required to sign a rehabilitation agreement setting forth required conditions for returning to work. During this time, the employee may be placed on administrative leave with or without pay or reassigned to a different position. PROCESS: PROCESS OWNER: USA { Drug-Free Workplace Policy HR Department E.UROVIA ' vin�ci.�f Issue: Original Date:September 2020 Page 3 of 4 Coverage of Policy This policy applies to all Eurovia USA employees,regardless of whether they work in a"safety sensitive" position or not. To the extent other additional or more stringent standards apply to a particular employee because of a commercial license or membership in a particular organization (e.g., DOT drivers with commercial licenses,etc.),Eurovia USA's policies are the minimum standard and employees may also be held to any higher or more stringent standard imposed by other organizations or the law. As with all other policies,to the extent an employee is a member of a union with whom Eurovia USA has an active collective bargaining agreement,this policy is intended to work in conjunction with,and does not replace,amend,or supplement any terms or conditions stated in any collective bargaining agreement. This policy does not apply to employees in Maine(Maine employees are provided,and are governed by,a separate Substance Abuse and Testing Policy approved by the state of Maine). Other Prohibited Conduct Without detracting from the general requirements stated above,the following non-exhaustive list includes other specific examples of prohibited conduct: • Refusing to sign the Drug-Free Workplace Policy Acknowledgement Form,the Drug and Alcohol Testing Consent Form,or the Rehabilitation Agreement when required, • Being convicted of any drug or alcohol related crime and failure to promptly report it to Human Resources,or • Refusing to submit to testing in accordance with Eurovia USA policies. Testing Eurovia USA may test for drugs and/or alcohol in the following circumstances: in connection with a conditional offer of employment, when there is a reasonable suspicion, after an accident or other safety incident,following treatment,upon return from a layoff or seasonal shutdown,when required by a client or government authority,or at random. • Conditional Offer of Employment o Eurovia USA does not conduct pre-employment drug testing in connection with applications or interviews. However, after a conditional offer of employment is made, all Eurovia USA employees are required to complete and pass a drug and alcohol test prior to starting work. • Reasonable Suspicion Testing o Eurovia USA employees may be asked to submit to a drug and alcohol test if an employee's supervisor or other person in authority has a reasonable suspicion,based on objective factors such as appearance, speech,behavior, movement, smell, or other conduct and facts,that the employee possesses or is under the influence of drugs or alcohol. o Prior to requesting a reasonable suspicion test, a supervisor must (1) document the specific behavior or observations that lead to the reasonable suspicion, (2)confer with his/her Project Manager(or department head for office employees)and the Director of Human Resources to discuss the situation,and(3)receive authorization for a referral. PROCESS: PROCESS OWNER: USA Drug-Free Workplace Policy HR Department EUROVIA ''INdi Issue: Original Date: September 2020 Page 4 of 4 • Post-Incident Testing o Eurovia USA employees involved in any work-related accident or incident involving the violation of any safety policy or procedure may be required to submit to drug and alcohol testing(even if there is no injury or damage to any person or property). • Follow-up Testing o Any employee who has been determined by Eurovia USA to have abused drugs or alcohol (through a positive test, self-identification, or otherwise) and who has accepted the opportunity to enter a counseling or rehabilitation program will be subject to periodic, unannounced follow-up testing for at least a one-year period after returning to work or completion of the rehabilitation program(whichever is later). • Random Testing o Eurovia USA employees are subject to drug and alcohol testing on a random basis. Refusing to consent to or submit to a drug or alcohol test when required is considered a violation of policy, and may result in disciplinary action, up to and including immediate termination. Applicants with conditional offers of employment who refuse to submit to a drug or alcohol test will not be considered further for employment and the offer will be withdrawn. Any submission of a sample that has been altered, tampered with,substituted,diluted,or is out of acceptable temperature range(as determined by the testing agency)is also a violation of this policy. • Testing Procedure All drug and alcohol testing under this policy will be conducted by an independent testing facility which will obtain the individual's written consent prior to testing(collection of samples may be done by properly trained employees). All tests will be based on urine samples in accordance with protocols,procedures,and criteria determined by the testing agency in conjunction with Human Resources. Eurovia USA will pay for the costs of the test. Employees will be compensated at their regular rate of pay for time spent submitting to a drug or alcohol test required by Eurovia USA. Employees suspected of working while under the influence of drugs or alcohol may be sent home or suspended until Eurovia USA receives the results of the test and is able to make appropriate decisions on next steps. If the testing sample is considered"diluted"or is otherwise unacceptable for testing,the employee will be required to submit a second sample immediately upon request. Any employee unable to complete follow- up testing within one hour of the request must notify Human Resources. Follow-up actions will be determined by Human Resources based on the circumstances. If the secondary collection again results in diluted or otherwise unacceptable sample, it may be deemed as a refusal to complete required testing. Before a determination is reported to Eurovia USA, an outside Medical Review Officer("MRO"),who is licensed to administer and evaluate tests,will review the test result. If the test is not clearly negative,the MRO will first contact the employee for further information. If the employee has a legitimate medical explanation for the positive test,as determined by the MRO,the test will be reported as negative to Eurovia USA. Eurovia USA will use its best efforts to ensure that all information related to drug or alcohol testing, referrals,results,treatment,and/or rehabilitation of an employee is kept confidential. Page 1 of 2 1 ® DATE(MMIDDIYYYY) ;acoRa. CERTIFICATE OF LIABILITY INSURANCE 05,1U,2D21 THIS TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center Willis Towers Watson Midwest, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd (ACA Lo.Bath (A/C,No: P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED INSURERB: XL Specialty Insurance Company 37885 Hubbard Construction Company American Zurich Insurance Company 40142 1936 Lee Road INSURER C: A p y Winter Park, FL 32789 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W20905352 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLR TYPEADDL SUBR POLICY EFF POLICY EXP LIMITS OF INSURANCE INSD Wy0 POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYYt X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ A - MED EXP(Any one person) $ 15,000 Y Y GL00184998-05 10/01/2020 10/01/2021 PERSONAL&ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY X JEC: LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: AUTOMOBILE LIABILITY $ (Ea acccl dent]SINGLE LIMIT $ 3,000,000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y BAP0184997-05 10/01/2020 10/01/2021 BODILY INJURY(Pereccident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED (Per accident) $ _AUTOS ONLY AUTOS ONLY X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAR CLAIMS-MADE Y Y US00064220LI20A 10/01/2020 10/01/2021 AGGREGATE $ 10,000,000 X DED RETENTION$10,000 $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY 1,000,000 C ANYPROPRIETOR/PARTNER/EXECUTIVE Nlo NIA Y WC0184999-05 10/01/2020 10/01/2021 E.L.EACH ACCIDENT $ (MandatoryIn EREXCLUDED7E.L.DISEASE-EA EMPLOYEE $ 1,000,000 In NH) If yes,describe under EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.. A Builders Risk MBR7916193-00 10/01/2020 10/01/2021 Special form incl $15,000,000 Transit theft $5,000,000 Temporary Location $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Umbrella Extends over the General Liability, Auto Liability and Workers' Compensation Employers' Liability. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Ocoee � 150 N. Lakeshore Drive �,04'IAr-I:[/r v ' Ocoee, FL 34761-2258 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD sR iD: 21079908 BATCH: 2088127 AGENCY CUSTOMER ID: LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. Hubbard Construction Company 1936 Lee Road POLICY NUMBER Winter Park, FL 32789 See Page 1 CARRIER NAIC CODE See Page.1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Builders Risk Deductible: Deductible: $25,000 Earthquake:Zone 1 $10,000,000-$250,000 Ded Zone 2 $25,000,000-$100,000 Ded Zone 364: $100,000,000 Flood -Flood Level 1 $10,000,000-$250,000 Ded; Flood Level 2 $25,000,000 - $100,000 Bed Flood Level 3 $100,000,000 Named Storms: Wind Zone 1 $25,000,000 ($250,000 Bed up to $5M; REFER over)Wind Zone 2 $50,000,000/$100,000 Ded; Wind Zone 3 & 4 $100,000,00 Deductibles Eurovia $25,000; Freyssinet $100,000; City of Ocoee is included as an Additional Insured as respects to General Liability where required by contract and Auto Liability Where required by contract Waiver of Subrogation applies in favor of City of Ocoee with respects to General Liability where required by contract, Auto Liability Where required by contract and Workers Compensation as permitted by law. Umbrella is follow-form Primary policies, including Waiver of. Subrogation, Additional Insured • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 21079908 BATCH: 2088127 CERT: W20905352 v Additional Insured — Owners, Lessees Or Contractors — ZURICH Scheduled Person Or Organization THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO0184998-05 Effective Date: 10/01/2020 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): Any person or organization,other than an architect, Any Location or project, other than a wrap-up or other consolidated engineer or surveyor,whom you are required to add insurance program location or project for which insurance is otherwise as an addition-athtsured under this policy under a separately provioea to you written contract or written agreement executed prior to loss,except where such requirement is prohibited by law. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW(02/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Elf. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer Add'1.Prem Return Prem. GL00184998-05 10/01/2020 10/01/2021 74044-000 $Included $N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss, to waive your rights of recovery from others,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12/01) Page 1 of 1 0 Coverage Extension Endorsement ZUR,ICH. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. BAP0184997-05 10/01/2020 10/01/2021 74044-000 Included N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a.and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total"loss"to a covered "auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form;and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However,the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04/14) Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto" (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However,the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an"insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above,the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for"loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio,visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III— Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio,visual or data electronic devices: (a) Are the property of an'Insured"; and • (b) Are in a covered"auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such"loss". U-CA-424-F CW(04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered"auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived;or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M.' Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos"damaged or stolen,the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered"autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss";or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the "loss"results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04/14) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. agent, servant or employee of the "insured"to notify us of any"accident", claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to,the date and details of such claim or"suit"; (2) The"insured's" name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:This Condition does not apply to the extent required of you by a written contract, executed prior to any"accident" or "loss", provided that the "accident"or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow;and (2) Any covered"auto"hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However,any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a.of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A.Coverage of the Physical Damage Coverage Section: In the event of a total "loss"to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto"powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto"to you. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW(04/14) r, Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/20 Policy No. WC0184999-05 Endorsement No. Insured : Eurovia USA, Inc. Premium$ Insurance Company:American Zurich Insurance Co. Countersigned by WC124(4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance,Inc. Uniform Formsmi Ir MID FLORIDA MATERIALS Recycle&Disposal Facility STATEMENT OF EXPERIENCE Hubbard Construction Company DBA Mid Florida Materials is currently providing roll off dumpster services and grapple service to the following counties: Orange, Seminole, Lake, Marion, Osceola, Polk and Volusia. Mid Florida Materials ensures complete protection of the environment while providing expert service. Mid Florida Materials takes title to waste as soon as we pick it up thus. reducing your liability. We are fully licensed and insured and all waste is disposed of at properly licensed disposal sites. Mid Florida Materials has a Class III /C&D recycle and disposal facility, transfer stations, a MRF and a NOCIA Borrow Pit. Mid Florida sells and delivers fill dirt, clay, topsoil & aggregates (#57 stone, road base & concrete fines) and we also offer grading services. CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL ocoee florida TABLE OF CONTENTS RFQ#21-007 EXCLUSIVE FRANCHISE FOR RESIDENTIAL - CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL 1 . 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 2 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 3 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.orq/323/Purchasinq 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 4 accepted. There is no charqe 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.orq/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(a ocoee.orq. 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 5 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. 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 litigation 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 ■$1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Franchisee upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured Franchisee, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. (Remainder of page left blank intentionally) RFQ#21-007 Residential C&D Franchise 14 I{ OR_D_AC CERTIFICATE OF LIABILITY INSURANCE p DP$i D ampoDa o FMe1XA THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. 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Mx xCU.0EMa 51,000.000 X Ixam ptA� AGG.E5.LTE .2,000.000 s IS5TEH110... . •A I Ian EtotonRrLULnTn EAwAUoocs I500,000 E1 swots,A059O 0 S Soo,000 NTaSmb .... EL SEWS-r1m•EI.R 5500.000 mute Builders Risk Any 1 Lot 10D,0� Builder. Any 1 Occ 1,000,000 The CIOr000 e81......S.E saieininert&fi0 00uss shall /11,..a the The insurance evidenced by thi•certificate shall name the certificate holders as an additional insured on the General Liability N Umbrella Liability. Workers• Compensation, Employers' Liability I.General Liability shall contain•Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added ne n TffiTd imam!fir Pnld2m Risk. CERTIFICATE HOLDER CANCELLATION OCOHH01 ocuLomeornaAeweatamesto pm.Be GMCn,.n amnia COMM. OATETNAfW.TM MU.0 0..0RER.10.amAv01L TO UR1.10 WSW ITS. MOIrC InPse CELTIMATS 141➢.....m ToTIM sm.BUT FWWe TOM 50 S.U City of Ocoee mC.e MO C2115.MORLeaDTYOrAMRTO UPON TM!BOWER.a9 MOM 011 150 N. Lakeshore Drive esETayy TAmcL Ocoee FL 61-2 2 4 8 MT..Ea.n.550.T.I. _ O ACORD CORPORATION TUBE ACORD vf200U0ej S pt RFQ#21-007 Residential C&D Franchise 15 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 16 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 17 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 18 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 19 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 20 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 21 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. (Remainder of page left blank intentionally) RFQ#21-007 Residential C&D Franchise 22 474 ocoee florida 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 23 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 24 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 set 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 25 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 extend 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) months 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 26 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 occur 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 27 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 28 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 sixty (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 franchisee 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 accepts 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 respect 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 29 City and the City shall have and maintain at all times and for all purposes 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 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 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 30 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 this 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 31 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 terms 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 entitled 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 32 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 contemplated 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 33 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 for 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 between the provisions of this Agreement and the terms of the RFQ, the provisions of this Agreement shall apply. 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 constitute 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 34 provision or application. In the event any part, subsection or other portion of Section 12 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 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. [Signature pages to follow] RFQ#21-007 Residential C&D Franchise 35 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, attested 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 CITY OF OCOEE: in the presence of: By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk (SEAL) Signed, sealed and delivered FRANCHISEE: in the presence of: By: , President Attest: , Secretary (SEAL) For use and reliance only by the City of Ocoee, Florida. Approved as to form and legality APPROVED BY THE OCOEE CITY This day of , 2021. COMMISSION AT A MEETING HELD ON , 2021 UNDER Shuffield, Lowman &Wilson, P.A. AGENDA ITEM NO. City Attorney RFQ#21-007 Residential C&D Franchise 36 COPY OF ADVERTISEMENT Date Published and Media Name 2B The West Orange Times Thursday.June 17. 2021 Advertisement or Article FIRST INSERTION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO AWARD EXCLUSIVE FRANCHISE BY THE OCOEE CITY COMMISSION NOTICE IS HEREBY GIVEN,pursuant to Section C-8.H.of Article II of the Char- ter of the City of Ocoee,that the Ocoee City Commission will hold a PUBLIC HEAR- ING on llbesday,July 20,2021,at 6:15 p.m.,or as soon thereafter as practical,at the City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida to consider awarding an Exclusive Franchise for Residential Construction and Demolition De- bris Removal within the corporate limits of the City of Ocoee,Florida for an initial period of five(5)years with an option to extend far an additional two(2)years. The City Commission may continue the public hearing to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times,and places of any continuation of these or continued public hear- ings shall be announced during the hearing and that no further notices regard- ing these matters will be published. and related documents may A copy of the proposed Franchise Agreement be inspected by the public at the City Clerk Department,150 North Lakeshore Drive,Ocoee,Florida,between the hours of 7:30 a.m.and 5:90 p.m.,Monday through Thursday,and between the hours of 8:00 a.m.and 5:00 p.m.on Friday, except legal holidays.Interested parties may appear at the public hearing and be heard with respect to the proposed franchise award.Any person wishing to appeal any decision made with respect to any matter considered at the public hearing may need a record of the proceedings,and for this purpose win need to ensure that averbatim record of the proceedings is made which include'the tes- timony and evidence upon which the appeal is based.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office 48 hours in advance of the meeting at(407)905-9105. 1-01765W June 17,24;July 1,8,2021 Ir COPY OF ADVERTISEMENT Date Published and Media Name Thursday.June 24.2021 The West Orange Times 7B Advertisement or Article SECOND INSERTION NOTICE OF PUBLIC WARM AND NOTICE OF INTENT TO AWARD EXCLUSIVE FRANCHISE BY THE OCOEE CITY COMMISSION 'NOTICE IS HEREBY GIVEN,pursuant to Section C-8.H.of Article II of the Char- ter of the City of Ocoee,that the Ocoee City Commission will hold a PUBLIC HEAR- ING on 7hesday,July 20,2021,at 6:15 p.m.,or as soon thereafter as practical,at the City Commission Chambers,150 North Iilceahore Drive,Ocoee,Florida to consider awarding an Exclusive Franchise for Residential Construction and Demolition De- bris Removal within the corporate limits of the City of Ocoee,Florida for an initial period of five(5)years with an option to extend for an additional two(2)years. The City Commission may continue the public hearing to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times,and places of any continuation of these or continued public hear- ings shall be announced during the hearing and that no further notices regard- ing these matters will be published. A copy of the proposed Franchise Agreement and related documents may be inspected by the public at the City Clerk Department,150 North Lakeshore Drive,Ocoee,Florida,between the hours of 7:30 a.m.and 5:80 p.m.,Monday through Thursday,and between the hours of 8:00 a.m.and 5:00 p.m.on Friday, except legal holidays.Interested parties may appear at the public hearing and be heard with respect to the proposed franchise award.Any person wishing to appeal any dedrion made with respect to any matter considered at the public bearing may need a record of the proceedings,and for this purpose will need to ensure that a verbatim record ofthe proceedings is made which includes the tes- timony and evidence upon which the appeal is based.Prisons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office 48 hours in advance of the meeting at(407)905-3105. June 17,24;July 1,8,2021 21-01765W COPY OF ADVERTISEMENT Date Published and Media Name 14B TN West Orange Times Thursday.July 1. 2021 Advertisement or Article THIRD INSERTION NOTICE OF PURIIC HEARING AND NOTICE OF INTENT TO AWARD EXCLUSIVE FRANCHISE BY THE OCOEE CITY COMMISSION NOTICE IS HEREBY GIVEN,pursuant to Section C-811.of Article II of the Char- ter of the City of Ocoee,that the Ocoee City Commission will hold a PUBLIC REAR- ING on Theadsg,July 20,2021,at 6:15 p.m,or as soon thereafter as practical,at the City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida to consider awarding an Exclusive Franchise for Residential Construction and Demolition De- bris Removal within the corporate limits of the City of Ocoee,Florida for an initial period of five(5)years with an option to extend for an additional two(2)years. The City Commission may continue the public hearing to other dates and times as they deem necesaary.Any interested party shall be advised that the dates,times,and places of any continuation of these or continued public hear- ings shall be announced during the hearing and that no further notices regard- ing these matters will be published. A copy of the proposed Franchise Agreement and related documents may be inspected by the public at the City Clerk Department,150 North Lakeshore Drive,Ocoee,Florida,between the hours of 7:30 a.m.and 5:90 p.m.,Monday through Thursday,and between the hours of 8:00 a.m.and 5:00 p.m.on Friday, except legal holidays.Interested parties may appear'at the public hearing and be heard with respect to the proposed franchise award.Any person wishing to appeal any decision made with respect to any matter considered at the public hearing may'need a record of the proceedings,and for this purpose will need to ensure that a verbatim record of the proceedings is made which includes the tes- timony and evidence upon which the appeal is based.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office 48 hours in advance of the meeting at(407)905-3105. June 17,24;July 1,8,2021 21-01765W COPY OF ADVERTISEMENT MENT Date Published and Media Name 114E The West Orange Times a Thursday,July 8, 2021 Advertisement or Article FOURTH'INSERTION NOTICE OF PUBLIC HEARING AND NOTICE OF praTNT TO AWARD EXCLUSIVEFRANCHSE BY THE EE OCOER CITY COMMISSION . NOTICE IS HEREBY GIVEN,pursuant to Section C41 H of Article II of the Char ter of the City of Ocoee,that the Ocoee City Commission Will hold a PUBLIC HEAR= .ING on Tuesday,July 20,'2021,at 6:15 p.m.,or as soon thereafter as practical,at the: City Commission Chambers,150 North I UP.lore Drive,Ocoee,Florida to consider awarding an Exclusive Pranchlse for Residential Construction and Demolition De- bris Removal within the corporate limits of the City of Ocoee,Florida for an initial. period of five(5)years with an option to extend for an additional two(2)years The City Commission:may Continue the public hearing to Other:dates and times as they deem necessary.Any.interested party sh.all be advised that the dates,:times,and places of any continuation of these or continued public hear t tags shall be announced during the hearing and that no further notices regard ing these matters will be published. ' A.copy of the proposed Franchise.Agreement and related documents may.' ;be inspected by the public at the City Clerk Department,150 North Lakeshore Drive,Ocoee,Florida,between the hours of 7:30'a.m.and 5:30 p.m.;Monday through Thursday,and between the hours of 8:00 am.and 6:00 p.m.on Friday; except legal holidays.Interested parties may appear at the public hearing and be heard with respect to the proposed franchise award.Any person wishing to ' appeal_any decision made with respect to any matter considered at the public hearing may need a record of the proceedings,'and for this purpose will need to ensure that a verbatim record of the:proceedings is made which includes the tea simony and evidence upon which the:appesl isbaSed.Persons with disabilities:: needing nssistauce to participate In any of these proceedings should contact the City Cleric's oflice48 hours in advance of the meeting at(407)906-3105 Junel7,241 July 1,8,2021 • • 21-0176 ' 1