Solid_Waste_Hauling_Services_(Addendum_#3_Revision).pdf

RFQ#202526 Page 1

REQUEST FOR QUALIFICATION

FOR

SOLID WASTE HAULING SERVICES

RFQ#202526

Submittal Due Date:

Tuesday, September 16, 2025 at 2:00 pm, EST

Non-Mandatory Pre-Submittal Meeting:

Tuesday, August 5, 2025, EST

ISSUED BY:

Procurement & Contract Services Department

450 SE 6th Avenue Homestead, FL 33030

Date Issued: Friday, July 18, 2025

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofhomestead https://secure.procurenow.com/portal/%7bproject.government.code%7d

RFQ#202526 Page 2

TABLE OF CONTENTS

1. INTRODUCTION/BACKGROUND

2. SCOPE OF SERVICES

3. CONTRACT/AGREEMENT

4. INSURANCE

5. SUBMITTAL CONTENT

6. SUBMISSION OF QUALIFICATIONS

7. EVALUATION OF PROPOSALS

8. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS

9. OTHER MATTERS

10. VENDOR QUESTIONNAIRE

Attachments:

A - Attachment A-Draft of Franchise Agreement

B - RFQ 495344 Attachment B - Attestation of Qualifications

C - Attachment C-Updated COH Ordinance

D - COH Forms

RFQ#202526 Page 3

1. INTRODUCTION/BACKGROUND

1.1. Summary

The purpose of this Solicitation is to establish Franchise Agreements for New Residential

Developments and New Commercial Solid Waste Hauling Services, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation.

1.2. Background

In accordance with Chapter 23.5 of the City of Homestead Code of Ordinances, the City of

Homestead currently manages the collection, removal, and disposal of garbage, trash, bulky and yard and garden waste through its Solid Waste Department. However, pursuant to recent amendments adopted by the City Council, the City now seeks to establish franchise agreements with qualified private residential and commercial solid waste firms. These agreements will authorize the collection, removal, and disposal of solid waste from new commercial establishments and New Residential Developments, as defined in Section 23.5-1 of the City

Code. This RFQ outlines the process for application and the qualifications and regulations governing the granting of such franchises.

1.3. Contact Information

Xintia Rubio-Rojas, CPPB

Senior Buyer

100 Civic Court

Homestead, FL 33030

Email: xrubio@cityofhomestead.com

Phone: (305) 224-4626

Department:

HPS Sanitation | Solid Waste

Department Head:

Crystal Ollivierre

Assistant City Manager

1.4. Timeline

Publication SD Newsleader & South Florida Business

Journal

Release Project Date July 18, 2025 mailto:xrubio@cityofhomestead.com tel:(305)224-4626

RFQ#202526 Page 4

Pre-Proposal Meeting (Non-

Mandatory)

August 5, 2025, 10:00am

Agenda

A MANDATORY pre-submittal meeting will be held on the date and time listed above in the

Procurement & Contract Services Department conference room located at 450 SE 6th Avenue, Homestead, Florida 33030. At that conference all work will be discussed and all questions answered. No questions will be answered verbally except at the pre-proposal conference.

You may submit questions via the Questions &

Answer tab.

Virtual Option:

Virtual MANDATORY Pre-Submittal

Meeting: RFQ#202526 Solid Waste Hauling

Services

Hosted by Procurement Homestead https://cityofhomestead.webex.com/cityofhome stead/j.php?MTID=m44efb9909654defb2e91d9 a4abe248a9

Tuesday, August 5, 2025 10:00 AM

Meeting number: 2345 019 3577

Password: dtRxjj4y6T8

Join by video system

Dial

23450193577@cityofhomestead.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Join by phone

+1-408-418-9388 United States Toll

Access code: 234 501 93577

Question Submission Deadline August 13, 2025, 5:00pm https://government-project.s3.amazonaws.com/168152/ca468f97-cade-4014-8697-09ed9441034e_202526-RFQ_Meeting_Agenda.pdf https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=m44efb9909654defb2e91d9a4abe248a9 https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=m44efb9909654defb2e91d9a4abe248a9 https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=m44efb9909654defb2e91d9a4abe248a9 mailto:23450193577@cityofhomestead.webex.com http://173.243.2.68/

RFQ#202526 Page 5

Proposal Submission Deadline September 16, 2025, 2:00pm

JOIN THE VIRTUAL RFQ OPENING:

RFQ#202526 Solid Waste Hauling Services

Virtual RFQ Opening updated meeting link:

Join the meeting now:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3

NC00MWE1LWIyNmYtNmNjYWNkMjlkOT

Uw%40thread.v2/0?context=%7b%22Tid%22

%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229a ee3291-0a88-4ccf-a537-b03fea330ff9%22%7d

Meeting ID: 270 535 457 311 4

Passcode: Zj9W9va6

Dial in by phone

+1 929-346-7292,,590104663# United States, New York City

Find a local number

Phone conference ID: 590 104 663#

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

Tentative Evaluation Committe

Meeting

October 7, 2025

Committee of the Whole Tentative: November 11, 2025

Council Meeting Tentative: November 19, 2025

2. SCOPE OF SERVICES

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTFkMDBmYmYtMjA3NC00MWE1LWIyNmYtNmNjYWNkMjlkOTUw%40thread.v2/0?context=%7b%22Tid%22%3a%22f29f557f-4149-4820-acea-b45cb0782fca%22%2c%22Oid%22%3a%229aee3291-0a88-4ccf-a537-b03fea330ff9%22%7d

RFQ#202526 Page 6

2.1. Scope of Work/Specifications

The purpose of this Solicitation is to solicit Proposals from qualified and experienced firms to enter into a Franchise Agreement between the City of Homestead (hereinafter “City”) and the selected Proposers to provide Residential Solid Waste, Recycling and Bulky Waste and Yard

Waste Collection and Commercial Solid Waste Collection (hereinafter “Sanitation Services”) for

NEW residential and NEW commercial properties within City boundaries. The City’s intent and the requirements of the RFQ are to provide its citizens and commercial businesses with the appropriate level of service, at the best price and with the highest quality.

The Scope of Services contained within this RFQ document are designed to establish Sanitation

Services that provide for the following intended purposes:

1. Establish and maintain a continuous and uniform level of collection services in order to assure protection of the health, safety and welfare of the community.

2. Provide Collection services in a coordinated manner, through a detailed routing system that will maintain or improve current Residential and Commercial Collection services, while minimizing impact to service rates. The successful Proposers (hereinafter “Contractor” or

“Private Waste Collector”) shall take such steps necessary to have available suitable means, labor and equipment necessary to collect and to dispose of Residential Solid Waste, Recyclables and Bulky and Yard Waste and Commercial Solid Waste and Recyclables and any other substance and material removed from the City pursuant to the Franchise Agreement and in conformance with all applicable City Ordinances, Federal and State of Florida statutes and State of Florida Department Rules and Regulations.

2.2. Term of Franchise Agreement

The Proposer(s) qualified and selected to provide the service(s) requested herein (the “Qualified

Proposer(s)”) shall be required to execute a Franchise Agreement (“Agreement”) with the City, which shall include, but not be limited to, the following terms:

A. The initial term of the Agreement shall be for five (5) years.

B. The City shall have the option to renew the Agreement for up to three (3) additional one (1) year periods, at its sole discretion.

C. Extension of the term of the Agreement beyond the initial period is an option of the City to be exercised in its sole discretion and does not confer any rights upon the Qualified Proposer(s).

It should be noted that any Qualified Proposer(s) that is not renewed for any of the option periods, will not be allowed to operate within the City limits.

2.3. Franchise Agreement

Although the purpose of this RFQ is to secure a Franchise Agreement that can satisfy the total needs of the City, it is hereby agreed and understood that this solicitation does not constitute the exclusive rights of Qualified Proposer(s) to perform all the services that may be generated by the

City in conjunction with this Solicitation, when deemed to be in the City’s best interests to establish a separate contract to provide said services.

RFQ#202526 Page 7

Once a Franchise Agreement has been signed the Qualified Proposer will be referred to as a

Franchisee.

2.4. Minimum Qualification Requirements

In order to qualify, Proposer shall agree to adhere to all requirements as set forth in the Non-

Exclusive Commercial Solid Waste Franchise Agreement, (See file titled – “Attachment A

Draft Franchise Agreement”) in the Attachment section of RFQ, as it may exist, as specified in the attached Draft form, and in its final form. Additionally, Proposers shall meet all of the following minimum qualification requirements and provide any and all required documentation pursuant to the same.

The following requirements shall be met by a Proposer in order to be deemed “qualified” to provide said services. Each prospective Proposer shall:

a) Agree to all terms, conditions, and provisions of the final Franchise Agreement, and agree to execute the same upon being deemed qualified. (See file titled – “Attachment A Draft

Franchise Agreement”).

b) Agree to adhere, at the time of application and at all times during the period covered by the

Franchise Agreement, to all applicable Codes and Ordinances of the City, statutes of the State and Federal regulations.

c) Not owe, or be in arrears for any sum to the City and/or under any prior/existing Agreement, unless expressly approved by the City prior to the submission due date.

d) Possess equipment capable of providing safe and efficient service, and have sufficient personnel to perform the same.

e) Be of good moral character. This applies if the prospective Proposer is an individual, or a firm, corporation, partnership, association or organization, any person(s) having any financial, controlling, or managing interest therein, in the Proposer.

f) Maintain proper insurance coverage as defined in accordance with Section 4, Insurance

Requirements, of the RFQ. The City shall be listed as an Additional Insured for liability and all insurances must be approved by the City’s Risk Management Department prior to execution of the Agreement.

g) Complete in full and return, along with the RFQ response, (See file titled – “Attachment C

Attestation of Qualifications”) and provide all its required information and documentation, which shall, in part, be utilized by the City to determine qualifications.

h) Agree to furnish a performance bond, in the amount equal to Twenty Five Thousand

Dollars($25,000) executed by a surety company duly authorized to do business in the State of

Florida, which shall be counter-signed by an agent for the company, resident in the State of

Florida, to the Procurement Department within ten (10) business days after receipt of the Notice of Award and prior to final execution of the Agreement by the City.

Note: All required licensing certifications must be in place prior to Proposal due date. The required licensing certifications are a continuing obligation of Qualified Proposer(s) throughout the duration of any Agreement issued as a result of this Solicitation.

RFQ#202526 Page 8

2.5. Performance Bond Requirements

The Qualified Proposer(s) agrees to maintain, for the term of the Agreement, a Performance

Bond, executed by a surety company duly authorized to do business in the State of Florida, which shall be counter-signed by an agent for the company, resident in the State of Florida. The amount of the bond for the first year of the contract shall be no less that $25,000.00, as security for the faithful performance of the franchise Agreement. The amount of the bond for the second year and throughout the remaining term of the Agreement, including renewals and extensions thereof, shall be equal to the Qualified Proposer’s previous 12 month franchise fees paid to the

City (including the annual franchise fee, monthly 24% franchise fee, annual per account fee, and any other franchise fees paid to the City) or a minimum of $25,000, whichever is greater.

The surety shall have a rating classification of “A-” and a financial category of Class V as evaluated in the current Best’s Key Rating Guide, Property Liability. City of Homestead shall appear listed as obligee. In lieu of a Performance Bond, the Qualified Proposer may submit an

Irrevocable Letter of Credit, cash, certified check, treasurer’s or cashier’s check issued by a responsible bank or trust company payable to the City of Homestead.

The Performance Bond, in a form acceptable to the City, shall be submitted together with one (1) original signed copy of the Franchise Agreement and an approved insurance certificate(s), listing the City as Additional Insured, to the Procurement & Contract Services Department within ten

(10) business days after receipt of Notice of Award, and prior to final execution of the

Agreement by the City. During the term of the Agreement, including renewal and extension periods, the Performance Bond shall be submitted annually, prior to the anniversary date of the

Agreement.

2.6. Permits and Licenses

Qualified Proposer(s) shall obtain and pay for all licenses, permits, inspection fees or any other costs that may be required to perform these services.

Any Proposer who submits a Proposal under this RFQ and selected by the City is deemed qualified to provide Commercial Waste Hauling Services within the City of Homestead jurisdictional limits, shall meet the City’s Business Tax Receipt requirements in accordance with

Chapter 31, Article II of the City of Homestead Charter. Qualified Proposer(s) shall provide a copy of the City of Homestead's Business Tax Receipt to the Procurement Department within ten

(10) business days after receipt of Notice of Award.

2.7. Assignment

The performance of the Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Qualified Proposer without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Qualified

Proposer, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval.

Any transfer or assignment without City approval shall be cause for the City to nullify the

Agreement. Any assignment without the City’s consent shall be null and void. The Qualified

RFQ#202526 Page 9

Proposer shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.

The Qualified Proposer and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of the Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of the

Agreement.

The term " Qualified Proposer " shall have the same meaning as "Franchisee".

2.8. Damages to Public/Private Property

Qualified Proposer(s) shall carry out the work with such care and methods as not to result in damage to public or private property. Should any public or private property be damaged or destroyed, the Qualified Proposer, at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property, as applicable, promptly within a reasonable length of time. (Not to exceed one month from date damage was done).

2.9. Legal Requirement

This RFQ is subject to all applicable federal, state, county and local laws, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by Qualified Proposer(s) shall in no way be cause for relief from responsibility.

2.10. Performance

Qualified Proposer(s) will be responsible for performing the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work, and complying with all federal and state laws, and all ordinances and codes of the City relating to such work.

2.11. Use of Subcontractors

The Qualified Proposer may, at any time during the term of the Agreement, subcontract any of the bulky waste part of their operations or assign any portion or part of the Agreement, to

Subcontractor(s) only under and by virtue of permission granted by the City through the proper officials in writing.

Nothing contained in this RFQ shall be construed as establishing any contractual relationship between any subcontractor and the City.

The Qualified Proposer shall be fully responsible to the City for all of the acts and omissions of any subcontractor and their employees for the performance of work under this RFQ, and for any acts and omissions of persons employed by Qualified Proposer.

RFQ#202526 Page 10

2.12. Safety Measures

Qualified Proposer(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of their employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted.

All employees of Qualified Proposer(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. Qualified

Proposer(s) shall use only equipment that is fully operational and in safe operating order.

Qualified Proposer(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.

2.13. Use of Premises

Qualified Proposer(s) shall confine their equipment, apparatus, the storage of materials, and the operation of the Qualified Proposer's workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, and shall not unreasonably encumber the premises with their materials. Qualified Proposer(s) shall take all measures necessary to protect the

Qualified Proposer's own materials.

2.14. Project Manager

Upon award, Qualified Proposer(s) report and work directly with the Director of Solid Waste, or designee, who shall be designated as the Project Manager(s) for the City.

2.15. Public Benefit

The Qualified Proposer agrees to a negotiable amount annually to the City for the purpose of solid waste, chemical collection, and recycling efforts and outreach within the City limits.

2.16. Labor, Supervisors, Equipment and Materials

Qualified Proposer(s) shall furnish, at their own expense, all personnel, supervision, equipment, materials and supplies necessary for the satisfactory completion of the services specified in this

RFQ.

2.17. Employees are Responsibility of Qualified Proposer(s)

All employees of Qualified Proposer(s) shall be considered to be, at all times, the sole employees of Qualified Proposer(s) under its sole direction and not an employee or agent of the City.

All applicable taxes, fringe benefits, and training for all personnel for the performance under the

Agreement shall be the sole responsibility of the Qualified Proposer(s).

2.18. Primary Client (First Priority)

Qualified Proposer(s) agrees upon award of the Agreement, that the Qualified Proposer(s) customers located within the City shall be its primary client and shall be serviced first during a schedule conflict arising between the Agreement and any other Agreement Qualified

Proposer(s) may have with any other cities and/or counties to perform similar services as a result

RFQ#202526 Page 11 of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time.

3. CONTRACT/AGREEMENT

After selection of the Qualified Proposer(s) by the City, an Agreement will incorporate the major terms and conditions for Franchisee's performance. The Agreement shall be in a form, as approved by the City Attorney for legal form and sufficiency, and shall include, but not be limited to, the following matters:

(1) The services to be provided by the Franchisee pursuant to the Agreement shall be nonexclusive and nothing therein shall preclude the City from granting additional franchises to other firms to perform the same or similar services for the benefit of the residents of the City within the City's sole and absolute discretion.

(2) The Proposer shall warrant that it has not employed or retained any company or person, other than a bona-fide employee working solely for the Proposer, to solicit or secure a contract pursuant to this RFQ. Also, that it has not paid or agreed to pay any person(s), company, corporation, individual, or firm, other than a bona fide employee working solely for the Proposer any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of a contract pursuant to this RFQ.

(3) The Agreement will include provisions for termination for cause of the City.

(4) The Proposer shall be required to warrant and represent that at all times during the term of the Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the services.

(5) All work authorized to be performed by Franchisee shall be outlined in the Agreement.

(6) The Agreement will provide for the franchise fees for services provided to customers, which Franchisee shall pay the City in accordance with Chapter 23.5 of the Code of Ordinances of the City.

(7) The Franchisee shall at all times carry professional liability insurance, workers' compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limits in the amount of One

Million Dollars ($1,000,000) per occurrence, except that dollar amount of workers' compensation coverage shall be as provided by Chapter 440.055, Florida Statutes. The City shall be named as an additional insured on each of the liability insurance policies to the extent authorized by law. Each insurance policy shall state that it cannot be cancelled or modified without written notice to the City at least 30 days prior to the effective date of cancellation or modification.

(8) Each Proposer shall be required, pursuant to Chapter 287, Florida Statutes, to execute a

"Sworn Statement on Public Entity Crimes" prior to the execution of an Agreement resulting from this Request for Qualifications. By executing this sworn statement, the Proposer is

RFQ#202526 Page 12 affirmatively stating that neither it nor an affiliate (as defined in the statute) has been convicted of a public entity crime, and that it is not barred from entering into the contract. The Proposer shall further acknowledge that any misstatement or misrepresentation of fact, lack of compliance with the statute, or subsequent conviction of a public entity crime shall result in the contract being null and void and/or subject to immediate termination by the City. In the event of such termination, the City shall not incur any liability for any services furnished by the Franchisee.

(9) Franchisee shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the

Franchisee and persons employed or utilized by the Franchisee in the performance of the

Agreement.

(11) The Franchisee shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject of patent rights or copyrights. Franchisee shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the services, or any part thereof, furnished under the

Agreement, constitute an infringement of any patent or copyright of the United States. The

Franchisee shall pay all damages and costs awarded against the City in such matter.

4. INSURANCE

These are mandatory insurance requirements, please be sure to fulfill each requirement listed below. All policies, endorsements, certificates and/or binders shall be subject to approval by the

City’s Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by a duly authorized representative of the City. A lapse in any required insurance coverage during the Agreement shall be considered a material breach.

Further it is understood and agreed by Proposer that nothing in this provision shall waive or otherwise limit the right of the City to modify INSURANCE REQUIREMENTS to meet the demands of special or unique circumstances. Accordingly, those rights are expressly reserved by the City.

The insurance obligations under the Agreement shall be: all the insurance coverage and/or limits carried by or available to the Franchisee or the minimum insurance requirements and/or limits shown in this RFQ, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this RFQ are sufficient to cover obligations of the Proposer under the Agreement.

If evidence of insurance provided by Proposer does not comply with the requirements of this section, the City reserves the right but not the obligation to deem your Response to the RFQ non-responsive.

RFQ#202526 Page 13

Throughout the term of the Agreement and for all applicable statutes of limitation periods, Proposer agrees to have and maintain in full force and effect the insurance policies set forth in this

RFQ. All policies must contain an endorsement requiring minimum thirty (30) days written notice from the insurance company to the City prior to cancellation or any change in coverage, scope or amount of any such policy or ten day notice for non-payment of premium.

a. All insurance policies shall be issued by insurers that are authorized to transact business in the

State of Florida, and have an A. M. Best's financial and size rating of A-VIII or better.

b. All insurance policies, except Property, Workers Compensation and Professional Liability (if applicable), shall name and endorse the following as additional insured: The City of Homestead, its employees, directors, officers, agents, independent contractors, successors and assigns, and other authorized representatives as additional insured to the extent of the contractual obligation assumed by the Consultant. The Commercial General Liability policy shall be endorsed with the

ISO CG2010 Additional Insured endorsement (or similar endorsement with coverage at least as broad as the ISO CG 2010) and the ISO CG 2037 Additional Insured – Completed Operations endorsement (or similar endorsement with coverage at least as broad as the ISO CG 2037). As additional insured, the City shall be defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Franchisee, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence.

c. It is specifically agreed that the City of Homestead shall not be liable to the Franchisee for any liability arising out of the performance of the Agreement. Franchisee specifically waives any and all rights of recovery it may have against the City of Homestead, independent of any waiver of rights of recovery by any insurer. All insurance policies shall include a Transfer of Rights of

Recovery Against Others to Us/Waiver of Subrogation in favor of the City.

Franchisee agrees to obtain any endorsement that may be necessary to effect all waivers of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

d. All insurance policies shall be endorsed to provide that (a) Franchisee’s Insurance is primary and non-contributory to any other Insurance available to the City of Homestead with respect to claims covered under the policy and (b) Franchisee’s insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. Self-insurance shall not be acceptable.

Any policy including a self-insured retention (“SIR”) in the primary layer of liability in any amount must be submitted to and approved by the City’s Risk Management Department prior to risk approval.

e. If the Proposer fails to submit the required insurance certificate(s) in the manner prescribed with the executed Agreement submitted to the City and if not submitted with the executed

Agreement in no event exceed three (3) calendar days after request to submit certificate(s) of insurance, the Proposer shall be in default, and the Agreement may be rescinded at the City’s sole

RFQ#202526 Page 14 discretion. Under such circumstances, the Proposer may be prohibited from submitting future solicitations to the City.

f. Proposer shall carry the following types of insurance coverage whether products and/or services provided by Proposer to the City in connection with the performance of the Agreement occur on City premises or not.

(1) WORKER'S COMPENSATION: As required by the State of Florida with the statutory limits, and include employers’ liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. Policy shall be endorsed with a “Waiver of Our Right to Recover From Others” endorsement which favors the

City. A copy of NCCI Form WC 00 03 13 (or similar endorsement with coverage at least as broad as NCCI Form WC 00 03 13) issued by the insurer may be required for risk review and shall be provided by Consultant at any time upon request.

If Proposer’s workers compensation program is part of an employee-leasing or co-employment arrangement where certain Statutory employees may be excluded from coverage, Proposer specifically agrees to indemnify, hold harmless, defend against and pay or reimburse the City for losses the City or its insurers may be obligated to pay to any natural person who is denied workers compensation benefits or employers liability coverage that arise out of or result from Proposer’s employee-leasing or co-employment arrangement.

(2) AUTOMOBILE LIABILITY: Proposer shall carry automobile liability insurance with minimum limits of One Million ($1,000,000) dollars, combined single limit per occurrence for bodily injury liability and property damage. The policy is to be written on ISO Form CA 00 01 covering any auto (Symbol 1) or if Consultant has no owned autos, covering hired (Symbol 8) and non-owned (Symbol 9) autos. Policies shall be endorsed to add the City of Homestead as

Additional Insured and include a Waiver of Subrogation in favor of the City. Coverage must be primary and non-contributory to any other insurance available to the City of Homestead. Copies of the endorsements or policy forms reflecting these terms may be required for risk review and shall be provided by Proposer at any time upon request.

(3) COMMERCIAL GENERAL LIABILITY: Franchisee shall carry Commercial General

Liability Insurance for all on-going and completed operations of the Franchisee, including all on-going and completed operations of all Franchisee’s sub-contractors and shall include but shall not be limited to Contractual, Products and Completed Operations and Personal and Advertising Injury coverage with limits of not less than: One million ($1,000,000) dollars each Occurrence and for

Personal and Advertising Injury coverage and two million ($2,000,000) dollars for Products –

Completed Operations Aggregate and General Aggregate. The Commercial General Liability insurance policy must include but shall not be limited to the following listed Coverages: Coverage

A – Bodily Injury and Property Damage Liability, Coverage B – Personal and Advertising Injury

Liability, and Coverage C – Medical Payments. Coverage shall include but shall not be limited to coverage for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form

RFQ#202526 Page 15 property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed.

Franchisee’s Commercial General Liability insurance coverage shall be primary and non-contributory. For any claim related to the Agreement, this coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 – PRIMARY AND NONCONTRIBUTORY – OTHER

INSURANCE CONDITION as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Franchisee’s insurance and shall not contribute with it.

The City’s Risk Management Department will not accept an insurance policy that includes the ISO

CG 21 39 CONTRACTUAL LIABILITY LIMITATION, the ISO CG 24 26 AMENDMENT OF

INSURED CONTRACT DEFINITION or similar endorsements. The Commercial General

Liability policy must be endorsed to add the City of Homestead as Additional Insured and include a waiver of subrogation endorsement in favor of the City. Copies of these endorsements and/or policy forms reflecting these terms may be required for risk review and shall be provided by

Franchisee to the City at any time upon request.

(4) COMMERCIAL UMBRELLA / COMMERCIAL EXCESS LIABILITY: Franchisee shall carry and maintain minimum $1,000,000 per Occurrence and $1,000,000 Aggregate excess liability limits over underlying Commercial General Liability, Auto Liability and Employer’s

Liability coverage as outlined above.

(5) POLLUTION LIABILITY: Franchisee shall procure and maintain Pollution/Environmental

Liability Insurance with minimum limits of $1,000,000 Per Occurence, $1,000,000 Aggregate, naming the City of Homestead, its Employees, Directors, Officers, Agents, Independent

Contractors, Successors and assigns and other authorized representatives as additional insured as to the work to be performed.

FRANCHISEE IS SPECIFICALLY AND EXPRESSLY FORBIDDEN BY CITY TO (1) USE,

(2) OPERATE OR (3) CAUSE TO BE OPERATED UNMANNED AERIAL VEHICLE(S)

AND/OR UNMANNED AERIAL SYSTEM(S) (i.e “DRONES”) WITHIN CITY CONFINES AT

ANY TIME DURING THE TERM THIS RFQ OR SUBSEQUENT AGREEMENT IS IN FORCE

UNLESS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.

g. Proposer shall be solely responsible for ensuring that all vendors and/or independent or sub-contractors (“sub-contractors”) also comply with the insurance requirements, terms, conditions, limits and related criteria as outlined above and shall specifically require Professional Liability, Commercial General Liability, Auto Liability and Florida Workers Compensation coverage from any sub-contractor utilized by Consultant.

h. FRANCHISEE’S PROPERTY: Franchisee and its subcontractors, if any, are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding, and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the City of Homestead.

RFQ#202526 Page 16

i. Franchisee shall provide the City of Homestead’s Contract Administrator with a copy of the certificate(s) of insurance and endorsements evidencing the types of insurance and coverage required in this Section within three (3) calendar days of Franchisee’s receipt of Notice of Intent to Award the franchise and, at any time thereafter, upon request by the Contract Administrator. It is the Franchisee's responsibility to ensure that the Contract Administrator is provided with evidence of current insurance on file with the City during the term of the Agreement, or longer as may be required herein.

j. Franchisee's Insurance Policies shall be endorsed to provide the City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits or ten days for non-payment of premium. Notice shall be sent to:

City of Homestead

Attn: Procurement & Contract Services Department

450 SE 6th Avenue

Homestead, FL 33030

k. If any of the Franchisee's insurance policies are written on a “claims-made” or “reported” basis or coverage form, then Franchisee shall maintain such insurance coverage for a period of

FIVE (5) years after the expiration or termination of the Agreement including any and all extensions or renewals of the Agreement. This requirement may be met by keeping the policy(ies) in force, or by obtaining an extended reporting period coverage endorsement, an extension of coverage commonly known as “Tail” Coverage, which provides coverage for claims presented past the expiration of the policy(ies) arising from work performed during the policy period.

l. If any of Franchisee's Insurance policies includes a general aggregate limit and provides that claims investigation or legal defense costs are included within the general aggregate limit, the general aggregate limit that is required shall be no less than five (5) times the per occurrence limit as specified above in this Section.

m. The provisions of this Section shall survive the expiration or termination of the Agreement.

n. PAYMENT: If any of the insurance policies required under this Section lapse during the term of the Agreement or any extension or renewal of the same, the Franchise Agreement may be suspended until such time that the City has received satisfactory evidence of reinstated coverage of the types and coverage specified in this Section that is effective as of the lapse date. The City, in its sole discretion, may terminate the Agreement immediately.

o. RENEWAL OF INSURANCE: Franchisee shall be responsible for assuring that the insurance certificate/ endorsements required in conjunction with this section remains in force for the duration of the term of the Agreement. If the insurance certificate/endorsements are scheduled to expire during this period, Frnachisee shall be responsible for submitting a new or renewed insurance certificate/ endorsements to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate(s) evidencing acceptable insurance coverage which covers the term of the

RFQ#202526 Page 17

Agreement, the City may suspend the Agreement until such time as the new or renewed certificate/endorsements evidencing acceptable insurance coverage are received by the City.

p. MINIMUM COVERAGE: Insurance coverage in the minimum amounts set forth herein shall not be construed as to relieve Franchisee of liability in excess of such coverage, nor shall it preclude or otherwise limit the City from taking other action(s) as may be available under any other provision(s) of the Agreement or otherwise in law or equity.

q. CONFLICT: In the event that a conflict arises between the provisions of any agreement, contract or understanding that arises out of this RFQ and this Section, the provisions of this Section shall control and prevail.

r. DISCLOSURE OF INFORMATION: Franchisee shall agree that the City may disclose the name and contact information of its insurers to any third party which presents a claim against the

City for any damages or claims resulting from or arising out of work performed by the Franchisee, its agents, employees, servants or subcontractors in the performance of the Agreement.

s. RELAXATION OR SUSPENSION OF INSURANCE REQUIREMENTS: If, in the opinion of the City, full compliance with the insurance requirements in this Section is not commercially practicable for the Franchisee, and would not be commercially practicable for most other

Franchisees qualified to perform the services, at the written request of the Franchisee, the City may, in its sole discretion, and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the

Franchisee. As a condition to any such relaxation of the insurance requirements, City may require

Franchisee to provide the City with written evidence satisfactory to the City that full compliance with the insurance requirements is neither commercially practicable for the Franchisee, nor commercially practicable for most other Franchisee qualified to perform the services under the

Agreement. Any such modification shall be subject to the prior written approval of the City, and subject to the conditions of such approval.

t. SUBSEQUENT AGREEMENTS: The requirements of this Section shall extend to any subsequent written agreement which results from this RFQ and shall represent the City’s minimum insurance requirements. Proposer understands and agrees that the insurance requirements may be updated or amended at the sole discretion of the City’s Risk Manager in any subsequent agreement executed which is subject to this RFQ based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

5. SUBMITTAL CONTENT

Proposers must carefully adhere to the format and instructions outlined below. Responses must include all requested information, presented in the order specified. This information is essential for evaluating the proposal in accordance with the requirements of this Solicitation.

To ensure a consistent and thorough review process, all submittals must be organized as instructed. The following documents and information are required as part of the Proposer’s response. Failure to comply with these requirements may result in the proposal being deemed non-responsive and excluded from further consideration.

RFQ#202526 Page 18

The following documents to be submitted as part of the Response to this RFQ:

1. Copy of hauler' s current Business Tax Receipt / Occupational License.

2. Attestation of Qualifications Form, Attachment B, completed in full, signed, and notarized.

3. Submission of all documentation, as a minimum, as required in the Attestation of

Qualifications Form, Attachment B.

A. Name of applicant. If the applicant is a partnership or corporation, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation. Provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the names and business addresses of the local managing officers shall be required.

Character of applicant. The applicant for a franchise under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be of good moral character. In making such determination the following information, which shall be submitted by applicant, shall be considered.

B. Character of applicant. The applicant for a franchise under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be of good moral character. In making such determination the following information, which shall be submitted by applicant, shall be considered.

Penalty history. If the applicant is an individual, a record of all convictions and the reasons therefore shall be provided by the applicant. If the applicant is other than an individual, then the record of all convictions and the reasons therefore of the principal controlling officers of applicant shall be provided. Provided, however, that in the case of a publicly held corporation having 25 or more shareholders, then only the aforementioned information applicable to its local managing officers shall be required.

Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set of which, for each of such persons shall accompany the application. Such service shall be obtained from a public agency.

Business history. Whether such applicant has operated a solid waste collection removal business in this or another state under a franchise, permit or license and if so, where and whether such franchise, permit or license has ever been revoked or suspended and the reasons therefore.

Existence of business entity. If the applicant is a corporation, applicant shall submit proof of incorporation in good standing in the state of incorporation and, if a foreign corporation, applicant shall provide information certifying that applicant is qualified to do business in the state. If applicant is operating under a fictitious name, applicant

RFQ#202526 Page 19 shall be required to submit information that such fictitious name is registered and held by applicant.

C. Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. In making such a determination and approving the method of operation for each applicant, the department shall require the following information:

The type, number and complete description of all equipment to be used by the applicant for providing service pursuant to this chapter.

A statement that applicant will use only city- and/or county-approved disposal sites for disposing of all garbage, yard and garden waste, industrial waste, and solid waste material which applicant collects and removes, except those sites which heretofore have been approved by the State of Florida department of environmental protection.

The names of customers and the addresses of each location served by the company.

D. Insurance requirements.

1. The applicant for a franchise shall maintain insurance as specified herein and shall furnish a public liability policy to the department and also file with the department a certificate of insurance for the policy written in the applicant's name. The certificate shall provide that the policy contain an endorsement requiring that the department shall be furnished with ten days' notice by registered mail prior to cancellation or material changes in the policies. The applicant shall carry in the applicant's own name an automobile liability insurance policy covering the applicant's operations with a combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage liability. The city shall be listed as an additional insured for liability.

2. A performance bond or an acceptable alternative in an amount equal to the contractor's previous 12-month franchise fee(s) paid to the city or a minimum of $25,000.00, whichever is

3. greater, as security for any fee(s) due to the city under the franchise agreement(s) with good and sufficient sureties conditioned upon the compliance of the terms of this chapter in such form as required by the city attorney. Said performance bond, or alternative acceptable by the department, shall not expire prior to six months from the commencement of the term of the franchise agreement and any extensions thereof.

Liability of the city and the department. The above insurance requirements shall not be construed as imposing upon the city or the department or any official or employee thereof any liability or responsibility for injury to any person or damage to any property by the insured, the insured's agents or employees.

4. City Forms

1. The attached Proposer's Certification, ADA Disability Nondiscrimination Statement, Business Entity Affidavit, Certification regarding Debarment, Drug-Free Workplace

Affidavit, Scrutinized Companies, E-Verify, Sworn Statement on Public Entity Crimes, RFQ#202526 Page 20

Performance Surveys, Notification of Social Security Number Collection and Usage, W-9, Noncoercive Affidavit, Affidavit Regarding Prohibition on Contracting with Entities of

Foreign Countries of Concern, Proposer's Certification.

2.…