Professional Building Serv. X22
M:IAMIBEACH
ADDENDUM NO. 1
TO CERTIFICATION OF CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
PROFESSIONAL BUILDING SERVICES, INC.
ITB No.- 13 -10 /11 FOR JANITORIAL SERVICES CITYWIDE
L As per Contractor's representation, acknowledgement, and agreement at the July 13,
2011 City Commission Meeting, and as an additional consideration to the City .for award
and execution of the subject Contract by the City, Contractor hereby agrees to comply with
the following terms throughout the duration of the Contract.
As-further 'inducement for the City to enter into this Agreement, Contractor commits to offer
employment to employees of the preceding City vendors' (i.e. Vista, Diamond and
Omarcio); which offer shall include the following terms:
1. All Vista, Diamond and Omarcio employees choosing to "migrate" shall be
offered employment by Contractor. Contractor shall offer employees employed
pursuant to the preceding City vendors' (i.e. Vista Diamond and Omarcio
contracts with the City, whose employment may be terminated as a result of
award of this Contract, a right of first refusal of employment under this Contract;
assuming such employees meet the qualifications to perform the required work
and /or services pursuant to the Contract Documents and, additionally,
successfully pass the required background checks (which shall include, without
limitation, drug testing and criminal background checks).
2. Any employee hired by the Contractor who was employed under the preceding
City vendors' contracts shall be retained for the duration of the Contract, unless
. Contractor can reasonably demonstrate to. the City that such employee was
dismissed for cause in accordance with Contractor's employment. policies and
procedures. Within ten (10) days of the termination of- any employee who was
hired from the preceding City vendors' contracts, Contractor must furnish the
Procurement Director, with a written explanation stating the basis for said
termination. Notwithstanding the preceding, any and all employees including,
without limitation, employees of Vista, Diamond and ' Omarcio seeking
employment must comply with Contractor's hiring policies and procedures .as a
condition of employment.
3. Within ten (10) days of the Effective Date of this Contract, Contractor shall
furnish the' Procurement Director a certified list of the names and contact
information of all employees transitioned from the - preceding City vendors'
contracts. Said list shall contain the date of commencement of employment of
each such employee.
4. Commencing on December 1, 2011, and thereafter on a quarterly (i.e. every 3
months) basis for the duration of the Contract, Contractor shall provide certified
payroll records to the Procurement Director.
5. FAILURE TO ADHERE TO THE ABOVE REQUIREMENTS, MAY RESULT IN
THE CITY'S 'EXERCISING ITS RIGHT TO TERMINATE THE CONTRACT
UPON 30 -DAY'S WRITTEN. NOTICE TO CONTRACTOR.
1 -
II. Pursuant to Section 3.2 (B) of the ITB, entitled "Qualifications of Other Contractor
Personnel ", the requirement for all employees to be fully conversant in English is hereby
deleted as follows:
The personnel employed by the Contractor shall be capable employees, trained
and qualified in custodial type work. All employees must be fUlly GGRYersaRt in
Cn
Notwithstanding the preceding, the on -site supervisor is required to be fully conversant in
English, pursuant to .Section 3.2 (A) of the ITB.
IN WITNESS WHEREOF the . City and Contractor have caused this . Addendum No. 1
Certification. of Contract to be signed and attested on this 3 rd day of ti , 2011, by
their respective duly authorized representatives.
C ACTO CITY OF MIA I B C
esid t/ Signature Edward L. Tobin
Vice -Mayor
Print Name Date
Date
ATTEST: ATTEST:
Secretary/ Signature City Clerk
-2e)
Print Name Date
F: \PURC \$ALL \MARTA \Bids \10 -11 \Janitorial Services \Contracts \Professional Addendum No 1.doc
APPROVED AS Tp
FORM & LANGUAG
FOR EXECUT"
Attorn Date
2
MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Janitorial Services Citywide
CONTRACT NO.: 13 -10/11
EFFECTIVE DATE(S): This Contract shall remain in effect three (3) years from date of
Contract execution by the Mayor and City Clerk, and may be renewed
by mutual agreement of the parties for three (3) additional one (1)
year terms.
SUPERSEDES: RFP No. 04 -07/08
CONTRACTOR(S): Professional Building Servicing, Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: $248,905.08
A.. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission, of the
City of Miami Beach, Florida, on July 13, 2011, for approval to award a contract, upon
execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT - This Contract is entered into to provide janitorial services Citywide, pursuant
to City Invitation to Bid No. 13 -10/11 and any addenda thereto(the ITB), and Contractor's
bid in response thereto (this Contract, the 1TB, and Contractor's bid in response thereto
may hereinafter collectively be referred to as the "Contract Documents")
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,.
at the prices indicated, exclusive of all Federal, State and local taxes. All blanket
purchase orders shall show the City of Miami Beach Contract Number 13- 10/11.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to Duane Knecht, City of Miami Beach, Property
Management Division Director at 305 - 673 -7000 ext. 2914.
E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and /or commencement of any services /work by Contractor.
F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
any portion of work and /or services required by the Contract Documents without the prior
written consent of the City.
1
Certification of Contract
Contractor warrants and represents that all persons providing /performing any supplies,
work, and /or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide /perform same, or services to City's satisfaction, for the agreed
compensation.
i -
Contractor shall provide /perform the supplies, work, and /or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list -following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of. a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
Contract. Supplies, work, and /or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and /or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends. to directly or
substantially benefit a third party by this Contract and /or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either. of them based
upon this Contract and /or the Contract Documents.
The parties expressly acknowledge that it is not.. their intent to create any rights or
obligations in any third person or entity under. this Contract and /or the Contract
Documents.
2
Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand - delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City
Gus Lopez, Procurement Director
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Duane Knecht, Property Management Director
City of Miami Beach
Property Management Department
1245 Michigan Avenue
Miami Beach, Florida 33139
For Contractor
Professional Building Services, Inc.
7027 W. Broward Blvd., #303
Plantation, Florida 33317
Attn: Craig Saxner
Phone: 954 - 473 -0025
Fax: 305- 675 -4668
E -mail: craig (o�professionalbuildingservices .info
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and /or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon .this provision shall be made within seven
(7) days after the finding by the court becomes final.
3
Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and /or the Contract Documents shall
be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either
party with-respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and /or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail. .
4
Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this 3rd day of 4 2011, by their respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEACH
B ,By
- -- - -
siden Signature Edward L. Tobin
Vice -Mayor
Print Name Date
Date
ATTEST: ATTEST:
Secretary/ Signature City Clerk
Print Name Date
r I�
Date
FAPURC \$ ALL \MARTA \Bids \10 -11 \Janitorial Services \ContractsUB- 13 -10 -11 Professional Building Service.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
tome to
5
� R
COMMISSION ITEM SUMMARY '
Condensed Title:
Request For Approval To Award Contracts To ISS Facility Services, Inc., Omarcio Cleaning Services, Inc.,
Performance Cleaning Group., And Professional Building Services; Reject Bids Received For The Following
Locations: City Hall Parking Garage And Offices Located At City Hall Parking Garage; Pursuant To Invitation
To Bid No. 13- 10/11, For Janitorial Services Citywide, In The Annual Amount Of $1,311,099.60; And
Authorize The Administration To Evaluate The Current Services Levels To Further Reduce The Total Cost.
Key Intended Outcome Supported:
Ensure well maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that
87.2% of residents, and 85% of businesses rated, the appearance and maintenance of the City's public
-buildings as excellent or good. -
Issue:
Shall the City Commission approve the award of Contracts?
Item Summa /Recommendation:
Invitation to Bid (ITB) No. 13- 09/10, was issued on January 27, 2011, and 27 bids were received on March 11,
2011. The purpose of the ITB is to establish contracts by means of competitive sealed bids to qualified
providers of janitorial services. These contracts shall remain in effect until September 30, 2013, and may be
renewed by mutual agreement for three (3) additional years, on a year -to -year basis.
A Technical Review Panel (the "Panel ") convened on March 31, 2011 to be briefed on the evaluation process, .
and to receive all responsive bids. The Panel reconvened on April 13 and 20, 2011 to discuss their rankings of
the companies per location. -After all scorings were tabulated, the panel recommended award to four (4)
companies: ISS Facility Services, Inc., Omarcio Cleaning Services, Inc., Performance Cleaning Group,
and Professional Building Services.
The contract price to provide janitorial. services resulting from ITB '13 -10/11 is fixed and firm through
September 30, 2013, which means savings of approximately $58,572 through September 30, 2011. After
October 1, 2011, the annual savings realized are approximately $281,228 for Fiscal Year 2012 and $282,356.
for. Fiscal Year '2013, for a total of $622,156 through September 30, 2013.
APPROVE THE AWARD OF CONTRACTS. -
Advisory Board Recommendation:
J ' N/A
'Financial Information:
Source of Amount Account
Funds: 1 $792,885.00 Property Management Account 520 - 1720- 000325
2 $342,342.60 Parking Department Account 480 -0463- 000325 (12
le, 97"', 42"a Street, City Hall and Penn A Garages
3 $82,800.00 Parking Department Account 142- 6976 - 000325 (r
Street Garage
-4 $77,520.00 Parking Department Account 463 - 1990 - 000325 (16
Street Garag
013131 ' 6 $3,184.00 Public Works Water Account 425- 0410 - 000325
6 $3,184.00 Public Works Sewer Account 425- 0420 - 000325
7 $3,184.00 Public Works Stormwater 427 - 0427- 000325
8 $6,000.00 Fire Department Account 011 -1210- 000325
. Total $1,311,099.60 -
Financial Impact Summary: >
City Clerk's Office Legislative Tracking:
Gus Lopez .Ext. 6641
Sign-Offs
De 'art�nent Director Assistant City,
Manager city, Mana er
GL FB SF DB PDW JMG
TAGENDAl201116- 01- 1111T13 13 -10-11 Janitorial Services SUMMARY.doc
MIAMIDEACH �►GENCAA ITEM
'' 401 DATE
/
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www:miamibeachfl.9ov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez C Ma
R 9 � tY 9
DATE: July 13, 2011
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO ISS FACILITY
SERVICES, INC., OMARCIO 'CLEANING SERVICES, INC., PERFORMANCE
CLEANING GROUP, AND PROFESSIONAL BUILDING SERVICES; REJECT
BIDS RECEIVED FOR THE FOLLOWING LOCATIONS: CITY HALL PARKING
GARAGE AND OFFICES LOCATED AT CITY HALL PARKING GARAGE;
PURSUANT TO INVITATION TO -BID NO. 13- 10111, FOR JANITORIAL
SERVICES CITYWIDE, IN THE ANNUAL AMOUNT OF $1,311,099.60; AND
AUTHORIZE THE ADMINISTRATION TO EVALUATE THE CURRENT SERVICE
LEVELS TO FURTHER REDUCE THE TOTAL COST.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME
Ensure well- maintained facilities.
FUNDING
Funding will be provided from the following Accounts: y
$792,885 Property Management Account 520- 1720 - 000325
$342,342.60 Parking Department Account 480 - 0463 - 000325
(12 13 17'', 42n Street, .City Hall and Pennsylvania Av. Garages)
$82,800 Parking Department Account 142- 6976- 000325 (7 Garage)
$77,520 Parking Department Account 463- 1990- 000325 (16 Street Garage)
$3,184 Public Works Water Account 425 - 0410- 000325
$3,184 Public Works Sewer Account 425 - 0420 - 000325.
$3,184 Public Works Stormwater 427- 0427 - 000325
$6,000. Fire Department Account 011 - 1210 - 000325
.$1 Total
' ANALYSIS
The purpose of Invitation to Bid (ITB) 13- 10/11 is to establish contracts by means of ,
competitive sealed bids to qualified providers of janitorial services. These contracts shall
remain in effect until September 30, 2013, and may be renewed by mutual agreementfor
three (3) additional years, on a year to year basis. The ITB is subject to the requirements
of the Living Wage and Equal Benefits Ordinances.
402
Commission Memorandum - ITB 13 -09110 Janitorial Services
July 13, 2011
-Page 2
The contracts. consist of providing janitorial services to City facilities and parking garages
which include administrative offices, recreational facilities, parking facilities and public
restrooms..The awarded companies shall provide all supervision, administrative and
technical, support, labor, subcontractors, materials, supplies and equipment (except as
otherwise provided), and shall plan,.schedule, coordinate and assure effective completion
of all services.
The awarded companies shall also be responsible for all toilet paper, paper towels, hand
soaps and other consumables required to maintain restrooms and shower facilities located
City -wide. As part of the City's "GREEN. BUILDING" REQUIREMENTS, it is the intent of the
City to make our buildings environmentally friendly through waste prevention, and the use
of environmentally friendly /preferable products.
The ITB was issued with language which required that all chemicals used be those
commercially available which meet Federal, State, and local codes; that meets the
Environmental Protection Agency's criteria for Low or no Volatile. Organic Chemicals
(VOC's). Companies shall use as many waste prevention and environmentally preferable
products as possible, as well as the use of products made with a minimum of recycled post
consumer materials as set forth in the EPA Comprehensive Procurement Guideline (CPG)
while at the same time taking into consideration,. waste prevention methods. (i.e. - roll
towels ratherthan individually folded towels and multi -rolls of toilet tissue ratherthan single
rolls.)
As part of the evaluation proceedings, the responsive bidders were allocated points for their
responses to the City's required environmental program and corporate responsibility plan.
The ITB provides for a mechanism to monitor and ensure that the City's green guidelines
and corporate responsibility plans proposed are adhered to.
Although this ITB identifies specific facilities to be serviced, any facility may be. added or
deleted to from this contract at the option of the City. When an addition to the contract is
required, awarded companies shall be invited to submit price quotes for these new facilities.
If these quotes are comparable with prices offered for similar services, the awards) shall
be made to the lowest and best responsible bidder(s)meeting the specifications, or.scope
of services.
' BID PROCESS
Invitation to Bid (ITB) No. 13- 09/10, was issued on January 27, 2011 with a bid opening
date of February 25, 2011. A.Pre -Bid Conference was held on February 11, 2011, and site
visitsMere conducted on February 24 and 25, 2011..Five (5) Addendums were issued to
provide additional information and to respond to,all questions submitted by the prospective
bidders, thus extending the bid opening due date to March 11, 2011.
Bidsync and Bidnet issued bid notices to 81 and 45 prospective bidders respectively. The
notices resulted in -the receipt of 27 bids from the following companies:
ABP Maintenance High Maintenance Services (HMS)
AJ &AJ Cleaning Solutions ■ Honor Cleaning
Best Janitorial & Supplies ■ ISS .Facility Services
■ Boro Building & Property Maint. ■ Magic Brite Janitorial
■ Carolina Cleaning ■ -N&K Enterprises
■ Chi -Ada Corporation ■ OJS Systems
Cleaning Systems Inc. 0 Omarcio Cleaning Services
■ Come Land Maintenance Co. ■ Performance Cleaning Group
403
i
f
Commission Memorandum - ITB 13 -09110 Janitorial Services
July 13, 2011 -
Page 3
■ D &A Building Powermind Global Service
■ Diamond Contract Services ■ Professional Building Services
■ Dream Clean Inc. m Stockton Maintenance Group
■ Federal Janitorial ■ Triangle Services
■ FMC Services ' ■ Vista Building Maintenance
■ Frank Medina & Associates
The test of responsiveness performed by the Procurement Department resulted in the
following companies being deemed non - responsive for failing to comply with the
requirements of the ITB: AJ &AJ Cleaning Solutions did not meet the three minimum year
requirement, and FMC Services and Stockton Maintenance Group acknowledged they had
not accounted for Living Wage increases through September 30, 2013. .
A Technical Review Panel (the "Panel') convened on March 31 2011 to be briefed on the
evaluation process, and to receive all responsive bids. The Panel consisted of the following
individuals:
Ellen Vargas, Parks and Recreation, Facilities Manager
■ Andrew Plotkin, Parks and Recreation, Facilities • Manager
Gus Andino•, -Property Management, Contracts Coordinator
■ Miguel Beingolea, Parking Department, Operations Manager
The Panel was provided with the Evaluation Criteria, and method of award to be utilized to
rank the vendors. The Panel was asked to score and rank the bids in accordance with the
following evaluative criteria:
1. Price (50 points)
2. Qualifications of Bidder (15 Points)
3. Experience and Past Performance (15 Points)._
4. Contract Compliance (S.Points)
5. Corporate 'Responsibility Plan (15 Points)
During,. the Panel's meeting, it was discussed that the ranking of companies per facility
would result in potential savings of over $200,000 per year. Therefore, the Panel was
requested to score and rank companies per facility. Companies whose bid amount
exceeded the current amount budgeted for a particular location were not to be short fisted
for award consideration. See Bid Tabulation, Attachment A.
There were two locations in the bid,. the Offices located at the City Hall Parking Garage, and
the City HaII.Parking Garage, that when the results were tabulated showed current cost was
below bid amount. For those locations, the Administration recommends rejecting the bids
received for those two locations, and renewing the existing contract at the lower cost.
The Panel reconvened on April 13 and 20, 2011 to discuss their rankings of the companies
per location. Panel members ranked all companies whose bid amount fell within the current
budgeted cost of providing the services. After all scorings were tabulated, the results
showed award to seven co_ mpanies; two of those, HMS and N &K ranked first on one
location each, Normandy Isle Park and Pool Facility and Ocean Front Auditorium
respectively. Both companies declined the offer to provide services for that one location
unless they were awarded others, mainly due to the small level of service required, twice a
day cleaning for Normandy Pool and twice a week (2hrs per day) for Ocean Front
Auditorium. A third company, D&A, withdrew its bid from consideration due to errors in their .
calculations. Award of these locations was subsequently moved to the second ranked
companies.
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Commission Memorandum - ITB 13 -09110 Janitorial Services
July 13, 2011
Page 4
Upon further review of the Panel rankings, the following locations showed that the top
ranked company being recommended offered a higher price than another company being
recommended by the Panel for other locations. The locations are: North Beach Police
Substation, Normandy Isle Park and Pool Facility,. Flamingo Park and Pool, and Flamingo
Park Tennis Court Restrooms.
The Panel met again on May 10, 2011 for a final review of their rankings and
recommendation for all locations. The Panel agreed that on those locations where one of
the. companies being recommended for award provided a lower cost than the top ranked
company for that particular location, it would make sense to change the recommendation to
the lower. bidder (which is being recommended for award on other locations) based on
savings. The only location where the panel agreed that the top ranked company should
remain was Normandy Park and Pool due to the fact that it was the same company
currently providing the services, Omarcio Cleaning, and would therefore ensure continuity
of service and guarantee end user will receive same level of service, while, at the same
time, providing savings from current amount being paid in the amount of $147.761month.
The Panel also discussed the possibility of recommending the second ranked companyfor
one other location, North Shore Recreation and Tennis Center, where the second ranked `
company, Performance Cleaning Group, had been the top ranked for Scott Rakow Youth
Center, Police Athletic League and Recreation Center, and 21 st Street Recreation Center.
The Panel argued that Performance Cleaning seemed to have better experience and
qualifications than the top ranked company, Professional .Building Services, and while the
higher.price did not allow Performance to be top ranked, the Panel .believed they will better
serve the recreation center. Several of their customers include high traffic facilities, such as
the Port Authority cruise terminal and offices, Lakeland Area bus terminal, and other.
local governments, including City of Boynton Beach and City of Lake Mary. Professional
Building Services offered more experience in corporate /office environment buildings.
Recommending Performance will also ensure same level of service received by all
recreation centers, since these recreation centers serve same end user, and are heavily
utilized sites, they are expected to receive same standard of cleanliness. While the Panel
was asked to rank and score per location, in this instance they strongly, believed that
keeping the Recreation centers maintained by the same company would be to the benefit of
the City for the reasons stated above. This recommendation would mean no increase to the
current cost of maintaining the facility.
For all other locations where the recommended company was not the lowest, the Panel
justified their rankings by arguing that the difference in price did not make up for the higher
scores-in experience, qualifications, past performance and corporate responsibility plan of
the recommended companies. Failure to include - the intent to hire existing or local
residents, or a corporate responsibility plan that did not provide specific information were
- raised as a concern by the panel, and a basis for not recommending the low bidder. ,
At the conclusion of the ranking and scoring process, the Panel felt comfortable with the
companies being recommended for award. All four (4) companies had shown a solid
Corporate Responsibility Plan, including their willingness to hire residents and green
initiatives; their experience _and qualifications were more than satisfactory.
All companies were reminded of the Living Wage requirements applicable to this ITB, and
all four (4) certified that their bids had been submitted in compliance with the Living Wage
Ordinance. See attached Living Wage Certifications.
Attachment B shows Panel's recommendation for award and monthly and annual cost per
location.
405
Commission Memorandum - ITB 13 -09110 Janitorial Services
July 13, 2011
Page 5
The Administration has reviewed the bidder's qualifications, experience, capability, and
references of the recommended vendors. Below is an overview of each recommended
.company.
ISS Facility Services
ISS Facility Services (ISS) has been in business since 1975. ISS provides services to
commercial offices, government facilities, medical Jacilities, educational campuses,
warehouse and industrial properties, event venues and airports on a daily basis. Their list of
clients includes City of Jacksonville, Volusia County and Salt..Lake City International Airport.
ISS holds a membership with the United States Green Building Council. As part of their
corporate responsibility plan, ISS would consider a community.cleanup day as pact of ISS
"World of Community Service ". Other events can be discussed /negotiated upon award.
Omarcio Cleaninq Services
Omarcio Cleaning has provided janitorial services to the City of Miami Beach'since 2007.
Property Management Division and Parking Department are very satisfied with the level of
service provided by Omarcio. Their corporate responsibility plan includes a commitment to
contribute a minimum of $1,500 to Miami Beach Senior High per contract year..Omarcio will
make every reasonable effort to reach out to the multiple labor forces, i.e. UNIDAD, within
the City limits to employ residents.
Performance Cleaning Group
Performance Cleaning Group (PCG) is a privately owned company headquartered in
Tampa, with or offices throughout the State of Florida. The company has been in
operation ;for over 5-years, with clients that include Tampa Port Authority, City of .Boynton
Beach and,.Duval'and Orange Counties Health Deparments. PCG is certified by the Green
Clean Institute; its corporate responsibility plan included green cleaning initiatives, as well
as efforts to hire local City of Miami Beach residents to help with local unemployment.
Professionals Building - Services -
Professional Building Services (Professional) was established over 30 years ago. Their
customer base encompasses a wide range of clients, including South Florida Water
- Management, Plantation Executive Building and Zenith Property Management among
others. Their corporate responsibility plan included their willingness to hire local residents
and existing pool of employees, and volunteer work to contribute to the community.
All recommended companies will interview and consider hiring existing custodians.
See attached letter of non- displacement of qualified workers signed by the recommended
companies. f
COST COMPARISON
The current cost of providing janitorial services for the buildings and garages .specified by
the ITB is $1,545,387.82 through. September 30, 2011. This amount would have increased
at the beginning of Fiscal Years 2012 and 2013 according the Living Wage Ordinance in
'the amounts of $46,940 and $48,068 respectively. `
The contract price to provide janitorial'services resulting from ITB 13 -10/11 is fixed
and firm through September 30, 2013, which means savings of approximately
$58,572 through September 30, 2011. After October 1, 2011, the annual savings
realized are approximately $281,228 for Fiscal Year 2012 and $282,356 for Fiscal Year
201.3. The table below shows savings realized from an award pursuant to ITB 13-
'406
Commission Memorandum - ITS 13 -09/10 Janitorial Services
July 13, 2011
Page 6 -
Annual Cost Facilities and Garages until September
30, 2011 current contract $1,545,387.82
ITB 13- 10/11 Annual Cost Facilities and Garages l
until September 30, 2013 $1,311,099.60
Annual Savings from current contract $234,288.22
Fiscal Year 2011 Savings (3 Months thru September
30 2011 - $19,524 /month ) $58,572
Fiscal Year 2012 Savings $234,288 $46,940 $281,228
Fiscal Year 2013 Savings ($234,288 +$48,068 $282,356
'Savings through September 30, -2013 $622,156
The Administration opted to issue an ITB in lieu of renewing the current contracts,
which resulted in savings of approximately $622,156 through September 30, 2013.
During the bid .process, there were several questions submitted by prospective . bidders
regarding the requirement that this contract be subject to a union or collective bargaining
agreement. Bidders were informed of no such requirement by the City. Additionally, the City
requested from its current janitorial contractors information regarding the existence. of a .
collective bargaining agreement. As a response, the City was notified on February 11,
2011, that . Vista and its subcontractor had previously entered into "Card Check"
(recognition) agreements. with SEW Local 32131 A written collective bargaining agreement
was not yet available. Omarcio . Cleaning and ' Diamond advised they, did not have a
Collective Bargaining Agreement.
Vista's total cost is $1,638,239, which is approximately 25 %, or $327,139 /annually, higher
than the total dollar amount of the recommended companies for all 41 facilities.
CITY MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission the award of a
contract to ISS Facility Services, Inc., Omarcio Cleaning Services,, Inc., Performance
Cleaning Group, and Professional Building Services.
The Panel's recommendation for award. shows that of the 41 facilities, 19 are awarded to
the lowest bidder and two (2) are being renewed under the current contract. The 20
remaining facilities are awarded to other than the lowest bidder. The difference between the
lowest bidder and the recommended bidder (lowest and best), is de minimus. Overall, 5%
difference between low bidder and top ranked. The bid tabulations provide specific reasons
for each facility that the lowest bidder was not recommended.
It should be.noted that the City's regular process of considering the price for contracts and
its standard process for bidding contracts has resulted in a price that is reflective of the
current market. At present, it appears that the market is very competitive and that the City
may continue to receive bids that are lower than those received in the past year or so. The
public procurement process, which is an open and competitive, transparent process, has
again served the City to provide the lowest and best bidders for these services, as it has in
the past.
It must be noted that the recommendation for award does not represent any reductions to
the current service levels being provided. After award, the Administration will evaluate the
level of services being provided, and the feasibility of reducing them, in order to reduce the
annual contract amount. -
407
r
i
i
Commission Memorandum -1TB 13 -09110 Janitorial Services -
July 13, 2011
Page 7
DISCUSSION AT JUNE 1. 2011 CITY_ COMMISSION MEETING
At the June 1, 2011 City Commission meeting Mr. Eric Brakken, from SEIU spoke and
,indicated he had concern about the job security for the current janitorial employees and a
requirement that all employees must be fully conversant in English.
Mr. Gus Lopez, Procurement Director, responded that he believed- the requirement to be
fully conversant in English, related to janitorial supervisors and..although the contract also
made reference to the employees, he' indicated that that it was not the intent of the
agreement nor had it ever been enforced. Mayor Bower stated that she will like to be
g Y
notified via LTC if this was new language in this contract or if this language is in other City
contracts.
Commissioner Libbin requested that the Administration check other similar contracts to
determine if this language is in any other contract before we set a precedent of rejecting all
bids. Additionally, he requested to defer the item to the July 13, 2011 City Commission
meeting.
CONCLUSION:
Based on the aforementioned, the Administration, recommends that the Mayor and City
Commission award contracts to ISS Facility Services, Inc., Omarcio Cleaning Services,
Inc., Performance Cleaning,Group, and Professional Building Services; reject bids received
for the following location Hall Parking. Garage and Offices Located at City Hall
Parking Garage; Pursuant to Invitation to Bid No. 13- 10/11; for Janitorial Services Citywide,
in the annual amount of $1.,311,099.60,; and authorize the Administration to evaluate the
current services levels to further reduce the total cost.'
TAAGENDA\2011 \7- 13- 11\ITB 13 -10-11 Janitorial Services MEMO.doc
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. .. �v.,v;r arm:• ; . -, - a-sa,: •iw�.._+._,v._u.22M rnn !,.a.:: • it:., +a 3# rsmt: .krn-::!'.::.rr.:.: n.� ' -- .•tip -. ..s................�:+,
ATTACHMENT B - AWARDED COMPANIES Page 1 of 2 i
ITB 13 -10111 JANITORIAL SERVICES CITYWIDE
i
The distribution of facilities /garages per company is as follows:
Company Name # of Facilities Annual Cost
ISS Facility Services 3 $67,124.52
Omarcio Cleaning 16 $728,826.00
Performance Cleaning . `$266,244.00
Professional- Building 9 $248,905.08
Total amount 41 $1,311,099.60
Current Cost $1,545,387.82
Saving $234,288.22
* 19 of the 41 facilities were awarded to the lowest bidder.
* 2 of the 41 facifites were rejected because the current cost is lower than the lowest 'bid
amount. Current contract for these locations to be renewed.
* 20 of the 41 facilities were not awarded to the lowest bidder because the selection panel
scored them lower, on the selection criteria other than price, such as qualifications,
expericence, past performance, and corporate responsibility.
Item Facili Company Name Month Cost Annual Cost
1 City Hall Omarcio Cleaning $9,950.00 $119,400.00
Offices Located at the City Hall. Parking .
* 2 Garage Omarcio Cleaning $3,646.95 $43,763.40
3 777 Building (City Hall Annex Bld ISS Facility Services $3,120,20 $37,442.40
4 555 Build ISS Facility Services $1,488.42 $17,861.04
5 Scott Rakow Youth Center /ice Rink Performance Cleaning' $7,014.00 $84,168.00
6 Police S tation Professional Building $13,706:67 $164,480.04
7 fire Support Servi Omarcio Cleaning $500.00 $6
8 South Shore Community .Center Professional Building $2,765.75 $33
9 1 North Beach Police Substation Professional Building $465.00 $5;580.00
10 1 21st Street Recreation Center Performance Cleaning $1,790.00 $21,480.00
11 Ocean Front Auditorium Performance Cleaning $440.00 $5,280.00
12 North Shore BandShell Professional Building $13.881hr As needed
13 North Shore Recr & Tennis Center Performance Cleaning $6 $83,820.00
14 North Shore Open Space Offices Performance Cleaning $408.00 $4,896.00 �.-
15 Muss Park Performance Cleaning $398.00 '$4,776.00 f
16 Grespi Park Performance Cleaning $408.00 .$4,896.00
17 Tatum Park Performance Cleaning $408.00 $4,896.00
18 Still Water Park Performance Cleaning $408.00 $4,896.00
19 1 Fairway Park Performance Cleaning $398.00 $4,776.00
*Locations being rejected and renewed with'Omarcio under -RFP 4 -07108
4423
j
ATTACHMENT B - AWARDED. COMPANIES Page 2 of 2
ITB 13 -10111 JANITORIAL SERVICES CITYWIDE
Item ' Facility Com an Name Monthly Cost Annual Cost
20 Normandy Shores Park Omarcio Cleaning $500.00 $6,000.00
21 Normandy Shores Guardhouse Professional Building $262.67 $3,152.04.
22 Normandy Isle Park and Pool Facility Omarcio Cleaning $2,300.00 $27,600.00
23 Parks Maintenance Building Omarcio Cleaning $500.00 $6 1 000.00
Property Mgt Office and Maintenance
24 Facility Professional Building $1,056.67 $12,680.04
25 Beach Patrol Office Omarcio Cleaning $790.00 $9480.00
26 Police At hletic Le ague Rec Ctr. Performance Cleaning $1,592.00 $19,104.00
27 Flamingo Park Pool Professional Building $1,156.33, $13;863.96
28 Flamingo Park Tennis Courts Restr. Professional Building $905.00 $10,860.00
29 Flam Prk Bas elSoft/Football Restr Performance Cleaning $1,142.00 $13 ;704.00
30 Public Works Operations Building Performance, Cleaning. $796.00 $9,552.00
31 Parking Depart Operation Bldg Omarcio Cleaning $660.00 $7,920.00
32 Marine Patrol Office & Public Restr ISS Facility Services $985.09 .$11,821.08
33, South Pointe Park Professional Building $425.00 $5,100.00
Total Cost facilities $67,369.75 $808437.00
Item Gara e . Com an Name Monthly Cosh Annual -Cost
Omarcio Cleaning
1 7 Street Garage
.: $6,900.00 $82,800.00
Omarcio Cleaning -
2 12 `Street Garage $1,660.00 $'!9;920.00
3 13 Street Garage m Oarcio_Cleaning $1,660.00 $19,920.00
.
Omarcio Cleaning
4 16 Street Garage- $6,460.00 $77,520.00
Omarcio Cleanin g
5 17. Street Garage $8,100.00 $97,200.00
nd
6 427 Street Garage Omarcio Cleaning $2,540.00 -$30,480.00
* 7 City, -Hall Garage Omarcio Cleaning $6,368.55 $76
8 Penn Garage Omarcio Cleaning $8,200.00 $98,400.00
Total Cost- Garages. $41,888.35 $502,662.60
Total Cost Facilties and Garages 1 $109 $1,311,099.60
Locations being rejected and renewed with Omarcio under RFP 4 -07/08
424
05/02/21311 14:59 8138307569
JANTIZE TAMPA BAS` PAGE 03/16
t
'
LIVING WAGE _
CERTIFICATION
Purivant to Section 2- 406(e) of the Miami Beach City Code, entified Cefflticatlon
mg4lred before payment. °Any and all contracts for covered services' may be voidable,
andino funds may be released, unless prior to entering any agreement wo ft city for a
covs)red services oontraot, the service contrector cQrtffies to the alty that R will pay each
of its covered employees no less than the living wage described in section 2,4oa(a). A
cop of this certificate must be made available to the public • upon . request The
oeMo ate, at a minimum, must Include the following:
I. The name, address, and phone number of the oovared employer, a local oontact
person, and the speoific project for which the covered serviwe Gonimat Is sought"
i Project
S r �'� F,
W 60 Name of Contractor; m^ e-A m.
Contact perso
Addma. 4
Phone number.
2. The amount tlf the covered services contract, a descriptan of the project or
wrvioe provided and the City.department the contract will serve;
Amount of•contrarat:
I City Department(s):
Deschption of se ce or prcje
d,
A s tamen of th wage levels for all employees; f �
f `/
'� 1.
f
d /J
"Co� ed services° Gontracts•tinvolving the city's expe nditure •of z ver $10D,00D per year and which include
the 6Iiowing types of lemma: Food Preparation - and/or I]l8frihution; Security $ervicm" Routine � j
narim Services such as Custodial Cleans Refuse Removal R 'air, (Refinishing and Racycling: l
Ntacnt� Cleaning,. � �
Cieric* - or Other Non - Supervisory l mce Work (whether temporary or permanent); Transportation and
Parldrii Services; Printing and RsprodurAon Servic®s; L andsooping, Lmn, and/or Aghwitural services; and
Park ai(nd Public Property Maintehanc e.
2 -ser 0Ioe _contractor" is is any individual, corporation (whether for profit or not for prof , partnership, I lnirts,d ty
liabillt� company, joint venture, or other busirims entlty who Is-conducting business in Miami Beam, .and J /�
who ire either: (1) paid in whole or part from one or more of the City's general fund, capital praJect funds,
special revenue fuses, .or any other funds, whether by compa%ve bid process, informal bids; mequesbe for . l7
propcoals, same form of solicitation, negotiation, or agreement, or any. other decision to enter into a calm act;
or (2) �ngat ed In the bus'iness•of, or part of, .a contract to provide, or a subcontract to provide, services, for
the be�' efiL of the qty. However, this does not apply tD.wntmcbs rotated primari to the sale of, products or
good b r'
425 -
05/02/2011 14:55 8138307569
JANTIZE TAMPA BAY PAGE 04/16
i
A commitment . td pay all covered employees fife living wage, as defined by
section .2- 408(a) and Including, without limitation, any annual Indexes thereto (as
provided In $action 2- 408(d).
EfF , ve October 1, 2a'I D, service oontractom shall be required to pay all its 0rnplayees
W ho provide services for cdverad service Contras, - the hourly living wage rates based
on the following three (3) year phase4n approach:
1 Corn mencing with City ttscal =year 2044 -11 (t)ctobe8 '!, .2�'lQ), the hourly living
wage rate will be $1 0.161hr, with heath beneits of at least $'1.251hr, and
$11.41 /hr without benefits;
Commencing with City fiscal year 2019 - (October 1, 20 11), .the hourly living
wage rate will be ' $10.72/hr with health benefifs of at least $1, 451hr, and
$12.171hr beneft; and
cbobgr 1, 2p'12) , the hourly living
i Commencing with City fiscat year 2012 -13 O
rate w i l l $14.28/hr' with h ( ealth benefits Of at least $1.641hr, and $12.92lhr
without benefits.
1 furth nawietige that (allure to comply wEth the 'Living
er understand and - agree and ack
Wa$e 'Ord'inance requirements shall consfitute a mat�edai breach of the contract by
whlbh the City may immediately terminate same.
the
1 daciare under penalty df- bet3ury under #hie lows of 1 State nt actuatt
for�oing is true and correct, an d chat t am authortzed to b '
Executed thi ...d o , in ft year E! , ati
i b re Ntaiiing� dress
Narhe of Signatory (please print) City, State, Zip Code
T116
For mom infvrmafion on the Living Wage or a COPY of the Ord inance, refer tb the C1tY of
Miami Beach website: ht •//web mia l sachfi davioracureme
,
►` C'ttt► of Miami Beach I PROCUREMENT DIVISION
FL-1 33139
1700 Convention Center Drive third floor MCarrii BBa 786 394,4000
T 305.673.7490
procurementomiamibeachfl.gov '
s "Health Renew snail, at a minimum,
mean ,health Insurance covmrage which cahsi9% of wsline8s and
pray ntive care, including maternity, and that meets the requirements of a "stsndi health benefits plan' as
defl�ed in 9ubseaticm 627.8608 (U)(b)(4), Florida Statutes'`, as may t amended from times to time.
i
We exmi�mm)Ited to p►ovidiv excellent public ae,vica and m4c4 to oil wno li vrtuk, and ploy in our vibrant, iropiml, F,lstoric pammuntty.
426
l LIVING WA
.
CERTIFICATION
Pursuant to Section 2- 408(e) of the Miami Beach City Code, entitled Certification required before
nt. "Any and all contracts for covered services. may be voidable, and no funds may be released,
unless prior to entering any agreement .with the city for a- covered services contract, the-service
contractor certifies to the city that It will .pay each of its covered - employees no less than the living wage
described in section 2- 40B(a). A copy of this certificate must be made available to the .public. upon
request, The cert ificate., - at a minimum, must include the following:
1. The name, address, and ..phone number of the covered employer, a local contact person, and the
specific project for which the covered services contract is sought;
Project: Bid # 13-10111
Name of Contractor: -ISS Facility Services Inc.
Contact person: Laura Thompson
Address: 9363 W. Sample Road 'Coral Springs, Florida 33065
Phone number: 407 - 6874267
2. The. amount of the covered services contract a brief description of the project or service provided and
the dty department the contract will serve;
Arnount - of contract: To be determined
City Departmerit(s):
Description of service or project:.Janhorial and related services.
3, A statement of the wage levels for ail employees; All iSS 'Faclilty Services Inc.. employees will
be - compensated in-compliance with the Living Wage ordinance for the City vfi Miami Beach
Florida.
°covered services" Contracts involving the city's expenditure of oversioDADD per yearand which include the follwAng -types
of services: Food. Preparation andior Distribution; Security Services; Routine Maintenance Services such as Custodial, leaning,
Refuse Removal, Repair, Refinishing and Recycling; Ciei>cai or other Non- Supery ry o frce'Work (whether temporary or
pemranent); TransportatiDn and Parking Services; Printing and Reproduction Services; Lmdscaping, Lawn, andlar Agricultural
Services; and Paris an Public Property Maintenance "Service c ontractor" is is any individual, :corporation
(whether for profit or not for ,profit), partnership, limited liability company, joint denture., nr other business
aritity�who is conducting business in Miami Beach, and whD is either. t;�} paid in whole gar part from one or
more of the City's general fund, capital project funds, special revenue funds, or any other funds, whether
by competitive bid process, informal Bids, requests for proposals, some form of solicitation, negotiation,
or agreement, or -any other decision to enter into s contract; - or (2) engaged in the - business :of, lor part of,
a contract to provide, Dr a subcontract to provide, services, for the benefit of the city. However, this does,
not apply to contracts reiated primarily to the sale of products or.goods.
i
427
I
4. A. commitment to pay all covered employees the living wage, as defined by section 2- 408(x) and
including, without limitation, any annual. indexes thereto (as provided in section 2408(4)•
Effective October'1, 2010, servioe. contractors shall be required to pay all its employees who 3ove e . ar
services for covered service contracts, the hourly living wage .rates based on the following three ( y
phase -in. approach:
2010 ), the hourly living a rate will be
Commencing with City fiscal ye 2010 -11 (October 1, ' Y 9 wa 9
$10.161hr. with `healtfi berieflts of at least $1.25/hr, and $11.41 /hr without berieflts;
Commencing with City fis`c 'I year 2011 -12 (October 1;.2011), the houdy. wage rate will be
$10.72 1hr with health benefits of at least $1:45 /hr, and'$12.17 /hr without benefits; End
Commencing with City fiscal year 2012 -13 (October 1, 2012), the hourly living rate Will be
$11.2n r with health benefits of at least $1.fi41hr, and $12.92/hr without benefits. 4
I further understand and agree and acknowledge that failure to comply with the Living Wage 'Ordinance
requirements shall constitute a material .breach of the contract by which _the City may immediately
terminate same,
I declare under penalty -of perjury under the laws of the State of Florida that the foregoing is true and
correct, and that l am authorized to bi nd this entity contractually.
Executed this ;3' day of Ka i in -the ear 20' x[, at Coral 9yrin s_
Signature
9393 W Sample Road Coral Sicrinas, Florida 33066 -
OOF
Nam of Signatory (please .print) City, State, Zip :Code
Code
:Laura Thampson
Title: Director of Business Developmen
For more information on the Living Wage or a copy of the Ordinance, refer to the City vfMiarni Beach
website: httio'/ /web miamibeachfi.gov /procurement
City of Miami Beach } PROCUREMENT DIVISION 1700
Convention Center Drive } third floor } Miami Beach, FL 133139 7B6394.4000
T: 305.673.7491) }
Procuremerit@miamibeachfl.gov
"Health Benefits shaft, at a minimum, mean health insurance coverage which consists of wellness and
preventive care,. including maternity, and that meets the requirements of a 4 standard'heaith.benefits plan
as -defined in Subsection 627.6699 (12)(b)(4), Florida Statutes*, as may be amended from time to time.
We are committed to providing excellent public aervlce end safety to all Woo live, work, and play in our vibrant, tropical, historic community.
3 ..
r .
-428
r
r
{
LIVING WAGE
CERTIFICATION
Pursuant to Section 2- 408(e) of the Miami Beach City Code, entitled Certification
required.before payment. "Any. and all contracts for covered services may be voidable,
and no funds may be released, unless prior to entering any agreement with the city for a
covered services contract, the service contractor certifies to the city that it will pay each
of its covered employees no less than the living wage described - in section 2 408(a). A r
copy of this certificate must be made available to the public upon request. The
certificate, at a minimum, must include the following:
1. The name, address, and .phone number of the covered employer, a local contact
person, and the specific project for which the covered services contract is sought;
Project: S !,c l t O 1)
Name of Contractor.. D
E Contact person:
Address: Sr
Phone number: r7 ZI . 2-m _ On Da
2. The amount - of the covered services contract, a brief description of the projector
service provided and the city department the contract will serve;
Amount of contract: Y-n PJV4�
City Department(s): V °
Description of service or project:
3. A statement of the wage levels for all employees; r Q t „T'
C
' "Covered services” Contracts involving the city's expenditure of over $I 00,00o per year and which include
the following types of services: Food Preparation andfor .Distribution; Security
Services; Routine
Maintenance Services such as Custodial, Cleaning, Refuse Removal, Repair, Refinishing -and Recycling;
Clerical or Other Non- Supervisory, Office Work (whether temporary or permanent); Transportation and
Parking Services; Printing and Reproduction Services; Landscaping, Lawn,,andior Agri cultural Services; and
Park and Public Property Maintenance. partnership, limited
.- 2 "Service contractor" is is any individual, corporation (whether for profit or not for profit), pa -
liability company, joint venture, or other business entity who is conducting business in Miami Beach, and
who is either. (1) paid in whole or part from one or more of the City's general fund, capital Project funds,
special revenue funds, or any other funds, whether by competitive bid process, intomral bids, requests for
proposals, some form of solicitation, negotiation, or agreement, or any other decision to er wide in
services for
or (2) engaged to the business of, or part of, a contract to provide, or a subcontract to p
the benefit of the city. However, this does not apply to contracts related primarily to the sate of products or
goods.
429
I
4. A commitment to pay all covered employees the living wage, as defined by
section 2- 408(a) and including, without limitation, any annual indexes thereto (as
provided in section 2- 408(d).
Effective October 1, 2010, service contractors shall be required to pay all its employees
who provide services for covered service contracts, the hourly (lying wage rates based
on the following three (3) year phase -in approach:
Commencing with City fiscal year 2010 -11 (October 1, 2010), the hourly living
wage rate will be $10.16 /hr. with health benefits of at least '$125/hr, and
/hr without benefits;
■ Commencing with City fiscal year 2011-12 (October 1, 2011), the hourly living
wage rate will be $10.72/hr with health benefits of at least. $1.45 /hr, and
$12.17 /hr without benefits; and .
■ Commencing with Clty fiscal year.2012 -.13 (October 1, 2012), the hourly living
rate will" be $11.28 /hr with health benefits of at least $1.64/hr, and $12.92/hr
without benefits.
i further understand and agree and acknowledge ::that failure to comply with the Living
Wage Ordinance requirements shall constitute a material breach of the contract by
which' the City may immediately terminate same. .
I declare under penalty of perjury under the laws of thel State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity contractually.
Execute isJday of, in the year ?011 , at Mj.?s , S tate _
City
Sig Maill ng Address
Na of Signatory (please print) City, State, Zip Code
Title
For more information on the Living Wage or- a copy of the Ordinance, refer to the City. of
Miami Beach website: http• / /web miamibeachfl aoy /arocuremen
- city.of Miami Beach I PROCUREMENT DIVISION
170 , Convention Center Drive third floor Miami Beach, FL 33139
' T: 305.673.7490 l F: 786.394.4000
pro curement@rniaMibeachfl.gov
s "Health Benefits shall, at a minimum, mean health insurance coverage which consists of wellness and
preventive care, including maternity, and that meets the requirements of a "standard health benefits plan" as
defined in Subsection 627.6699'(12)(b)(4),Tlorida Statutes*, as may be amended from time to time.
l V� ore commined io Fvrn idino e�cellenr pobllc 5ervicp and sohr�• io all ,+ho live. wort. and ploy in ow k4br Int rropicol, hisPOric Commurtri} .
430
LIMING WAGE
CERTIFICATION
Pursuant to Section 2- 408(e) of the Miami Beach City_ Code, "entitled Certfcation
required before payment. "Any and all contracts for covered services' may be voidable,
and no funds may be released, unless prior to entering any agreement with the' city for a
covered services contract, the service contractor certifies to the city that It will pay each
of its covered employees no less than the living wage described In section 2- 408(a). A
copy of this certificate must be made available 'to. the public upon request. The
certificate, at a minimum, must include the following:
1. The name, address, and phone number of the covered employer, a local contact
person, and the specific project for which the covered services contract is sought;
Project: Citywide Janitorial Services
Name of Contractor: Professional Bullding Services
Contact person: Craig Saxner 333'! 7 "
Address: 7027 W. Broward Blvd., #303 Plantation, FL
Phone number. 854- 473 -0025'
2. The amount of the covered services contract, a brief description of the project or
service provided and the city department the contract will serve;
Amount of contract' TBD
- City Department(s): Various
Description of service or project:
3: A statement of the wage levels for all employees;
Living wage standards to be followed
`Covered services" Contracts invoiving the cttys expenditure of over $100,000 per year and which include
the fioltowing types of services; Food Preparation and /or Distribution; Security Services; Routine
Maintenance Services such as Custodial, Cleaning, Refuse Removal, Repair, Refinishing and Recycling;
Clerical or Other Non - Supervisory Office Work (whether temporary or permanent); Transportation and
Parsing Services; Printing and Reproduction Services; Landscaping, Lawn, and/or Agricultural Services; and
Parse and Public Property Maintenance.
Z .'Service contractor' is is any individual, - corporation (whether for profit or not for profft), partnership, limited
liability company, joint venture, or ather_ business entity who is conducting business in Miami Beach, and
om
Who is either. (1) paid in whole or part from one or more of the City`s general turd, capital project funds,
special revenue funds, or any other funds, whether - by competitive bid process, informal bids, requests for
proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract;
or (2) engaged in the business of, or part of, a contract to provide, or 's subcontract to provide, services, for
the benefit of the city. However, this does -not .apply to contracts related primarily t the sale of products or
goods.
431
t
4. A commitment to pay ail covered employees the living wage, as defined by
section 2- 408(a) and including, without limitation, any annual indexes thereto (as
provided in sectlon - 2- 408(d):
Effective October 1,'2010, service contractors shall be required to pay all its employees
who provide services for covered service contracts, the hourly living wage rates based
on the following three (3) year phase -in approach:
■ Commencing with City fiscal year 2010 -11 (October 1,
2010), the hourly living
wage rate will be $10.16/hr. with health beneflts of at least $1.25/hr, and
$11.41 1hr without benefits; the hourly living
■ Commencing with City fiscal year 2011 -12 October 1, , 2011 ) ,
wage rate will be $10.72/hr with health benefits .of at least $1.45 /hr, and
$12.17/hr without benefits; and
:. Commencing with .City fiscal year 2012 -13 (October 1, 2012), the hourly living
rate wily be .$11.28/hr with health benefits of at least $1.64/hr, and $12.92/hr. .
without benefits.
i further understand and agree and acknowledge that failure to comply with the Living
wage Ordinance requirements shall constitute a material breach of the contract by
which the City may immediately terminate same.
! declare under penalty of perjury under the laws of. the State of Florida that the
foregoing is true -and correct, and that 1 am authorized to bind this entity contractually.
FL
Executed-this 10 day of March , in the year 201"1 _ at Plantation 'State
- city -
7027 W. Broward Blvd., #303
Si ture ailing Address
V
Craig Saxner Plantation, FL 33317
Name of Signatory (please print) City, State, Zip Code
President
Title
For more information on the Living Wage or a copy of the Ordinance, refer to the City of
Miami Beach website: htto: //web miamibeachfi ctov /procurement
City .of Miami Beach PROCUREMENT DIVISION
1700 - Convention Center Drive 1 third floor I Miami Beach, FL (33139
_ T: 305.673.7490 ('F: 786.394.4000
procuremerrt @rniamlbeachfl.gov
s °Health Benefits" shall, at a minimum, mean health insurance coverage % ich consists of weliness and
preventive care, including maternity, and that meets the requirements of a "standard health benefits plan" as
defined in Subsection 627.6699 (12)(b)(4), Florida Statutes ", as may be amended from time to time.
We ore committed to providing excellent public service and sofey to oil who live, work, and play in our vibrant, tropical, historic community-
432
@5112/2011 14:30. 613630 ?569 JANTIZE TAMPA BAY PAGE 01/02
MIAMIB
City of 10iaml beach, 1700 Convention Center Drive, Miami Beads, Florid6.33139,:www.miami6eachfl.gov
PROCURtMENT DIVISION
Tel: 30541 , Fax: 7863944003
May 1 � 2011
M r. Daniel Gordtz
Perfo l ance Cleaning Group
7402 N, Se Street, Ste 840
Tamplk' Fl 33817 Sent Via e-mail: dan ielg o- pccc
RE: KITB)" NO. 13- 1011'1 JANITORIAL. SERVICES CITYWIDE
Gear dir. Gorritz:
It is the policy of the City of Miami Beach that the custodial companies awarded contracts shall in
good Mith offer those employees (other than managerial and superviso em ployees ) employed
under the predecessor contact whose employment will be terminated as a result of award.of these
contracts or the expiration of the contracts under which the employees were hind, a :right of first
refusal�of employment under this contract in positions which employees are qualified.
The custodial companies shall determine the number of employees necessary for efficient "
performance of this contract and ma elect to employ fewer employees than the pr edecessor
custodilial company employed in connection with performance of the work. It is the policy of the City
that all Employees hired by the oustodia{ companies who were employed under the predecessor.
con radBt should be retained for at least a 90"day transition period during which the custodial
company should refrain from discharging without cause any employee retained pursuant to this
subse
Pieaseiadvise if you're awarded a contract for janitorial secvioes, if you would be agreeable to the
followidg. contract provision:
NONDOSPLAGEMENT OF QUALIFIED WORKERS
(a) Consistent with the efficient ; performance of this contract the contractor and its
subcontractors shall, except as otherwise provided herein, in good with offer those employees
(other than managerial and supervisory employees) employed. under the predecessor contract
whose employment will be terminated as a result of award of this contract or the expiration of the
contradt under which the employees were hin=d, a right of first refusal of employment under this
contracft in positions forwhich employees are qualified. The contractor and its subcontractors shall
determine the number of employees- necessary for efficient performance of this contract and may
elect t8 employ fewer employees than the predecessor contractor employed in Connection with
perforrAance of the work. Except as provided in paragraph (b) there shall be no employment
open in' under this contract, and the contractor and any subcontractors shall not offer employment
under this contract, to any person prior to having complied fully with this obligation. The contractor
and its' ubcontractors shall make an express offer of employment to each employee as provided
herein land shall state the time within which the employee must accept such offer, but in no case
shall 'tile period within which the employee must accept the offer of employment be less .than
10 daylE;:
We . ore eommined to providing exceAent public service and safety to ali wfia live, work, and piny in our vlbrcnt,.mpicol, historic community.
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•
05/12/2011 14:30 8138307565 JANTIZE TAMPA BAY PAGE 02/02
(b) Notwithstanding the obligation under paragraph (a) above, the con and any
subcon ractors (1) may employ. under this contract any employee who has worked for can
or subntractor for at least 3 months immediately preceding the commencement of this contract
and wh6 would otherwise face lay -off or discharge, (2) are rapt required to offer- a right of first refusal
to any employees) of the predecessor contractor who are not service employees within
the meAning of the Service Contract Act of 1965, as amended, 41 u.S.C. 357(b), and (3) are not
requf to offer a right of first refusal to,any empioyea(s) of t h e predecessor contractor whom the
contractor or any of its.subcontractors reasonably believes, based on the particular employee's past
performance, has fatted to perform suitably on the job.
ft) The contractor shall, not less titian. 10 days completion of this contract, furnish the
Procurement Director a certified list of the names .of all service employees working under this.
contrac i and its subcontracts during the -last month of contract performance. The list shall also
contain! annivarsary dates -of employment of each service employee under this contract and its
predeclssor contracts; either with the current or predecessor contractors or their subcontractors.
curement Director will provide the fist to the successor contractor, and the list shall be
The PO
provideb on request to employees or their - representatives.
Kd) If it is determined by the City Manager, that the contractor or its subcontractors are not
in compliance with the requirements of this clause, appropriate sanctions may be imposed and
remedies invoked against the contractor or its subcontractors, as provided i the Miami Beach City
Code dr as otherwise provided by iaw..
X e , In eve subcontract entered into in order`�o perform services under this contract, the
da '
contrar will°inciude provisions thste nsurethat :each'-suboohtractorwlll honorthe requirements of
;..
paregrAphs (a) through (b) ih `rasped to the employees of a.. predecessor - subcontractor or
. �� � . ° :. _ m . ` : w -i de "` r vESions nsuce°ti~at r contractor and its
subcor6ctom workin under this. contract, as well as of a redecesso
. subcor>�#ractor�, Thp su � the nforma ion about em ' to ees af�the subco �e subcantractorwill
provid.the contractor w P Y tracitor nee by he
ed t
conirai tar to comply .with = paragraph 5(c), above. The' contractor wit! =take such .action with respect
to any Ouch su as may be directed by the °Pracurc:ment Director as a mans of enforcing
such provisions, inCiiidii g' the imposition of sanotion's4or non- comptiande:
z
Pleasetadvise writing, if you are agreeable to the aforementioned provision.
ThankVou,
t ,
Gus Ldpez, CPPC
Director o ocurement
=l hereby agree in good faith to consider employing those employees under the predecessor
'contract.
MI clo not agree with the provisions set forth in this fetter, and as such, I will hire employees as
=1 see fit.
agree to consider base employees whose jobs may be - -lost as a result of a contract award
- to my company under the fallowing conditions:
Signat Print ame - Tftle Date
WO ore cc9mmtMad. ptt d►ng c�ccetlen blic serow and wfe4 to all who five, woe and in our vlfaroru. Tropical, ht storic communiy.
434
J .
I �l IB A H
City.of Miami Beach, 1700 Convention Center Drive, Micmi Beach, Florida 33139, www.miomibeochA.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,fax: 7$6.394 4003 .
May 12, .2011
Mr. Omar Quirdaniile
Omarcio Cleaning Services, Inc.
426 SW e Street
Miami, FI 33130 Sent Via e omarciocs(ayahoo.com r
RI- (ITB) NO. 13 -1 0111 JANITORIAL SERVICES CITYWIDE
Dear Mr. Quintanilla:
It is the policy of the City of Miami Beach that the custodial companies awarded contracts shall in
good faith offerthose employees (other than managerial and supervisory employees) employed
under the predecessor contract whose employment will be terminated as a result of award of these
contracts or the ®xpiration of the contracts under which the employees were hired, a fright of first
refusal of employment ,under this contract in positions for which employees - are q ualified.
The custodial companies shall _determine the number of employees necessary for efficient
performance of this contract and may elect to employ fewer employees than the predecessor
custodial company omployod in connection with performance of the work. It is the policy of the City
that all employees hired by the custodial companies who were employed under the predecessor
contract should be . retained * for at least a 90--fay transition period during which the custodial
M. company should refrain from discharging without cause any employee retained pursuant to this
subsection.
Please advise if you're awarded a contract for janitorial services, if you would be agreeable to the
following contract provision:
NONDISPLACEMENT OF QUALIFIED WORKERS
(a) ' Consistent with the efficient performance of this contract, the contractor and ft
subcontractors shall, except as otherwise provided herein, in good faith offer those employee
(other than managerial and supervisory employees) employed under the predecessor contract
whose employment will be terminated as a result of award of this contractor the, expiration of the
contract under which the employees were hired, a right of first refusal of employment under this
contract in positions for which employees are qualified. The contractor and its subcontractors snail
determine the number of employees necessary for efficient performance of this contract and may
elect to employ fewer employees than the predecessor contractor employed in connection with
performance of the work, Except as provided in paragraph (b) there shall be no employment
opening under this contract, and the contractor and any'subcontractors shall not offer employment
under this contract, to. any person. prior to having co mplied fully with this obligation. The contractor
and its subcontractors shall make an express offer of employment to each employee ats provided
herein and shall state the time within which the employee must accept such offer, but in no case
shall the period within which the employee must accept the offer of employment .be less -than
10 days,
We rift- committed to providing exeoliCnt public tr. -mc[: anti sakty to at/ vAo live, work, and play in our vibrant, tropiccl, historic community.
435
M
(b) Notwithstanding the obligation under paragraph (a) above, the contractor 'and any
subcontractors (1) may employ under this contract any employee who has worked for the contractor
or subcontractor for at least 3 months immediately preceding the commencement of this contract
-and who would otherwise face lay -off or discharge, (2) are not required to offer a right of first refusal
to any employee(s) of the predecessor contractor who are not service employees within
the meaning of the Service Contract Act of 1 965, as amended, 41 U.S.C. 357(b), and (3) are not
required to offer a right of first refusal to any cmployee(s) of the predecessor contractor whom the
contractor or any of its subcontractors reasonably believes, based on the particular employee's past
performance, has failed to perform suitably on the job.
:.(c) The contractor shall, not less than 10 days before completion of this contract, fumish the
Procurement Director a certified list of the names of all ctarvice employees working under this
contract and its subcontracts during, the last month of contract performance. The list shall also
contain anniversary dates of employment of each service employee under this contract and its
predecessor con#racts with the current or predecessor contractors or. their subcontractors.
e list to the successor _contractor, and the list shall be
The procurement Director will provide th
provided on.requost - to employees or their representatives.
.(d) if it- is determined by the City Manager, that the contractor or its subcontractors are not
In compliance with the requirements of this clause, appropriate sanctions moy be imposed and
remedies invoked against the contractor or its subcontractors, as provided in the Miami Beach City
Code, or as otherwise provided by law.
(e) In every subcontract entered into in order to perform services under this contract, the
con {ractorwi11 include provisions that ensure that each subcontraGtorwill honorth2 requirements of
paragraphs (a) through (b) with respect to the employees of a predecessor or
sub contractors working under this contract, as well as of a predecessor contractor and its
subcontractors. The°subcorittect Shall also include prow lions tQ ensure that the subcorrtractol' wil
p of the subcontractor, needed b y the
. provide the �on contractorwifih the�mformat �abau# the em toy ee r ,
s
contractor lv comply Mth paragraph S(c), above, .The contr�ectar will take,_such.action with respect
to any such subcontract as may tie directed by - the 'Procurement Director as a means of enforcing
such provisio s, includina the imposition of sanctions for non - compliance:.
"Please advise in writing, if you are agreeable to the.aforementioned provision,
Thank you,
Gus Lopez, C PPtD
Director of Procurement
i hereby agree in good faith to consider employing those employees under#he predecessor
contract.
I do not agree with the provisions set forth in this letter, and as suc h I will hire employees as
1 see fit.
1 agree to consider those empi�yees whose jobs may - be lost as a result Of f contract award
.:- to my company under the following conditions:
11'44 A
r
U rn Print Name -Title Date
We br�� co► +muted to prrn�id�rr� exr e&nt public reivice. and safety to all who Itve work, and play to our v(hront, tropical, {�rvlorir rommuni
436
ACH
rity of Miami Beach, i700 Convention; Cenier Drive, Miami Beach, I'lorido 33139, www.miamibeachfi.gov
PROCUREMENT DIVISION
.Tel: 305.673.7490 , Fax: 78&394.4003
i
May 12, 2011
Mr. Craig M. Saxner
Professional Building Services, Inc. j
7027 W. Broward Blvd
t Plantation, Fl 33177 Sent Via e-mail: craigQ. grof e✓ssivrtalbuildinaseryices,info
. RE: (ITB) NO. 13 -10117 .JANITORIAL SERVICES CITYWIDE
Dear Mr. Saxner:
It is the "policy of the City of Miami Beach that the custodial companies awarded contracts shall in
good faith offer those employees (other than managerial and supervisory employees) employed .
under the predecessor contract whose employment will be terminated as a result of award of these
contracts or the expiration of the "contracts under which the employees were hired, a =right of first _ 4
refusal of employment under this contract in positions for which employees are qualified.
"The custodial companies shall determine the number of employees necessary for efficient
performance of this contract and may elect to "employ fewer employees than the predecessor
custodial company employed in connection with performance of the work. It is the policy of the City
y - that all employees hired by the custodial companies who were employed under the predecessor
contract should be retained for at least a 90-day transition period during which the custodial
- company should refrain from discharging without cause any employee retained pursuant to this
subsection.
Please advise if you're awarded a contract for janitorial services, if you would be agreeable to the
following contract provision:
1 .
NONDISPLACEMENT OF QUALIFIED WORKERS
(a) 'Consistent with the efficient performance of this contract, the contractor and its
subcontractors shall, except as otherwise provided herein, in good faith offer those. employees
(other than managerial and supervisory employees) employed under the predecessor contract
whose employment be terminated as a result of award of this contract or the expiration of the
! contract under which the employees were hired, a right of first refusal of employment under this
contract in positions for which employees are qualified. The contractor and its subcontractors shall
determine the number of employees necessary for efficient performance of this contract and may
elect to employ fewer employees than the predecessor contractor employed in connection with
performance of the work. 'Except as provided in paragraph (b) there shall be no employment
opening under this contract, and the contractor and any subcontractors shall not offer employment
underthis contract, to.any person priorto having complied fully with this obligation. The contractor
i and -its subcontractors shall make an express offer of employment to each employee as provided
herein and shall state the time within which the employee must accept such ..offer, but in no case
shall the period within which the employee must accept the offer of employment be less than
10 days..
I
437 -
(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any
subcontractors (1) may employ under this contract any employee who has worked forthe contractor
or subcontractor for at least 3 months immediately preceding the commencement of this contract
and who would otherwise face lay -off or discharge, (2) are not required to offer a right of first refusal
to any employee(s)'of the predecessor contractor who are not service employees within
I the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are "not
a. required to offer a right of first refusal to any empioyee(s) of the predecessor contractor whom the
contractor or any of its subcontractors reasonably believes, based on the particular employee's past
performance, has tailed to perform suitably on the job,
(c) The contractor shall, not less than 10 days before-completion of this contract, furnish the
Procurement 'Director a certified list of the names of all service employees working under this
contract and its subcontracts during the last month of contract performance.. The list shall also
is contain anniversary dates of employment of each service employee under this 1 contract and its
i predecessor contracts either with the current or predecessor contractors or their subcontractors.
r. The Procurement Director .will provide the list to the successor contractor, and the list shall be
provided on request to employees or their representatives.
(d) if if is determined by the City Manager, that the contractor or its subcontractors are not
a -.
in, compliance with the requirements of this clause, appropriate sanctions may be imposed and
remedies invoked against the contractor or its subcontractors, as provided in the Miami Beach City
Code, or as otherwise provided by law.
(e) An .every subcontract entered into in order to perform services under this contract, the
o
contractor will include provisions that ensure that each sutci�tractor will honor the re uirements of
P q .,
.paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or
subcontractors woridng under this contract, as well as of a predecessor contractor and its
subcontractors. The
-subcontract shall also include provisions to ensure that the subcontractor will
provldethe-contractor --with the information about the employees of the subcontractor needed :by the
f
z contactor to comply with paragraph 5�c }, above Thercontraabor wdl take such aeon vvi#ti'respect
to any : subcontract�as. may „be directed by the Pro m
cureent Director as: a means of enforcing
�
such provisions, including the impasrtion of sanctions,for n on -co mp liance
` Pease advise in writing, Y agreeable if you are reeable aforementioned provision.
Thank you,
Gus Lopez, CPPQ .
#: Director of Procurement
4
a .
I 'hereby agree in good faith to consider employing those employees under the predecessor
k contract.
I do not agree with the provisions set forth in this letter, and as such, I will hire employees as
see frL
3 I agree to consider those employees whose jobs may be lost as a result of a contract award
to my company under the following conditions.
G-r-
f .
i
R . S re Print Name - Title Date
? r:: -,,., :a; -, rr.;.,.,;:r,_ ;b c - ... ........:...r r; :; t<: u; ;. ..” t:r: ! v,v:
438
MAM SEAC H
City of Miami beach, 1700 Convention Center Drives Miami Beach,,Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 , Fax: 786 - 394
May 12, 2011
Ms. Laura Thompson
ISS Facility Services, Inc.
9363 W. Sample Road
Coral Springs, FI 33065 Sent Via e-mail: }aura thomi>sonO -us isswodd.�com
RE: (ITB) NO. 13 -10114 JANITORIAL SERVICES CITYWIDE
Dear Ms. Thompson:
It is the policy -of the City of Miami Beach the custodial companies awarded contracts shall in '
good faith offer those employees (other than managerial and supervisory employees) employed
under the predecessor contractwhose employment will be terminated as a result of award of these
contracts or the expiration of .the ;contracts. under which the employees were hired, a right of first
refusal of employment under this contract in positions for which employees are qualified.
The .custodial companies shall determine the number of .employees necessary for efficient
performance of this contract and may elect to employ fewer employees than the predecessor
custodial company employed in .connection with performance of the work. It isthepolicy of the City
that all employees hired by the custodial who were employed under the�predecessor
:contract should .be retained for at least a 90-day transition period during which the custodial
company should refrain from discharging .without cause any employee retained -pursuant to this
subsection.
Please advise if you're awarded a contract for janitorial services, if you would.be agreeable:to the
` following contract provision:
- NO.NDI.SPLACEMENT OF QUALIFIED WORKERS
(a) Consistent with the efficient performance of this contract, the contractor and its
subcontractors shall, except as otherwise provided herein, in good faith offer those employees
(other than managerial and supervisory employees) employed under the predecessor contract
whose employment -will be terminated as .a result of award of this contract or the expiration of the
contract under which the employees were hired, - a right of first refusal of employment under this
contract in positions for-which employees are qualified. The contractor its.subcontractors shall
determine the number of employees necessary - for efficient performance of this contract -and may
elect to employ fewer employees than the predecessor contractor employed in connection with,
performance of the work. Except - as provided in paragraph (b) there shall be no employment
opening under this contract, and the contractor and any subcontractors shall not offeremployment
under this contract, to any person prior.to having complied fully with this obligation. The contractor
and its subcontractors .shall make an express offer of employment to each employee as provided
herein and shall state the time within which the employee must accept such offer, but in no case
shall the period within :which the employee must accept the .offer of employment be Tess than
10 days.
We are committed to providing ereslient public service and solely fo o.; woo live work, and play rn our �ribror,!, trepicn!, historic cammuniry. '
439
i
ragraph (a) above, the contractor and any
(b). Notwithstanding the obligation under pa
subcontractors (1) may.employ under this contract any employee who has worked for the contractor
or subcontractor for at least 3 months immediately preceding the commencement of this contract
and who would otherwise face lay -off or discharge., (2) are not required to offer a right of first refusal
to any employee(s) of the predecessor contractor who are not service employees within
the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not
required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the
contractor or any of its subcontractors reasonably believes, based on the particular employee's past
performance, has failed to perform suitably on the job.
(c) The contractor shall, not less than 10 days before completion of this contract, fumish the
Procurement 'Director a -certified fist of the names of all service employees working under this
contract and its subcontracts during the last month of contract performance. The list shall also
contain anniversary dates of employment of each service employee under this contract and its
predecessor contracts either with the current or predecessor contractors or their subcontractors.
The Procurement Director will provide the list to the successor contractor, and the list shalt be
provided on request to employees or their representatives.
(d) If it is determined, by the City Manager, that the contractor or its subcontractors are not
in compliance with the requirements of this clause, appropriate sanctions may be imposed and
remedies invoked against the contractor or its subcontractors, as provided in the Miami Beach City
Code, or as otherwise provided by law.'
(e) In every subcontract entered into in order to perform services under this contract, the
contractor -will include. rovisionsthat ensure that each subcontractorwillfionor the requirements of
P:
paragraphs -(a) througl (b) vkh respect to the employees of a .predecessor .subcontractor or
subcontractors working under this contract, as well as of a predecessor contractor and its
su contract' ' The subcontract shall also include- provisions to ensure thatthe subcontractor will
rovide the contractor with the information about the employees of the subcontractor needed by the
P
c, ,
contractorao comply with
pa ragraph 5(c); above. The contractor will take-Such action with
to any'such subcontract -as may be directed by the Procurement Director as a means of enforcing
such provisions, including the :imposition of sanctions for non- compliance:
Please advise in writing, if you are agreeable to the aforementioned provision.
Thank you,
Gus Lopez, CPPO
Director .of Procurement
- I hereby agree in good faith to consider employing those employees under the predecessor
contract.
l.do not,agree with the provisions set forth in this letter, and as such, I will hire employees as
i see fit:
1 agree to consider those employees whose jobs may be lost as a result. of a contract award
to my company under the following conditions:
Director of Business Development May 16, 2011
Sig to print Name -Title Date
We at� committed to providing excellent public service and solely to all, who live, work, and play in our vibront. tropicai, histor,'c community.
440