Loading...
Resolution 2020-31227 RESOLUTION NO. 2020-31227 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING, IN SUBSTANTIAL FORM,AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT, DATED MAY 28, 2019, BETWEEN THE CITY AND SFM SERVICES, INC (SFM) FOR JANITORIAL SERVICES CITYWIDE; SAID AMENDMENT EXPANDING THE SCOPE OF THE AGREEMENT BY: (1) RETROACTIVELY APPROVING A CITY MANAGER, APPROVAL FOR ADDITIONAL SERVICES, DATED MAY 10, 2019, IN THE AMOUNT OF $68,688; (2) RETROACTIVELY APPROVING, EFFECTIVE JANUARY 5, 2020, THE TRANSFER OF JANITORIAL SERVICES FOR THE CITY GARAGES (ZONE 4) AND CITY PARKS (ZONE 6) FROM ABLE BUSINESS SERVICES, INC. (ORIGINAL PRIMARY CONTRACTOR FOR ZONES 4 AND 6)TO SFM, IN THE AMOUNT OF $1,410,309.28 PER YEAR; (3) APPROVING ADDITIONAL SITES AND SERVICES, IN THE AMOUNT OF $117,900.00 PER YEAR, CUMULATIVELY INCREASING THE CONTRACT AMOUNT TO A TOTAL OF $2,649,186.03 PER YEAR, SUBJECT TO ANY ADDITIONS OR DELETIONS APPROVED BY THE CITY MANAGER OR HIS DESIGNEE AS AUTHORIZED HEREIN; AND (4) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO REDUCE THE SERVICE LEVELS COVERED BY THE AGREEMENT; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City-wide (the RFP); and WHEREAS, on October 17, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30535, accepting the recommendation of the City Manager, pursuant to RFP No. 2017- 070-JC, to enter into simultaneous negotiations with Able Business Services, Inc., and SFM Services, Inc.; and further authorizing the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019 the City Mayor and City Clerk executed a Professional Services Agreement with Able Business Services, Inc. (Able) to serve as the primary contractor for City garages (Zone 4) and City parks (Zone 6) and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019 the City Mayor and City Clerk executed a Professional Services Agreement (Agreement) with SFM Services, Inc. (SFM) to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for city garages (Zone 4) and city parks (Zone 6); and WHEREAS, on September 30, 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on October 1, 2019, SFM Services Inc., absorbed Zones 4 and 6, as secondary contractor; and WHEREAS, on January 5, 2020, the janitorial services for the City garages (Zone 4) and City parks (Zone 6) were transferred from Able Business Services, Inc. to SFM Services Inc. as the primary contractor; and WHEREAS, pursuant to Section 49 (ADDITIONAL SERVICES) of the RFP (Attachment B to the SFM Agreement), some locations were incorporated by the execution of a City Manager Approval, dated May 9, 2019; and WHEREAS, in order to improve and maintain acceptable levels of cleanliness in the City, additional City facilities have been identified, to be added to the scope of the SFM Agreement pursuant to Section 49, requiring an increase to janitorial personnel, service days and hours; and WHEREAS, the proposed Amendment No. 1 also authorizes the City Manager or his designee to temporarily or permanently delete existing sites and/or services at existing sites; and WHEREAS,the City Manager recommends the approval, in substantial form, of Amendment No. 1 to the Agreement, a copy of which is incorporated herein by reference and attached to this Resolution as Attachment"A", subject to being finalized by the City Administration and review by the City Attorney. NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, in substantial form, Amendment No. 1 to the Professional Services Agreement, dated May 28, 2019, between the City and SFM Services, Inc. (SFM) for Janitorial Services Citywide; said amendment: (1)retroactively approving a City Manager approval, dated May 10, 2019, in the amount of$68,688; (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6)from Able Business Services, Inc. (original primary contractor for Zones 4 and 6) to SFM, in the amount of$1,410,309.28 per year; (3) approving additional sites and services, in the amount of$117,900.00 per year, cumulatively increasing the contract amount to $2,649,186.03 per year, subject to any additions or deletions approved by the City Manager or his designee as authorized herein; and (4) authorizing the City Manager or his designee to reduce the service levels covered by the Agreement; and further authorize the Mayor and City Clerk to execute the final amendment. PASSED AND ADOPTED this 22nd day of April, 2020. ATTEST: Dan Gelber, Mayor 1,J / Raf 'el E. Granath, Cit Clerk APPROVED AS TO FOR &z L.t NGUAGE =\P 1 FtR.. ........ XE USIJM18 �lJ Y.a3..ti'; I • r 4 - INCORP(ORMED: 46 . City Attorney • Date ,, y 2 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. This Amendment No. 1 (Amendment) to the Professional Services Agreement, dated May 28, 2019, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal _ corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and SFM SERVICES INC., a Florida for Profit Corporation, whose address is 9700 NW 79th Avenue, Hialeah Gardens, FL 33016 (the "Contractor"), is entered into this day of April, 2020. RECITALS WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for_Janitorial Services, City- wide (the RFP); and WHEREAS, on October 17, 2018, the. Mayor and the City Commission adopted Resolution No.2018-30535, accepting the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC for Janitorial Services, to enter into simultaneous-negotiations with Able Business Services, Inc., and SFM Services,.Inc.; and further authorizing the City Manager to select a firm that will serve as the.primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on.May 16, 2019 the City Mayor and City Clerk executed a Professional Services Agreement with Able'Business Services, Inc._.(Able) to serve as the primary contractor for City garages(Zone 4)and City parks(Zone 6)and serving as the secondary contractor for Zones 2 and 3; and WHEREAS,on May 28,2019 the City Mayor and City Clerk executed a Professional Services Agreement with SFM Services, Inc. (SFM)to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4)and City parks (Zone 6); and WHEREAS, on September 30, 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on October 1, 2019, SFM Services Inc. absorbed Zones 4 and 6, as secondary contractor; and WHEREAS, on January 5, 2020,the janitorial services for the City garages (Zone 4) and City parks (Zone 6) were transferred from Able Business Services, Inc. to SFM Services Inc. as the primary contractor; and WHEREAS, in order to improve and maintain acceptable levels of cleanliness in the City, additional City facilities have been identified, to be added to the scope of the Agreement pursuant to Section 49, requiring an increase to janitorial personnel, service days and hours; and ATTACHMENT "A" Page 1 of 5 WHEREAS, pursuant to Section 49 ADDITIONAL SERVICES, additional locations which were not part of the scope of the RFP were approved pursuant to a City Manager Approval dated May 9, 2019, in the amount of$68,688.00; and WHEREAS, on April 22, 2020 the Mayor and City Commission adopted Resolution No. approving, in substantial form, Amendment No. 1 to the Agreement; said amendment expanding the scope of the Agreement by: (1) retroactively approving a City Manager approval for additional services, dated May 10, 2019, in the amount of $68,688; (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. (original primary contractor for Zones 4 and 6)to Contractor, increasing the contract amount to $2,531,286.03 per year per year; (3) approving additional sites and services, in the amount of $117,900.00 per year, for.a total contract amount of $2,649,186.03 per year; and (4) clarifying that the City Manager may amend the Agreement, including the reduction of sites or services (including the number of personnel or hours of service) covered by the Agreement. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items etruck through and inserted items underlined) as follows: (a) The City Manager Approval is hereby,retroactively approved as of the date of their execution;to wit: May 9, 2019, and incorporated herein by reference, as if more fully,set forth herein, and attached hereto as Exhibit"1". (b).Exhibit"B"(Pricing Schedule)to the Agreement is hereby deleted in its entirety and replaced with the attached Exhibit"B" as of January 5, 2020. (c) Exhibit "C" (Location Staffing Hours) is hereby deleted in its entirety and replaced with the attached, effective (d) Section 49 "ADDITIONAL SERVICES" of Section 0200 "INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS", of the RFP (Attachment B to the Agreement) is hereby deleted in its entirety and replaced, as follows: 49. ADDITIONAL SERVICES • ADDITION OF SITES AND/OR SERVICES BY THE CITY: The City Manager may request additional goods, services or facilities ("items") ("Additional Services"). Any proposals for Additional Services must be approved by the City Manager, in writing, prior to being implemented, and memorialized by an amendment to the Agreement, executed by the City Manager and Consultant. The total amount of the Additional Page 2 of 5 Services may not exceed $100,000, or such greater amount as may be approved by the.City Commission for each contract year. • DELETION OF SITES AND/OR REDUCTION OF SERVICES BY THE CITY: The City Manager reserves the right to temporarily or permanently delete existing sites and/or services (including number of personnel or hours of service) at existing sites (collectively, "Reduction of Services"). The payment adjustment in connection with a Reduction of Services shall be calculated based on the per service rate set forth in the Cost Proposal, or the proration of said rate, as applicable. The City's Project Manager shall initiate any requests for a Reduction of Services, in writing, to the Contractor no later than 10 days before effectiveness, with a copy to the Procurement Director. The Reduction of Services shall be memorialized in writing, pursuant to an e-mail sent to Contractor. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this_Amendmentand the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 3 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: - Rafael E. Granado, City Clerk Dan Gelber, Mayor Date FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: By: Secretary President Print Name - Print Name Date Date Page 4 of 5 Exhibit "1" CITY MANAGER APPROVALS Page 5 of 5 Resolutions-C7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 22, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT, DATED MAY 28, 2019, BETWEEN THE CITY AND SFM SERVICES, INC (SFM) FOR JANITORIAL SERVICES CITYWIDE; SAID AMENDMENT EXPANDING THE SCOPE OF THE AGREEMENT BY: (1) RETROACTIVELY APPROVING A CITY MANAGER, APPROVAL FOR ADDITIONAL SERVICES, DATED MAY 10, 2019, IN THE AMOUNT OF $68,688; (2) RETROACTIVELY APPROVING, EFFECTIVE JANUARY 5, 2020, THE TRANSFER OF JANITORIAL SERVICES FOR THE CITY GARAGES (ZONE 4)AND CITY PARKS (ZONE 6) FROM ABLE BUSINESS SERVICES, INC. (ORIGINAL PRIMARY CONTRACTOR FOR ZONES 4 AND 6) TO SFM, IN THE AMOUNT OF $1,410,309.28 PER YEAR; (3) APPROVING ADDITIONAL SITES AND SERVICES, IN THE AMOUNT OF $117,900.00 PER YEAR, CUMULATIVELY INCREASING THE CONTRACT AMOUNT TO A TOTAL OF $2,649,186.03 PER YEAR, SUBJECT TO ANY ADDITIONS OR DELETIONS APPROVED BY THE CITY MANAGER OR HIS DESIGNEE AS AUTHORIZED HEREIN; AND (4)AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO REDUCE THE SERVICE LEVELS COVERED BY THE AGREEMENT; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. • RECOMMENDATION The Administration recommends adopting the Resolution BACKGROUND/HISTORY On October 17,2018,the City adopted Resolution No.2018-30535 accepting the Administration's recommendation pursuant to Request for Proposal(RFP)No.2017-070-JC,to simultaneously negotiate with Able Business Services . Inc. and with SFM Services, Inc. the first and second ranked proposers respectively, for janitorial services. Said resolution further authorized the City Manager to select a primary contractor and a secondary contractor, based on the determination of the final negotiated proposals that offered the City the best combination of pricing and service. Consequently, on May 16,2019,the City Mayor and Clerk executed a Professional Services Agreement with Able Page 174 of 435 Business Services Inc. (Able) as the primary contractor for City garages (Zone 4) and City Parks (Zone 6) and serving as the secondary for Zones 2 and Zone 3.Furthermore,on May 28,2019,the City Mayor and Clerk executed a Professional Services Agreement with SFM Services,Inc.(SFM)as the primary contractor for Zone 2 and Zone 3 and serving as the secondary contractor for Zone 4 and Zone 6(the Agreement). The assignment of a secondary contractor to the agreements assured that a contractor would be readily available in the event that either contractor was to default. On September 30, 2019, as a result of failing to remedy several performance deficiencies, including services,terms and meeting the City's standards of cleanliness,the agreement with Able Services Inc., primary contractor for Zones 4 and 6, was terminated. Accordingly, on October 1, 2019, SFM Services absorbed Zones 4 and 6, where they were awarded as secondary contractors, thus requiring assuming janitorial services for all zones. ANALYSIS Pursuant to Section 4.1 of the Agreement, the Contractor is to be compensated in accordance to the rates referenced in Exhibit B, "BAFO Price Form/Pricing Schedule". This schedule provides for an award by individual zones and based on the foregoing,the total contract sum for all zones would be$2,780,794.44. However, SFM has proposed that with the transfer of Zones 4 and 6, effective January 5, 2020, a modification to the pricing for a total amount of$2,433,142.88 for ail zones.An amendment to the Agreement is necessary in order to expand the scope to include the transfer of said zones and to memorialize the cost modification proposed by SFM. The proposed reduction would result in a$250,247.42 cost savings to the City and is more particularly described in Exhibit B to the proposed Amendment No. 1,attached hereto. In order to improve and maintain sanitary conditions in the City,additional facilities which were not defined in RFP No. 2017-070-JC needed to be incorporated thus requiring an increase to janitorial personnel, service days and hours. Pursuant to Section 49, (ADDITIONAL SERVICES) of the RFP (Attachment B to the SFM Agreement), some locations were incorporated by the execution of a City Manager Approval,dated May 9,2019 in the amount of $68,688. Moreover, on January 1, 2020 additional locations, including those which were formerly vacant and now became occupied as City offices,were identified for services thereby also requiring to be included in the scope of the Agreement.The total sum of all additional sites is$117,900 and is more particularly described in Exhibit B to the proposed Amendment No.1,attached hereto. FINANCIAL INFORMATION CONCLUSION The Administration recommends approving, in substantial form, Amendment No. 1 to the Agreement; said amendment expanding the scope of the Agreement by. (1) retroactively approving a City Manager approval for additional services,dated May 10,2019,in the amount of$68,688; (2)retroactively approving,effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4)and City parks (Zone 6)from Able Business Services, Inc. (original primary contractor for Zones 4 and 6) to Contractor, increasing the contract amount to $2,531,286.03 per year per year,(3)approving additional sites and services,in the amount of$117,900.00 per year, for a total contract amount of $2,649,186.03 per year; and (4) clarifying that the City Manager may amend the Agreement, including the reduction of sites or services (including the number of personnel or hours of service) covered by the Agreement Page 175 of 435 Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Property Management ATTACHMENTS: Description o Reso and Amendment Page 176 of 435