ISS Facility Services, Inc. AMIBEACH
ADDENDUM NO. 1
TO CERTIFICATION OF CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
ISS FACILITES SERVICES, INC.
ITB No.- 13 -10 /11 FOR JANITORIAL SERVICES CITYWIDE
I. 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, 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. Al emp m„�+ b f, Xll GGRYeFsaRt in
FaRgl iSh.-
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 9+1,\ day of -N , 2011, by
their respective duly authorized representatives.
CSA OR CITY OF MIAMI By By
President/ igna ure Edward L. Tobin
� Vice -Mayor
Print ame Date
"Date
ATTEST: ATTEST:
tjo cretary/ Signature City Clerk ,
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1
nt 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 for 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): ISS Facility Services, Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: $67,124.52
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,
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 ITB, 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.
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 a# 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
I'SS Facility Services, Inc.
9363 W Sample Road
Coral Springs, Florida 33065
Attn: Laura Thompson
Phone: 407 - 687 -5267
Fax: 305- 675 -4668
E - mail: Laura .thompson(o�
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 withi 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 S 4-k day of X&c u� , 2011; by their respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEACH
r
By / By
President/ ign ure ( Edward L. Tobin
Vice -Mayor
8` g - 2 - o
Print'Name Date
Date
ATTEST: ATTEST:.
Se a ary /Signature City Clerk
Print. Name Date
.Date
FAPURC \$ ALL \MARTA \Bids \10 -11 \Janitorial Services \Contracts \ITB- 13 -10 -11 ISS Facility Service.doc
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i
S
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- 10111, 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
A 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:
N/A
Financial Information:
Source of Amount Account
Funds: $792,885.00 Property Management Account 520 - 1,720- 000325
2 $342,342.60 Parking Department Account 480- 0463 - 000325 (I Y 7 ,
13 17', 42 Street, City Hall and Penn Av 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 Garage
OBPI 5 $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 Leg islative'Trackin :
- Gus Lopez Ext. 6641
Sign-Offs:
D.e artment:Director Assists»# Ci ' Mana er:: city Manager
er
GL FB SF DB PDW JMG
T:IAGENDAl201116- 01- 111ITB 13 -10-11 Janitorial Services SUMMARY.doc
AGENDA ITEM
MIAMIBEACH, 401 DATA
MIAMIBEACH
City of Miami Beath; 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miumibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:. Jorge M. Gonzalez City Manage
9 � Y 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. 1340111, 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:
$792,885 Property Management Account 520 -.1720- 000325,
$342,342.60 Parking Department Account 480 - 0463- 000325
(12" 13 , 17' 42" d Street, City Hall and Pennsylvania Av. Garages)
$82,800 Parking Department Account 142- 6976 - 000325 q Street 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- 1.210- 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 Cityfacilities 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`otherconsumables 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 rather than individually folded towels and multi -rolls of toilet tissue rather than 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 award(s) 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
visits were 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 CleAnirfg
■ 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. Omarcio Cleaning Services
■ Come Land Maintenance Co. Performance Cleaning Group
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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. ■ 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 (5 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 listed
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 Hall 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 companies; 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 and user will receive same level of service, while, at the same
time, providing savings from current amount being paid in the amount of $147.76 /month.
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 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 Tampa 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 ., _.orate Responsibility_ Plan 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 facilities, 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 SaltLake 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 part of ISS
"World of Community Service ". Other events can be'discussed /negotiated upon award.
Omarcio Cleaning 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 operating offices throughout the State of Florida.l 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.
Professiona1 Build ing .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.
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 -10111 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. The table below shows savings realized from an award pursuant to ITB 13-
10/11:
406
Commission Memorandum - ITB 13 -09110 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
until S eptember 30, 2013 $1
Annual Savings from current contract $234,288.22
Fiscal Year 2011 Savings (3 Months thru September
30 2011 — $19,524 /month ) $5%572
Fiscal'Year 2012 Savings $234,288 ± $46,940 $281 228
Fiscal Year 2013 Savin s $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 bythe 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 32BJ. 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 otherthan 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
i
I
Commission Memorandum - JTB 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
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 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.
TAAGENDAl201117- 13- 1 IklTB 13 -10-11 Janitorial Services MEMO.doc
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ATTACHMENT B - AWARDED COMPANIES Page 1 of 2 l
ITB 13- 10111. JANITORIAL SERVICES CITYWIDE
The distribution of facilities /garages per company is as follows:
Company Name # of Facilities Annual Cost
ISS Facility Services 3 $67,124.52
Omarcio Clea . ning 16 $728,826.00
Performance Cleaning 13 $266,244.00
Professional Building 9 $248,905.08
Total amount 4 1 $1,311,099.60
Current Cost $1,545,387.82
Savings $234,288.22
* 19 of the 41 facilities were awarded to the lowest bidder.
* 2'of the 41 facilites 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 Facial Com an Name Annual Cost
p Monthly 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 Buildin .(City Hall Annex Bld ISS Facility Services .$3,120.20 $37,442.40
.4 555 ISS Facility Services $1,488.42 $17,861.04
5 Scott Rakow Youth Centerlice Rink Performance Cleaning $7,014.00 $84,168.00
6 Police Station Professional Building $13,706.67 $164,480.04
7 Fire Support Services Omarcio Cleanin $500.00 $6,000.00
8 South Shore Community Center Professional Building $2,765.75 $33;189.00
9 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 I 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 Cl eanin g $6,985.00 $83,820.00
14 North Shore. Open Space. Offices Performance Cleaning $408.00 $4,896.00
15 Mu Park Performance Cleaning $398.00 $4,776.00
16 Crespi 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 Fairway Park Performance Cleaning $398.00 $4,776.00
* Locations being rejected and renewed with Omarcio under RFP 4 -07/08
423
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 $6,000.00
Property Mgt Office and Maintenance
24
Facility Professional Building $1,056.67 $12,680.04
25 Beach Patrol Office Omarcio Cleaning $790.00 $9,480.00
26 Police Athletic League Rec Ctr. Performance Cleaning $1,592.00 $19,104.00
27 Flamingo Park Pool Professional Building $1,155.33 $13,863.96
28 Flamingo Park Tennis Courts Restr. Professional Building $905.00 $10,860.00
29 Flam Prk BaselSoft/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. $808
Item Gara a Compan Name Monthl Cost Annual-Cost
Omarcio Cleaning
1 7 t h Street Garage . $6,900.00 $82,800.00
Omarcio Cleaning
2 12 'Street Garage $1,fi60.00 $19,920:00
Omarcio Cleanin g
3. 13 Street Garage $1,660.00 $1.9,920.00
Omarcio Cleaning
4 16 Street Gara a $6,460.00 $77,520.00
5 17' Street Garage Omarcio Cleaning $8,100.00 $97,200.00
6 42 " Street Garage Omarcio Cleaning $2,540.00 $30,480.00
* 7 City- Garage Omarcio Cleaning $6,368.55 $76,422.60
8 Penn Garage Omarcio Cleaning $8,200.00 $98,400.00
Total Cost-Garages $41,888.55 $502 .
Total Cost Facilties and Garages $109,258.30 $1,311,099.60
* Locations being rejected and renewed with Omarcio under RFP 4 -07/08
424
05/02/2011 14:59 8138367569 JANTIZE TAMPA BAY PAGE 03/16
' BEA CH
LIVING WAGE
CERTIFICATION(
Purivant to Section 2.408(e) of the Miami Beach City Code, entitled CerfflGalft
mgtirired before payment. "Any and all contracts tar oovered services' may be voidable,
and ino funds may be released, unless prior to entering any agreement with the cky, fior a
covered services.contraict, the service oontrector car�fies to the clty that it will pay each
of its covered employees no less than the living wage described in section 2 A
cop of this certificate must be made available to the public • upon request. The
cart cote, at a mi
, nimum, must Include the following:
9. The name, address, and phone number of the oovered employer, a local contact
pers6n, and the specif c project for which the cov services contract is sou
Project C � . + '
Name of Contractor; 1►^r .ir►rt.
Contact perso e amr.
Address. F-3'. F '
Phone number.
. 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 contrapt:
i City Department(s):
Description of service or project
gyp! t
( vp
A en of the wage levels for-all employees;
' "co��aarsd
the fi�ul sentlaw" Contracts involving the ctty's w"ridirre of over $1DD,DDD per year and which include ]
lowing types of zervlm: Food Prapamtbon and/or Disttlbution; Secu* services;' Routine
intenance Services such as Custiodial Cleaning, Removal, R sir, finishing and ReWding:
Mar 9 eP
Cieridtsl or Other Non-Supervisory Office Work (whether temporary or parmaneM); Trgnspattiation and
Parwrt Services; Printing and Reproduction Servicsn; L.anftoaft, Lawn, and/or Agricultural Services; and
Park #nd Public Property Maintenance.
z 'serl oe contractor Is is any individual, corporation (whether #or profit or not for prof, partnership, limited ' 20( '2
lisblllty company, joint venture, or other businew entity who is- oonducting lousiness in Miami t3eaen , and
who ial either: (1) paid -in whole or part from one or more of the City's general fund, cepbl project funds, jh4 ini Mtn t7
special revenue funns, or any other funds, whether by competitive bid process, informal bids, requests for
proptools, same form of soticke ion, negotiation, or agreement, or any other decision to enter into a c*ntr aat;
or (2) (engaged in the business-of, or part of, a contract to provide, or a subcontract to provide, services, for
the beheft of the dty. However, tills does not apply to contracts related primarily to the sale of products or
425
05/02/2011 1 14:59 .813630756'3
JANTIZE TAMPA BAS' PAGE 04/16
i
!
A commitment to pay all covered ampioyees the (wing wage, as defined by
section 2- 408(a) and including, without limitation, any annual Indexes thereto (as
r provided in section 2-400(d).
Eive October 1, 20110, service contractors shall be required to pay all its employees
who provide services for coverer{ service contracts, the hourly living wage rates based
on the following three (3) year phase -in approach.
i Cammentving with City fiscal year 2010 -11 (October 4, 2010); the hourly living '
wage rate Mil be $10.16/hr. with health benefits of at least $'1.251hr, and
$91,411hrwithout benefits;
' Commencing with City fiscal year 2011 -'12 (October 1, 2Q'11), th e `houriy {wing
wage rate ME be $10.72ft with health benefits of at least $1,451hr, and
$12.9 71hr without benefits; and
Commenting with G "itY.ftscal year 2012 -13 (Qctabert 1, 2012), the hourly living
rate Will be $'s 1.28/hr with health benefits of at least $1.64thr, rand $12 .921hr
without benefits.
{ futSther untierstand and agree and ackna fledge that failure to comply with the Living
1Na a Ordinance .' uirerne shall conafitute a material breach of the contract by
whibh the City may iMMediataly terminate same.
1 dicjare under penalty ' Par}urY umdar :-the laws of - the State of Floride that the
forgoing is true and correct, and that t am authorized to bind ft , o n* shitty contractually.
E cuted thi �6.._d o , In the year i/ at
State
i that re . ,
am .; a of Signatory (please print) City, State, Zip Code
l
T M
Wage or a copy of the Ordinance, refer to the City of
1=or, , more information on the Living g
Miami Beach website: b=:/Web.:/Web. irement
City of Miami Beach { PRMUREMENT D I VISION
- 1700 Conve pion" Center Drive f third fioor I Miami Beach, FL 33139
T: 305,673.749D F: 78t;_31 x4000
procurement @miamibeachfl.gov
i
s 't- 1~eeltli 8enefrt5" shat!, at a minimum,
mean health ms=hce cm _cw which consists of wellness and
praVip,emve care, including maternity, and that meets the raqulramer>ts Of a "Standard hgatth benefits plan' as
defli'red in 9ubmmfion 627.8868 (IZ)(b)(4), Elands Statutes'`, as may be amended 'from rime to time.
wo 0yieornm)iied to provid1% exce public wrvica an m
d feY tp 011 who live, work, and p1w in our vibmnl, hoptwl, hworfc "mmuntty.
426
An
t � i 0.1 E WAGE
LIVING .
CERTIFICATION
Pursuant to Section 2- 40B(e) of the Miami Beach City Code, enti#led 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 certiftes 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 crust 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
speck 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 33465
Phone number: 407- 687 -6267
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: To be determined
City Departmerrt(s):
Description of service or project: Janitorial and related services
3. A statement of the wage levels for all employees; All ISS Facility Services Inc.. employees will
be compensated in compliance with the Living Wage ordinance for the City of Miami Beach
Florida.
"Covered services° Contracts involving the city's expenditure of overs1oo,00D per yearand which include the fe1lowing,4Tw
of services: Food Preparation andlor- Distribution; Security Services; Routine Maintenance Services such as Custodial; Cleaning,
Refuse Removal, Repair, Refinishing and Recycling; Cieircal or Other Non - Supervisory Office Work (whether temporary or
permanent); Transportation and Parking services; an
Printing and Reprotiuetion services; ldscaping, Lawn, and/arAgticultucaI
Services; and Park and Public Property Maintenance "Service contractor" is is any individual, corporation
(whether for profit or not for profit:), partnership, limited liability company, joint venture., -or other business
entity who is conducting business in Miami Beach, and whD is either. (1) 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 proam, 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, :or 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 related primarily to sale of product$ or poods.
r
-427
i
4. A commitment to pay all covered employees the living wage, as defined by section 2a 08(a) and
including, without (imitation, any annual indexes thereto (as provided m section 2 )
Eff ective 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
s
$10.161hr. with health benefits of at least $1.25/hr, and $11.4.1/hrvwithout benefits;
• Commencing with City fiscal year 2011 -12 (October 1, 2!7'11), the hourly living wage rate will be
nd'$12.1
$10.72/hr with health benefits of at least $1.45/hr, a , 2 with the b
ho u r lit li d rate will be
• Commencing with City fiscal year 20'12 -13 (October 1, 2Q1 �, Y H
$11.281hr with health benefits of at least $1.fi4 1hr, and $12.921hr without benefits.
I further understand and agree and aoknowledge that failure to comply with the Living Wage Ordi
requirements shall constitute a material breach of the contract by which the City may immediatel
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 I am authorized to bind this entity contractually
Executed this 3r day of May, in the ear 2011 at Coral Bprings
Si reface 9363 W Sample Road Coral Sora
ins, Florlds 33066
g
Dame of Signatory (please print) City, State, Zip :Code
:Laura Thompson
Titie:. Director of Business Development
For more information on the Living Wage or .a copy of the Ordinance, refer to the City ofMiami Beach
website: http:/ /web miamibeachff.Qoviorocurement
City of Miami Beach E PROCUREMENT DIVISION 1700
Convention Center Drive I third floor I Miami Beach, FL ( 33139 � 7B6 X94 4000
T: 305:673.7490
pr0curemerit a@miamibeachf1.9Dv
i
Health Benefits" shall, at a minimum, mean health insurance coverage which 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.
end satefy to a!1 who live, work, and play in our Wbrant
We are committed to providing excellent public service e , tropical, historic community.
f
3 ,
i
428
J
i
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 r 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:
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; i .
Project: S tic /3— t 4 1) i
Name of Contractor: O s
Contact person: ►A c-
Address: ..
Phone number: qt . 2..Q t = on DS
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;
i
Amount of contract: $ t�nY.InAws
City Department(s): `1 4 A S
Description of service or project: ;
cti
3. A statement of the wage levels for all employees;
v
' "Covered services" Contracts involving the city's expenditure of over s100,000 per year and which include
the following 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
Parking Services; Printing and Reproduction Services; Landscaping, Lawn, and/or Agricultural Services; and
Park and Public Property Maintenance.
21 contractor" is is any individual, corporation (whether for profit or not for profit), partnership, limited ,
�- 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, 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 a subcontract to provide, services, for
the benefit of the city. However, this does not apply to contracts related primarily to the sate of products or
goods.
429
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 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 benefits of at least $1.25 /hr, and
$11.41 /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
$12.171hr without benefits; and
■ ' Commencing with City 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 bind , State o f Flor d t t the 1
foregoing is true and correct,. and that I am autho rized to entity
4xecute s day of , in the year 2011 at 3AM3 S tate
c i ty
4 2-6 s vu si c �-1-
Mailing 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 miamibeadhfl aov /procurement
City of Miami Beach I PROCUREMENT DIVISION
1700 Convention Center Drive third floor I Miami Beach, FL ( 33139
T: 305.673.7490 I F: 786.394.4000
procurement@a mia>mbeachfl -gov
3 "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), Florida Statutes% as may be amended from time to time. \
1 nre comrnined ie ruovic ino e,cellenr public service and sole+N• is 0j; who live mvrl. anal pio�r in ow %4brnnr uopicof, his;ori commrmny,
430
LIVING WAGE
CERTIFICATION
Pursuant to Section 2- 408(e) of the Miami Beach. City Code, entitled Certrfcation
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- 4O8(a). A
copy of this certificate must be made avaliable to the public upon request. The
certificate, at a minimum, must include the following:
I . 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 Building Services
Contact person: Craig Saxner
Address: 7027 W. Bmward Blvd., #303 Plantation, FL 33317
Phone number: 554- 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 involving the city's expenditure of over. $100,000 per year and which Include
the following types of. services: Food Preparation and/or Distribution; security Services; Raubne
Maintenance Services such as Custodial, Cleaning, Refuse Removal, Repair, Refinishing and Rapycling;
Clerical - or Other Non - Supervisory Office work (whether temporary or permanent); Transportation and
Parking Services; Printing and Reproduction Services; Landscaping, Lawn, and/or Agricultural Services; and
Park and Public Property Maintenance.
2, Service contractor is is any individual, • corporation (whether for profit or not for profit), partnership, limited
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, intorrnal bids, requests for
proposais, 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 a subcontract to provide, services, for
the benefit of the city. However, this does not apply to contracts related primarily to the sale of products or
goods.
431
• � i
4. A commitment to pay all covered empioyees the living wage, as defined by
section 2- 408(x) and includin g, without limitation, any annual indexes thereto (as ,
provided in section 2- 408(4):
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: S
Commencing with City fiscal year 2040 -11 (October 1, 2010), the hourly living
wage rate will be $10.161hr, with health benefits of at least. $1.25lhr, and
$11.41/hr without benefits; hourt diving
■ Commencing with City fiscal year 2011 -12 (October 1, 2011), the y
wage rate will be $1.0.721hr 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 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 the. State of Florida that the
#oregoing is true and correct, and that I am authorized to bind this entity contractually., .
Executed this 10 day of M arch in the year 2011 , at Plantation FL
city State
7027 W. 'Broward Blvd., #303
Si Lure a ling Address
Craig Saxner Plantation, FL 33317
Name of Signatory (please print) City, State; Zip Code
President
T itle
For more information on the Living Wage or a copy of the Ordinance, refer to the City of
Miami Beach website: htto:/Iweb.miamibeachfi.gov/procurement
City of Miami Beach' 1 PROCUREMENT DIVISION
1700 Convention Center Drive 1 third floor ( Miami. Beach, FL 1 33139
T: 305.673.7490 1 'F: •786.394.4000
procurement@miamlbeachfl.gov .
3 °Health Benefits" shall, at a minimum, mean_ health insurance coverage which 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), Fiarids Statutes *, as may be amended from time to time.
We are committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, ircipicol, historic community.
432.
05/12/2011 14:3e 8136307569 JANTIZE TAMPA BAY PAGE 01/02
{
�**� •
MIAMI B Cf !
Gty of iV eami Beach, 1700 Convention Center Drive, Miami Bead, Florida 33139, www.miam!6eachfl.gov
PROCURtMENT DIVISION
Tel, 305.&37490 , Fax: 786 - 3444003
May 120 2011
Mr. Daniel Gorritz
Perfor�r ante Cleaning Group
7402 NV 5e Street, Ste 840
Tampl' F133817 Sent Via a -mail: danielgQ-poaciean.com
RE (ITB) NO, 13 -1 Oil 1 JANITORIAL SSRVICES CITYWIDE
Dear Vt. Gorntz:
It is the.poii6y of the City of Miami Beach that the custodial companies awarded contracts shall in
good .fdith offer those employees (other than managerial and supervisory employees) employed
under 6e predecessor contract'whose employment will be terminated as a result af award of these
contracts or the expiration of the contracts under which the employees were hired, a right of first
refusallof 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
custodfil company employed in connection with performance of the work. It is the policy of Me City
that all !employees hired by the oustodiai companies who were employed under the predecessor
contra& should be retained for at least a 90 -dajr transition period during which the custodial
company should refrain from discharging without cause any employee retained pursuant: to this
subsection.
Pleasekadvise if you're awarded a contract for janitorial services, if you would be agreeable to the
following contract provision:
NONDISPL>A►CEMENT 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 forwhich employees are qualified. The contractor and its subcontractors shall
determne the number of employees necessary for effici performance of this contract and may
elect tj employ fi war employees than the predecessor contractor employed in connection with
perfoAance of the work. Except as provided in paragraph (b) there shell be no employment
openin' 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' subcontractors 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 but in no case
shall 'tile period within which the employee must accept the offer of employment be less than
1.0 day15_
We are cmmined ro providing exreflent public service and safety to all who lies, wank, and ploy in our vibrant- voptcal, hisro ac community.
433
E)5/12/2011 14:30, 6138307569 JANTIZE TAMPA BAY PAGE 02/02
{b} Notwithstanding the obligation under paragraph (a) above, the contractor and any
subcon rectors (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 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
required to offer a right of,first refusal to any employee($) of the predecessor contractor whom the
contraoor or any of its subcontractors reasonably believes, based on the particular employee's past
performance, has failed to perform suitably on the job,
fc) The contractor shall, not less than 1 days before completion of this contract, furnish the
Procurement Director a certified list of the names of all service employees working under this
contra4 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
predecAssor contracts either with the current or predecessor contractors or their subcontractors,
The P cerement Director will provide the list to the successor contractor, and the.list shall be
provided) 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
remedi +s invoked against the contractor or its subcontractors as provided in the Miami Beach City
Cade ar as otherwise •provided by law.
xe). in every, subcontract entered into in orderto perform services under this contract, the
contra#r will include provisions fihat`ensure that each subcontractor will honor the requirements of
paregrAphs (a) through' (b) with respect to the employees of a predecessor subcontractor or
subcor6ctors working ,under this contract, as well as of a predecessor contractor and its
subcontractors:
Thy s�ibir4ntract shall aiso include provisiorts"to ensumthatthe subcontractorwiil
providd the actdr with the information about the employees of the subcontractor needed s the
contra for to cc3mpiy.wtih �parag �aph� 5(c); above. The contractor will take such action with respect
to any $uch subcontract as may be directed by the Procurement Director as a means of enforcing
such p #ovisions, including the 'Imposition of sena4oris'for non- compliance.
z ,
Pleasetadvise in writing, if you are agreeable to the aforementioned provision.
ThaWyou
l
Gus Lopez, CPPD
Directors
� cu
rement
Z 1 hereby agree in good faith to consider employing those employees under the predecor
{contract.
I do not agree with the provisions set forth in this letter, .and as such, I will hire employees as
?l see fiat.
I agree to consider those employees whose jobs maybe lost as a result of a contract award ,
- to my company under the following conditions:
Signat Print are - Tltle Date
we art cc9mn,ttJsd pwvidhig excellen o lio service and safety to all who live, work, and ►n our vibrant. tropical, hi storic community.
434
i
M IA M IBE AC H
City of Miami Beach, 1700 Convention Center Drive, MiQmi Beach, Floridei 33139, www_midmihedchFI_gov
PROCUREMENT DIVISION
Tel; 305.673.7490 , Fax: 7W94-4003
May 12, 2019
Mr. Omer Quintanilla ,
amarcio Gleaning Services, Inc.
426 SW stn Street
Miami, Fl 33130 Sent Via e omarciocs(ZDwahoo.com
RE: (ITB) NO. 13-10111 JANITORIAL SERVICES CITYWIDE
Dear Mr. Quintaniila:
It iS the policy Of the City of Miami Beach that the custodial companies awarded contracts s hall 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 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 ompioyod 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-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:
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 emp loyees
(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 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 bontractor 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 subcontractors shall make an express offer of employment to each arnployea 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
1 0 days.
We orr� c to providing Bkv A-,n1 public szmco and salty b all who live, wvrl:, and ploy in our vibrant, tropical, historic community.
435
(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(e) 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 omployee(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 co ntractor shall, not less than 10 days before completion of this contract, furnish the
Procurement Director a certified fist of the names of all 4ervica 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 contractor s or_ their subcontractors.
The Procurement Director will provide the list to the successor contractor, and the list shall be
provided on requost to employees or their representatives_
(d) If it is determined by the City Manager, that the contractor or its subcontractors are net
In compliance v ith the requiremcnts 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
contracl:6 Will include provisions that ensure that each-subcontractor wllI honor the.renuirement. of
paragraphs (a) through (b) with respect to the .employees of a predecessor_, subcontractor or
subcontractors working under this contract, as well as of a predecessor contractor and its
subcanfraatars, The'subconttect shall also include provisions to ensure that,the subcontractor will,
provide'the ~contrectorwith the information -rabout the employees of the - subcontractor needed by the
contrra+ctrar' to comply �r dh paragraph S(c), above. The contractor will take such.acE an with respect
to any such subcontract as may be directed by the ,Procurement Director as a means of enforcing
such pr'ovisions, includirip`the imposition of sanctions for non compliance.
Please advise in writing, if you are. agreeable to the aforementioned provision,
Thank.you,
Gus Lopez, CPPC
Director of Procurement
i hereby agree in good faith to consider employing those employees under the predecessor .
contract.
I do not agree with the provisions set forth in this fetter, and as such, I will hire employees as
1 see fit.
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:
_ ure Print Name - Title Date
W18 oIt` commtned to providing excellent public service and safety to ❑U who live work, and play in ovr vibrant, tropical, {+caloric community,
436
I
y
�BEACH- -
c" of Miami Beach, 1700 Convention, Center Drive, Micmi Beach, Florida 33 wK , w.miamiFle0chFi.9av
PROCUREMENT DIVISION
Tel: 305.673.7490 , Fax: 7863944003
May 12, 2011
Mr. Craig M. Saxner
Professional Building Services, Inc.
7027 W. Broward Blvd
I
Plantation, .Fl 33177 Sent Via e-mail'. Craig - professiortalb iildingservices,i>zt0
I RE: (ITB) NO. 13 -10191 JANITORIAL SERVICES CITYWIDE
Y
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
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 wok it isthe 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-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:
i 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 will be terminated as a result of award of this contract or the expiration of the
l contract under which the employees were hired, a right of first refusal of employment under this
i 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
I 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 priorto 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 less than
10 days.
i
l -
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 for the cordractor
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 offirst 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
required to offer a ri ght 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 16 days before completion of this contract, furnish the
y,.
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
contain anniversary dates of employment of each service employee under this contract and its
redecessar 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 shall be
provided on request to employees or their representatives.
a..::
�r (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 provisions that ensure that each.subcorttractor will honor the requirements of .
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
provide`the contractor'with the information about the emp16.yees,of the'subcontractor needed by the
contractor to comply with paragraph 5(c), above. The contradtorwill;takesudr action with respect
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 a greeable to the aforementioned
g, y ag provision.
p
Thank you,
Gus Lopez, CPPO
Director of Procurement
I hereby agree in good faith to consider employing those employees under the predecessor
contract.
I do not agree with the provisions set forth in this letter, and as such, I will hire employees as
see fit
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:
/I �Iu
I
i
S' re Print Name - Title Date
I
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i
i
I
'438