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HomeMy WebLinkAboutReso 2011-1681RESOLUTION NO. 2011 - J L, ~ I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 11-01-01 TO AND ENTERING INTO AN AGREEMENT WITH SOUTHERN WASTE SYSTEMS LLC FOR WASTE MANAGEMENT SERVICES, IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND SIX HUNDRED THIRTY-FIVE DOLLARS AND TEN CENTS ($18,635.10) ANNUALLY, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AS EXHIBIT" A", BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED HERETO AS ATTACHMENT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a contractor to furnish all materials, equipment and labor for waste management services in the City of Sunny Isles Beach; and WHEREAS, the City issued and advertised Bid No. 11-01-01, for Waste Management Services, for which four (4) responses were received; and WHEREAS, staff has determined that the bid response from Southern Waste Systems, attached hereto as Attachment "A", is the lowest responsible and responsive bid; and WHEREAS, City staff have recommended the bid award, based on a careful review of the line items and consideration for the Contractor's reputation; and WHEREAS, Southern Waste Systems has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to award Bid No. 11-01-01 to and enter into an agreement with Southern Waste Systems LLC to provide services on a unit price basis for Waste Management Services, in an amount not to exceed Eighteen Thousand Six Hundred Thirty-Five Dollars and Ten Cents ($18,635.10) annually, in substantially the same form as attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 11-01-01 to and enters into an agreement with Southern Waste Systems LLC for Waste R2011- Waste Mgmt Srvs Agrmt (Bid 11-01-01) Page I of2 Management Services, in an amount not to exceed Eighteen Thousand Six Hundred Thirty-Five Dollars and Ten Cents ($18,635.10) annually, in substantially the same form as attached hereto as Exhibit "A", based on the pricing, terms, and conditions listed in the bid response, attached hereto as Attachment "A". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 23rd day of February 2011. ,. ATTEST: &~tA~ Jane A. Hines, CMC, City Clerk I'l . Moved by: ~\U. M~~ ~~ eoMt^\ S~l b,J 6 ~ A ~~loJ Seconded by: Vote: Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl ~(Yes) ~(Yes) ~(Yes) ./ (Yes) -r(Yes) _(No) _(No) _(No) _(No) _(No) R2011- Waste Mgmt Srvs Agrmt (Bid 11-01-01) Page 2 of2 CITY OF SUNNY ISLES BEACH AGREEMENT WITH SOUTHERN WASTE SYSTEMS, LLC CONTRACT NO. CIOII-029 TillS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this -z... '"3.~ day of ft:6(2u~, 2011, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter re rred to as "City"), and SOUTHERN WASTE SYSTEMS, LLC a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal LD. # is RECIT ALS WHEREAS, the City is in need of a contractor to provide the services of a qualified vendor to provide waste collection, disposal services and the rental of Contractor supplied dumpsters ("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide theses Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to contract with Contractor to provide the Services, as more fully described in Attachment "A" which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into this Agreement with the Contractor in an amount not to exceed Eighteen Thousand Six Hundred Thirty-Five Dollars and Ten Cents ($18,635.10) to provide said Services. NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Section 3 ("Scope of Servicesrrechnical Specifications", Page 21 of 28) of Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with Exhibit "A" ~}B C I 0 11-029 SOUTHERN WASTE SYSTEMS, LLC AGl< City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for an initial term of one (1) year and shall commence upon execution by both parties and the issuance of a Notice to Proceed from City Manager or his Designee. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Issuance of Notice to Proceed and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. OPTIONS TO RENEW. The City shall have the option to renew the Agreement for an additional four (4) one year renewal periods. Prior to exercising its right for any renewal term, the City may consider an adjustment to price based on the procedures set forth in Section 2.4 ("Options to Renew", Page 16 of 28) of Attachment "A", and the changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W): Miami - Fort Lauderdale, Florida. 5. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in the Bid Form, Page 24 of 28, of Attachment "A". This fee to the Contractor shall be disbursed on a monthly basis accompanied by itemized invoices and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received for services rendered in conformity with the Agreement will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will C1011-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 2 SIn I.J City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax thereupon be closed, any and other additional charges, if not properly included on this final invoice are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor IS an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSillP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the comprehensive general liability C 1 0 11-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 3 n t.)/!J City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include premises and operation; independent contractors; products and/or completed operations hazard; broad form property damage; broad form contractual coverage applicable to this specific Agreement; and personal injury coverage with employee and contractual exclusions removed. o Worker's Compensation, as required by law, but with no less than $1,000,000.00 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles with minimum limits of not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. a. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor thirty (30) days to cure such default. If the default remains uncured after thirty (30) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If C 1 0 11-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 4 """ vie City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 5 herein. 11. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set -off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor thirty (30) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is C1011-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 5 " v/C City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provIsIons. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Jorge Vera With a copy to: Acting City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: Charles Gusmano, Manager Southern Waste Systems, LLC 790 Hillbrath Drive Lantana, Florida 33462 Tel: (561) 582-6688 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. ClOll-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 6 n vie City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachment hereto. 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any C1011-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 7 n vie City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to the performance of Services by Contractor, including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. MISCELLANEOUS. A. In the event any proVIsIon of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [remainder of page intentionally left blank] C 1 0 11-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 8 f'\ u/e City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. WITNESSES: \~k- _ ~llC~ .- ~\~i\ Print Name SOUTHERN WASTE SYSTEMS, LLC Signature .. ,(/6-"../J... WITNESSES: Signature Print Name ATTEST: ~~~ Jane A. Hines, C, CIty Clerk APPROVED AS TO FORM AND LEGALS E C BY: C1011-029 SOUTHERN WASTE SYSTEMS, LLC AGREEMENT 9 ~fB '<..1 1 . ,I l '. Waste Management Services BID SPECIFICATIONS Invitation to Bid No. 11-01-01 COpy SOUTHERN WASTE SYSTEMS 790 HllLBRATH DRIVE lANT.!\l'~..J\, FL 33462 Publish Date: Januar:y-.oSr20lL.- .-.----- _________.4......- -......___________._____._.._____ Pre-Bid Conference: January 18, 2011 at 2:30 PM Bid Due and Bid Opening Date: . February 02, 2011 at 10:00 AM Sunny Isles Beach Govemment Center 18070 Collins Avenue . Sunny Isles Beach, Florida 33160 A TT ACHMENT "A" ~\'3 (-) '.. ) I I I I I I I , i i ____. DEUVER TO: City of sunny Isles Beach Cty Clerk 18070 Collins Avenue sunny Isles Beach, Fl 33160 INVITATION TO BID SEC110N 4 BID SUBMmAL FORMS OPENING: 3:00 P.M. February 02, :lOt1 PLEASE QUOTE p~~ ~.O.B..pESTINATION, lESS TAXES, DEUVEREC IN . . ~. OF SUNNY ISLES BEACH, FLORIOA NOTE: Oty of sunny Isles Beach Is eXempt:fTom 'all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax exemption Certificate fum~~ upon request. IssUed by: P.urchaslng Agent Date Issued: January 05, 2011 ThIs Bid Submittal Consists of Pages 23 through 27 Sealed bids are subject to the Terms and ConcitlonS of thIs InvItation to Bid and the accompanying BId Submlttal. Such other contract prov\SlOOS, spedflcatlons, drawings or other data as are attached or Incorporated by reference In the BId Submittal, win be received at the offlce of the City Oerk at the address shown above until the above stated time and date, and at that time, publicly opened for fumrshing the supplies or services described In the accompanying Bid Submittal Requirement IFB U-Ol..o1 Waste Management ServlCIIS A Bid DePoslt in the amount of D. of the total amount of the bid shaft accompany all bids A Performance Bond In the amoWlt of ra of the total amount of the bid win be required upon execution of the contract by the successful bldder and City of SUnny Isles Beach pl'lM".llMllll!t AGent: MarcanthOny Tulloch Camntodltv Codelsl: 63112, 74502, 74504, 74511,74514,74521 Firm Name: Southern Waste Systems LLC ~A~S- ,. -PRN ONE'oRiGiNALAND TWO COPIE~ OFlJIIBUBMlTTAt."'PAGES AND At=Fm~JtTS .... '.. ".. ......._._---- i I t I t I I I FAILURE TO SIGN PAGE 27 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE PAGE 23 OF 28 BID No. 11-01-01 S\B ,. ') am FORM .\ . . ./ SCHEDULED SERVICES it DescrI1Jtlon Est. Pulls Unit PrIce Extended Total I 1 2 Yard (Recvdables) 104 $ 5.78 $ 601.12 2 2 Yard (Trash) 156 $ 8.46 $1,319.67 3 2 Yard (Trash) 156 $ 8.46 $1319.67 4 6 Yard (Recydables) 104 $ 17.34 $1803.36 5 4 Yard (Trash) 208 $ 16.92 $3519.36 6 2 Yard (Trash) 104 $ B. 46 $879.84 ONDEMAND SERVICES it Oesoiotlon Est Pulls Unit Price Extended Total Anmlallv 7 20 Yard (Trash) 37 $245.00 $ 9065 8 2 Yard (Trash) 15 $ 8.46 $ 126.90 GRAND TOTAL rUnes 1- 81: $ 18,634.92 i'Qulllltlties listed are estimates and are not ~lIale'lntlpcll'lnri r.hange with out notice --..--------.-- ~ .-.-.--.----....-- - -./1' . ". .-~-~.' (~ .'.A~ - PAGE 24 OF 28 BID No. 11-ll1-a1 (\1'1 VI\) :. ') ," '" I \ :'" ) " .. . -\. SECTION 4 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA IN~TRUcnONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2. Dated Addendum #3, Dated . Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum '1fT, Dated Addendum #8. Dated 1/12/2011 1/21/2011 . "--_.. .- PART It. h . .,_,.~_ . . n.NO ADOENOiiMWAS RECEiVED IN coNNECTION WITHTHI5-BlI~r.-- :". -- M~ Southern. Waste Systems LLC . FIRM NA ~ AUTHORIZEDSIGtlATURE: ~~ 4f1l-. ~1, TITlE OF OFFICER: Member / Manager 2011 PAGE 2S 01'28 BID No. 11-0H11 S![? ~'" ) BID SUBMITTAL FORM Bid Tide: W" Manllge1l1cnt Services The undersigned pioposers proposes end agrees. if this Bid is accepted. to enter into an agreement with The City of Sunny Islos Beach in the form included in the Contract Documents to perform and tiJrnish all Work as specified or indicated in the Col\tl'8Ct Doouments for the Contract Price and within the Contract Time indicated in t~ Bid and in accordance with the other terms and conditions oftl1o Contract Documents. The Proposers accept! all of the tennS and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers. Including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requiremen1S within ten days after the date of the City's Notice of Award. \ / In submitting this Bid, the Proposer .represents, as more f1JUy set forth In the Agreement, that . The Proposer has familiarized hlmselfjherself with the nature and extent of the contract OoC.\Iments, Work, site, locality, and all tocal conditions and Law and RegUlatlons that In any manner may affect cost, progress, performance, or furnIShing of the Work. . The Proposer has studIed carefully all reports and drawings of subsurface conditions and drawings of physical condItIonS. . - ollie ProPoser has obtained and Carefully stucBed (or assumes responslbUtty for obtaining and carefully studying) all such examlnatiQt15, InvestigatIonS, explorationS, tests and studies which pertain to the subsUrface or physical conditions at the site or otherwIse may affect the cost, progress, performance, or furnishing d the Work at the contTad: PrIce, within the ContraCt llme and In accordance with the other terms and conditions of the contract Dccuments, and no acIdltJonal examinations, Investigations, explorations, tests, reports or similar Information or data are or wUl be requIred by Proposer for such purposes. . 1111:: P.opcser has given the City wrH'tP.r1 notice of all conflicts; errors, .U___ _ 'lllserE!Panc1e5 d,at1t-I'IaS"'dlsaWered-1~GeAtrar:;t..CocUment'i ilM thj:! written ---:---resaIUtlsn-thereof.by CIty-ls.acceptabl~ ~..tIj~.~~" -, -.. - - - -~,. - -:- --- -. . This Bid Is- genuine and not made In the Interest of or on-!ietialf -of any undisdosed person, firm or corporation and Is not submitted In conforrnttv with any agreement or rules of any group, association, organization, or corporation; the proposer nas not directly UI Ihdlredlt Ind\!ted gr solicited an'{ other PropOSerS to submit a false or sham Bid; the PropoSer has riot solldted or Induced any person, firm or corporatiOn to refrain from Bidding; and Proposer has not sought by collusion to obtain for Itself any advantage over any other PropOSerS or over the Oty. . .~.___ PO _ _ ._. . -. . ---. I I 1 I 1he Proposer understands and agrees that the BId Is for unIt prices to fumlsh and install Individual Work ItemS for maintenance aM/or repair work, complete In place. EstImates are provided for the purposes of Bid evaluation and to establish unit prtces for Individual Work Items for maintenance and/or repair work PAGE 26 Of 2B B10 NO. SfB ...----) ..) to be contracted by the City under Individual Purchase Orders, based on the unit prices established under this Bid. The Oty and the successful Proposer will estabrlSt1 completion times for each individual Work Item and the successful proposer agrees that the work will be completed within the time frames agreed upon and stipulated In the individual Purdtase Orders and/or Notice to Proceed. FIRMNAM~ Southern Waste Systems, LLC Street Address: 790 Hillbrath Drive Mailing Address (If crJfferent): Lantana Fl 33462 888-800~7732 561-582-6688 561-582-6985 Fax No. 6 5 0 9 36 0 43 FEIN No. :..1_-__1-.1-1-1-1-'- 65-0936043 Telephone No. cgusmano@swsfi.com EmaU Address: . * "BY SIGNING THIS DDCUIIENTTHE BIDDER AGREES TO ALL TERNS ~ ~TUREOF~:SBlTl PRINT NAME: Charles Gusmano ~ ,. .~It.f:'.~~eUJ!I-~,mU;:,,.... ..-:-.....:. -_.~..~~~.7-. d__.. _.- .... .,.- . . . .', - _..---=.....-=--~=.:... , -. ... -. -. THE EXECUTIONOFTHISfoiufC:ONsmUTES THE UNEQUIVOCAL OFFER OF PROPoSER TO BE sOUND---':~~ BY THE TERMS OF rrs PROPOSAL FAILURE T05I6N THIS SOUCITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENrATIVE SHALL RENDER THE PRoPosAL NON-RESPONSIV!. THE CITY M&Y, HOWEVER. iN lTS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCWDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINJJ:j 1"1: PROPOSeR. Te 'TIlE 'TtRMS OF itS OFFER. PAGE Z7 OF Z8 I3l1> No. ~rD ~i.U () NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach i807D Conlns AVlI11II8 Sunny leI.. Beach. FL 331110 TelepItone: (305) 947-0606 FlIlC (305) lI4903113 STATEOFf'LORIDA ) COUNTYOF Palm Befich The underslgned being IIr1t duly swam as provlcled by law. depOSflll, and says: ThIs AfIldavills made with the knOWledge and Intent that It II to be lied wllh the CIty of Sunny IsIBS Beacl\ CIty Commission and Ihat it wilt be relied upon by said County. In any conslderallon whIc11 may 91\18 to and any salon it may take with respect to this Bid. Tho unde/1lgned Is aUlhorizad 10 make tills Aflldavlt on behalf of. Southern Waste Systems (Name of CorpmtlOn. pertn9rsh1p, Indivlclual. etc.) B. LLC (Type of Bu8lnllSS) Florida , formed under tI1elaws of (stale) ofwhlch he Is Member / Manager (SOle Owner. Partner, Presfdent, etc.) -) NeIther the Wlden!gned nGl' any person, firm. or corporatiOn nmlld In above paragrapl110.2. nor ~ne else \0 the kncw\8dge of thI1 undersigned, havelhem&elves solicited at employed anyone else to solicit faVorable action for this Bid by the CIty. also that no Mad of any deparhBl1l or en:aJlloYee \herein. or any officer of the COy of Sunny Islee B8adl. Florllills dlredly Interested therein. ThiS B1i1lis -genuln~ and-not.coIIUllwor.a shamj, the person. flrm or corporatlllnoal1!~ abOve In Plragraptl1 0.2 has not colluded. c:onspIred, COMIVed or agreed d1red1y or IncllIeclIy wHh any propoaers or person, firm or corporatIon. to Put in I Shim Bid.' or.II1111'lllch'person;1Irm or . corporlllon. shin refrain from BIdding. and hIS nolln any mamer. diredly or tndlnlclly. &lIlIlIht by agreement or collUlIon. Of comnumicatlan Dr conrerance wDh my p8IICIl1. tIrm or ~n. 10 fiX the prlces of said BId Dr Bldll of any other proptllllrlj and all statemen18 camI8InlId In the Bid or Blcls daCrlbed above tr.uej and furtI1er; nlithar Il1e undersigned, nclf the perscm, fInn or corporallon named above In Pllnl9tl1Jlh 10.2, he8 d/reclly Dr indirectly sutlmlltlld sald Bid or tile conIBnts tlunof, or diWlge4lnfQrmatlon or data relllllve 1tlerBtO, 10 any associallon or m~7~ Charles Gusmano Member/ Manager AFFIANT'S NAME AFPIANT'S TIlU! ~,~ ~=~_~~c~:~~~~~~~~-~:~~~;;;~~~~~-~;~J;:~~;;~~~~l~ '--_-,.~,.. ,':.~!r~77'~':~=7~~~.'~'~'~=-~~-7-:~~~~'''':-.'' P81'$0nally~~OrpioducedldimliliClition_; ----'-'---. ,., Type Clf lderdiflcatlon /U 'A (AJIIx eaalltere) ",tR'f plI",. +0....... "to KATHl.EENA.8ASS * ~ * MYCOUMISSIOH.OO687213 ~ EXPIRES: June 22,2011 ""0/I"J1'"" IIclIIledThu!llllgllt_SenIces 1{~. NOTARY pUBLIC (nll1Tlll printed ort ...-- 1017 DECEIlIlE" 21, 2010 S\[ ,- ) PUBLIC ENTITY CRIMES City of Sunny Isles Beach 1W10 CalIllls Awnuo . Sllnnr IaIea Beoch. FI. 33180 T~ (305) 941;-0606 Fa: (80S1849-3113 SWORN STATEMeNT PURSUANT TO SECfION 287.133(3)(8) FLORIDA STATUTES, ON PUBUC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisiOns of paragraph (2) (e) of SectIon 287.133. Florida State Statutes. nA person or affiliate who has been placed on the convlctecl vendor list following a convlct1cn for a public entity crime may not submit a Bid on a Contract to provicle any goods or services to a public entity, may not submit a BId on a Contract With a public entily fer the construction or repair of a public; building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a COntractor, suppUer, sub-Contr8etor. or Consultant under a Contract wtth any public entity, and may not transact business with any public entity In excess oHhe threshold amount Category Two of Sec. 287.017. FS for thirty six monthS from the date of being placed on the convictecl vendor list". . THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A. NOTARY pUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 'J / 11.1. This swom statement is submiUed to Citv of SUnny Isles Beach ~ Charles Gusmano, Member / Manaqer [PJU1'11IDMUUm' Nil'" ana UN. for Southern Waste S~tem.s LLC IPrun n8fJW OJ 8IUMJ IUmlUJIl1IiJ MOm menq whose busineSS address Is: . --790-' Hil.lbrath. Dr.. . Lantana, Fl 33462 and Of applicable) Its Federal Employer Identification number (FEIN) Is 65 - 0 936043 . (If the entity had no FEIN, include the Social Security Number ~ the indMdual signIng this swcm statement: .) . 11.2. I understand that a "public entity crime" as defined in Paragraph 287 .133{1 )(g), Florida stat1.ltes, means a violation of any state or federal law by a person with ~spect to and directly related to the transaction of _... __. __"'- DU_~ness ~Ith ~I! .,ublic; emit). or WitA an agency or politlC:il .subdivision of any other state or with the .. .. . _." -'ynlt~d_'l:i~S~lnclUCIR19i1)1lf1'fotll~d.toj'8~-~id or'Gontra(lt.for,goodsor.~s!HMi~JQ.bA ~o~l!Y,~..:_ - --. _ ___ -----------pubhG-entit}i-:ot.:Sn- agertCy- or_poIltlc~l $\l~c1I~~~ .~ ~ny o~r state of the United .StaWs .~(j InvolVing'. . ,. ..-_. _.. - - -- . . _..,....-. antitrust; fraud. theft. bribery. collusion. racketeering, conspiracy; or materJalfffi~P:resen~on;---~-:':_-~"::':"_. 11.3. I unders1and that "convicted" or "conviction" as deflneclln Para. 287.133(1 )(b), Florida StStutes. means a finding of guRtor a conviction of a public entity crime. with or without an adjudication of guilt, In any TeOeral or abl~ bail court of record FOisting to charges "'rtlusht ~ indictment or information after July 1, 1989. as a result of a jury verdict, non-jury trial, or entry of s plea gf guIlty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1 )(a), Florida Statutes. means: a) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is. active in the management of the entity and who has been convicted of a public entity crime. The term "affinate" includes those officers, dIrectors, executors, partners, shareholclers. employees. members, and agents who are actlve in the management of an affiliate. The ownership by one person of shares constituting a contro~ing Interest in another person, or a pooling of equipment or income among persons when not for fair DB:EM8C1r2l,2010 2017 srB The entity submitting thIs sworn statement, or one or more of Its officers, directors, executIves, partners, shareholders. employees. members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1. 1989. However. there has been a !iUbsequent proceeding before a Hearing Officer of the state of Florida, Division of Administrative Hearings and tha Final Order entered by the Hearing Officer of the State of Florida, Division of Admlnlstralive Hearings and the final Order entered by the Hearing Offlcer determined that It was not In the public Interest ~ place the entity submitting this swom statement on the .convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO me CONTRACTING OFFICER FOR THE PUBUC ENrrrv IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DeCEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 2.87.017. FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. __ BY. ~4~ ~ . ___~ ~:~:~'~~'~~.__'__.'_'___.- ., . ". _~~t':~Gusman6 : ---~---- .=- - -. - ,'. . . - .h.. h, '--'~(PrintedNcimer . .. h_'. un - . .. . ..,. _. - -...... ------ - .-.----- ..---------- Member I Managerr (Title) 1 , I I j I I I I I I , 1 f \ \, ). ; ! . '--J market value under an arm's length agreement, shall be a prime facie case that one parson controls another person. A parson who knowingly enters into a joint venture with a person who has been convicted of a public entlty crime in Florida during the preceding 36 months shall be considered an affiUete. I understand that a ''person" as defined in Para. 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United states with the legal power to enter Into a binding Contract and which Bids or appUes to Bid on eontracts for the provision of goods or servtces let by a public entity. or which otherwise transacts or applies to transact bUsiness with a public entity. The term "persons" Includes those officers, directors, executives, parlners, shareholders. employeeS, members. and agents who are active In management of any entity. 11.6. Based on Information and belief, the statement which I have marked below Is true In relation to the entity submitting this swam statement. (Indicate which statement applies.) 11.5. x Neither the entity submitting this sworn statement, nor any or lfs officers, directors, executlves, partners, shareholders, employees, members, or agents who are actIve in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a publiC entity aime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of Its officers. directors, executives. partners. shareholders. employees, members,' or agents who are active In the management of the entity, or'an affilIate of the entity has been charged with and convicted or a publiC entity crime subsequent to July 1, 1989. Swam to and 6tIbsGr:lbed before me 1t11s 31stday of January ,20~ by 'q(~~~ (AFFIX NOTARY STAMP HERE) +a~~.~~ KA1Hl.EBlA. SASS ~ MV COMSlatU DDlIl'12tS *~".,; EXPIRES: JUIII22. 2011 ~~CFW""' ~1IlIuB._ SIrIiIl8B personally Known OR produced Identification Signature: NotalY Public - State of Florida Print or Type CommissIoned Name Type of Identification Produced 30fT 1M"' r r" ~) :.'.-J EQUAL OPPORTUNITY I AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 CcIlIMA_ SIIm/ 1_ 9Mch, Fl 33180 Telephone: (3051 941-0a0e Faic: (305) 94903113 EQUAL OPPORTUNITY I AmRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibitlng disaimination based on race, color, religion, national region, sex, age, handicap, marital status, a",d political amnation or belief. Signed: {li?g.x!J~ ~ Title: Member / Manaqer Firm: Southern Waste Systems LLC Address: 790 Hillbrath Drive .. ., \ Lantana, Florida 33462 J .. . ~ .- ... ... c....:- ...~.-:-.~.~::::-::-.-:--..:.~-:~.-=:-:.-:-~---: :-:-'-:--=:::-::~'~::-'.-:-:" _._-~._".. :--~":'::_-':':'-=-:".--:-:-~.:.7~'~~~.-:.:.=.;.;.'..:;..-.:...;.::;-.;-~~ .;.::..;.-- - ... ---- .. . . : . . - . ~ ... - :-" ::. . '. . . ... ... ~-'_.'--'~- - -.._.---- --..------- 4of7 Decal8!II2&.2lI1D :)[L -) CONFLIC,T OF INTEREST City of Sunny Isles Beach 181110 CCIIlM Avenvt SUnny Isles Beach, FI. 331eO TfllIPIon<< (305) 847.oeo& Fell: (305) 94f.31 \3 CONFUCT OF INTEREST STATEMENT The award of any contract hereUnder Is' subject to the provisions of Chapter 112. Florida state Statutes. ProposelS must disclose with lhelr 1flCls, !he name of any officer. director. partner, associate or agent who is also an officer or employee of the City of SUnny Isles Beach or its agencies. STATE OF FlORIDA COUNTY OF Palm Beach BEFORE ME, the undersigned authority, pel'S9nally appeared Charles Gusmano deposes. and slates: . 18.1. h am the Member / Manager Sout ern Waste svstemSNith a 10caI oftice In M';'...llll '1 . r.",,,,t iilUil Fl . who was duly sworn. of and principal office in I J 18.2. The above named entily Is submitting a BId for the City of Sunny Isles Beach, Bid No. 11- 01- 0 1 descrlbed as: Land8c8P8 Maintenance servlcea. The Affiant hils made dRigent Inquiry and provides the inforrna11on contained in this Affidavit based upon hIs own knowledge. 18.3 The Affiant states that only one submlttal for the above Bid Is being submitted and that the abOVe named entity has no fInanciallnterest in other entities 8lJbmitting BIds for the same project. 18A Neither the AflIant nor the above natned entity has directly or lndlrec:By entered Into any agreemerrt. participated In any COltualon, or otherwise 1aken any action in restnlinta of free ccmpetitlve pricing in connection with the entity's submittal for the above BId. This 6iatement restricts the discussIon of pricing data urrtillhe completion of negotiations if necessary and ~~Ql.IU9n ~f ~8 9.~.~!C!.lhIs. p~ . 18.5 Neither the entity nor its afliUates, nor anyone asscciated with them. Is presently su8pendtidoi 'otherwiSe IneUglble' frtlm partic\patiQn In contract letting by any local, state, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor anyone associated with them haVe any potential conflict of interest due to any other clients, contracts, or propecty interests for this project. 18.7 J certify that no member of the entity's ownership or management is presently applying for any employee position or actively seekIng an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management. or staff has a vested interest in any aspect of the CIty . _:.~._ ~.:_:.:-:.... ..:.._::_~f~~~~~~:~Q.tl':.._.::_.:-.... . -::-::_;.:: :.-:... :---.......- .--;... . "._-.-'.n ...__ .._u-.._,..-..... ...-----. ..... . __:~.~..:~1;9.lrHhe:evenUhat.a.c:an~tls id.!~~ in the provislonof SeNl(les. I. on behalf.oftheabovenamea-entttr,=WIlI-.--" --.~- .... .... ... immediately notify the City of SUMY Istes Beach. - .. .. . .. ... .--..-.----..:.:-~..:.~....-:....:._- 1st Janua. . .2011 . - day of 2010. harles Gusmano Member/ Manager Print or Type Name and Title Sworn to and subscribed before me 1ftis ~ ~ay of january I 2011 I!X Personally Known OR Cl Produced Identification ....: Type of Ide,ntlfl~R" 1 ct(~ 6. ~~ NOTARY PUBUC STATE OF FLORIDA ,>IIY Pfh> <~. ..... .~. KAlHLEENA. SASS .~;:.~~ ~~=':~ ~OF F\.dl"" BcndBd 1ImIillllgdtilJ... 5af7 llECEMBER2t.2ll10 r" ~) n r " ('-) DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 CclIIla.A_ Sunny Islee Beach, FL 33160 TIll~lHlnI: (305) 947.oBOli FtIlc: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by pladng . "XrJ after "Yes" or '"No". If you answer "Yest', please explain in the space provided, or on a separate sheet attllched to this form. 19.1. Has your flrm or any of Its officers, received a reprimand of any nature or been suspended by the Department d Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? x YES NO 19.2. Has your tlrm, or any member of your firm, been declared In default, terminated or rernoved from a contraet or job reJated to the services your firm provides In tile regular course of business within the last five (5) ~~ . x YES NO 19.3. Has your firm had against It or filed any requests for equitable adjustment, contract dalms, Bid protests, or litigation In the past five (5) years that Is relal:ed to the services your firm provideS b1 the regular course of busIness? .. - .'X .... . YES NO If yes, state the nature of the request for equitable adjustment, contract. -. claim, IltIgatloo, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts ofaxt:ended contract time Involved. Bid protests filed City of Lauderhill, City of Hollywood, City of I ~ea;ftw/~p~1I statements made are true and agree and understand that any misstatement or misrepresentation of falslflcation of facts shall be cause for forfeiture of rights for further consideration of thls Bid for the City of SUnny JsIes Beach. ..__ ..._.. .. ..... Sou_them Waste SY'3t-Aml'l T.T.C: 1/31/2011 ! .~--~~--~~-=~~~~~:::~::~~:~~:.~~:~~-~...~ I i I i ) \ . ,\ " DEC:EMdR 28, 2010 eDf7 5lB () .'-, \....J ANTI-KICKBACK City of Sunny Isles Beach 18lJ7U coall\1l A_' 8UMY Illn Beach, FL 33160 "'.lphcna: (305) 947.01lOll Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT By: ~~d~ Member / Manaqer ~ TItle: 31st The foregoing instrument was acknowledged before me this day of -January"-'-'-'-"-'''-'-'.'20.11, by._Charles.G.U1:!tn~o. .. ...... .ro.9m~.... of person], as Member I Manager (type of authority], for soutbern Waste Systems LLC [name of party on behalf of whom instrument was executed]. AFFIX NaTARYSfAMP HERE: . c::t( ~ 0- ~~ . ~~~. . KAlHLEEN~~3 Notary Public - State of Florida _ ._.. ,_: _~~20.1L__.,....~. . __'~~~ . .~~_._...~. ____ .. ..._ _'nn _ .___ __ __H'_ . .... ._. .------".,. -. . .. .- Print orType Commlssioned-Name--...:-...:--.----.::......----~:.. . -. ----- xxx personally 1C110wn OR Produced Identification Type of Identification Produced 70fT DlCEMlllill28. 2010 ""[ h ~..M I '. Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-31 I3 Fax MEMORANlllLM TO: The Honorable Mayor and City Commission FROM: Giovanni Batista, Public Works Director DATE: 2/23/2011 RE: Awarding ITB 11-01-01 for waste collection and disposal services. RECOMMENDATION: Staff recommends approval of a resolution awarding a contract to Southern Waste Systems. REASONS: The City requires collection and disposal services for waste and recyc1ables at Government Center, Pelican Coummunity Park, and other locations throughout the City. As a result of the necessary services, staff issued ITB 11-01-01 on January 5, 20 II for the collection and disposal of waste and recyclables at City serviced facilities. A total of four (4) vendors submitted bids and the lowest responsive bidder was found to be Southern Waste Systems. The purchasing tally sheet for the vendors soliciting under ITB 11-01-01 is as follows: Waste Management: Southern Waste Systems: Waste Pro: Choice Environmental: $34,352.16 $18,635.10 $22,181.86 $19,372.80 The potential City cost based on the current fee structure for waste collection could total upwards of$50,773.43. A TT ACHMENTS: . Resolution Agenda Item ,0E. ~-~:s- II Date http://sibagenda. si bfl.net/agenda/Preview. aspx?I temID=4 3 8&MeetingII IWYDCT A 1t4 N1nX4 NT rrn TLTL' A f!D1 Pi U NT U1 rr WF.T.IU U THE CITY OF SUNNY ISLES BEACH AND SOUTHERN WASTE SYSTEMS, LLC. CONTRACT NO. C1112 -028 This First Amendment to the Agreement between the City of Sunny Isles Beach and Southern Waste Systems, LLC., executed this J�! day of M , 2012 is made a part of the original Agreement between the parties dated February 23, 2011, T (the "Agreement "), incorporated herein by reference, between the City of Sunny Isles Beach ( "City ") and Southern Waste Systems, LLC ( "Contractor') a business corporation licensed in the State of Florida, whose Federal Identification # is (e - . The City and Contractor hereby agree as follows: 1. EXERCISE OF OPTION TO RENEW TERM: The City wishes to exercise its first option to renew the Agreement for one (1) year in accordance with Section 4 of the Agreement. 2. COST: The Contractor agrees to charge an amount not to exceed Eighteen Thousand Six Hundred Thirty -Five Dollars and Ten Cents ($18,635.10) during the one year renewal term of this First Amendment. 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated February 23, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: 1 Signatm Print Nam ATTEST: BY:< Jane A. Hines, CMC, City Clerk SOUTHERN WASTE SYSTEMS, LLC BY: Signa and Title CITY OF SUNNY ISLES BEACH BY: Q Alan J. ohen, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY I —`Hans Ottinot, City Attorn6 " Q C1112 -028 FIRST AMENDMENT TO SOUTHERN WASTE SYSTEMS, LLC AGREEMENT