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PSA with G4S Secure Solutions (USA) Inc. i016-0?T2-(0 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND G4S SECURE SOLUTIONS (USA) INC. FOR SECURITY OFFICER SERVICES PURSUANT TO RFP 2015-013-YG T Professional Services Agreement ("Agreement") is entered into this Zc day of hi r1 l r c)4 , 2016, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and G4S SECURE SOLUTIONS (USA) INC, a Florida corporation, whose address is 5820 Blue Lagoon Drive, Miami, Florida 33126 ("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including the Proposal Documents as defined herein, and any exhibits and amendments to this Agreement. City Manager: The chief administrative officer of the City. Contract Administrator: The Contract Administrator for the City shall be the City's Emergency Management Department Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Proposals No. 2015-013-YG for Security Officer Services, together with all amendments thereto, issued by the City in contemplation of this Agreement (the "RFP"), and the Contractor's proposal in response thereto (the "Proposal"), all of which are hereby adopted by reference and incorporated herein as if fully set forth in this Agreement. Accordingly, Contractor agrees to abide by and be bound by any and all of the Proposal Documents; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: (i) this Agreement; (ii) the RFP; and (iii) the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673- 7023. 1 SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Appendix C and D, "Minimum Requirements & Specifications" and "Special Conditions" respectively, of the RFP and as requested and/or assigned by the City's Contract Administrator(the "Services"). 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the specifications of each request and/or assignment from the Contract Administrator and this Agreement. 2.3 Non-displacement of Qualified Workers. Contractor shall offer a right of first refusal of employment to those service employees that are employed under the predecessor contract ("Predecessor Employees"), and whose employment will end as a result of the award of this Agreement. Any question concerning an employee's qualifications shall be decided based upon the individual's education, employment history, with particular emphasis on the Predecessor Employee's experience under the predecessor contract and employment screening processes. Contractor is not required to offer employment to any Predecessor Employee who: (1) will be retained by the predecessor contractor; or (2) who the Contractor reasonably believes, based on the particular Predecessor Employee's past performance or employment screening, that said Predecessor Employee has failed to perform suitably on the job. In the event that the Contractor employs fewer service employees than the predecessor contractor employed in connection with performance of the Services, the Contractor need not offer employment under this Agreement to all Predecessor Employees under the predecessor contract, and instead may offer employment only to the number of qualified Predecessor Employees who Contractor reasonable believes will be necessary to meet its anticipated staffing needs under this Agreement. However, where Contractor does not initially offer employment to all of the Predecessor Employees, Contractor's obligation to offer a right of first refusal of employment shall continue for 90 days after the Contractor's first date of performance under this Agreement. Within one hundred twenty (120) days from the Contractor's first date of performance under this Agreement, the Contractor shall furnish to the City's Contract Administrator a certified list of the names of all Predecessor Employees working under this Agreement at the time the list is submitted. SECTION 3 TERM The term of this Agreement (Term) shall commence, retroactively, on January 13, 2016 and shall have an initial Term of two (2) years, with three (3) one (1) year renewal options, to be exercised at the City Manager's sole option and discretion (collectively the "Term"), by providing Contractor with written notice of same no less than thirty (30) days prior to the expiration of the initial Term. 2 In the event that the Agreement is held over beyond the Term, it shall only be from a month to month basis only and shall not constitute an implied renewal of the Agreement. Said month to month extension shall be upon the same terms of the Agreement and at the same compensation payment provided herein, and shall not exceed six months. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be compensated as reflected on Tab 5 (Cost Proposal) of the Contractor's Proposal (the "Fee"). The Fee shall be fixed during the Term, including any renewal options which may be exercised, if at all, at the City Manager's sole option and discretion. 4.2 COST ESCALATION/CONTRACTOR TERMINATION RIGHT Notwithstanding the foregoing paragraph, the Fee may be subject to a cost escalation if labor costs increase as a direct result of an unforeseen governmental mandate, such as increases in payroll taxes, healthcare mandates, living wage increases and other similar labor related governmental mandates ("Cost Escalation"). In such a case, Contractor shall notify the City, in writing, of its request for a Cost Escalation and the City shall consider such a request. The City Manager and Contractor shall negotiate, in good faith, an equitable increase in the Fee, subject to funding availability. If the parties cannot reach an agreement within thirty (30) days, Contractor may terminate the Agreement, upon providing the City with a minimum of one hundred eighty(180)days advance written notice. 4.3 Contractor shall invoice the City on a monthly basis for the prior month for which services have been rendered. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Emergency Management Department City of Miami Beach 2310 Pine Tree Drive, 3rd Floor Miami Beach, FL. 33140 Attn: Charles Tear, Emergency Management Director Phone: 305-673-7736 E-mail: CharlesTearCamiamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to 3 exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors , from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all such costs, judgments, and attorney's fees which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. 4 The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The provider shall furnish to the Human Resources Department, Risk Management Division, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation and Employer's Liability Insurance for all employees of the provider as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. The insurance coverage required above must include a waiver of subrogation in favor of the City. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 5 6.3 PERFORMANCE BOND The Contractor shall duly execute and deliver to the City a Performance and Payment Bond in the penal sum of One Million Dollars ($1,000,000), for the payment of which Contractor shall bind itself for the faithful performance of the terms and conditions of this Agreement. The Performance and Payment Bond form supplied by the City shall be the only acceptable form for these bonds, unless otherwise approved by the City's Chief Financial Officer, in his or her sole discretion. No other form will be accepted. The completed form shall be delivered to the City within 15 calendar days from the Effective Date. Contractor shall be required to maintain said Performance and Payment Bond in full force and effect throughout the Term of this Agreement. Contractor shall have an affirmative duty to notify the City Manager or the City's Contract Administrator, in writing, in the event said Performance and Payment Bond lapses or otherwise expires. Contractor's failure to deliver the payment and performance bond within this specified time, including granted written extensions, if any, shall constitute a default under this Agreement. The following specifications shall apply to any bond provided: All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Bond Amount Best Rating 500,001 to 1,500,000 BV 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,001 to 10,000,000 A VIII Over 10,000,000 A IX On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (2007) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. The surety company is licensed to do business in the State of Florida; 2. The surety company holds a certificate of authority authorizing it to write surety bonds in this state; 3. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the solicitation is issued; 4. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 5. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. 6 For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out to the City of Miami Beach will be acceptable. All interest will accrue to the City of Miami Beach during the life of this contract and/or as long as the funds are being held by the City. The attorney-in-fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement 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 Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] 7 SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. City is responsible for any cost of audit unless the audit identifies overcharges that are greater than 5% of the total amount of the contract, in such event Contractor shall reimburse the City for those overcharges plus the cost of the audit. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.3.1 Contractor may subcontract to qualified security guards/firms, with the prior written approval By the City Manager, when requested to provide additional guards for special/major events or on an "as needed" basis. Should the Contractor provide security guards employed by a sub-contractor, the Contractor will be required to provide a Labor and Materials (Payment Bond), in the amount of$100,000. The Contractor will also provide an Employee Dishonesty Bond in the amount of $25,000. Additionally, the City reserves the right to deduct payment(s) in an amount specified in the bid/contract documents for either non-qualified security guard, and/or for unsatisfactory performance in accordance with the specified Terms and Conditions of the RFP. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or age. 8 10.6 CONFLICT OF INTEREST The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, Contractor shall not knowingly employ any person having such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Contractor upon termination of this Agreement. Upon termination of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Contractor's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Contractor does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 9 10.8 LIVING WAGE REQUIREMENT Pursuant to Sections 2-407 thru 2-410 of the Miami Beach City Code ("Living Wage Ordinance"), as same may be amended from time to time, Contractor shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • $11.62/hr with health benefits; or$13.31/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission, be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics, in which case Contractor shall be required to pay its employees such adjusted Living Wage rate under this Agreement. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, entitling the City to terminate this Agreement immediately, without further liability to the City, and/or may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: G4S Secure Solutions (USA) Inc. 5820 Blue Lagoon Drive Miami, FL. 33126 Attn: Eduardo Yero, General Manager& Primary Account Representative Phone: 305-266-2004 E-mail: Eduardo.Yerousa.g4s.com Copy to: contracts(c�usa.g4s.com TO CITY: Emergency Management Department City of Miami Beach 2310 Pine Tree Drive, 3rd Floor Miami Beach, FL. 33140 Attn: Charles Tear, Emergency Management Director Phone: 305-673-7736 E-mail: CharlesTear(a�miamibeachfl.gov 10 • Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Contractor agree that this document, inclusive of the RFP, any addenda to the RFP, and the Contractor's proposal, as well as any exhibits and amendments to the documents referenced, is the entire Agreement between the parties. This Agreement supersedes all negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in the referenced documents. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY 11 r/- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael E. Granado, City Clerk V Date: 3 2S l APPROVED AS TO FORM & LANGUAGE & FOR XECUTION B 1111,, O /. 3 it (11 • \.`1 (• City Attorney .U.•IT Date • :INCORPORATED: • FOR CONTRACTOR: G4S SECURE SOLUTIONS (USA) INC. ATTEST: • Sarahlene Hill N PUBLI STATE OTARY OF FLORC IDA -*".114-4(. Comm#FF940543 Expires 12/2/2019 .�'!� 0— geGretaPy-A)0769,7 $ghLg,j �.1 -6 _ o r, lG 61 /'ct 7/1ier Print Name Print Name/Title Date: 3—.25-020/6 12 CERTIFICATE I, John Sumner, a corporate officer of G4S Secure Solutions (USA) Inc. and Secretary thereof, a corporation organized and existing under the laws of the State of Florida, do hereby certify that at a Regular Quarterly Meeting of the Board of Directors of G4S Secure Solutions (USA) Inc., held on December 16, 2015, the following resolution was unanimously adopted and passed: RESOLVED: That in order to enable G4S Secure Solutions (USA) Inc., hereinafter referred to as the "Corporation," to respond to domestic business opportunities,the Board of Directors does hereby authorize and empower any one or more of the following persons designated by organizational title to sign certain pre-qualification instruments, bids, leases or contracts ("Contracts") and any other documents necessary to effectuate such Contracts on behalf of the Corporation, but only to the extent that the amount of such Contracts fall within the limits established by G4S Plc for North America within the financial authority limits set forth in G4S Secure Solutions(USA)Inc. corporate policies. • General Counsel • Chairman of the Board or Chief Executive Officer • President • Chief Operating Officer • Executive Vice President or Senior Vice President • Vice President • Treasurer - • Regional Vice President • General Manager • Other G4S Secure Solutions(USA)Inc. employee who is specifically authorized to so execute such Contracts by the General Counsel of the Corporation. FURTHER RESOLVED: The Board of Directors does hereby authorize and empower any one or more of the following persons designated by organizational title to sign local, state or Federal tax returns or any other forms promulgated by a local, state or Federal taxing authority, insurance forms and documents, deeds, leases, banking and loan documents, benefit plans, benefit plan modifications ("Forms") and any other documents necessary to effectuate such Forms on behalf of the Corporation: - • Chairman of the Board or Chief Executive Officer • President or Chief Operating Officer • Chief Financial Officer • Executive Vice President or Senior Vice President • Treasurer • Any other Vice President who is specifically authorized to so execute such Forms by the General Counsel of the Corporation. FURTHER RESOLVED: That the appropriate officers of the Corporation be fully authorized and empowered to do all things necessary or desirable to fully effectuate the transactions contemplated by the foregoing resolution, and to execute any and all documents, including but not limited to furnishing resolutions and certificates, all without the necessity of obtaining further Board of Director approvals. IN WITNESS WHEREOF, I hereby certify that the foregoing resolution is valid and in full force and effect as of the date immediately set forth below,and I have hereunto subscribed my name and affixed the seal of said corporation on this day of j'7arc;% ,2016. eirlirti,;ar JILL DIVENS Commission#FF 70219 t i My Commission Expires -- (SEAL) 0 F, December 07, 2017 John Su er, Vice President,General Counsel and Secretary Sworn to and subscribed before me personally this / day of pi Gr- ,2016 - Sig ,f ure o Notary Public-State of Florida • Print, Type,or Stamp Commissioned Name of Notary Public Personally Known(X)or Produced Identification( • ATTACHMENT.A _ yr , 1 RESOLUTION COMMISSION ITEMS AND COMMISSION 11.1 Y i }4.. - { 5 :MEMORANDUM } r J • , r PrS• .7�• y . ' I• i J. - ' . f _ i T '.1 • -1 r, r .1 �r _ - erg\ _ - .. - 'r`i:�. .�•{ - • J • RESOLUTION NO. 2016-29267 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF CONTRACTS, PURSUANT TO REQUEST FOR PROPOSALS NO. 2015-013-YG (THE RFP) FOR SECURITY OFFICER SERVICES, TO ALLIED BARTON SECURITY SERVICES, LLC, AND G4S SECURE SOLUTIONS (USA) INC.; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALLIED BARTON SECURITY SERVICES, LLC, AND G4S SECURE SOLUTIONS (USA) INC. WHEREAS, Request for Proposal (RFP)No. 2015-013-YG was issued on May 8, 2015, with an opening date of July 29, 2015; and WHEREAS, a pre-proposal conference was held on May 26, 2015; and WHEREAS, the City received ten (10) proposals from 50 State Security Services, Inc., ABM Security Services, Allied Barton Security Services, LLC, Andrews International, LLC, Cambridge Security .Services Corporation, G4S Secure Solutions (USA) Inc., Kent Security Services, Inc., Responsible Security, Inc., Security Alliance, LLC, and US Alliance Management d/b/a US Security; and WHEREAS, the following firms were deemed non-responsive: ABM Security Services, Andrews International, LLC, Cambridge Security Services Corporations, Responsible Security, Inc., and US Alliance Management ri/b/a US Security; and WHEREAS, on July 15, 2015, the City Manager via Letter to Commission appointed an Evaluation Committee.(the "Committee"), consisting of the following individuals: • David Berger, Resident and Member of the Parks and Recreational Facilities Board • Tony Gil, Sergeant, Department of Police, City of Miami Beach • Adrian Morales, Senior Administrative Manager, Department of Public Works, City of Miami Beach • Maria Ruiz, Director, Department of Housing & Community Services, City of Miami Beach • Elizabeth Valera, Deputy Director, Department of Parks & Recreation, City of Miami Beach • Claire Warren, Resident and Member of the Police/Citizens Relations Committee The following Alternates were also appointed: • Nelson-Gonzalez, Resident and Member of the Police/Citizens Relations Committee • Anthony Kaniewski, Director, Property Management Division, Department of Public Works, City of Miami Beach • Alexander Torres, Sergeant, Department of Police,City of Miami Beach WHEREAS, the Committee convened on September 21, 2015 to;consider all proposals; and . WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the-Government Sunshine Law; general information on the scope of services, references, and a copy of the proposal; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFP; and WHEREAS, the Committee's ranking was as follows: Kent Security Services, Inc., Allied Barton Security Services, LLC; G4S Secure Solutions (USA) Inc.; 50 State Security Services, Inc.; and Security Alliance LLC; and WHEREAS, the City Manager considered all the submissions and the results of the Evaluation Committee process, including the tie scores between Allied Barton Security Services and G4S Security Solutions; and WHEREAS, the City Manager recommended, in order to establish a pool of contracts that will allow the City to better respond to the need for services, that the three top-ranked proposers, Kent Security Services, Inc., Allied Barton Security Services and 'GS4 Security Solutions be awarded a contract; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission of the City of Miami Beach, Florida, hereby approve the award of contracts, pursuant to Request for Proposal (RFP) No. 2015-013-YG for Security Officer Services, to Allied Barton Security Services, LLC, and G4S Secure Solutions (USA) Inc.; and authorize the Mayor and City Clerk to execute an -agreement with Allied Barton Security Services, LLC, and G4S Secure Solutions (USA) Inc. PASSED AND ADOPTED this day of j_a__. ` ahU'Iq ATTEST: T ~'� '� ' i t-'---- ', -1,-*, %�,,t, ar :,,_.,,,.°,/ irI11J.lJ 1., r '•°.'1111;x:, /1 f Rafael . Granado, Cit Cle' �o� I, ':lionl evi/ ,,.M , //. - Sri . -��, iii T:WGENDA120161January\Procurement\2d .4c fi, -� t4N.;� rds\R'Wit/; 13-LR Security Officer Services - Resolution.doc 1144. e,8 C / OhW\,ihv / J ' • V APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION Q0...i - ,(--- 0/— 1 st- r /.. CftyM • • • RESOLUTION NO. 2015-29020 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2015-013-YG FOR SECURITY OFFICER SERVICES. WHEREAS, on February 11, 2015, the City Commission of Miami Beach, Florida, referred to the Finance and Citywide Projects Committee (the "Committee") for discussion Request for Proposals 2015-013-YG for Security Officer Services (the RFP); and WHEREAS, at its March 2, 2015 meeting, the Committee considered the RFP; and WHEREAS, the Committee directed staff reconvene the working group responsible for the development of the RFP specifications to complete an analysis of the recommended revisions to the RFP provided by members of the public who spoke on the RFP, and provide the Committee with feedback on which recommendations were acceptable to the working group and which were not; and WHEREAS, the working group convened on March 10, 2015 to complete the analysis directed by the Committee; and . WHEREAS, the analysis and feedback provided by the working group was presented before the Committee at its meeting of April 8, 2015; and WHEREAS, the Committee discussed the updated draft of the RFP and directed staff to revise the minimum requirements for the Security Officer Level I by adding a minimum one (1) year of experience as a licensed security officer; and WHEREAS, in an effort to differentiate between the Security Officer Level I and Level II position, staff has modified the minimum requirements for the Security Officer Level II position, by increasing the minimum experience from one (1) year to two (2)years; and WHEREAS, the Committee recommended releasing the revised RFP. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND C_ITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee to issue Request for Proposal (RFP) No. 2015-013-YG for Security Officer Services. PASSED AND ADOPTED this to day of /2?Q 2015. ATTEST: `�......wagmii, '•� ``'`1 B F 111• gin iqi Alat .. / _, - , , i� ;�'` %a or APPROVED AS TO R."ael E. ranad Ci � le k .-- .0 ? . - A ,/ FORM&LANGUAGE g t:,t ^:• qt.-9o'I _1, _ c• ' RESO.doc - 8:73t U ION T:IAGENDA12Q151May 61PROCUREMEN '� �t'+tvLY ./ 4.: : i'l l . c_.4_ 36_ 0 $„. .-.. A ..' _Ki lir 4 ti7/91 .... S City Attorney Dote '',���T�I J 26 .-�' COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE REQUEST FOR PROPOSAL (RFP) NO. 2015-013-YG FOR SECURITY OFFICER SERVICES. Key Intended Outcome Supported: Reform Policing Culture With Customer Service Emphasis Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City of Miami Beach requires security guard services to augment law enforcement efforts City-wide and during special events. As a result, the Administration is seeking approval to issue the aforementioned RFP to seek proposals from qualified firms to provide security officer services to the City. At its February 11, 2015 meeting, the City Commission referred a discussion on RFP 2015-013-WG, for Security Officer Services, to the Finance and City-Wide Projects Committee (the "Committee"). At its March 2, 2015 meeting, the Committee considered the RFP as well as recommended revisions to the RFP provided Mr. David Custin a lobbyist of G4S Secure Solutions (USA), one (1) of the potential proposers to the RFP. The Committee directed staff reconvene the working group responsible for the development to the RFP specifications to complete an analysis of the recommended revisions to the RFP provided Mr. Custin; and, provide the Committee with feedback on which recommendations were acceptable to the working group and which were not. On March 10, 2015, the working group reconvened to complete the analysis directed by the Committee. The analysis and feedback provided by the working group is shown in the attached copy of the Committee Memorandum, dated April 8, 2015. At its April 8, 2015 meeting, the Committee directed staff to revise the minimum requirements for the Security Officer Level I by adding a minimum one (1) year of experience as a licensed security officer. Staff made this change. Furthermore, in effort to differentiate between the Security Officer Level I and Level II position, Staff has modified the minimum requirements for the Security Officer Level I I position by increasing the minimum experience from one (1) year to two (2) years. The successful proposer(s)will be responsible for providing security officer services in an effort to create a visible presence of security personnel within the City of Miami Beach, to improve the perception of public safety, provide assistance and information to citizens and visitors, provide assistance to law enforcement through deterrence, observance and reporting of suspected criminal activity, address issues associated with the homeless, safeguard citizens, visitors and employees, and property of the City of Miami Beach. Staffing levels shall have the capability to expand and contract to meet the staffing needs of the City for routine and special events. CITY MANAGER'S RECOMMENDATION Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize the issuance of RFP 2015-013-WG for Security Officer Services. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A Total Financial Impact Summary: The annual cost associated with the acquisition of Security Officer Services is subject to funds availability approved through the City's budgeting process. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-Offs: Department irector Assista ► t'1�nager City M nager AP;v GPI`' DJO tie M p JLM T:1AG' DA120151May1PROCUREMENT\RFP 2015-013-YG Security Officer Services-ISSUANCE SUMMARY.d c AGENDA ITEM R7 E MIAMI DATE s'C—I�� MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t',ie City Corn ission FROM: Jimmy L. Morales, City Manager DATE: May 6, 2015 SUBJECT: A RESOLUTION OF THE MAYOR A�D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPT G THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE REQUEST FOR PROPOSAL(RFP) NO. 2015-013-YG FOR SECURITY OFFICER SERVICES. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFP. BACKGROUND The City of Miami Beach requires security guard services to augment law enforcement efforts City-wide and during special events. As a result, the Administration is seeking approval to issue the aforementioned RFP to seek proposals from qualified firms to provide security officer services to the City. At its February 11, 2015 meeting, the City Commission referred a discussion on RFP 2015-013-WG, for Security Officer Services, to the Finance and City-Wide Projects Committee (the"Committee"). At its March 2, 2015 meeting, the Committee considered the RFP as well as • recommended revisions to the RFP provided Mr. David Custin a lobbyist of G4S Secure Solutions (USA), one (1) of the potential proposers to the RFP. The Committee directed staff reconvene the working group responsible for the development to the RFP specifications to complete an analysis of the recommended revisions to the RFP provided Mr. Custin; and, provide the Committee with feedback on which recommendations were acceptable to the working group and which were not. On March 10, 2015, the working group reconvened to complete the analysis directed by the Committee. Representatives from the following City departments were present: Police, Emergency Management, Parking, Parks, Procurement. The analysis and feedback provided by the working group is shown in the attached copy of the Committee Memorandum, dated April 8, 2015. At its April 8, 2015 meeting, the Committee discussed the updated draft of the RFP. The Committee directed staff to revise the minimum requirements for the Security Officer Level I by adding a minimum one (1) year of experience as a licensed security officer. Staff made this change. Furthermore, in effort to differentiate between the Security Officer Level I and Level II position, Staff has modified the minimum requirements for the Security Officer Level II position by increasing the minimum experience from one (1) year to two (2)years. City Commission Memorandum—•RFP for Security Officer Services May 6, 2015 Page 2 of 2 SCOPE OF SERVICES The successful proposer(s) will be responsible for providing security officer services in an effort to create a visible presence of security personnel within the City of Miami Beach, to improve the perception of public safety, provide assistance and information to citizens and visitors, provide assistance to law enforcement through deterrence, observance and reporting of suspected criminal activity, address issues associated with the homeless, safeguard citizens, visitors and employees, and property of the City of Miami Beach. Staffing levels shall have the capability to expand and contract to meet the staffing needs of the City for routine and special events. OTHER RFP REQUIREMENTS • MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-013- YG for Security Officer Services (attached). • SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015- 013-YG for Security Officer Services (attached). • CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015- 013-YG for Security Officer Services (attached). CONCLUSION The Administration recommends that the Mayor and Commission accept the recommendation of the Finance and Citywide Projects Committee to issue Request for Proposal (RFP) No. 2015-013-YG for Security Officer Services. ATTACHMENTS RFP 2015-013-YG for Security Officer Services. JLM / MT/CT/AD T:\.AGENDA\20151May\PROCUREMENT\RFP 2015-013-YG Security Officer Services-ISSUANCE MEMO.doc • Page 2 of 2 REQUEST FOR PROPOSALS ( RFP SECURITY OFFICER SERVICES 2015-013-YG RFP ISSUANCE DATE: MAY 8, 2015 PROPOSALS DUE: JUNE 8, 2015 @ 3:00 PM ISSUED BY: YUSBEL GONZALEZ, CPPB r. MIAME :EAcH . YUSBEL GONZALEZ, SR. PROCUREMENT SPECIALIST PROCUREMENT DEPARTMENT 1700 Convention Center Drive, 3rd Floor, Miami Beach, FL 33139 305.673.7000 X 6230 I yusbelgonzalez @miamibeachfl.gov www.miamibeachfl.gov CI MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS &GENERAL CONDITIONS 3 .0300 SUBMITTAL INSTRUCTIONS & FORMAT 10 0400 PROPOSAL EVALUATION 12 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION; QUESTIONNAIRE AND AFFIDAVITS 14 APPENDIX B "NO PROPOSAL" FORM 21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 23 APPENDIX D SPECIAL CONDITIONS 37 APPENDIX E COST PROPOSAL FORM • • 41 APPENDIX F INSURANCE REQUIREMENTS 43 RFP 2015-013-YG Page 2 0 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the"contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is soliciting responses from proposers for Security Officer Services in an effort to improve public safety, address quality of life issues and decrease crime by assisting law enforcement through deterrence and reporting of suspected criminal activity. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: RFP Issued May 8, 2015 Pre-Proposal Meeting May 18, 2015 at 10:00 AM Deadline for Receipt of Questions May 22, 2015 at 5:00 PM Responses Due June 8, 2015 at 3:00 PM Evaluation Committee Review July 15, 2015 (Tentative) Proposer Presentations TBD Tentative Commission Approval Authorizing September 9, 2015(Tentative) Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Mr.Yusbel Gonzalez,CPPB 305.673.7000 x 6230 yusbelgonzalez @miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado(a miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. REP 2015-013-YG Page 3 • e MIAMI BEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S).Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-Proposal conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 4142489 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the exception of communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at RafaelGranado @miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS...... ............................................. CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES..... CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES.................................... CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS .......,.... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES. CITY CODE SECTION 2-374 RFP 2015-013-YG Page 4 MIAMI BEACH • FALSE CLAIMS ORDINANCE............................. CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2- 371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise. 12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) he/she deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3)The character, integrity, reputation,judgment,experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all Proposals. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals unilaterally before the expiration of one hundred and twenty(120)calendar days from the date of proposals opening. 14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any RFP 2015-013-YG Page 5 ® MIAMIBEACH obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 15. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 16. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 17.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 20. PATENTS& ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents,for failure to comply with applicable laws. RFP 2015-013-YG Page 6 MIAMIBEACH 22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 24. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposers to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the City. 25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,company or corporation, without the prior written consent of the City. 26. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 27. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 29. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence;then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. RFP 2015-013-YG Page 7 MIAMIBEACH 30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 calendar days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) calendar days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. - 33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 34. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). RFP 2015-013-YG Page 8 MIAMI BEACH 35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift,favor or service that might reasonably tend to improperly influence him/her in the discharge of his official duties. Balance of Page Intentionally Left Blank • RFP 201 5-01 3-YG Page 9 MIAMIBEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. Proposals are to be delivered to City of Miami Beach Procurement Department, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be tabbed as enumerated below and contains a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. TAB 1 Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s)and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt; by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:ll supplierportal.dnb.comlwebappl wcslstoreslservletUSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and RFP 2015-013-YG Page 10 ®_ MIAMIBEACH as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. TAB 3 Scope of Services Proposed Submit detailed information addressing how Proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a full review and score the proposed scope of services. TAB 4 Approach and Methodology Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed . information, as applicable, which addresses, but need not be limited to: use of innovative technology, training received by security officers above basic licensing requirements, communication protocols, proactive approach to dealing with quality of life issues affecting Miami Beach, crime prevention and retaining sufficient personnel to meet the City's needs. TAB 5 Cost Proposal Submit a completed Cost Proposal Form (Appendix E). Note: After proposal submittal,. the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFP 2015-013-YG Page 11 0 MIAMI BEACH SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: • review and score all proposals received,with or without conducting interview sessions; or • review all proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Step 1 -.Qualitative Criteria Maximum Points Proposer Experience and Qualifications,including Financial Capability 35 Scope of Services Proposed 20 Approach and Methodology 20 TOTAL AVAILABLE:STEP 1 POINTS 75. 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-Quantitative Criteria Cost Proposal 25 Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 30 4. Cost Proposal Evaluation.The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Vendor Vendor Example Maximum Formula for Calculating Points Total Cost Allowable Points (lowest cost I cost of proposal Points Proposal (Points noted are for being evaluated X maximum Awarded illustrative purposes only. allowable points=awarded Actual points are noted points) oints) Round to • Vendor A $100.00 25 $100!$100 X 25=25 25 Vendor B $150.00 25 $1001$150 X 25=16 16 Vendor C - $200.00 25 $1001$200 X 25=13 13 RFP 2015-013-YG Page 12 al MIAMI BEACH 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Step 1 Points 82 76 80 Step 2 Points 25 16 13 Committee Total 107 92 93 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 25 16 13 Committee Total 104 101 85 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 25 16 13 Committee Total 105 90 , 79 Member 2 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission,which may be different than final ranking results. RFP 2015-013-YG Page 13 APPENDIX A m MIAMI , Proposal Certification , Questionnaire & Requirements Affidavit 201 5-013-YG SECURITY OFFICER SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015 013-VG Page 14 Solicitation No: Solicitation Title: 2015-013-YG SECURITY OFFICER SERVICES Procurement Contact Tel: Email: Yusbel Gonzalez 305.673.7000 x 6230 yusbelgonzalez @miamibeachfl.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. RFP 2015-013-YG Page 15 1. Veteran Owned Business.Is Proposerclaiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3 • _ • . - ... - _ - _ - - - _ _ - -- - ... - .. - - 4. Litigation History.Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed,and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code, including a prohibition against any vendor giving a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.A fine of up to$500.00 shall be imposed on every person who violates this section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest"shall mean the ownership,directly or indirectly,of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(to which the definition of vendor as defined above may apply), including your sub-consultants), who has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. RFP 2015-013-YG Page 16 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. Living Wage. Pursuant.to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: The City Commission approved Ordinance 2014-3897 on September 30, 2014 increasing the living wage rate to $13.31/hourly without health benefits or$11.62/hourly with health benefits with an effective date of January 1,2015. The living wage rate and health care benefits'rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale,issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES ( j NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO RFP 2015-013-YG Page 17 C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave • Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFP 2015-013-YG Page 18 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content,its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and afl information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFP 2015-013-YG Page 19 • PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title of Proposers Authorized Representative: Signature of Proposers Authorized Representative: Date: State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: RFP 2015-013-YG Page 20 APPENDIX B I 1111 AA I A AA I 7 o Bid " Form 2015-013-YG SECURITY OFFICER SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Notegi�t -is imp>coicrr t for those �end�or ,ho have.recei e e�� -g�Tt � . P; :t *5 s �� �e a n desbm its this'so�}lic�ita;ti.on_sb�ut-h:ay.e de:cided;dn o re:spohd,. s&aci�,mp Gf �� itu 4M*1 .try 1 414. 4 'T- 'n'ss:a..'c a.....1.}s, .,..._ ` .4.74)44a Vq, Mr F:�A@E T'4 1.14,-- '"' .~ ..0„45114 �� i, :7 �. N id'The .St,,.t`e nenat-of�,NotB=id' _provi. esm ��th,e..a vAz-,4�Tt:Wm iveaw eWjV: N.o � k r te`" ,w . . Dthe ��� ��.;,� � ����� -��� �•�� � t tion�� roc.ess� Cit.� wit i information o.no-how,."t_og improve Jh'e solicit ®s ;o. p o � � e e seemt o«N 1B ti :� a. V mesulat in` bit bern�g nati:fla Ao � F il�ure t'® suzbmit Stctern _ � ® Y . f�ftur���solrci h�c�,��itV ,.._..,K-mc-.u. ....,r✓..c�-wca....-.. a..r.�t;.:-...� w:..a..L... :.cE/�9o4:'•._...�._,...uc� � RFP 2015-013-YG Page 21 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this p roduct/service _OTHER (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Yusbel Gonzalez RFP PROPOSAL#2015-013-YG 1700 Convention Center Drive MIAMI BEACH, FL 33139 RFP-2015-013-YG Page 22 APPENDIX C MIAMI Minimum Requirements & Specifications 2015-013-YG SECURITY OFFICER SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP-2015-013-YG Page 23 The City of Miami Beach is seeking proposals from qualified firms for Security Officer Services in a manner that ensures the highest level of security for a diverse number of posts, while performing a variety of functions and duties.All work shall be in accordance with Section 493, Florida Statutes. The objective is to accomplish the following: • Create a visible presence of security personnel within the City of Miami Beach to improve the perception of public safety. • Provide assistance and information to citizens and visitors. • Provide assistance to law enforcement through deterrence,observance and reporting of suspected criminal activity. • Address issues associated with the homeless and others whose behavior conflicts with acceptable community norms. • Safeguard the citizens,visitors,employees and property of the City of Miami Beach. • Expand and contract to meet the staffing needs of the City and demonstrate where they have done so previously. The City of Miami Beach is very interested in innovative approaches, incorporating industry best practices,which exceed the requirements listed below. Cl. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non- responsive and will not be considered. a. Proposer shall be licensed in accordance with Chapter 493,Florida Statutes to perform Security Services. SUBMITTAL REQUIREMENT: Submit a copy of Proposer's Class"B,""AA,"or"AB,"as applicable,for the location identified in Proposal. b. Proposer shall have provided similarly scoped security guard services for a minimum of two (2) continuous years for at least three(3)public sector entities,within the last five(5)years. SUBMITTAL REQUIREMENT: For each of the three (3) public sector clients, provide the following: Name of Agency; Agency Contract Representative and Contact Information; Beginning and Ending Dates of Service. c. Proposer shall have a Dun and Bradstreet (D&B) Supplier Evaluation Risk (SER) score rating of not higher than 6. SUBMITTAL REQUIREMENT:As required in Tab 2.3,Section 0300, Proposer shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein,which indicates Proposer's SER. C2.Statement of Work Requirements. The Successful Contractor Shall Provide: a. A minimum of three(3)roving Level V Security Officers equipped with an automobile on duty within the City limits of Miami Beach at all times. The Level V Security Officers must be able to respond to any site within 15 minutes. A list must be submitted in writing,identifying the name(s)of each roving shift Level V Security Officers, and all security personnel under their supervision, to the Contract Administrator or their designee. RFP 201 5-01 3-YG Page 24 b. Written activity and incident reports, maintenance requests, visitor logs, etc. as dictated by the post assignment. Bidders who utilize web-based security officer reporting software should submit system details under approach and methodology for consideration. c. A guard Tour System (which may include (but not be limited to) Deggy or near field communications (NFC) tags) at contracted posts to ensure security officers are making required rounds at assigned frequencies and times. Bidders who utilize web-based security officer reporting software should submit system details under approach and methodology for consideration. d. A weekly report,downloaded from Deggy's, NFC tags or other approved reporting system to the Contract Administrator or its designee. . Bidders who utilize web-based security officer reporting software should submit system details under approach and methodology for consideration. e. The location of the Deggy's, NFC tags or other approved reporting system to the Contract Administrator or their designee for approval. • • f. A Project Manager who will be required to meet with City representatives upon request. • g. All uniforms, radios,firearms, rain gear,traffic vests,tools and equipment necessary to perform the required security services in accordance with the bid documents. h. Uninterrupted services under all conditions,to include,but not limited to the threat or the actually of a strike, adverse weather conditions, a disaster, or emergency situations, at the agreed upon hourly contractual rate. i. Rules and Regulations Manual for Security Officers. j. Project Manager to work with the Contractor Administrator or their designee to review and/or develop Post Orders for all locations where Security Officers will be utilized with the City of Miami Beach. k. A written,quarterly report of security incidents to the Contract Administrator or its designee. In addition, the Successful Contractor will be responsible for advertising and recruiting qualified security officers, training the security officers, preparing paychecks, payroll taxes, Social Security and withholding taxes, preparing W-2's, unemployment and workmen's compensation claims and liability insurance. The obligation of the City of Miami Beach will be solely to compensate the Successful Contractor for the number of hours provided monthly in accordance with the contract price schedule. The Successful Contractor will provide a Schedule of Values/Payment Schedule to the City's Contract Administrator for review and approval, prior to the commencement of work. Any costs incurred in order to perform the Services required by the City of Miami Beach, is a business expense the Successful Contractor must assume. C3. Locations. It is the intent of the City to award the provision of Security Officers for selected facilities as well as for other facilities as may be required by the City during the term of the contract. Security officers are needed for a RFP 2015-013-YG Page 25 diverse number of posts within the City of Miami Beach to perform a variety of functions and duties. Posts include,but are not limited to, Lincoln Road Mall, City Hall campus, parking lots and garages,the beach and board walks,the Bass Museum,and the Normandy Shores Gatehouse. The amount of service hours,officer levels, required service type and duties shall be determined solely by the City in its best interests. The City reserves the right to add or delete sites that need to be covered by security guard services. C4.Special or Emergency Events. At the City's discretion additional security officers may be requested for special or emergency events. A "special or emergency event" is generally defined by the City as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, and may include any City declared emergency and other unplanned events. "Special or Emergency Events"do not include planned City events, such as Holidays, New Year's Eve, Memorial Day Weekend, Independence Day Weekend, Labor Day Weekend,etc. For planned events, the Contractor shall provide the required personnel at the "Routine Rate" contract price. For Special or Emergency Events, the contractor shall provide personnel at the"Special or Emergency Rate."Any Contractor personnel deployed under Special or Emergency Event circumstances, shall be converted to Routine Rates after three (3) calendar days or as agreed to by the City's contract representative. Notwithstanding the above, the City approve, upon approval of the City manager, negotiate with the Contractor for additional services or rates as dictated by the situation. C5.Response Time. For routine requirements, Security Officers are generally required on the next calendar day. For special or emergency events, the Contractor shall have a qualified officer present and ready for duty within three(3) hours of request. The City's contract representative and the Contractor may consider and agree upon alternative response times. C6.Approval and Removal of Personnel. The City shall approve all Contractor personnel prior to their assignment to the City. The City reserves the right to interview any prospective Contractor employee prior to the person being assigned to City assignment. The City additionally reserves the right to relieve any Contractor employee from a duty assignment, and/or bar the employee from further service under this solicitation. Personnel Requirements and Services All personnel employed by the selected proposer(s)to perform duties as a result of this solicitation shall be approved prior to performing said duties. Contractor personnel shall keep active, and possess at all times while on duty, those professional, technical licenses or certificates as required by all Federal and Florida State Statutes. This includes a company-issued photo I.D. Card. All are to be conspicuously displayed at all times while on duty. The selected proposer shall provide in all instances radio equipped, uniformed Security Officers,and armed if requested,to provide security service at the designated locations. Adherence to Law The selected proposer(s) shall adhere to all Federal, State, and Local Laws that apply to the provision of Security Officer Services, as a result of this solicitation, as well as those laws that regulate the general public. This shall include, but not be limited to, compliance with Federal Tax Laws (e.g. payment of Federal Withholding Taxes) State of Florida Unemployment Taxes, Workers Compensation Federal Wage and Hour Regulations, Living Wage Ordinance and other applicable laws and regulations. RFP 2015-013-YG Page 26 Background Checks Prior to assigning personnel to the City, the Contractor, at no cost to the City, shall perform background checks on its personnel which comply with, at a minimum, Section 1012.465, Florida Statutes. By virtue of submitting a proposal to this RFP,the Contractor fully indemnifies and holds the City harmless for any and all actions and damages resulting from its failure to comply with this requirement. Any findings shall be reported to the City,through its Human Resources Director,who shall have the ultimate discretion to allow or not any Contractor personnel on City property.Additionally,the City may require, at any time(including annual contract anniversary, change in assignment or any other instance for which an additional background check is deemed necessary by the City through its Human Resources Director), that any Contractor personnel submit to additional background screenings as deemed necessary by the City. The Contractor shall reimburse the City for the cost of said background check, plus an administrative fee of 10%). The City shall have the right to refuse to allow any Contractor personnel to work on City property when it deems that their presence on City property is not in the City's best interest. Drug Testing Prior to assigning personnel to the City, the Contractor, at no cost to the City, shall perform and proposed personnel shall pass a drug test following the protocols outlined in 49 CFR, Part 40. The following panel of ten drugs shall be tested for at the Successful Contractor's expense. Bidder shall bear all cost associated with the initial drug tests.Any findings shall be reported to the City,through its Human Resources Director, who shall have the ultimate discretion to allow or not any Contractor personnel on City property. The City's current 10-panel drug test and cut-off levels are as follows: Initial Test GCIMS Confirm Dru a 1"es Am.hetamines 1000 n ml 500 .Iml Barbiturates 300 n. ml 150 in.trnl Benzodiaze.ines :300 n• ml 150 •• ml Cocain@ motabclites 300 n i ml 150 u ml Mari-Liana metabolites 50 n. ml Methadone :300 ml 300 . ml 0•fates Man. rml 111111MM Phene idine :-ne QO.n,lml 150 In the case of an alcohol test, a result of 0.04 or greater constitutes a.positive result. A cenfirmation breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49 Code of Federal Regulations.Part 40. Minimum Requirements for All levels of Security Officers a. Possess a valid Class "D" security officer license pursuant to F.S. 493. All officers shall maintain this license on their person at all times while providing service to the City under the Contract. b. Shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Resident/Alien Registration Receipt Card Form 1-151, or who presents other evidence from U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. Acceptable evidence shall consist of a birth certificate or RFP 201 5-01 3-YG Page 27 appropriate naturalization papers. c. Shall have a valid State of Florida Drivers license. (Required if Security Officer is assigned to vehicular patrol(e.g.motor vehicles or golf cart). d. Shall be at least 21 years of age. e. Shall have a high school diploma or a GED. High school diploma or GED shall be from an accredited and verifiable institution. f. Successfully pass a test for drug and illegal substance use. g. Be able to communicate effectively in English(multilingual preferred). h. Ability to write a report in English. • Ability to communicate, provide information and directions in a courteous manner. j. Trained and certified in basic first aid and Cardiopulmonary Resuscitation(CPR). k. Trained in the use of Automated External Defibrillators(AEDs). 1. Physically capable of pursuing and detaining individuals who have committed criminal acts. m. Pass criminal background checks, FDLE and NCIC III. In addition,Security Officers shall meet the specific requirements for each level as specified below: a. Security Officer Level I—An unarmed individual with a Class D license. Minimum one (1) year of experience as a licensed Security Officer. b. Security Officer Level II — An unarmed individual with a Class D license. A minimum of two (2) years of experience as a Class D Licensed Security Officer or in the military or law enforcement. c. Security Officer Level III—An armed individual with Class D and Class G licenses. A minimum two (2)years of experience,either as Class D licensed Security Officer, Police Officer,or Military Police are required. d. Security Officer Level IV-An armed individual with Class D and Class G licenses. A minimum five (5) years of experience, as a Class D licensed Security Officer and two (2) years of experience as a Class G licensed Security Officer or five (5) years of experience as a Police Officer or Military Police are required. e. Security Officer Level V—An armed or unarmed individual with Class D and Class G licenses. A minimum of five (5) years of experience, either as a licensed Class G, Security Officer, Police Officer or Military Police are required. The individual shall have the ability to supervise, monitor, and regulate Security Officers with Class D and Class G licenses in their performance of assigned duties. This level of Security Officer may be a site supervisor when multiple Security Officers are required present at the same time,to coordinate Security Service efforts. f. Security Officer Level VI -An armed or unarmed individual with Class D and Class G licenses. A minimum of ten (10) years of experience either as a licensed Class G Security Officer, Police Officer or Military Police are required. The individual shall have the ability to supervise, monitor, and regulate Security Officers with Class D and Class G licenses in their performance of assigned duties. This level of Security Officer may be a project manager when multiple site supervisors are required for large or complex sites,to coordinate Security Service efforts. Personnel Probation All security officers working for the City of Miami Beach are subject to a thirty(30)day probation period. If during this probation period, the City of Miami Beach is not satisfied with the performance of a security officer, the City of Miami Beach will notify the Successful Contractor of such performance and the Successful-Contractor will replace the security officer immediately. RFP 201 5-01 3-YG Page 28 Additionally,the City of Miami Beach reserves the right to demand in writing that the Successful Contractor relieve an employee from a duty assignment, and/or ban the employee from further service under the contract,at-the sole discretion of the City of Miami Beach. Personnel employed by the Successful Contractor are ineligible to work for the City of Miami Beach for the following reasons: a. Military conduct resulting in dishonorable or undesirable discharge. b. Any pattern of irresponsible behavior including, but not limited to, bad driving or employment record. Security Officer Levels I-IV Duties 1. Report to work on time and remain on assigned post until relieved or as required. 2. Maintain a professional appearance. Uniforms shall be clean, pressed and include a name tag; shoes polished. 3. Maintain a courteous attitude to the public and City employees at all times. 4. While assigned to a fixed post, patrol of an area or a facility, detect and prevent individuals or groups from committing acts injurious to others or to property. 5. Intervene to terminate injurious acts to persons or to property and detain individuals for further investigation or arrest in accordance the State of Florida's Security Officers Handbook (F.S.S. Chapter 493). 6. Communicate effectively with the public and City of Miami Beach personnel to provide directions and assistance. 7. Conduct patrols in accordance to post orders. Where applicable, a guard tour system shall be used to record and report security officers'presence at designated posts. 8. Raise and lower flags at designated times where applicable. 9. Lock and unlock gates and doors at designated times. 10. Turn on and off lights as required. 11. Ensure that only authorized personnel are permitted access to closed or restricted facilities or locations. 12. Respond to reports of sick or injured persons and notify appropriate authorities. 13. Report safety hazards, malfunctioning equipment, spills and other such matters to appropriate individuals. 14. Monitor and operate fire alarm systems, intrusion detection systems and CCTV systems as required. 15. Respond to fire/burglar alarms and emergency situations. Evaluate the situation and take appropriate action as prescribed in Post Orders and/or facility emergency procedure/evacuation plan. 16. Investigate questionable acts and behavior on City property. Question witnesses and suspects to ascertain or verify facts and notify appropriate authorities if warranted. 17. Operate a vehicle(bicycle,golf cart, motor vehicle)as required. 18. Maintain daily logs, prepare daily and incident reports. 19. Provide escorts to City employees and visitors to their vehicles when requested. 20. Perform any other duties or functions not specifically mentioned above, but which are identified as falling within the scope and responsibilities of a security officer's responsibilities. Security Officers Level V Duties In addition to the duties listed above Security Officers shall: 1. Patrol area of assignment and actively supervise all security officers under their command. 2. Ensure proper inventory of keys,electronic key cards and supplies. REP 2015-013-YG Page 29 3. Conduct daily inspections to verify all posts are manned and all security officers are fully equipped and in proper uniform. 4. Be knowledgeable of all security officer positions and duties. 5. Be knowledgeable of all City/County ordinances related to quality of life issues. Security Officers Level VI Duties 1. Functions as the Project Manager for the City of Miami Beach. 2. Project Manager will be required to meet with City representatives upon request. 3. Project Manager will work with the Contractor Administrator or their designee to review and/or develop Post Orders for all locations where Security Officers will be utilized with the City of Miami Beach. 4. Immediately report any unusual incident to the Contract Administrator or their designee. 5. Coordinate with Contract Administrator or its designee all security operations and services for regular and special events to insure proper staffing. 6. Install guard tour system sensors where directed by the City of Miami Beach Contract Administrator or its designee. 7. Provide weekly downloads of all the City of Miami Beach posts where guard tour system sensors are installed. The downloaded information will accompany the weekly invoices. 8. Be knowledgeable of all security officer positions and duties. 9. Be knowledgeable of all City/County ordinances related to quality of life issues. Limitation on Employee-Hours and Assignments No personnel assigned to the City shall provide more than twelve (12) hours of service, including all break periods, in any twenty-four(24)hour period, unless the work periods are separated by an eight(8)hour non- duty period. This limitation may be waived by the City in emergency situations that are beyond the control of the Contractor, (e.g, weather conditions, civil disturbances, natural disasters, etc.) which prevents the next shift from getting to their assignment. Each occurrence will require an individual waiver provided by the City. Overtime No overtime for either regularly scheduled or special events will be paid by City of Miami Beach for security personnel supplied by the Successful Contractor unless pre-approved by the City of Miami Beach Contract Administrator or its designee. Training Specialized training may be required to assume the duties and responsibilities of some posts within the City of Miami Beach. The cost for such training will be considered part of the Successful Contractors operational expenses and should be considered when proposing an overall hourly rate. While attending training,security officers must be paid at the City's living wage rate. Time spent in training, although required, is not billable to the City of Miami Beach. When required, security officers must successfully complete training prior to assuming duty under this contract. Written documentation of having successfully completed the training is to be included in the employee's personnel file. The Successful Contractor is required to ensure that all security officers providing traffic control and code enforcement services are certified by Miami Dade College-Southeast Institute of Criminal Justice at the North - Dade Campus. In addition, security officers providing traffic control and code enforcement services would be required to attend training provided by the City related to enforcing City of Miami Beach ordinance RFP 2015-013-YG Page 30 and codes. Special Equipment The selected proposer(s) may be required to provide licensed and insured motor vehicles, off street motorized carts, Segway's and bicycles at an additional cost. Such posts or duty assignments shall be requested as needed,and when appropriate,the selected proposer shall receive additional compensation. The selected proposer(s) may also be required by the City to provide Security Officers equipped with specialized equipment, including, but not limited to, firearms, Guard Tour systems, Body Cameras, hand- held metal detectors,x-ray screening of packages,walk-through metal detectors,K-9 detection services and other specialized technologies. Such posts or duty assignments shall be requested as needed, and where appropriate,the selected proposer shall receive additional compensation. Contractor Furnished Items The selected Proposer(s) shall provide all working materials necessary for proper performance including, but not limited to, items such as bound log books, with preprinted consecutive numbered and lined pages, notebooks, pens, and pencils.The selected Proposer, at no charge to the City,shall supply these materials, unless otherwise specified by the City. All post orders, logbooks, incident reports and records are the sole property of the City of Miami Beach. These records are subject to inspection by the City at any time. Upon termination of any contract issued as a result of this solicitation and all renewals thereof, the selected Proposer(s)shall surrender all records or documents(e.g. log books, incident reports, etc)to the City within thirty(30)days of the contracts termination date. Communication The Successful Contractor will be responsible for the following: a. HAND-HELD RADIOS Two-way hand-held radios, licensed for use by the Federal Communications Commission (FCC), will be provided by the Successful Contractor to all on-duty contract security officers and supervisors as required unless otherwise exempted by the City of Miami Beach Contract Administrator. b. CENTRAL DISPATCH The Successful Contractor will maintain a centralized dispatching service through use of a local (Miami Beach) base station manned by experienced personnel on a 24- hour per day basis, to include a recorded back-up system. A mobile transmitter/receiver, operated by field personnel, will not be considered sufficient to adequately provide such service. Regardless of the physical location of the dispatch service offered, total in-building radio communication coverage within the City limits of Miami Beach is required. c. SYSTEM QUALITY The Successful Contractor will at all times maintain high quality radio communications(transmitting and receiving). The Successful Contractor will be totally.responsible for providing and maintaining required system quality, as follows: 1. The Successful Contractor will provide/lease a network of transceivers and repeaters of sufficient strength and capacity to service all areas of Miami Beach. 2. The Successful Contractor must provide/lease an exclusive radio frequency operated exclusively by the Contractor. Radios will have printout identification and emergency capability. 3. The Successful Contractor must implement a program of maintenance and repair for all RFP 2015-013-YG Page 31 equipment used in the performance of this contract. Such a program will ensure the optimum performance of all equipment at all times, thereby allowing the system to meet the service requirements and quality standards specified above. 4. The Successful Contractor will ensure that all radio equipment has sufficient operating power at all times during a tour of duty. It may be necessary for the Successful Contractor to implement a system by which fresh batteries, adequate supply of flashlights or charged radios,are delivered to the posts in order to meet this requirement. d. EVALUATION OF RADIO COMMUNICATIONS SYSTEM All aspects of the Successful Contractor's radio communications system will be evaluated by the City of Miami Beach prior to award of Contract. Should the system be judged inadequate to provide service within the contractual standards specified herein, and the Successful Contractor is unable and/or unwilling to make changes deemed necessary by the City of Miami Beach,then the Successful Contractor will be considered non-responsive to the required Terms and Conditions of this Contract. Likewise, should there be a deterioration of performance during the term of this contract, and the'Successful Contractor is unable or unwilling to make the required improvements, the City of Miami Beach may terminate, in accordance with the Termination for Default Clause of this Contract. The City of Miami Beach will address, in writing to the Contractor, any/all identified inadequacies of the required radio communications prior to any termination procedures. Key Control The Successful Contractor will establish and implement methods of ensuring that all keys issued to the Successful Contractor by the City are not lost, or misplaced, and are not used by unauthorized person(s). No keys issued the Successful Contractor by the City will be duplicated. The Successful Contractor will develop procedures covering key control that will be included in his/her quality control plan, which will be submitted to the City's Contract Administrator and Procurement Director. The Successful Contractor may be required to replace, re-key, or reimburse the City for replacement of locks or re-keying as a result of Successful Contractor losing keys. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the City and the total cost deducted from the monthly payment due the Successful Contractor. The Successful Contractor will immediately report a lost key the Contract Administrator, but no later than the next workday. Uniforms All security officers furnished to the City of Miami Beach will be well-groomed and neatly uniformed. Each security officer supplied by the Successful Contractor will wear a nameplate bearing the guard's name. Successful Contractor's name will appear either on guard's nameplate or as a patch on the security officer's uniform. Uniforms will be readily distinguishable from the City of Miami Beach Police uniforms. Uniforms must be provided at the contractor's expense or may be charged to the employee (guard), but must not be deducted from the employees' paycheck therefore reducing the hourly pay rate to less than the living wage rate. Photo Identification Work hereunder requires Successful Contractor's employees to have photo identification on their person at all times.The City of Miami Beach reserves the right to verify a guard's identity and required credentials. If for any reason, any Successful Contractor employee is terminated, the Contract Administrator will be RFP 2015-013-YG Page 32 advised in writing. Records The Successful Contractor will submit all invoices to the City of Miami Beach containing an itemized employee time record, to include the employee name and hours worked/shift, for the time period identified on the invoice. If applicable, the computerized printout from the guard tour system will accompany the weekly invoices. These printouts will be the same date and time frame of the submitted invoices and submitted in a hard copy or digital(preferred)format. All correspondence, records, vouchers and books of account, insofar as work done under this Contract is concerned,will be open to inspection by an authorized City of Miami Beach representative during the course of the Contract and for a period of two(2)years after expiration of the Contract. The Successful Contractor will maintain a personnel file for each employee employed under the Miami Beach contract. At a minimum,this file will,include: • Personal information of the employee,sex/race/DOB/and social security number. • Copies of Florida Driver license, Class"D" Security Guard license and Class"G" Firearms License (if applicable). • Copies or notification of all disciplinary actions taken by the Contractor or City of Miami Beach to include verbal or written warnings. • Training records. • Proof of successful Background Check and Drug Screening. The City reserves the right to perform an audit of the Successful Contractor's payroll and related records of employees assigned to the City of Miami Beach to ascertain that such employees' records correctly reflect payment received for the specific hours worked for the City. Such audit will be at the discretion and option of the City. Successful Contractor will be required to provide any and all records in its possession which contain information concerning hours worked and payment received based on the contractors invoices to the City of Miami Beach. All required documentation and personnel files will be readily available for inspection by any authorized City of Miami Beach representative,during initial research and during the course of this Contract. Failure to have the required documentation will be deemed as non-compliance to the Terms and Conditions of the contract. Liquidated Damages The selected Proposer(s)shall be liable for damages, indirect or direct, resulting from its failure to meet all contractual requirements or standards. The City, in its sole discretion, will determine the damages arising from such failure. The City assessment of all Liquidated Damages will be final. Repeated violations or patterns of violations will result in a doubling or tripling of the amount of Liquidated Damages. Subsequent violations will result in a Vendor Non-Performance.Any of these violations may result in selected Proposer's personnel being removed from the post and/or Contract issued as a result of this solicitation at the request of the City. A written notice of a violation and intent to impose liquidated damages shall be provided to the selected Proposer(s) in the form of an Infraction Report. Infraction Reports shall be issued to the selected Proposer(s) promptly by the City, in order to afford the selected Proposer(s) time to notify the City of extenuating circumstances. The graduation of Liquidated Damages will occur with the involvement of the . same facility, selected Proposer's personnel and a pattern of the same incidents at multiple posts (i.e. repeated violations of the same type). Any violations committed by selected Proposer(s)'s personnel may result in the suspension or removal from duty of said personnel at the discretion of the City. Violations that may result in the assessment of Liquidated Damages include, but are not limited to,the following; RFP 2015-013-YG Page 33 • • Management/Administrative Violations($100 per infraction): 1. Not properly equipped for specific detail. 2. No radio or inoperative radio. 3. Failure to fix an inoperative guard tour system or system component. 4. Leaving a post unattended or failure to fill post assignment within one hour of a scheduled assignment or event. 5. Lack of contract supervision. 6. Excessive hours on duty (more than a 10 hour shift if not approved in advance by the Contract Administrator). 7. Utilization of a security officer previously suspended from duty by the Contract Administrator. 8. Failure to follow all Vendor Rules and Regulations. Security Officer Violations($100 per infraction): 1. Unprofessional appearance or behavior. 2. Inappropriate behavior(reading,lounging,talking and texting on cell phone,etc.) 3. Failing to promptly prepare written reports. 4. Not completing required rounds. 5. Failing to follow post orders. 6. Failure to adhere to City of Miami Beach policies and procedures. Security Officer Significant Violations($250.00): 1. Late for duty. 2. Sleeping on duty. 3. Abandoning post. 4. Failure to report an incident 5. Any action that would cause the City harm,physically,financially,or reputational. Once a violation is identified and written notification of intent to fine ("Contract Discrepancy Report") is issued to the Successful Contractor. The Successful Contractor will have seven (7) days to provide a written response to the Contract Repeated violations will be taken as proof of a general incapacity on the part of the Successful Contractor to perform in accordance with contract requirements. Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. Conservation Of Utilities The Successful Contractor will be directly responsible for instructing employees in utilities conservation practices. The Successful Contractor will be responsible for operating under conditions, which preclude the waste of any/all utilities. Licenses And Permits Successful Contractor will abide by all ordinances and laws pertaining to his operation and will secure,at his expense,all licenses and permits necessary for these operations. Performance'Evaluation Meetings The Successful Contractor will assign a Contract Manager to meet with the City of Miami Beach Contract Administrator regularly and as required. A mutual effort will be made to resolve all problems identified. The RFP 2015-013-YG Page 34 written minutes of these meetings will be signed by the Successful Contractor's Contract Administrator and the City's Contract Administrator, and a copy will be forwarded to the Procurement Director. Should the Successful Contractor not concur with the minutes, he will state in writing to the Procurement Director any areas wherein he does not concur. Service Excellence Standards Excellent Customer Service is the standard of the City of Miami Beach. As contract employees of the City, security officers will be required to conduct themselves in a professional,courteous and ethical manner at all times and adhere to the City's Service Excellence standards. Post Order, Rules and Regulation Manual The City of Miami Beach will provide to Successful Contractor, for the duration of the contract, the Post Order and Rules and Regulation Manual. Changes to Post Orders, if needed, will be provided by the Contract Administrator through written addendum to these orders. All Security Personnel shall have access to these Post Orders and any updates at all times while on duty. This may be accomplished by storing the Post Orders on site or, in the instance in which no secure storage is available,delivering them to the site at the beginning of each tour of duty. • Should the City elect to utilize the services of the Security Officers for code enforcement, the City will provide guidance, direction and specific training related to the enforcing of City of Miami Beach City ordinances and codes. Additionally, the City of Miami Beach reserves the right to have any security officer removed from Miami Beach posts for violations of the Post Orders. Court Appearances The selected Proposer(s) personnel may be required to testify in various judicial proceedings on behalf of the City. These personnel shall coordinate all Contract-related court appearances with the City when such appearances are required. Any selected Proposer(s) personnel required to make a court appearance shall be remunerated by the selected Proposer(s) at the same hourly rate as would be earned while on duty under any Contract issued as a result of this solicitation and all extensions or renewals thereof, and the selected Proposer(s) shall in turn be remunerated by the City at the stipulated billing rate. The selected Proposer(s) shall invoice for the actual hours the employee spent at court, of whether or not his/her testimony was used and/or provided. (Court delays are common, and multiple appearances by the testifying employee may be required). A copy of the original subpoena shall be submitted with the corresponding invoice. Contract-related Court testimony on behalf of the City shall take priority over all other scheduled duties, and the selected Proposer(s)shall coordinate with the City to ensure that this is done with no impact to daily operations. Selected Proposer(s) personnel scheduled to testify on behalf of the City due to their Contract related duties shall appear for court testimony in full uniform however, without chemical weapons, batons, handcuffs or firearms. RFP 2015-01 3-YG Page 35 Estimated Weekly Service Hours by Security Officer Levels POST LEVEL ESTIMATED WEEKLY SERVICE HOURS Open Spaces (Parks, Boardwalks, etc.) 1 Officer Level V (Supervisor) 112 Hours Parking Facilities 2 Officers Level V(Supervisor) 224 Hours 7th Street Garage 1 Officer Level I or II 168 Hours 17th Street Garage 1 Officer Level I or II 168 Hours 16th Street Garage 1 Officer Level I or II 168 Hours South Beach Walk(14-21 St.) 1 Officer Level I or II 105 Hours Alaska Bay Walk (1-4 St.) 1 Officer Level I or II 42 Hours N. Beach Recreation Corridor(64-79 St.) 2 Officer Level I or II 176 Hours 1 Officer Level III 168 Hours City Hall Campus 3 Officers Level IV 120 Hours 1 Supervisor Level V 40 Hours 3 Officers Level IV 120 Hours 1 Officer Level V(Supervisor) 40 Hours Normandy Shores Gatehouse 1 Officer Level 1 or II 168 Hours Bass Museum 5 Officers Level I or II 150 Hours Sanitation Detail 1 Officer Level I or II 9 Hours Citywide 1 Officer Level VI/Project Manager 40 Hours RFP 2015-013-YG Page 36 APPENDIX D tra MIAMI itEACH Special Conditions . . 201 5-013-YG SECURITY OFFICER SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015-013-VG Page 37 1. TERM OF CONTRACT. The contract shall commence upon the date of notice of award and shall be effective for two(2) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one-year periods subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 4. COST ESCALATION. The hourly rates proposed by successful vendor(s) shall remain fixed for the term of the contract, however the City may consider requests for markup adjustment in the event of unforeseen governmental mandates (e.g., taxes, healthcare mandates, Living Wage, etc.) imposed upon the contractor. Requests for adjustment to hourly rates shall be submitted to the City's Procurement Department for review. If the requested adjustment is approved, the Procurement Department will formalize the adjustment by formal contract modification. It shall be further understood that the City reserves the right to reject any adjustment submitted by the vendor, and/or terminate the contract with the vendor based upon such price adjustments. 5. ADDITIONAL EQUIPMENT!SERVICES. Equipment/Services not specifically identified in this request may be added to, or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties. Additional equipment and or services may include, but not be limited to licensed and insured motor vehicles, off street motorized carts, Segway's, bicycles, guard tour systems, body cameras, hand-held metal detectors, x-ray screening of packages, walk-through metal detectors, K-9 detection services etc. 6. FAILURE TO PERFORM. The City reserves the right to take any action necessary to ensure that the security forces are fully staffed in order to protect the City of Miami Beach property, personnel, and assets. This may include contractual arrangements with others contractors for the purpose of obtaining alternative resources in the event that the successful contractor cannot perform If such arrangements are deemed necessary, then the successful contractor may, at the sole discretion of the City of Miami Beach, be terminated, and any cost incurred by the City of Miami Beach may be withheld from funds owed to the Successful Contractor. 7. SUB-CONTRACTING. Contractors/Proposers may subcontract to qualified security guards/firms, with the prior written approval by the City, when requested to provide additional guards for special/major events or on an "as needed" basis. RFP 2015-013-YG Page 38 Should the Successful Contractor provide security guards employed by a sub-contractor, the Successful Contractor will be required to provide a Labor and Materials (Payment Bond), in the amount of $100,000. The successful contractor will also provide an Employee Dishonesty Bond in the amount of $25,000. Additionally, the City reserves the right to deduct payment(s) in an amount specified in the bid/contract documents for either non-qualified security guard, and/or for unsatisfactory performance in accordance with the specified Terms and Conditions of the RFP. 8. SERVICE LOCATIONS AND ASSIGNMENT HOURS. It will be the sole discretion of the City of Miami Beach as to locations, number of guards and hours of services needed. The City of Miami Beach reserves the right to change possible locations and the required hours of service during the term of the Contract. 9. PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary. to ensure reimbursement for loss or damage to property through negligence of the Successful Contractor, its employees or agents. 10. PERFORMANCE BOND. The vendor to whom a contingent award is made shall duly execute and deliver to the City a Performance and Payment Bond in an amount that represents 100% of the vendor's offer price. The Performance and Payment Bond Form supplied by the City shall be the only acceptable form for these bonds. No other form will be accepted. The completed form shall be delivered to the City within 15 calendar days after formal notice of award. If the vendor fails to deliver the payment and performance bond within this specified time, including granted extensions, the City shall declare the vendor in default of the contractual terms and conditions, and the vendor shall surrender its offer guaranty/bid bond, and the City shall not accept any offer from that vendor for a twelve (12) month period following such default. The following specifications shall apply to any bond provided: All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Bond Amount Best Rating 500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,001 to 10,000,000 A VIII Over 10,000,000 A IX RFP 2015-013-YG Page 39 On contract amounts of$500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (2007) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. The surety company is licensed to do business in the State of Florida; 2. The surety company holds a certificate of authority authorizing it to write surety bonds in this state; Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the solicitation is issued; Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc.will also be acceptable. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out to the City of Miami Beach will be acceptable. All interest will accrue to the City of Miami Beach during the life of this contract and/or as long as the funds are being held by the City. The attorney-in-fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent. Pa e 40 RFP 2015=013-YG 5 APPENDIX E el-- MIAMI_ Cost Proposal Form 2015-013-YG SECURITY OFFICER SERVICES PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 REP 2015-013-YG Page 41 APPENDIX E 1 PROPOSAL TENDER FORM Failure,to submit Section 5,Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this REP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. This Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Form completed in pencil shall be deemed non-responsive. All corrections shall be initialed. DESCRIPTION ESTIMATED PROPOSED TOTAL COST PER QUANTITIES HOURLY RATE LEVEL (A) (B) (C) ROUTINE RATE 1 Security Officer Level I 30,000 $ $ 2 Security Officer Level II 30,000 $ $ 3 Security Officer Level III 8,700 $ $ 4 Security Officer Level IV 12,500 _ $ $ 5 Security Officer Level V 21,500 $ $ 6 Security Officer Level VI 2,000 _ $ $ 7 Vehicle—Monthly 2 $ $ I 8 Vehicle—Daily 15 $ $ 9 Bicycle—Monthly 8 $ $ 10 Bicycle—Daily 30 $ $ 11 Golf Cart—Monthly 4 $ $ 12 Golf Cart Daily 15 $ $ SUB-TOTAL(ROUTINE RATE) $ SPECIAL OR EMERGENCY RATE Security Officer Level I 1,000 $ $ Security Officer Level II 1,000 $ - $ Security Officer Level III 250 $ $ Security Officer Level IV 500 $ $ Security Officer Level V 800 $ $ Security Officer Level VI 100 $ $ . Vehicle—Daily 2 $ $ Bicycle—Daily 4 $ $ Golf Cart Daily 2 $ $ SUB-TOTAL(SPECIAL OR EMERGENCY RATE) $ RFP 2015-O13-YG Page 42 , APPENDIX E PROPOSAL TENDER FORM (CONTINUED) SUB-TOTAL(ROUTINE RATE) $ SUB-TOTAL(SPECIAL.OR EMERGENCY) $ TOTAL COST' $ *The Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: i. RFP 2015-013-YG Page 43 APPENDIX F MIAMI L: t Insurance Requirements 2015-01 3-YG SECURITY OFFICER SERVICES PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015-013-YG Page 44 AA I AAA I � F F i @ 6 a INSURANCE REQUIREMENTS PROFESSIONAL SERVICES The provider shall furnish to the Human Resources Department, Risk Management Division,City of Miami Beach, 1700 Convention Center Drive,3rd Floor, Miami Beach, Florida 33139,Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation and Employer's Liability Insurance for all employees of the provider as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence,for bodily injury and property damage.City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D.Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. The insurance coverage required above must include a waiver of subrogation in favor of the City. The insurance coverage required shall include those classifications,as listed in standard liability insurance manuals,which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B+"as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,or its equivalent, subject to the approval of the City Risk Management Division. Certificates will indicate no modification or change in insurance shall be made without thirty(30)days advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. RFP 2015-013-YG Page 45