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