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Performance Cleaning Group
MIAMIBEACH 1 l ADDENDUM NO. 1 TO CERTIFICATION OF CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND J T BAY, LLC D /B /A PERFORMANCE CLEANING GROUP 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 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 Fist 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 WRITTaftUQ TO CONTRACTOR. 1 .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 empla,=esst be f or i E-gtish: 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 aused this dde 9 nd m No. 1 Certification of Contract to be si 'ned and attested on this day of, 2011, by their respective duly .authorized representatives. A 'O CITY OF MIA I 7.. By re Edward L. Tobin Vice -Mayor �- /c -- Print Name. Date D to .ATTEST: ATTEST: . _.. Alter Secreta / Si u City Clerk Print Nam ` ` Date F : \PURC \$ ALL \MARTA \Bids \10 -11 \Janitorial Services \Contracts\Performance Addendum No 1.doc APMO D AS TO FORM & LANGUAGE A FOR EXECUTION - - 2 M 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): J T Bay, LLC d /b /a Performance Cleaning Group ESTIMATED ANNUAL CONTRACT AMOUNT: $266,244 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 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 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 J T Bay, LLC d /b /a Performance Cleaning Group 7402 North 56 Street Tampa, Florida 33617 Attn: Daniel Gorritz Phone: 813 -985 -5400 Fax: 813- 985 -5415 E -mail: danielq(o)pcgclean.com 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 an Contractor h ve caused this Certification of Contract to be signed and attested on this day of -,2011, by their respective duly authorized representatives. CO T R CITY OF MIAMI BEACH v B By nature Edward L. To Vice -Mayor C 11-V ,' g -1d Print Name Date D to L ATTEST: Si ur - City Clerk Print NamW Date _ D e FAPURCULLWARTA \Bids \10 -11 \Janitorial Services \ContractsMT13- 13 -10 =11 Performance Cleaning Group.doc APPROVED AS TO FORM & LANGUAGE FOR:EXECUTION l Date 5 C iO°` ° CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 08108/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may . require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (813) 988 -1234 Fax: (813) 988 -0989 CONTACT Ma Ka ASSOCIATES AGENCY, INC. NAME: Mar y FAX PO BOX 16190 A/c No E)q : 81'3 988 - 1234 (A/C. No): (813) 988 -0989 E-MAIL ma ka associatesins.com 11470 N. 53RD ST. ADDRESS rY Y@ PRODUCER 12878 TEMPLE TERRACE FL 33687 CUSTOMER ID: Agency Lic#: R001766 INSURER(S) AFFORDING COVERAGE N J T B AIC # INSURER : OWNERS INSURANCE CO. 32700 J T BAY, LLG ' DBA PERFORMANCE CLEANING GROUP INSURER B : FCCI INSURANCE CO. 10178 7402 N. 56TH 7ST. SUITE 840 INSURER C TAMPA FL 33617 -7733 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 227948 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INSR TYPE OF INSURANCE ADD'L SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM /DDIYYYY (MM/ MlYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ CLAIMS -MADE 7 OCCUR MED. EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'C AGGRE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ { PRO - POLICY I -�JE LOC $ A AUTOMOBILE LIABILITY 4876817300 03/25/11 03/25112 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALLOWNED AUTOS ' BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE X: HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION WC STATU- ' AND EMPLOYERS LIABILITY .11-211 04118/11 04/18/12 X TORY LIMITS _ 0TH Y /N- $ ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER /MEMBER EXCLUDED? I� N/A $ 100,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE 100 000 If yes, describe under $ � DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Miami Beach is an additional insured. CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1700 Convention Center Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach, FI 33139 AUTHORIZED REPRESENTATIVE Attention: . Bar Rya ACORD 25 (2009/09) , ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD- Ac� �. DA ,..., CERTIFICATE OF LIABILITY INSURANCE TE(MM/DD/YYYY) 8/8/2011 PRODUCER ( 813) 876 -4166 FAX: (888)638-3661 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brier Grieves Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3617 Henderson Blvd ALTER THE COVERAGE AFFORDED BY THE POLIC BELOW. Tampa FL 33609 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Amer States Ins Co J T Bay, LLC dba Performance Cleaning Group, INSURER B: 7402 North 56th Street INSURER c: INSURER D: Tampa FL 33617 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION CTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YYYY DATE MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 A - X CLAIMS MADE OCCUR 01CI45666110 03/16/2011 03/16/2012 MED EXP (Any one person) $ 5 1 000 PERSONAL & ADV INJURY $ 1 , 000 ,000 GENERAL AGGREGATE $ 2 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1 , 000 000 X POLICY PRO- n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS 1 (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG . $ EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N T RY i wg a I I ER ANY PROPRIETOR /PARTNER /EXECUTIVE ❑ E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes,, describe under E.L. DISEASE - EA EMPLOYE $ SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate Holder Is Also Listed As Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Miami Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 17 Convention Center Drive Miami Beach, FL 33139 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL . ' IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Brier Grieves /BUCHKA ,G� X�icev ACORD 25 (2009/01) O 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200901) The ACORD name.and logo are registered marks of ACORD , 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.7he 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: ISSFacility'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: 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 (1 , 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 Street Garage OBPI .6 $3;184.00 Public Works Water Account 425- 0410- 000325 . 6 $3,164.00 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 - De ai tment Director Assistant Ci , Mana er Citywanager GL FB SF DB PDW JMG TAAGENDAl201116- 01 -11UTB 13 -10-11 Janitorial Services SUMMARY.doc AGEN ITEM. 401 DATE - M IAMIBE A CH City'af Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayo_ r Matti Herrera Bower and Members of City Commission G nzalez Ci Man FROM Jorge M. o y g (� 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 CITY HALL PARKING GARAGE; PURSUANT TO INVITATION TO BID. NO. 1340/11, . FOR JANITORIAL SERVICES CITYWIDE `IN' THE ANNUAL AMOUNT OF $1,3:11,099.60; 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 h i 13 17" 42" Street, City Hall and Pennsylvania Av. Garages) $82,800 Parking Department Account 142 -6976- 000325 (7 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- 1210- 000325 $1 Total ANALYSIS ' The purpose of nvitation 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 renewed by mutual agreement for 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 - ITS 13 -09110 Janitorial Services July 13, 2091 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 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 asthe 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 forthese newfacilities. 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 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. Omarcio Cleaning Services ~■ Come Land Maintenance Co. Performance Cleaning Group 403 f 1 f Commission Memorandum.- ITB 13 -09110 Janitorial Services July 13, .201 9 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, 2011 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 Andina, :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 Hail 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 theywere 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, to the - second ranked companies. 404 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.lsle 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 amournt 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 s 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 Responsibility Plan, including their willingness to hire residents and green initiatives; their experience and qualifications were. more than satisfactory. All companies were reminded ofthe.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 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 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 everyreasonable 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. The company has been in operation for over 5 years, with clients that includeTampa Port Authority, City of Boynton Beach and Duval and Orange Counties Health `Deparments. PCG is certified by the Green Clean Institute; its:cor orate responsibility onsibili plan included green cleaning initiatives,,as well as efforts to hire lo ca[ p g g cal City of Miami Beach residents to help with` local unemployment. ProfessionakBuilding 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 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 20113. The table below shows savings realized from an award pursuant to 1TB 13- 10111: 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 v 545,387.82 ITB 13 -10111 Annual Cost Facilities and Garages 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 Savin sthrou h 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' 1 (recognition) agreements with SEW Local 3213.1. 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 . i i Commission Memorandum - lTB 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 SEW 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' .. # was not the intent of the agreement nor had it ever been enforce_ d, Mayor Bower stated that she will like to be notified via LTC if this was new language in this contractor 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 ocations:..Ci Hall Parkin Gara a and Offices Located at City all 9 #y� Parking. g = y 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. 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TME r • r ,s�� S jai tFav:��a�m �a�s� -° 'a �`���" • • • • o. e. •. e. e. •. o. . -a �t is +°te G 1 , y� :.�` 4 � , � L � o � s s • v • M �''' ...a a� a� a� a� • go • • • e r qa ATTACHMENT B - AWARDED COMPANIES Pagel of 2 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:Cleanin 16 :$728,826.00 Performance Cleaning 13 $266,244.00 Professional Building 9 $248,905.08 Total amount 41 $1,311;099:60 Current Cost $1 , Savings $234,288:22 * 19 of the 41 facilities were awarded to the lowest bidder.. * 2 of the .41 faciiites 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 Faci l'i Company Name Monthl y Cost Annual Cost 1 Ci Hall Omarcio Cleaning $9,950.00 $119,400.00 Offices. Located at the City Hall Parking *2 Garage Omarcio Cleaning $3 $43;763.40 3 . 777 Building (City Hall Annex Bld) ISS Facility Services $3,120.20 $37,442.40 4 555 = Buildin ISS'Facili Services $1,488.42 $17,861.04 5 Scott Rakow Youth Center /Ice Rink Performance Cleanin $7,014.00 $84,168.00 6 Police Station Professional Building $13,706.67 .$164,480.04 7 Fire Support Services Omarcio Cleaning $500.00 $6,000.00 8 South Shore Community Center Profes Buildi $2,765.75 $31189.00 9 North Beach Police- Substation Professional - Building $465.00 $5,580.00 10 21st Street Recreation Center Performance Cleaning $1 $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 Nort Shore Rec & Tennis Center Performance Cleaning $6,985.00 $83,820.00 14 North Shore Open Space Offices Performance Cleaning $408.00 $4,896.00 15 Muss Park Perfor mance 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 F i9 _ TairWayPark Performance Cleaning $398.00 $4,776 .00 * Locations- being rejected and renewed with Omarcio under RFP 4 -07108 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 $0,000.00 Property Mgt Office and Maintenance 24 Facility Professional Building $1,056.67 $12,680.04 25 Beach Patrol Office Omarcio Cleaning $790.00 $9 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 Base /Soft/Football Restr Performance Cleaning $1,142.00 .$13,704.00 30 Public Works Operations Bu ilding 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 I Professional Building $425.00 $5,100.00 Total Cost Facilities $67,369.75 $808 Item Gar'a` a Cornpan Name Monthly Cost Annual Cost �, g $00''C'.0 - 1 7 Street Garage Omarcio Cleaning 0 $84800.00 2 12t Street Gara 9 a Omarcio Cleaning $1,6fi0.00 $79,920.00 3 13' °Street Garage Omarcio.Cleaning $1,6fi0.00 $19,920.00 Ornarclo Cleaning 4 16 Street Garage $6,460.0.0 $T7,520.00 5 17 Street Garage Omarcio Cleaning $8,100.60 $97,200.00 6 42 " Street Garage Omarcio Cleaning $2,540.00 $30,480.00 Omarcio Cleaning *7 City,. Hall Garage $6,368.55 $76,422.60 Omarcio Cleaning 8 Penn Garage $8,200.00. $98,400.00 Total Cost-Garages $41,888.55 $502 Total Cost Facilties and Garages $109 $1,311 099.60 * Locations being rejected and renewed with Omarcio under RFP 4 -07/08 424 05/02/2011 14;59 8138307569 JANTIZE TAMPA BAS PAGE 03/16 r } /, E AC LIVING WAGE CERTIFICATION Pur*uant to BeWon 2- 408(e) of the Miami Beach City Code, eri ied Cerfficadon reg4ired befam Payment °Any and all contracts for covered services' may be voidable, andino funds may be reieased, unless prior to entering any agreem ent with the cfty,, #pC a covered 'services contract. the service aontrector certifies to the city► that ft will pay each of its covered employees no less than the living wage - described in section 2- 408(a). A copl of this certificate must be made available to the public • upon request. The aert irate, at a minimum, must include the following: 'i. The name, address, and phone number of the oovered employer, a local contact person, and the speof c project far which the covered servims contract is sough t Project t` u� i Name of Contractor, ' Contact person:, Add Phone number. :2. The amount of the covered services contract, a brief destfiption of the project or , servioe provided and the city department the contract will serve; Amount of contract: Cfty Departmen4s): Description of:sefta or project: �a1t !. A men taf the wage le vels for all employees; f "co��aared services" Contract involving the city's expondmure of over - $1DD,DDO per yamr and which include the fi Bowing types of servion: Food Preppration and/or Dish'Ibution; Security Services;' Routine ainte'nance Services such as Custodial Cleenin , hme Removal Re0air, Refinishing artd Rsay dim: l Cleric*� i -or Ober NorrSuparftory Office Work -(vhethw temporary or permanent); TrenspoilAtion 'rand Partied Services; Punting. and Rsproducdion Servicac; l:andsoapft, !_awn, and/or Agricultural Services; and Park and Public PropertyMaintenance. z 'Ser*loe contractor° Is i$ any individual, corporation (whether #or profit or notfor profit), partnership, lire "d ,? 0( liablllty =mpany, join venture, or other businims entity who Is,eonclucting lousiness in Miami Beach, and Gta(i who is; either. (I) - paid in whole or part from one or more of-the Clty's general fund, capital project funds, f►4ini 1 specie i revenue funtia, or any other funds, whether by competitive bid process, informal bids, requests for propo4als, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract~ or (2) engaged in fire busir 6w or part of, a contract to provide, or a subcontract to provide, serviwr,, for the behefit of the qty, However, this does not apply to contreets ralated prnnarliy to'ihe sate of products cr �z 425 05/-02/2011 ' .14:59 E3138307589 ,7AN7IZE TAMPA BAY PAGE 23B3 @7569 04/16. i . A commitment to pay all covered employees the hiving wage,. as defi s Section 7 - 40B(a) and including without limitation, any annual thereto ( a provided In section 2-408(d), Ef five October 1, 20'10,.$ contractors shall be required to pay all its employees W hoa provide services for ooversd service contracts; - the hourly living wage rates based on the follcWrig three (3) year phase -•in ap proach: CpmmenCing with City fiscal year 2014.11 (October 1, 26'10), the hourly living wage rate will ' be $10.161hr..wifh health ben efits of at least $�t.251rmr, and $11.411hr 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 ,45W, and $12.17/hrwithovt benefits; and, 2pg2) the' hourly living Commencing with City fiscal year 2042 -13 (October 1, , raft w1l $11.281hr with health benefits of at least $1.641hr, and $12.92/rml without benefits. 1 further understand and agree and acknowledge that fallure to comply with the .Living ; �►Ua t~ Ordinance requiremants shall consfitute a material breach of the cor ;Var-t b y vuhih the City may imr'nediately terminate same, under :the laws of °the State of Florida that -the I ,.declare under �penalty -of pe} u � forgoing is true: and correct, and That l am authorized to bind this entity ccntcactueliy., Exaauted tfii.d o , in the year tr , at ►�-, �AJ i 1h re - Mailing dress Name of Signatory (please print) City, Ste, ZP Oode Fo infarmabon on the living Wag e or a copy of the Ordinance, refer:ta the City of Miami teach website: nom. /!web miamibar�cF_aaviorccmarement ? Ctty of Miami Beach ( PROCUREMENT DIVISION 1700 Convention Center Drive third Haar Miami BaaCh FL (33139 T: 305,673.749p (F.. ?8B_3A4,40(10 pr ocureme mrarrtiit achfl.gov 'Haab Benefiw" shall, st' s minimum, mean health inaumnw 0MM9e which consOte of wellness and pray mve cars, including ma rr*, and that requ irements i� ame�dad t�ram� Bbo ti � Plan' as doihed in 8ubseation 627.9868 0Z)(h)f � ), o VVa hi��nm ►clad to providfr� exralfenf public aprvJec and lakfy tQ C.11 wno 1fre, .va,k. and ploy in our vibmnt, hvpfcal, hisfaric cammun►1y. i S ; 1 I BE A C H LIVING WA CERTIFICATION Pursuant #o 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, theservice contractor certifies to the city that It will p each of Its covered employees no less than the living wage described in section 2- 408(a). A copy ofi this .cerFificate must be made available to the :publid 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: Bid .# 13-10111 Name of Contractor: ISS Facility Services trio. Contact person: Laura Thompson Address: 9363. W. Sample Road Coral Springs, Florida 33 Phone number: 407- 687 -5267 . 2. The - amount of the covered contract, a brief description of the project or service provided and the city department the contract will serve; . Amdunt of contract: To be determined City Departme it(s): Description of service or project: Janhoriai and rotated services. 3. A statement of the wage levels for all employees, All ISS Tacliity. Servicas ina..-employees will be compensated in comptiance with the _Living Wage ordinance for the City of Nliami Beach Florida. "Covered services" Contracts involving the city's expenditure of over$100,00D W yearand which include the fo1l0V1ing types of services: Food Preparation andtor Distribution; SecxU ty .Services; Routine Maintenance services.such as Custodial, Cleaning, Refuse Removed, Repair, Refinishing and Recycling; Clerical or Other Non - Supervisory Office Walk (whether temporary or permanent); Transportation and Parking Services; Printing and Reproduc Lion Services; .Landscaping, .lawn, andtor Agricultural Services; end Park and Public property Mairrtenance "Service contractor" is is any individual, corporation (whether for profit or not for profit), partnership, limited liability company, joint venture, nr other from o n e . entity �whp is t~onducting business m Miami Beach, and whD is either: (1) paid in whole or Pa - from one or more of the City's .general fund, capital project funds, special revenue funds, or any other funds, whether by rompefitive bid pnacess, informal bids, requests for proposals, some form of solicitati on, negotiation, or agreement, or, "any other decision to enter into a contract; or (2) engaged in the business of, : or part ot, a contract to. ar a subcontract to provide, services, for the benefit of the clay. However this does not apply to contracts related primarily to the sale of products or.pood 427 4. A comm pay all covered employees the living wage, as defined by section 2a 08(a) and including, without limitation, any annual indexes. thereto (as provided in section 2 ) Effective October 1, 2010, service contractors shall be required to pay all its employees wh 3oveaer services for covered service contracts,, the hourly living wage .rates Wised on the following three C Y phase -in approach: Commencing with City fiscal year 2010 -11 (October 1, 2010, the hourly living wage rate will be $1D,1 filhr. with 'health benefits of at least $1.25/hr, and . $11.4'1 /hr without Commencing With fiscal - year 2011 -12 {October 1;�ZD't1), the hourly. icing wage rate will be $10.72 /hr with health benefits of at least $1 without benefits; and :45 /hr, and'$12.17 /hr Commencing with City fiscal year.2012 -13 (October 1, 20 12), the hourly living rate will be $11.281hrwith health benefits of at least $1..54 /hr, and, $1.2:g2/hrwithout benefits. I further understand and agree and aoknowledge that failure to comply with the Living W ag irn� ediatel requirements shall constitute a material breach of the contract by which the City may y terminate same. I declare under penalty of perjurer .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 3 d day of M_3Y, in the ear 2011 at Coral Springs_ Signature 93931111 - Sample Road Coral Sorinps, Florida 33066 Dame of - ;Signatory (please print) City, State, .dip '.Code Laura Thompson Title: Director of Business Developme 'For more information on the Living 1Nage or .a copy of the Ordinance, refer to the City cfMiami Beach website: http:/ /web miamibeachfi.goviprocurement_ City of Miami Beach ( PROCUREMENT DI1/ISION 1700 Convention Center Drive I third floor l Miami Beach, FL ( 33139 : 7Bg.39zi.4000 T: ` 305.673.7490 1 Procurement@miamibeachfi.gov ' , Health 'Benefits" shall, at a minimum, mean health insurance coverage which consists :of wellness and preventive cars. including ma#emitx, and that meets.the requirements of a "standard health benefits plan" as defined in Subsection 527.6698 (12)(b)(4), Florida Statutes*, as may be emended from time to time. 1 3 WE are committed to providing excellent public service end safety to afi who five, work, and play in nur vWbrani, tropical, hiBtnric community. 428 LIVING WAGE CERTIFICATION Pursuan# 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 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: .� 1 S Inc /3— t Q t) Name of Contractor:' Contact person: 4 Arl-i 'ILA Address: .. Phone number: V Z, 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: $ _y�X�r►��r ► City Department(s): �� ► �.>jL.a t}� S Description of serv or project: 3. A statement of the wage levels for all employees ;. rNen . r u� �� 4t�tC ��n► e�•1' "Covered services" Contracts involving the city's expenditure of over .$100,000 per year and which include the following types of services Food Preparation andior 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 Agricultural 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, ' o 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 sale of products or goods. 429 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 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.ZSlhr, and $11.41 /hr 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 will be $11.28/hr with health benefits of at least $1.64 1hr, 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 City may immediately terminate same. I declare under penalty :of perjury under the laws of the thi entity o f contractual4y. the foregoing is true and correct, and that 1 am authorized to dY 4xeoute day of „�, 9�n.r in - the year 12 , at M 5 A= r 5— ' City Math ng Adaress t � Na of Signatory (please print) City; State, Zip Code 1 Title For more information on the Living Wage or a copy of the Ordinance, refer to the City of Miami .Beach website: http' / /web miamibeachfi oov /procurement City of Miami Beach I PROCUREMENT DIVISION 1700 Convention Center Drive ( third floor I Miami Beach, FL 133139 T: 305.673.7490 1 F: 786.394.4000 procurement @rniiMibeachfl.gov a' "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 627.6599 (12)(b)(4), Florida Statutes', as may be amended from time to time. +V "P are commined m prcn•idina e.celienr public service and sole+<< to aP Mho live. 011. anal pia; in our kdbrant tropical, lriuori: cammuntiv.' -430 i t LIVING WAGE CERTIFICATION Pursuant to Section 2- 408(e) of the Miami Beach City Code, entitled Cett� cation required before payment. "Any and all contracts for covered services' may be voidable, with the city for a and no funds may be released, unless prior to entering any agreement covered services contract, the service contractor? ceriif es to the city that it will pay each of its covered employees no less than the living wage described in section 2- 408(x). 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: Cttywlde Janitorial Services Name of Contractor: Professionai Building Services Contact person: Craig Saxner Address: 7027 W. Broward Blvd., #303 Plantation, FL 33317 Phone number: 854473 -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. Departments) 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 $100,600 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. Z *Service contractor is is any individual, - corporation (whether for profit or not for pront), partnership, limited liability company, joint venture, or ather: business entity who is conducting business in Miami Beach, and _who is either: (1) paid in whole or part trofn 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 declsion 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 cit)r. However, this does not,apply to contracts related primarily to the sale of products or goods. 431 4. A commitment - to, pay all .covered employees the living wage, as defined by " section 2- 40B(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 wh6 pr °ovide 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 $10.161hr. with health benefits' of at least $1.251hr, and $11.41/hr without benefits; hourl iivin ■ Commencing with City , fiscal year 2011 -12 (October 1, 2011), the y 9 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 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 the Living Wage Ordinance requirements shall constitute a material breach of the contract by _ which the,Ciiy may immediately terminate same. I declare .under .penalty of perjury under, the, ,laws off. the State ojf - Florida that the foregoing is true and correct, and that 1 am authorized to bind this entity contractually.' Executed this. o day of .. Ma, in the -year 20 =_.., at _ Plantation FL City i : State `7027 W. Broward Blvd., #303 Si ture Mailing Address 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: http•liweb miamibeachfl Qovlprocurement .. City of Miami Beach PROCUREMENT DIVISION 1700 Convention Center Drivel third 1 Miami Beach, FL 133139 T: 305.673.7490 1 'F: 786.394.4000 procurement @miamibeachfi.gov 3 "Health. Benefits" shali, at a minimum, mean health insurance coverage which .consists of wellness and preventive care, including maternity, -and that meets the requirements of a "standard heedth.benefits plan" as defined in Subsection 627.6699 (12)(b)(4), Florida Statutes*, as may be amended from time to time. We are commuted io providing excellent public service and safely 1c) all who live, work, and ploy in our vibrant, tropical, historic community. 432 05/12/2011 14:30 B1363e7569 JANTIZE TAMPA BAY PAGE 01/02 'MIAM y 1BEACH City of Aami beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeochfl.gov PROCURIiM1ENT DIVISION Tel; 305:'3.7490 , Fax: 766,3944003 May 12 '20 11 Mr. Daniel Gorritz Perforr4ance Cleaning Group 7402 5e S treet, Ste 840 Tampi , F133617 Sent Via email: danielgor)cgclean.com RE: [ITE) NO. 13-10111 JANITORIAL StRACES CITYWIDE Dear Mir. Gordtz: It is the.policy of the City of Miami Beach that the custodial companies awarded contracts shall in good Edith offer those employees (other than managerial and superviso employ6es)' 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, aright of first refusalf employment under this oontract in positions for which employees are qualified. The custodial companies shall determine the number of employees necessary for efficient perforriance of this contract and may. elect to employ fewer employees than the predecessor custodial company employed in connection with performance of the work. It isthe policy ofthia Cfty that all lemployees hired by the custodial companies who were employed under the predecessor cone adt should be retained .for at least a 90-day transition period during which, the custodial compathy should refrain from discharging without cause any employee retained` pursuent to this subsection. Pleasepadvise if you're awarded a contract for janitorial services, if you would be agreeable to the following contract provision: NONDtSPLACEMENT 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 Phan managerial and supervisory employees) employed under the predecessor contract whose 'omployment will be terminated as a result of award of this contract. or the expiration of the contradt 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 determine the number of employees necessary for efficient performance of this: contract and may eject t+ employ fewer employees than the predecessor contractor employed in conneotion with perfornthance of the work.' Except as provided in paragraph (b) there shell be no employment opening under this contract, and the contractor and any subcontractors shell not offer employment underthis contract, to any person priorto having complied fully with this obligation. The contractor and its 3subcontractors 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 the period within which the employee must accept the offer of employment be less than 10 da* we ore commmed t6 Qroviding excellent public service and safoiy to of/ v�o Iry , work, and ploy in our Wbront,.coptcol, .histgrk community. 433 05/12/2011 14:30 6136307569 JANTIZE TAMPA BAY PAGE 02/02 i(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcon raptors (1) may employ under this contract any employee who has worked for the contractor or subintractor for at least 3 months immediately preceding the commencement of this contract and whin would otherwise face lay -off or discharge, (2) are not required to offer a right of first refusal to any employea(s) of the predecessor contractor who are not service employees within the meining 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 falled 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 contrack and its subcontracts during the last month of contract performance. The list shall also contains 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 P curement Director will provide the list to the successor contractor, and the list shall be . proved* 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 remedi +s invoked against the contractor orAs subcontractors, as provided in t he Miami Beach City Code; dr as otherwise provided by law. e in every subcontract entered into i order to.perf services under this contract, the contmcpf wit[yinolud ai provisions that "e nsurelhat eath-subcontraotorwlll requirements of paragraphs (a) through (b} wlth respect' to the eibOloyees of a 'predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcon rectors Thlr= subcontradt shall also include provWoft ensurie -the subcontractorwill g ctar with the hnformation aboutthe employees of:the subcontractor needed by the Ic r - con t comply with paragraph` 5(c), above. Ttie` contractor will take suc action with respect to any - subcontract as may be directed by the:ProcurementDirector as.a means of enforcing - such pf ovisions, including the impasitiori of sancfioris`ft rnone- compliance. Pieasetadvise in writing, if you are agreeable to the aforementioned provision. Thanidyou, Gus I_ ez, CPPQ Director o ocurement i I hereby agree in good faith to consider employing those employees under the predecessor =ntract. �l clo not agree with the provisions set forth in this letter, and as such, I will hire employees as -- I 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: 4, 2-n*-at rint P ame -`'C Itle Date We o ftd pttidhig mellen blic service and scfeiy to all Who five, %Wk, acrd 1, our vlbront, tropical, htstoric community: 434 . i M I ANV BEACH City cif Beach, 1700 Convention Center Drive, Miami Heath, Florida 33139, www.miomibe!ochfl.gov NROC uREMENT DIVISION Tel: 305. 673.7490 , Fax: 7W. 4.4003 May 12, 201'1 Mr. Omar Quintaniila Omarcl4 Cleaning Services, Inc. 426 SW Bt' Street Miami, FI 33130 Sent Via e- mail: ornarciocsftyahoo:com RE: (ITB) NO. 13 -1 0119 JANITORIAL SERVICES CITYWIDE Dear Mr. Quintanilla: It is the policy of the City of Miami Beach that the custodial companies awarded contracts shall in goad 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 they contracts under which the employees were hired, a right of first refusal of employment antler 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 omploycd in connection with performance of the work. It is the,polley 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 durin.9 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 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 and its subcontractors shall determine number of employees necessary for efficient performanr* of this contract and may elect , 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 thi contract, and the contractor and any subcontractors shall not offer emp lo y m ent under this contract, tawny person prior to having complied fully with 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, We orr� commitfrd to prnodinci ma:r.:llcnt public .17mco and saipty to a who live, vvv rk, and ploy in our vibrant, tropiczl, hi siotic community. -435 (b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subaantroctor: (1) may GMPtoy 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 the meaning of the Service Contract Act of 1965, as amended, 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. u (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 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 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 not In compliance with tics 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, ar as otherwise provided by law. (e) In every subcontract entered into in order to servipe5 this contract, the contractor will inolude provisions that eneuro that each subcontractc►r will honorthe requirement 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 subcoritractQ The °su b e6htract�shall als o - include pro to ensure that the sub contractor will p ravide the'contrectorwith information-'about.the empioy..ees of thesubcontryactor by the contractor to corh0ly with' paragraph S(c), above. The> oontractor will take. such aoE an with respect to any such subcontradt as may be directed by the;Ptocurement Direptvr as a means of enforcing suoh provons, mcludin 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.: I do not agreewith the provisions set forth in this letter, and as such, I will hire employees as i see fit. I agree to consider these employees whose, jobsmay be lost-as a result�of a contract award to my company under the following conditions: ure Print Name - Title Date We Corti cm inim -d to prc+vid+no exr --nt public aervtce and .wiety to ell why live, work, and ploy in our vlb rpnt, tropical, hrvivrir comm -436 I . l c B E A C H cit of Miami Beach, 1700 Convention; Ceniirr Drive, Miami Bead., Florida 33139, wvvw.niinmibsacijh.g0v PROCUREMENT DIVISION. - Tel: 305.673:7490 , fax. 786394.4003 . May 12, 2011 Mr: Craig M. Saxner Professional Building Services, inc. 1 , 7027 W. Broward Blvd Plantation, =FI 33177 Sent Via e-mail: cra"s cln7 professiortalbuildings ervices,info RE: (iTB) NO. 13-10111 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 refusal of employment under this contract in positions for which employees are qualified. ` The custodial companies shall determine the number of employees necessary - forefficient -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 isthe policyof the City g that all employees hired by the custodial companies who were employed underthe . 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 m subsection. Please advise if you're awarded.a contract for janitorial services, If you would be agreeable to the following provision: N01 DISPLACEMENT 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 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 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. - 437 f : Nt (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 r . 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 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 failed 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 Gist shall also contain anniversary dates of employment of each service employee under this contract and its i p redecessor contracts either with the current or predecessor contractors or then'' subcontractors. B 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 it is determined by the City Manager, that the contractor or its subcontractors are not a-: and In compliance with 'the requirements of this clause, appropriate sanctions may be imposed 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 wiil provisions that,ensure that,each subcor}tractorwill honor the.reyuirements of s paragraphs (a) through (b) with respect to. the employees of a predecessor subcontractor or subcontractors working under this contract, as we as of a predecessor contractor and its subcontractors. The - subcontract shall also include provisions to ensure that the subcontractor will provide the contractorwithAhe information about the employees of the subcontractor needed by the x contractorto:complywith paragraph 5(c above. The contractiorwili take such action with respect w to any.':such subcontract as maybe 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, • N - jt Gus Lopez, CPPa . lt. Director of Procurement I hereby agree in good faith to consider employing those employees under the predecessor contract. i d I do not agree with the provisions set forth in this letter, and as such, I -wilt hire employees as I 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: Y t S Print Name - Title Date v:: .'Ti:. , .....,.;rc:,'• r „:ri::: :1'„ t 1') °:.. ,..r U'i.. Sitit. "• 't.` it.: _. ' 711 -:: 'SY:(i.. C:(:ii i :. r ': . .,.. ....zv� ::4 >;,sit.; �. f,�.'Li.'t'........fl:f:(:,;;, - - 438 M IA MI city of N[iami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, .www,miamibeachE.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fox: 786 - 394,4003 May 12, 2011 Ms. Laura Thompson ISS Facility Services, Inc. 9363 W. S`ampie Road Coral Springs, F1 33065 Sent Via a -mail: laura.thom son us.issworid.com RE: - (IT13) NO. 13 -10111 JANITORIAL SERVICES CITYWIDE` Dear Ms. Thompson: 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 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 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: 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 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 itssubcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer empioyees: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, andthe contractor and any subcontractorsshall�not offeremployment under this contract, to any person prior 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.. We are comm itted to providing exeellantnubiic service and safely to oll who live, work, and p1oj in our vibron!, tre�ica', historic community. 439 (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 1965, as amended, 4.1 W.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, 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, fist shall also contain 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 shall 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 maybe 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 wil{ inciude.provisions tkatensure that each subcontractor will honor the requirements of paragraphs (a) through` (b) wsfh respect to the employees of a .predecessor subcontractor or subcontractors working .under this contract, as well as of a predecessor contractor and its .. subcontractors. The subcontract shall also in clude-:provisions to ensure that the subcontractor will . provide the contractor with the information about the employees of the subcontractor needed by the contractor fo comply with paragraph 5(c), above. The contractor will take such action with res 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 V71 contract. I do not agree with the provisions set forth in this letter, 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 fol{owmg�conditions: Director of Business Development May 16, 2011 Sig to ,rint Name - Title Date We ot_ committed to providing excellent public service and safety to oA who live, work, and ploy in our vibrant, ropiwl, historic community. 440