Contract with FPI Security Services Inc. CITY CLERK OFFICE:
RAFAEL GRANADO or LI LIA CARDI LLO
DATE: 12/4/2020
FROM : Valerie Velez/Jorge Gueimunde
DEPARTMENT: PROCUREMENT
EXTENSION : 7490
CONTRACT: RFP-2020-007-JC- SECURITY OFFICER
SERVICES
CONTRACTOR: FPI Security Services Inc
COMMISSION DATE: 9-16-2020
ITEM NUMBER: R9 F
RESOLUTION : 2020-31444
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
FPI SECURITY SERVICES, INC
FOR
SECURITY OFFICER SERVICES PURSUANT TO
RFP 2020-007-JC
This Professional Services Agreement("Agreement")is entered into this 1St day of
April ,202 I,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 FPI
SECURITY SERVICES, INC.,a Florida corporation,whose address is 1771 N Flamingo Road.
Pembroke Pines. FL 33028("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 Police
Department Assistant Chief, Paul Acosta.
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 Contractor as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for
Proposals No. 2020-007-JC 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)6737023.
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, Scope of
Services" 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 have an initial Term of three (3) years, with two (2)
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.
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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.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated as
reflected in Exhibit A attached hereto (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 INVOICING
Contractor shall invoice the City on a monthly basis for the prior month for which services have
been rendered.
Upon receipt of an acceptable and approved invoice, payment(s)shall be made within forty five
(45) 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:
Account Payables Division: Payables miamibeachfl.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 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
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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.ADDITIONALLY,IN THE EVENT OF A PUBLIC
HEALTH,WELFARE OR SAFETY CONCERN,AS DETERMINED BY THE CITY MANAGER,
IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A
VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT,MAY IMMEDIATELY SUSPEND
THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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 alt claims, suits or actions of any kind
or nature in the name of the City, where applicable, including appellate proceedings, and shall
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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.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 vendor shall maintain the below required insurance in effect prior to awarding the contract
and for the duration of the contract. The maintenance of proper insurance coverage is a material
element of the contract and failure to maintain or renew coverage may be treated as a material
breach of the contract, which could result in withholding of payments or termination of the
contract.
A. Workers' Compensation and Employer's Liability per the Statutory limits of the
state of Florida.
B. Comprehensive General Liability (occurrence form), limits of liability
$1,000,000.00 per occurrence for bodily injury property damage to include
Premises/ Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written in "insurance requirements"of specifications).
C. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired
automobiles included.
D. Umbrella Liability- $5,000,000.00
Additional Insured - City of Miami Beach must be included by endorsement as an additional
insured with respect to all liability policies (except Professional Liability and Workers'
Compensation)arising,out of work or operations performed on behalf of the contractor including
materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased,hired or borrowed in the form of an endorsement to the contractor's
insurance.
Notice of Cancellation-Each insurance policy required above shall provide that coverage shall
not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance
Compliance Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
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Verification of Coverage — Contractor shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the Contractor's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications,at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668— ECM #35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at:
Certificates-miamibeach{c7r riskworks.com
Special Risks or Circumstances-The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
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.
6.3 PERFORMANCE BOND
The vendor to whom a contingent award is made shall duly execute and deliver to the City a
Performance and Payment Bond, attached hereto as Exhibit (C) 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
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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. 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 JURISDICTION/VENUE/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.
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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 OMITTED(
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 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may,on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
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(B)The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses,administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the
Contractor its officers, agents and employees, lobbyists, City staff and elected officials
to ensure compliance with the Contract Documents and to detect fraud and corruption.
Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office
of Inspector General.
(C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications,(bid/proposal)submittals, activities of the Contractor,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D)The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds,rebates,or dividends received,payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E)The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this contract,for examination,audit,or reproduction, until three(3)years
after final payment under this contract or for any longer period required by statute or by
other clauses of this contract. In addition:
i. if this contract is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this contract until such
appeals, litigation, or claims are finally resolved.
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(F) The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this contract.
Nothing,in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Contractor or third parties.
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.
Contractor may subcontract to qualified security guards/firms, with the prior written approval
of 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.
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.
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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
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term"public records"shall have the meaning set forth in Section 119.011(12),which
means 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.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the
definition of"Contractor"as defined in Section 119.0701(1)(a),the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement
if the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement,the Consultant shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records,the City shall immediately notify the Consultant of the request,
and the Consultant must,provide the records to the City or allow the records to
be inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (1)
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unilaterally terminate the Agreement; (2) avail itself of the remedies set forth
under the Agreement; and/or (3) avail itself of any available remedies at law or
in equity.
(3) A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Consultant the reasonable costs of enforcement, including
reasonable attorneys'fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action,the plaintiff provided written
notice of the public records request, including a statement that the
Consultant has not complied with the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
•
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELG NADO@ MVIIA IBEACHFL.GOV
PHONE: 305-673-7411
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:
$11.78/hr with health benefits; or $15.00/hr without benefits.
12
•
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. Any payroll request made by the City during the contract term shall be
submitted electronically via the City's electronic compliance portal, LCP Tracker
(LCPTracker.net).
10.9 FORCE MAJEURE
(A) A"Force Majeure"event is an event that(i)in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to
an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, not, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately upon
learning of the occurrence of the event or of the commencement of any such delay, but
in no case within fifteen(15)business days thereof,provide notice of(i)of the occurrence
of event of Force Majeure, (ii)of the nature of the event and the cause thereof, (iii)of the
anticipated impact on the Agreement, (iv)of the anticipated period of the delay, and (v)
of what course of action such party plans to take in order to mitigate the detrimental
effects of the event. The timely delivery of the notice of the occurrence of a Force
Majeure event is a condition precedent to allowance of any relief pursuant to this section;
however, receipt of such notice shall not constitute acceptance that the event claimed to
be a Force Majeure event is in fact Force Majeure, and the burden of proof of the
occurrence of a Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations. The suspension of any of the obligations
13
under this Agreement due to a Force Majeure event shall be of no greater scope and no
longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure event
with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event causing the suspension of performance shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of Force
Majeure delays a party's performance under the.Agreement for a time period greater
than thirty(30)days,the City may, at the sole discretion of the City Manager, terminate
the Agreement on a given date, by giving written notice to Consultant of such
termination. If the Agreement is terminated pursuant to this Section, Consultant 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. In no event will any condition of Force Majeure
extend this Agreement beyond its stated term.
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 CITY:
Paul Acosta, Assistant Chief of Police
MIAMI BEACH POLICE DEPARTMENT
OFFICE OF THE CHIEF OF POLICE
1100 Washington Avenue, Miami Beach, FL 33139
paulacosta{a,miamibeachfl.gov
14
TO CONTRACTOR:
FPI Security Services
1771 N Flamingo Road
Pembroke Pines, FL 33028
Attn: Daniel Gonzalez
doonzalezafpisecucity.corn
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 effectiveunless 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.
15
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: ----Td ----
--
Raf el E. ado, City Clerk By:
Dan Gelber, Mayor
Date: 1 I \ 1
klPICORP °RATED!
'4.
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FOR CONTRACTOR: FPI SECURITY SERVICES, INC.
ATTEST:
By: ( ( .---..._-- •,----7,--.)/-
Signature Signature
/ 6'64 z,,4 4 z. i /41c,v ,roso,-,,/ A i 0 ci,i16(er --Ire z 11)(E s i kw( (-!.1.7 0
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Print Name/Title Print Name/Title
Date: )2--,A1/2 a;)c.
• ^• e ft fi6 AS TO
OP NGUAGE
; 4v. EXECUTION
.40sate
11/ 4,49,,x0,
fly Attorney # ate
16
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:
B
By: y:
Ra el E. anado, City Clerk Dan Gelber, Mayor
Date: rL-18 itsrLA
1 s
IINCORtRATED.Tb:i
.401
............
FOR CONTRACTOR: FPI SECURITY SERVICES, INC.
ATTEST:
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Signature Signature
,t / 6(,) , /41-4- gs04/ i(::x piz re z , re s C frt.. (2-E.
Print Name/Title Print Name/Title I
Date: /2 ,46/262 c.)
.r' IF2JTAS'
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F 1,11';t X ENCUTION
City Attorney ole
16
•
To be Inserted:
EXHIBIT A—Billing Rates
EXHIBIT B—Payment and Performance Bond form
17
EXHIBIT A
BILLING RATES
Group A: Routine Rates
Item Description JIM' Rate
1 Security Officer Level I Hourly $21.03
2 Security Officer Level II Hourly ', $21.35
3 Security Officer Level III Hourly $22.72
4 Security Officer Level IV Hourly $23.33
5 Security Officer Level V Hourly $24.14
6 Bicycle—Monthly Each; $55.00
7 Bicycle—Daily Each $25.00
8 Golf Cart—Monthly Each $240.00
9 Golf Cart Daily Each , $40.00
Group B: Emergency and Special Events Rates
. e
�<Item Description UIM Rate
10 Security Officer Level I Hourly $24.99
11 Security Officer Level II Hourly $24.99
12 Security Officer Level III Hourly $26.99
13 Security Officer Level IV Hourly $26.99
14 Security Officer Level V Hourly $28.99
15 Vehicle—Daily Rate Each $70.00
16 Bicycle—Daily Rate Each $25.00
17 Golf Cart—Daily Rate Each $40.00
9
D2
FORM OF PERFORMANCE BOND
BY THIS BOND, We , as
Principal, hereinafter called Contractor , and , as
Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called
City, in the amount of Dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
20 , with City which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that City sustains as a result of default by
Contractor under the Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the
Contract, City having performed City obligations thereunder, the Surety may
promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if City
elects, upon determination by City and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
City, and make available as work progresses (even though there should
be a default or a succession of defaults under the Contract
D2
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the Contract
Price; but not exceeding, including other costs and damages for which
the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the Contract Price," as used in
this paragraph, shall mean the total amount payable by City to
Contractor under the Contract and any amendments thereto, less the
amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
D3
FORM OF PAYMENT BOND
BY THIS BOND, We , as
Principal, hereinafter called Contractor , and , as
Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called
City, in the amount of Dollars ($
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
20 , with City which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that City sustains because of default by
Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
Contractor in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and
who has not received payment for its labor, materials, or supplies shall,
within forty-five (45) days after beginning to furnish labor, materials, or
supplies for the prosecution of the work, furnish to Contractor a notice
that he intends to look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to Contractor and to the Surety, written
notice of the performance of the labor or delivery of the materials or
supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
D3
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this day of , 20
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
D4
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary(on behalf of)
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being
by me first duly sworn upon oath says that he/she has been authorized to execute the
foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on
behalf of Contractor named therein in favor of City.
Subscribed and Sworn to before me this day of
20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
ATTACHMENT A
RESOLUTION&COMMISSION AWARD MEMO
10/9/2020 Coversheet
Resolutions-C7 L
•
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 14, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PROFESSIONAL SERVICE
AGREEMENTS WITH (1) FPI SECURITY SERVICES, INC., AND (2) SECURITY ALLIANCE LLC, PURSUANT TO
REQUEST FOR PROPOSALS(RFP)NO.2020-007-JC, FOR SECURITY OFFICER SERVICES.
RECOMMENDATION
See memorandum attached.
Applicable Area
Citywide
Is this a"Residents Right to Does this item utilize G.O.
Know"item,_pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Neighborhoods-Prevent and solve crime for residents and visitors.
Legislative Tracking
Police/Procurement
ATTACHMENTS:
Description
O Memorandum
❑ Resolution
❑ Exhibit A-Draft Agreement-FPI
O Exhibit A-Draft Agreement-Security Alliance
https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=18840&MeetingID=774 1/1
DocuSign Envelope ID:51393270D-19E9-4EFO-AEF7-C15430F8F5FF
MIAM1EACH
COMMISSION MEMORANDUM
To: Honorable Mayor and Members of the City Commission
From: Jimmy L. Morales, City Manage —DocuSigned by:
Date: October 14, 2020 �iw�w� (bl.braj.LS
�—28CA 1819407049 6...
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE PROFESSIONAL SERVICE AGREEMENTS WITH (1)
FPI SECURITY,SERVICES, INC., AND (2) SECURITY ALLIANCE LLC, PURSUANT
TO REQUEST FOR PROPOSALS (RFP) NO. 2020-007-JC, FOR SECURITY
OFFICER SERVICES.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the resolution authorizing the Mayor and City Clerk to execute the agreements
with FPI Security Services, Inc. and Security Alliance LLC, pursuant to RFP 2020-007-JC, for
Security Officer Services.
BACKGROUND/HISTORY
The City's current security officer services contractor is G4S Secure Solutions (USA), Inc. The
agreement for these services was executed in April 2016 and is valid until April 2021. In
anticipation of the expiring agreement, the City issued RFP 2015-007-JC, for security officer
services, which resulted in the receipt of seven proposals. The evaluation committee appointed
by the City Manager ranked the proposals as follows:
1st—FPI Security Services, Inc. (TIED)
1st—Security Alliance, LLC (TIED)
3rd—Kent Security Services
4th—G4S Secure Solutions (USA), Inc.
5th—American Guard Services
6th—DECO International Security Corporation
7th—Centurion Security Group, LLC
On July 29, 2020, upon considering both the qualifications and cost, the City Manager
recommended that the Mayor and City Commission approve his recommendation to award
contracts to FPI Security Services, Inc., and Security Alliance LLC, the tied top-ranked proposers,
as co-primary contractors. The Mayor and City Commission approved the award of contracts to
FPI Security and Security Alliance and directed the Administration to return the negotiated
contracts to the City Commission for final approval. On September 16, 2020, a motion to
reconsider the award of contracts to the two firms was considered by the City Commission;
however, the motion failed.
DocuSign Envelope ID:5893270D-19E9-4EFO-AEF7-C15430F8F5FF
2 . Approve Contracts Pursuant to RFP 2020-007-JC for Security Officer Services
ANALYSIS
As directed by the City Commission, the Administration conducted negotiations with both firms
relative to contract terms, scope of work, and pricing. Currently, the City has an agreement with
G4S Security which expires in April 2021.As a result,following the execution of the new contracts,
security officer deployments will be divided between G4S, FPI and Security Alliance until April
2021. Doing so will give the Police Department an opportunity to work with FPI Security and
Security Alliance to assure that the new firms are well trained on City needs and there is a smooth
transition between the current contractor and the new firms. After the incumbent's contract ends
in April 2021,the Police Department will divide security officer deployments between FPI Security
and Security Alliance based on City needs.
As has been practice in other similar agreements and as directed by the City Commission, the
Administration has included language in the agreements that requires FPI and Security Alliance
to consider providing an opportunity for continued employment to employees of the current
contractor, based on each employee's individual qualifications.
With regard to pricing, the cost proposals initially submitted by FPI Security and Security Alliance
were fairly comparable to the City's pricing under the current contract, despite an approximate
9% increase in the CPI over the five years since the current contract was awarded.
Notwithstanding, staff has been able to secure additional pricing concessions from FPI Security
and Security Alliance which equates to approximately $33,000 and $36,000, respectively, in
annual savings when compared to the original proposals submitted by the firms. Final rates are
included in Exhibit A. In summary, assuming usage is equal to prior years, the City will not
experience a cost increase under the new agreement despite the CPI increase previously
referenced.
Finally, the Police Department has met with both FPI Security and Security Alliance and are
convinced both firms will perform well in delivering security services of the highest quality and
customer focus. Both firms have contracts for other public organizations and the references
verified have confirmed the same.
FINANCIAL INFORMATION
The costs associated with security officer services for the City of Miami Beach is subject to the
fund's availability approved through the City's budgeting process.
CONCLUSION
Based on staffs analysis, I recommend that the Mayor and City Commission approve the
Professional Services Agreements with (1) FPI Security Services, Inc.; and (2) Security Alliance
LLC, pursuant to Request for Proposals (RFP) 2020-007-JC, for Security Officer Services (with
' said Agreements incorporated herein by reference and attached hereto as Exhibit"A").
(7os os
�-RC AD
DocuSign Envelope ID:5693270D-19E9-4EFO-AEF7-C15430F8F5FF
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE
PROFESSIONAL SERVICE AGREEMENTS WITH (1) FPI
SECURITY SERVICES, INC., AND (2) SECURITY
ALLIANCE LLC, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 2020-007-JC, FOR SECURITY
OFFICER SERVICES.
WHEREAS, the City utilizes security officer services in order to create a daily visible
presence of security personnel, provide assistance to citizens and visitors, provide assistance
to law enforcement through deterrence (observe and report suspected criminal activity), and to
safeguard City property; and
WHEREAS, since April 2016, the City's security officer services contractor has been
G4S Secure Solutions (USA), Inc; and
WHEREAS,the current contract will expire on March 31, 2020; and
WHEREAS, in anticipation of the expiring contract, on October 16, 2019, the Mayor and
•
City Commission approved the issuance of Request for Proposals (RFP) No. 2020-007-JC, for
Security Officer Services ("the RFP"); and
WHEREAS, in addition to the daily security officer services, the City relies on security
officers to fulfill personnel staffing needs during special events throughout the year, including
Spring Break, Memorial Day Weekend, Fourth of July, and Art Basel; and
WHEREAS, therefore, the RFP contemplates a group for daily security officer services,
and a second group for special events and emergency services, to allow for better contingency
staffing options during high-demand periods and/or events; and
WHEREAS, on October 16, 2019, the RFP was issued and advertised with an opening
date of November 15, 2019; and
WHEREAS, a non-mandatory pre-proposal meeting was held on October 23, 2019; and
WHEREAS, on December 9, 2019, the City received a total of seven (7) proposals, all of
which were deemed to be responsive; and
WHEREAS, on January 9, 2020, the City Manager appointed the Evaluation Committee
("the Committee") via Letter to Commission (LTC)#017-2020; and
WHEREAS, the Committee convened on January 16, 2020, to review and score the
responsive proposals received; and
DocuSign Envelope ID:5B93270D-19E9-4EFO-AEF7-C15430F8F5FF -
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFP; and
WHEREAS, the Committee's evaluation process, including qualitative and quantitative
factors, resulted in the following order of ranking:
1st—FPI Security Services, Inc. (TIED);
1st—Security Alliance, LLC (TIED);
3rd — Kent Security Services;
4th—G4S Secure Solutions (USA), Inc.;
5th—American Guard Services;
6th— DECO International Security Corporation;
7th—Centurion Security Group, LLC; and
WHEREAS, after reviewing the results of the Evaluation Committee process, and the
proposals received, and considering the input provided by the Miami Beach Police Department,
the City Manager exercised his due diligence and recommended that the Mayor and City
Commission authorize the Administration to award co-primary contracts to 1) FPI Security
Services, Inc., and 2) Security Alliance, LLC, the tied, top ranked proposers; and
WHEREAS, on July 29, 2020, upon considering both the qualitative and quantitative
factors, the City Manager recommended that the Mayor and City Commission approve the
Resolution authorizing the award of contracts to FPI Security Services, Inc., and Security
Alliance LLC, the tied top-ranked proposers, as co-primary contractors; and further, authorize
the Mayor and City Clerk to execute the agreements; and
WHEREAS, on July 29, 2020, pursuant to Resolution 2020-31331, the Mayor and City
Commission accepted the City Manager's recommendation with the condition that the
Administration to bring the final negotiated contracts to the City Commission for final
consideration and approval; and
WHEREAS, as directed by the City Commission, the Administration conducted
negotiations with both firms relative to contract terms, scope of work, and pricing; upon
successful negotiations the Administration has finalized the agreements for City Commission
approval; and
WHEREAS, the City Manager recommends that the Mayor and City Commission hereby
approve the Professional Services Agreements with (1) FPI Security Services, Inc.; and (2)
Security Alliance LLC, pursuant to Request for Proposals (RFP) 2020-007-JC, for Security
Officer Services (with said Agreements incorporated herein by reference and attached hereto as
Exhibit"A").
DocuSign Envelope ID:5693270D-19E9-4EFO-AEF7-C15430F8F5FF
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 and authorize the Mayor and City Clerk to execute the
professional service agreement with (1) FPI Security Services, Inc., and (2) Security Alliance
LLC, pursuant to Request for Proposals(RFP) No. 2020-007-JC, for Security Officer Services.
PASSED AND ADOPTED this day of 2020.
DAN GELBER, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
Date
City Attorney
DocuSign Envelope ID:5B93270D-19E9-4EFO-AEF7-C15430F8F5FF
SUBJECT TO FORM APPROVAL BY CITY ATTORNEY'S OFFICE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
FPI SECURITY SERVICES, INC
FOR
SECURITY OFFICER SERVICES PURSUANT TO
RFP 2020-007-JC
This Professional Services Agreement ("Agreement") is entered into this day of
, 2020, 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 FPI
SECURITY SERVICES, INC., a Florida corporation,whose address is 1771 N Flamingo Road,
Pembroke Pines, FL 33028 ("Contractor").
SECTION 1
DEFINITIONS
\
Agreement: This Agreement between the Cityand 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 Police
Department Assistant Chief, Paul Acosta.
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.
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Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for
Proposals No. 2020-007-JC 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) 6737023.
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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,
Scope of Services" 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. , employrrient\.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 fewerservice,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
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predecessor contract,'end 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 ofemployment 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.Pre'decessor Employees working under this Agreement at the time
the list is submitted.
SECTION 3
TERM
The term of this Agreement (Term), shall have an initial Term of three (3) years, with two
(2) 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.
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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.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated as
reflected in Exhibit A attached hereto (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 unforeseengovernmental mandate, such as increases
in payroll taxes, healthcare mandates, living wage increases,%and other similar labor related
governmental mandates ("Cost Escalation"). In such amcase, 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 INVOICING
Contractor shall invoice the City on a monthly basis for the prior month for which services have
been rendered.
Upon receipt of‘an acceptable and approved invoice, payment(s)shall be made within forty five
(45) 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:
Account Payables Divisioni Pavables(cr�miamibeachfl.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
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City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior
to
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 orderto 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 SUCK NOTICE. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY THE CITY, CONTRACTORSHALL`,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, theright 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
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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. 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 vendor shall maintain the below required insurance in effect prior to awarding the contract
and for the duration of the contract. The maintenance of proper`insurance coverage is a material
element of the contract and failure to maintain or renew coverage may be treated as a material
breach of the contract, which could result in withholding of payments or termination of the
contract.
A. Workers' Compensation and Employer's Liability per the Statutory limits of the
state
of Florida.
B. Comprehensive General Liability (occurrence .form), limits of liability
1,000,000.00
per occurrence for bodily injury property damage to include Premises/
Operations; Products, Completed/"'Operations and Contractual Liability.
Contractual Liability and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements"of specifications).
C Automobile Liability $1,000,000 each,occurrence-owned/non-owned/hired
automobiles included.
D Umbrella Liability- $5,000,000.00
Additional Insured City of Miami Beach must be included by endorsement as an additional
insured with respect\to all liability policies (except Professional Liability and Workers'
Compensation)arising out of work or operations performed on behalf of the contractor including
materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased hired or borrowed in the form of an endorsement to the contractor's
insurance.
Notice of Cancellation-Each insurance policy required above shall provide that coverage shall
not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance
Compliance Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
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regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Verification of Coverage — Contractor shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements areto be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the Contractor's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications, at anytime.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668— ECM #35050
New York, NY 10163-4668:: "~ .
Kindly submit all certificates of insurance, 'endorsements;exemption letters to our servicing
agent, EXIGIS, at
Certificates-lriiarnibeach(c'riskworks.com
Special Risks_or Circumstances-fThe.City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances
Compliancewith the foregoing requirements shall not relieve the vendor of his liability and
obligation'under this section or under any section of this agreement.
6.3 PERFORMANCE BOND
The vendor to whom a contingent award is made shall duly execute and deliver to the City
a Performance and Payment Bond, attached hereto as Exhibit (C) 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:
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All bonds shall be written throughsuretyinsurers 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
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:
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1. The surety company is licensed to do business in the State of Florida;
2. The surety companyholds 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:,incompliance with the Florida Insurance
Code; and
5. Providing a ,copy of,the currently valid Certificate of Authority issued by the
United State`s 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.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
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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:toenter 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 ortelsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the'city's as set forth in Section 768.28,
Florida Statutes.
_. SECTION 9 •
\ [INTENTIONALLY OMITTED]
. ''=SECTION 10
• V 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), end ,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 OMITTED]
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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 bya°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 specifiedT,erms and Conditions of the,RFP.
10.4 PUBLIC ENTITY CRIMES :.,.
Prior to commencement of the Services, theContractor'sFall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
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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 applicantfor employment because of race, color, national origin,
religion, sex, intersexuality, gender°:identity, sexual orientation, disability, marital and
familial status,or age'.;,
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
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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 ere 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.
, rc
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.
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:
• $11.78/hr with health benefits; or$15.00/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
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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. Any payroll request made by the City during the contract term shall be
submitted electronically via the City's electronic compliance portal,, LCP Tracker
(LCPTracker.net).
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 CITY:
Paul Acosta,Assistant Chief.of Police
MIAMI BEACH POLICE DEPARTMENT
OFFICE OF THE CHIEF OF POLICE
1100 Washington Avenue,MiamifBeach, FL 33139
paulacosta\Amiamibeachfl.gov
TO CONTRACTOR:, •
FPI Security Services
1771 N Flamingo Road
Pembroke Pines, FL 33028
Attn: Daniel Gonzalez
dgonzalez(a�fpisecurity.com
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
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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 agree4th`at 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.
SECTION 13
INSPECTOR GENERAL AUDIT RIGHTS
1. Pursuant to Section "2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
2. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths,require the production of witnesses and monitor
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F
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the
Contractor its officers, agents and employees, lobbyists, City staff and elected officials
to ensure compliance with the Contract Documents and to detect fraud and corruption.
Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office
of Inspector General.
3. Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, 'oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Contractor,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
4. The Inspector General shall havethe right to,inspect and copy all documents and
records in the Contractor's possession, custody,or control which in the Inspector
General's sole judgment, pertain ti performance of the contract, including, but not
limited to original estimate files, change order estimate files,worksheets, proposals and
agreements from and with successful subcontractors andsuppliers, all project-related
correspondence, " memoranda, instructions, `financial documents, construction
documents, -(bid/proposal) and contract/ documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates,,or dividends received;payroll and personnel records and supporting
documentation for the aforesaid.documents and records.
5 The Contractor shall make available et its office at all reasonable times the records,
materials, and otherevidence regarding the acquisition (bid preparation) and
performance of this contract,for,examination,audit, or reproduction, until three(3)years
after'final payment under this contract or for any longer period required by statute or by
other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this contract until such
appeals, litigation, or claims are finally resolved.
6. The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this contract.
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Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Contractor or third parties.
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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: By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
Date: Date:
FOR CONTRACTOR: "FPI SECURITY SERVICES, INC.
•
ATTEST:
..ti
By:
Signature Secretary y `, Signature President
Print Name Print Name
Date: Date:
1
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To be Inserted:
EXHIBIT A— Billing Rates
EXHIBIT B— Payment and Performance Bond form
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EXHIBIT A
BILLING RATES
Group A: Routine Rates
Item " Description U/M .tRate' "
tj 7'
- Api 9 ,,,,,,v,: , R
•
1 Security Officer Level I Hourly , $21.03
2 Security Officer Level II , Hourly' $21.35
3 Security Officer Level III Hourly $22.72
4 Security Officer Level IV Hourly \ '' $23.33
5 Security Officer Level V Hourly , ''.\ $24.14
6 Bicycle—Monthly Each. \, $55.00
7 Bicycle—Daily Each \, $25.00
8 Golf Cart—Monthly.', '‘,Each/ $240.00
9 Golf Cart Daily '', Each $40.00
Group B: Emergency and Special Events Rates
Item Description ;--t,,,0,1,-7,;,- U/M A : Rate
10 Security Officer Level I Hourly $24.99
11 Security Officer Level II Hourly $24.99
12 Security Officer Level III Hourly $26.99
13 Security Officer Level IV Hourly $26.99
14 Security Officer Level V Hourly $28.99
15 Vehicle—Daily Rate Each $70.00
16 Bicycle—Daily Rate Each $25.00
17 Golf Cart—Daily Rate Each $40.00
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SUBJECT TO FORM APPROVAL BY CITY ATTORNEY'S OFFICE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
SECURITY ALLIANCE, LLC
FOR
SECURITY OFFICER SERVICES PURSUANT TO
RFP 2020-007-JC
This Professional Services Agreement ("Agreement") is entered.into this day of
, 2020, 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 Security
Alliance, LLC., a Florida Limited Liability Company, whose address is 8323 NW 12 Street,
Suite 215, Doral FL, 33125 ("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 thisAgreement: ; ;
City Manager: The chief administrative officer of the.City.
Contract Administrator: The Contract Administrator for the City shall be the City's Police
Department Assistant Chief, Paul Acosta.
Contractor.w, 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.
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Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for
Proposals No. 2020-007-JC 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) 6737023.
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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,
Scope of Services" 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,partiicular 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 fewereervice employees than the predecessor
contractor employed in connection with performance of the Services, the Contractor need
not offer employment under this,Agreementall 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 employmentto 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 (1,20),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 have an initial Term of three (3) years, with two
(2) 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
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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.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated as
reflected in Exhibit A attached hereto (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 TERMINATIONRIGHT
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 INVOICING
4.3 Contractor shall invoice the City on a monthly basis for the prior month for which services
have been rendered.
Upon receipt ofan acceptableand approved°invoice, payment(s) shall be made within forty five
(45) 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:
Account Payables Division: Pavables@miamibeachfl.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
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)
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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 SAT ANY TIME DURING THE
TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF'SUCH TERMINATION;WHICH
SHALL BECOME EFFECTIVE WITHIN THIRTY(30i 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 .forthe parties shall be the same as
provided for in Section 5.2.
_) SECTION 6
-;INDEMNIFICATIONAND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractoragrees 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 orother.mrongful 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.
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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 vendor shall maintain the below required insurance in effect prior to awarding the contract
and for the duration of the contract. The maintenance of proper insurance coverage is a material
element of the contract and failure to maintain or renew coverage may be treated as a material
breach of the contract, which could result in withholding of payments or termination of the
contract.
A. Workers' Compensation and Employer's,Liability per the Statutory limits of the
state
of Florida.
B. Comprehensive General Liability (occurrence form);• limits of liability I
1,000,000.00
per occurrence for bodily injury 'property;damage to include Premises/
Operations; Products, Completed Operations and Contractual Liability.
Contractual Liability`and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements"of specifications).
C. Automobile Liability- $1,000,000 each occurrence-,owned/non-owned/hired
automobiles included.
D. Umbrella Liability $ 5,000,000.00
Additional.Insured - City of Miami Beach must be included by endorsement as an additional
insured with respect'\to all liability policies (except Professional Liability and Workers'
Compensation) arising out of work or operations performed on behalf of the contractor including
materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor s
insurance.
Notice of Cancellation-Each insurance policy required above shall provide that coverage shall
not be cancelled, except'with notice to the City of Miami Beach do EXIGIS Insurance
Compliance Services. s.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
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Verification of Coverage — Contractor shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the Contractor's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
do EXIGIS Insurance Compliance Services
P.O. Box 4668— ECM#35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at:
Certificates-miamibeach( riskworks.com
Special Risks or Circumstances -The City of Miami Beach reserves theright to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
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.
6.3 PERFORMANCE\BOND
The vendor to whom a;contingent award is made shall duly execute and deliver to the City
a Performance and Payment Bond,.attached hereto as Exhibit (C) in an amount that
represents,,100% of the vendor's offer price. The Performance and Payment Bond Form
supplied by'the City shall be,tie 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
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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
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 withthe-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 underwritinglimitations 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 15 million dollars and on the Treasury List.
Surety Bonds-'guaranteed through U.S. Government Small Business Administration or
Contractors Training•and.Development Ince 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 (*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 JURISDICTION VENUE/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
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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. 2
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 way intended to
be a waiver of the limitation placed upon the City's liability, as set forth'in Section 768.28,
Florida Statutes
9
[INTENTIONALLY OMITTED1
N
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT.ANDINSPEC:TIONS`
Upon`s,,reasonable verbal or writtennotice to Contractor, and at any time during normal
business 'hours (i.e. 9AM , — 5PM, Monday through Fridays, excluding nationally
recognized holidays), and es 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 OMITTED]
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
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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 Bonds 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.
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 bet 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:
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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 storedelectronically 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, filrris,: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 1.19.0701`•; 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.
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 whoprovide services pursuant to this Agreement, the hourly living wage
rates listed below:
• $11.78/hr with health benefits; or$15.00/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
DocuSign Envelope ID:5B93270D-19E9-4EFO-AEF7-C15430F8F5FF
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. Any payroll request made by the City during the contract term shall be
submitted electronically via the City's electronic compliance portal, LCP Tracker
(LCPTracker.net).
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:
`h \
TO CITY:
Paul Acosta, Assistant/Chief ofPolice
MIAMI BEACH POLICE.DEPARTMENT
OFFICE OF THE CHIEF OF POLICE
1100 Washington Avenue., Miami Beach, FL 33139
paulacosta@m amibeachfl cov,
TO CONTRACTOR:
Security Alliance, LLC.
8323 NW 12 Street, Suite 218
Doral, FL 33126 ', f`
Attn: William A. Murphy
billm(c securitvalliancegrouD.com
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.
DocuSign Envelope ID:5B93270D-19E9-4EFO-AEF7-C15430F8F5FF
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;;inclusiveof the RFP, anyaddenda to the
RFP, and the Contractor's proposal,aswell.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 tothis Agreement.
SECTION 13
INSPECTOR GENERAL AUDIT RIGHTS
1. Pursuant to Section,,?-256 of\the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
2. The Office of thelnspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the
DocuSign Envelope ID:5B93270D-19E9-4EFO-AEF7-C15430F8F5FF
Contractor its officers, agents and employees, lobbyists, City staff and elected officials
to ensure compliance with the Contract Documents and to detect fraud and corruption.
Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office
of Inspector General.
3. Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Contractor,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
4. The Inspector General shall have the right,to inspect and\copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate_files,worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, ;financial documents, construction
documents, (bid/proposal) :and:contract documents, back-change documents, all
documents and records which' involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividendsreceived,'payroll and;personnel records and supporting
documentation for the aforesaid documents and records.
5. The Contractor shall makeavailable at,its office at all reasonable times the records,
materials, and\other evidence regarding the acquisition (bid preparation) and
performance of thiscontract,for examination, audit, or reproduction, until three(3)years
after final payment under this contract or'for;any longer period required by statute or by
other clauses of this contract:In addition.
i. If this contract is completely or partially terminated, the Contractor shall make
available records relating,to the work terminated until three (3) years after any
\resulting final,termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this contract until such
appeals, litigation 'or claims are finally resolved.
•
6. The provisions in`this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this contract.
Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Contractor or third parties.
DocuSign Envelope ID:5693270D-19E9-4EFO-AEF7-C15430F8F5FF
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: By
Rafael E. Granado, City Clerk Dan Gelber, Mayor
•
Date: �.Date .
N
FOR CONTRACTOR. , SECURITY ALLIANCE, LLC.
ATTEST:
•
By:
Signature Secretary Signature President
Print Name Print Name
Date: Date:
DocuSign Envelope ID:5693270D-19E9-4EFO-AEF7-C15430F8F5FF
To be Inserted:
EXHIBIT A—Billing Rates
EXHIBIT B—Payment and Performance Bond form
DocuSign Envelope ID:5B93270D-19E9-4EFO-AEF7-C15430F8F5FF
EXHIBIT A
BILLING RATES
Group A: Routine Rates
F
r� y' xlz
'-,,,.,'',,',.,..,'t,,,,,'.., g
+'0.,,,,,,,,,„..,,, to ,, 3 / v
-; ';,.',''',':1: '4°,4,';.;*'::,,'''';
t' Description § £!r Md ? '. Rate
S
1 Security Officer Level I Hourly $21.03
2 Security Officer Level II Hourly $21.35
3 Security Officer Level III '•H'ourly ' $22.72
4 Security Officer Level IV .'` Iflourly `.
$23.33
5 Security Officer Level V Hourly $24.14
6 Bicycle—Monthly ' $55.00
Each,<.
7 Bicycle—Daily .Each `.. $25.00
8 Golf Cart—Monthly = '',„ " Each $240.00
9 Golf Cart Daily Each_•., $40.00
Group B: Emergency and Special Events Rates
r,-,a T TTS e & €r;, v S �} d % I °� 4`p t
a
1'te ' ,,,-.';0%;,1-:-- escri ptro 5� �9/ U1 M ° ?' Rate s
'.. 10 Security Officer Level I Hourly $24.99
f 11 Security Officer Level II Hourly $24.99
'. 12 Security Officer Level III Hourly $26.99
13 Security Officer Level IV Hourly $26.99
14 Security Officer Level V Hourly $28.99
15 Vehicle—Daily Rate Each $70.00
16 Bicycle—Daily Rate Each $25.00
17 Golf Cart—Daily Rate Each $40.00
ATTACHMENT B
ADDENDUM AND RFP SOLICITATION
PROCUREMENT DEPARTMENT
MIAMI BEACH
175:Ue;:c:an.4�nae, Ek:/.17
Moll Beach,Furh,33138
nn-n.niamisear.hii.gcv
ADDENDUM NO.4
REQUEST FOR PROPOSALS(RFP)2020-007-JC
FOR SECURITY OFFICER SERViCES
NOVEMBER 27,2019
This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers,or other •
clarifications and revisions issued by the City The RFP is amended in the following particulars only(deletions are shown
by strikeihrough and additions are underlined).
I. MODIFICATIONS. •
RFP DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 PM,on Monday,
December%A1%at the following location: City of Miami Beach,Procurement Department,1755
Meridian Ave,3b Floor,Miami Beach,FL 33139.
Late proposals will not be accepted.Proposers are cautioned a plan sufficient time to allow for traffic or
other delays for whit the Proposer is solely responsible. •
II. RESPONSES TO QUESTIONS RECEIVED.
01:How many vehicles am required?
Al: As stated in Appendix C,Section C2(a)."The City requires the Contractor provide a
minimum of three(3)vehicles on a monthly basis,for a 24-hours per day,7-days per week
schedule,of no additional cost fo the City."Additionally,regarding Special or Emergency
Events(Group B),Section 04 states,'the City has two major annual events for which
additional Security Officers are needed.These events are New Year's Eve and Memorial Day...
two(2)additional vehicles have been utilized historically."
02: Can you please provide a Ion to the Qty's Living Wage Ordinance?
AZ Please see link below:
https:Illibrary;municode.comffilmlami beachlcodestcode of ardinances?nodetd=SPAGEOR
CH2AD ARTVIPR DIV6LIWARESECOEM S2-408LIWA
Any questions regarding this Addendum should be submitted in writing to the Procurement Depannx>nt to the attention
of the individual named below,with a copy to the City Clerk's Office at RalaslGranado�;mlamibeachtl.gov
Procurement Contact. Telephone: = ail:
Jason Crouch 305.573-7000,ext.2E694... JasanCrnuth miarnibeach0(5ov_________.__...._._—,
I ADDENDUM N0.4
RFP 2000.00nJC
SECURITY OFFICER SERVICES
Prdosers are reminded to acknowledge receipt of this addendum as part of your REP submission.
5cr
riL
1 Prccu nt Director
•
•
a .ADDENDUM NO.4
REP 2020-OO74C
SECURITY OFFICER SERVICES
M I Af/'\"�M I BEAC PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3rd Floor
Miami Beach, Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.3
REQUEST FOR PROPOSALS (RFP) 2020-007-JC
FOR SECURITY OFFICER SERVICES
NOVEMBER 25,2019
This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other
clarifications-and-revisions-issued=by-the-City,—The-RFP-is-amended-in-the-following-particulars-only-(deletions are shown—
by strikethrough and additions are underlined).
NEW ATTACHMENT(S). The following attachment(s) have been added to the ITB. Exhibit A, as
identified below,shall replace the plans already included in Appendix E of the ITB.
Exhibit A: Hourly Rate Sheet
Exhibit B: Post Hours and Equipment Sheet
II. RESPONSES TO QUESTIONS RECEIVED.
Q1: Does the awarded contractor have to have a physical operating office in Miami Beach?
Al: Operating office within the City of Miami Beach is recommended but not required.
Q2: Does the awarded contractor have to have a physical 24-hour dispatch center within the city limits of
Miami Beach?
A2: No.
Q3: Can an alternative mean of communication be considered other than radios?
A3: No.
04: Do radios.need to be on a repeater?
A4:Yes. '
Q5: Would the city consider eliminating the Record Capabilities for all communication equipment?
A5: No.
1 ' ADDENDUM NO.3 ..
RFP 2020-007-JC
Q6: Do the incumbent Officers that the City would like to retain currently have any type of non-compete
that would preclude them from staying?
A6: No.
Q7: Does the city have an objection to using Electric Vehicles?
A7: Due to issues created from flooding following storm events,the City prefers that electric
vehicles not be utilized for this contract.
Q8: Does the city have a preference on the type of vehicle to be used?
A8:The-City-prefers-the-use-of-pickup-trucks-due-to-the-requirements-to-maintain-and
transport various types and sizes of equipment.
Q9: Would the city consider allowing the Primary Contractor the use of an adequate Sub-Contractor only
to supplement personnel for the two largest holidays, New years Eve and Memorial Weekend assuming
they too would meet all of the specified criteria in this RFP?
A9: Only with prior written approval by the City's contract administrator, and if approved,
sub-contractor(s) must adhere to the applicable personnel terms and conditions as stated in
the contract.
Q10: Is the city currently using any Bicycles?
A10: No.
Q11: Is the city currently using any Segways?
All: No..
Q12: Do any of the special events require Level III Officers?
Al2: No.
Q13: Does the dispatch office have to be in Miami Beach city limits or within Miami Dade County is suffice?
A13:A dispatch is not required to be within the Miami Beach city limits.
Q14: What kind of radio equipment is the incumbent currently using to record radios communications as
required in the RFP? Do we need a radio recording communication device for this RFP?
A14: The incumbent was given an opportunity to use a multi-function smartphone device;
however,the City is not satisfied with this equipment for public safety.Therefore, under this
RFP the City will require two-way radios as the primary radio communications equipment.
2 ADDENDUM NO.3
RFP 2020-007-JC
Q15: Is there a particular brand of two-way radios required and does it have to be with repeaters? FCC
new radio technology does not require repeaters.
A15: No particular brand is recommended, Please submit your firm's commonly utilized
brand(s)within the RFP response,
Q16: Do all guards on duty require a radio?
A16:Yes.
Q17: Clarify armed security services hours and locations?
A17:Armed-security-services-are-only-provided-at 1)-Gity-Hall,-4t"-Floor,-1700-Convention
Center Drive;,2) Customer Service Center, 1755 Meridian Avenue; 3) Building Department,
1700 Convention Center Drive; and 4) North Beach Building Department, 962 Normandy
Drive. Hours are Monday-Friday,eight hours a day,as follows:
1. City Hall,Monday through Friday,0800.1700hrs,1 hour non-paid lunch;
2. Customer Service Center, Monday through Friday 0930-1830hrs, 1 hour non-paid lunch;
3. Building Department, Monday through Friday 0730-1630hrs, 1 hour non-paid lunch;and,
4. North Beach Building Department, Monday through Friday 0730.1630hrs, 1 hour non-paid
lunch.
Q18: Is there set living wages for Level 2,3,4,5 positions?
A18: Please refer to Section 2.408 of the City of Miami Beach Code.
Q19: How many hours of training is required per position?
A19: A minimum of eight (8) hours. More may be required with written notification to the
• contractor.
Q20: Is it possible to use a cellphoneinstead of a radio?
A20: No. ,
Q21: Do the current guards have a"non-compete"with the current vendor that will prevent them to work
for the new awarded security service provider?
A21: No.
Q22: Level 3 requirements were not consistent throughout the RFP sheets,can you clarify it?
A22:Security Officer Level Ill-An armed individual with Class D and G licenses.A minimum
two (2)years of experience,either as a Class D licensed Security Officer, Police Officer, or
Military Police are required. Level Ill Security,Officer(s)will only be posted at City Hall upon
request. Currently,there are no Level III Security Officers at City Hall,
3 ADDENDUM NO.3
RFP 2020-007-JC
Q23: Who is the incumbent.company?
A23: G4S Secure Solutions(USA)Inc.
Q24: What is the current bill rate for each guard level?
A24: Please refer to attached Exhibit A.
Q25: How many vehicles, golf carts and bicycles are currently being used by the incumbent company
and how many of them we require to provide?
A25: Please refer to attached Exhibit B.Bicycles are not currently being utilized.Appendix D
seeks pricing in the event that the City determines to utilize bicycles for future services.
Q26: Is the playback feature on the radio a requirement?
A26:Yes.
Q27: Please confirm that a dedicated Project Manager is required and the cost is to be included in the bill
rates?
•
A27: To clarify, the purpose of Section C2, Item J, is for the Contractor to determine and
provide a primary point of contact ("POC") to the City in order to communicate on related
administrative matters, as needed, with the City's Contract Administrator. This point of
contact("POC") will not have a billable rate.
Q28: A) Will the only patrol methods be golf cart and vehicle? B) No bikes or Segways?
A28: A)Yes. B) Not at this time,
•
Q29: Please provide the frequency of additional coverage requests (e.g., weekly, monthly), average of
additional hours requested and the average lead time given to the security contractor to provide the
requested additional coverage?
A29: Parking may request five (5) to ten (10) Security Officers weekly, depending on their
needs and/or special events. The City will endeavor to provide the contractor with at least a
seven (7)day lead time for additional requested personnel coverage.
Q30: Can guards ("Officers") be retained or does the current contract have a non-compete clause?
A30: The successful 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 RFP.Contractor
is notrequired 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.
4 ADDENDUM NO.3
RFP 2020-007-JC
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 reasonablly 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 ninety (90) days after the
Contractor's first date of,performance under this Agreement.
Within one hundred twenty(120)days from the Contractor's first dateof performance under
is
this Agreement, the Contractor shall furnish to the City's Contract.Administrator a certified
list-of-the-namesof-all-PredecessorEmployees-working-underthis-Agreement-at-the-time the
list is submitted.
• Q31: What is the current bill rate for each guard level?
A31: Please see attached Exhibit A.
Q32: How many vehicles, golf carts and bicycles,are currently being used by the incumbent company
and how many of them we require to provide?
A32: Please see attached Exhibit B.
Q33: Is the playback feature on the radio a requirement?
A33:Yes.
Q34: What is the estimated usage(number of annual hours) of prior contract?
A34: 2,500-2,700 hours weekly.
Q35: What was the contract amount spent last year?
A35: $2,700,000.00
Q36: Are there any additional services that may be needed that are not listed in the RFP?
A36: Fire Watch and Election detail,as needed.
Q37: How often!how many times have you assessed liquidated damages, if applicable?
A37: In the past, liquidated damages have been assessed as necessary.
Q38: Are there any vehicles required for this bid, if so how many?
A38:Please see attached Exhibit B, and Appendix C of the RFP for additional information. •
5 ADDENDUM NO.3
RFP 2020-007—JC
Q39: Could you please provide a fist of all equipment needed for this job?
A39: Please refer to Appendix C of the RFP for required equipment, including but not limited
to,flashlights, uniforms, and radios.
Q40: When does the living wage ordinances calculate?(day&month)
A40: Do not understand the question.
Q41: Can you please confirm if the applicable living wage is$14.44 without insurance?
A41.:Yes,-for_living-wages-rates-effective-January 1-201-9.-Flowever-,-for-2020-living-wage
rates,effective January 1,2020,please refer to Section 2-408 of the City of Miami Beach Code.
Q42: Do the living wage requirements apply to all levels of guards?
A42: Yes.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000, ext.26694 JasonCrouch@miamibeachfl.gov
Proposers'are reminded to acknowledge receipt of this addendum as part of your RFP submission.
S' c e
AIxDeif
P ocure t Director
6 ADDENDUM NO,3
RFP 2020-007-JC
Exhibit A
Hourly Rate Sheet
•
•
•
1
ADDENDUM NO.3
REQUEST FOR PROPOSALS(RFP)No.2020-007-JC
SECURITY OFFICER SERVICES
11/17/2019 (a)Appendix E"Cost Proposal Form"•REVISED I
for Agreement with G4S Pursuant to RFP 2015-013-YG for Security Officer Services.
Effective January 1,2018.
CURRENT HOURLY RATE ADJUSTED HOURLY RATE PROPOSED HOURLY RATE PROPOSED HOURLY RATE
DESCRIPTION (January 1-December 31,2018) (January 1,2019-December 31,2019) (January 1,2020-Expiration)
(B) (B) (B) ' (B)
•
ROUTINE RATE
Security Officer Level I $ 18.82 $ 19.45 $ I 20.08 $ 20.71
Security Officer Level II $ 18.82 $ 19.45 $ 20.08 $ 20.71
Security Officer Level III $ 22.19 $ 22.19 $ 22.19 $ 22.19
Security Officer Level IV $ 22.87 $ 22.87 $ 22.87 $ 22.87
Security Officer Level V $ 23.88 $ 23.88 $ 23.88 $ 23.88
Security Officer Level VI $ 40.26 $ 40.26 $ 40.26 $ 40.26
Vehicle-Monthly $ 4,956.00 $ 1,652.00 $ ' 1,652.00 $ 1,652.00
Vehicle-Daily $ 75.56 $ 75.56 $ 75.56 $ 75.56
Bicycle-Monthly $ 50.62 $ 50.62 $ 50.62 $ 50.62
Bicycle-Daily $ 48.89 $ 48.89 $ 48.89 $ 48.89
Golf Cart-Monthly $ 400.00 $ 400.00 $ 400.00 $ 400.00
Golf Cart Daily $ 182.11 $ 182.11 $ 182.11 182.11
SPECIAL OR EMERGENCY RATE,
Security Officer Level I $ 26.35 $ . 26.98 $ 27.61 $ 2824
Security Officer Level II $ 26.35 $ 26.98 $ 27.61 $ 28.24
Security Officer Level Ill $ 31.07 $ 31.07 $ 31.07 $ 31.70
Security Officer Level IV $ 32.02 $ 32.02 $ 32.02 $ 32.02
Security Officer Level V $ 33.43 $ 33.43 $ 33.43 $ 33.43
Security Officer Level VI $ 56.36 $ 56.36 $ 56.36 $ 56.36
Vehicle-Daily $ 75.56 $ 75.56 $ 75.56 $ 75.56
Bicycle-Daily $ 48.89 $ 48.89 $ 48.89 $ 48.89
Golf Cart Daily $ 182.11 $ 182.11 $ 182.11 $ 182.11
•
•
• I
Exhibit B
•
Officer Post Hours & Equipment Breakdown
••
•
•
•
3i
ADDENDUM NO.3
REQUEST FOR PROPOSALS(RFP)No.2020-007-JC
SECURITY OFFICER SERVICES
•
•
i
.
I
.
•
Police Department Security Operations Security Officer Protection Program
.
CltywldOGuand.Ro`saityimA tloalPotit .t .ase"N,WK.",:fia".ajt".:s.%:s21 0.10«-Z:,r./MAg/g0' Rx: `k,,,„....U�,. I
• Location/Post HouraNVeek Hours/Annual Fleet Dept.
Golf Cert. Vehicle Radios
• Garage 1 Traffic 39 2,028 1 Parking
Garage 1 Rover 188 8,736 1. Parking
• Garage 2 Traffic 103 5,356 1 Parking
j Garage 3 Traffic 50 2,600 1 Parking •
Garage 3-Rover92- 4;784' 1 -Parking-
. Garage 4 Rover 168 8,738 1 1 Parking
Garage 5-Traffic ' 37 1,924 1 Parking
Garage 6 Rover 112 5;824 1 1 Parking
Garage 5 Office 168 8,736 1 Parking
Garage 6 Traffic 168 8,736 1 Parking
•
Garage?Rover 128 6,658 1 Parking
Garage 9 Rover 44 2;288 1 Parking
•
Garage 10 Rover 88 4,576 1 Parking •
P1 Lot . 23 . 1,196 1 Parking
Sector 1 Supervisor(G4) 128 6,858 1 1 Parking
Sector 2 Supervisor(G5) 168 8,736 1 1 Parking
Customer Service Center 40 2,080 1 Finance
City Hall 1st floor 0 - 0 Police
City Hall 2nd floor Building Dept 40 2,080 1 Building
City Hall 3th Floor 40 2,080 1 Police
City Hall 4th Floor 40 2,080 1 Police
City Hall Evening Guard 40 2,080 1 Police
Homeless Outreach 40 2,080 1 Police .
North Beach Office Building Dept 40 2,080 1 Building • •!
Sanitation(Dickens)Monthly 20 240 1 Sanitation
Sanitation(Jefferson)Monthly 20 240 1 sanitation k
Normandy Gate 168 6,736 1 Prop Mgml
Normandy Rover 49 2,548 1 1 Parks 8 Ree
Biscayne Point 168 0,736 1 Prop Mgmt 1
Weekly Total 2349 122,628 3 2 28 1
Monthly Tetai 40 480
Overall Total 2389 123,108
Department Breakdown HouneWeekly HoursfAnnually Golf Carte Vehicles Radi0s
Parking Total 1684 87,568 2 2 16
PD Total •180 8,320 4
Building Dept. 80 4,160 2
Property Management 338 17,472 2 •
Parks 8 Rec 49 2,546 1 1
Sanitation Dept(Monthly) 40 480 2 • '
Finance Customer Service_Center __ 40 2,080 1
Overall Total 2349 122628 3 2 28
Monhly Total 40 480
Overall Total 2389 123,108
.
•
I
PROCUREMENT DEPARTMENT
M I AM I B EAC F-I
1755 Meridian Avenue,3rd Floor
Miami Beach,Florida 33139
www,miamibeachfl.gov
ADDENDUM NO. 2
REQUEST FOR PROPOSALS (RFP) 2020-007-JC
FOR SECURITY OFFICER SERVICES
NOVEMBER 8,2019
This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City.The RFP is amended in the following particulars only(deletions are shown
by strikethrough and additions are underlined),
1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on
Tuesday, December 3,2019.
City of Miami Beach
Procurement Department
1755 Meridian Ave, 3rd Floor
Miami Beach, FL 33139.
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other
delays,for which the Proposer is solely responsible.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl,gov
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000, ext.26694 JasonCrouch@miamibeachfl,gov
Pr.pos:r .re reminded to acknowledge receipt of this addendum as part of your RFP submission.
Si cert ly) ,i •
,;,-411L.4
0,Alex Dens
AD' Procurement Director
1 ADDENDUM NO,2 -
RFP 2020-007-JC
MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490.
ADDENDUM NO. 1 •
RFP 2020-007-JC
SECURITY OFFICER SERVICES
- OCTOBER 21, 2019
•
This Addendum to the above-referenced RFP is issued in response to questions from prospective
proposers, or other clarifications and revisions issued by the City. The RFP is amended in the
following particulars only (deletions are shown by strikethrough and additions are underlined).
I. REVISIONS: The following revision have been made to the RFP.
SECTION 0100, 1. GENERAL.
Prospective Proposers that have obtained this solicitation in any manner other than via
_e ' "- -•- - .e__ _e. -. _ - BidSync (www.bidsync.com) are advised
that the City utilizes PublicPurchace (www.publicpurchase.com) BidSync
(www.bidsync.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 -
PublicPurchacc BidSync must register immediately with PublicPurchase BidSync to
assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
SECTION 0100, 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
presubmittal meeting or site visit(s). The City by means of Addenda will issue
interpretations or written addenda clarifications considered necessary by the City in
response to questions. Only questions answered by written addenda will be binding and
may supersede terms noted in this solicitation. Addendum will be released through
PublicPurchaco BidSync. Any prospective proposer who has received this RFP by any
means other than through PublicPurchasc BidSync must register immediately with
PublicPurchase BidSync to assure it receives any addendum issued to this RFP. Failure
to receive an addendum may result in disqualification of proposal. Written questions
should be received no later than the date outlined in the Anticipated RFP Timetable
section.
1 ADDENDUM NO.1
RFP 2020-007-JC
SECTION 0200, 8. POSTPONEMENT OF DUE DATE FOR RECEIPT OF
PROPOSALS.
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 BidSync.
APPENDIX A2, 13. 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 www.bidsync.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.
Any questions regarding this Addendum should be submitted in writing to the Procurement
Department to the attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranado ac miamibeachfl.gov.
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000, ext.26694 JasonCrouch@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission.
1
lex enis
Pro cement Director
-sates nresseansm..marcemalesttmera
• J
2 ADDENDUM NO.1
RFP 2020-007-JC
MIAMI BEACH"
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO PROPOSERS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATION and QUESTIONNAIRE •
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS, SCOPE &SPECIAL CONDITIONS
APPENDIX D COST PROPOSAL FORM
APPENDIX E INSURANCE REQUIREMENTS
APPENDIX F ESTIMATED WEEKLY SERVICE HOURS BY OFFICER LEVELS
APPENDIX G SAMPLE PERFORMANCE BOND
AA IAM, BEACH;
SECTION 0100 INSTRUCTIONS TO RESPONDENTS
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 proposals for the City's consideration in evaluating qualifications to
select a firm with whom it may negotiate an agreement for the purpose noted herein.
Prospective Proposers that have obtained this solicitation in any manner other than via PublicPurchase
(www.publicpurchase.com) are advised that 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 seeking proposals from qualified firms capable of providing the City with
high quality and reliable Security Officer services. All work shall be in accordance with Section 493, Florida Statutes,
and the requirements as set forth in this RFP. The City of Miami Beach is interested in innovative approaches and
incorporating industry best practices, which exceed the requirements listed herein and result in cost-effective
solutions to the City's needs.
Objectives of the RFP award include accomplishing 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; and
• Safeguarding the residents,visitors,employees and property of the City of Miami Beach.
The City's current Security Officer Services contract is provided by G4S Secure Solutions (USA) Inc. The agreement
for these services was executed in April 2016, pursuant to the award of RFP 2015-013-YG, for Security Officer
Services. The City's estimated budget for this project is$2,700,000 annually.
The successful contractor(s) shall be required to comply with the City's Living Wage law for contractor employees,
as well as submit electronic payroll records through the City's compliance portal, LCP Tracker.
3.ANTICIPATED RFP TIMETABLE.The tentative schedule for this solicitation is as follows:
RFP Issued October 16,2019
Pre-Proposal Meeting October 23,2019 at 10:00 AM
Deadline for Receipt of Questions November 5, 2019 at 5:00 PM
Responses Due November 15, 2019 by 3:00 PM
Evaluation Committee Review TBD
Tentative Commission Approval Authorizing TBD
Negotiations
Contract Negotiations Following Commission Approval
MIAiv\i BEACH
4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000 x26694 'asoncrouch • miamibeachfl.•ov
additionally, the City Clerk is to be co.ied on all communications via e-mail at: RafaelGranado• miamibeachfl.sov;
or via 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.
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 Anticipated RFP Timetable section above at the following
address:
City of Miami Beach
Procurement Department
Conference Room
1755 Meridian Avenue,3rd Floor
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: 1-877-873-8018(Toll-free North America)
(2) Enter the MEETING NUMBER: 6312925
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). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through
PublicPurchase. Any prospective proposer who has received this RFP by any means other than through
PublicPurchace 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.Written questions should be received
no later than the date outlined in the Anticipated RFP Timetable section.
7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranadona miamibeachfl.gov
8. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal,the City reserves the right to
MIAMI BEACH
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).
9. PROPOSER'S RESPONSIBILITY. Before submitting a response, 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
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.
10.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give
a 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, and which is within five percent (5%) of the
lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or
contractual services for the lowest responsive proposal amount(or in this RFP, the highest proposal amount).
11. DETERMINATION OF AWARD. The final ranking results of Phase II evaluation process will be considered by
the City Manager who may recommend to the City Commission the Proposer(s)s/he 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.
12. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the
selected Proposer(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the
selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and
acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until
and unless an Agreement has been agreed to; approved by the City; and executed by the parties.
Ml BEACH,
SECTION 0200 GENERAL CONDITIONS
1.GENERAL DISCLAIMERS. through 2-490 of the City Code. Proposers shall be solely responsible for
a.The solicitation referenced herein is being furnished to the recipient by the ensuring that all applicable provisions of the City's Campaign Finance Reform
City of Miami Beach(the"City")for the recipients convenience.Any action laws are complied with, and shall be subject to any and all sanctions, as
• taken by the City in response to Proposals made pursuant to this solicitation, prescribed therein,including disqualification of their responses,in the event of
or in making any award,or in failing or refusing to make any award pursuant such non-compliance.
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 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379,
any liability or obligation on the part of the City.In its sole discretion,the City the Proposer shall adopt a Code of Business Ethics("Code")and submit that
may withdraw the solicitation either before or after receiving proposals,may Code to the Procurement Division with its response or within five(5)days upon
accept or reject proposals,and may accept proposals which deviate from the receipt of request. The Code shall, at a minimum, require the Proposer, to
solicitation, as it deems appropriate and in its best interest. In its sole comply with all applicable governmental rules and regulations including,among
discretion,the City may determine the qualifications and acceptability of any others,the conflict of interest,lobbying and ethics provision of the City of Miami
party or parties submitting Proposals in response to this solicitation. Beach and Miami Dade County.
b.The information contained herein is provided solely for the convenience of 7. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to
prospective Proposers.It is the responsibility of the recipient to assure itself request material in accessible format;sign language interpreters(five(5)days
that information contained herein is accurate and complete.The City does in advance when possible), or information on access for persons with
not provide any assurances as to the accuracy of any information in this disabilities. For more information on ADA compliance, please call the Public
solicitation. Any reliance on these contents, or on any permitted Works Department,at 305-673-7000,Extension 2984.
communications with City officials, shall be at the recipients own risk.
Proposers should rely exclusively on their own investigations,interpretations, 8.POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS.The
and analyses. The solicitation is being provided by the City without any City reserves the right to postpone the deadline for submittal of proposals and
warranty or representation,express or implied,as to its content,its accuracy, will make a reasonable effort to give at least three(3)calendar days written
or its completeness.No warranty or representation is made by the City or its notice of any such postponement to all prospective Proposers through
agents that any Proposal conforming to these requirements will be selected PublicPurchase.
for consideration,negotiation,or approval.
9. PROTESTS. Proposers that are not selected may protest any
c.Bidders are hereby advised that this solicitation is subject to the following recommendation for selection of award in accordance with the proceedings
ordinances/resolutions, which may be found on the City Of Miami Beach established pursuant to the City's bid protest procedures, as codified in
website:http:l/web.miamibeachfl.qov/procurement/scroll.aspx?id=79113 Sections 2-370 and 2-371 of the City Code(the City's Bid Protest Ordinance).
•CONE OF SILENCE—SECTION 2-486 Protest not timely made pursuant to the requirements of the City's Bid Protest
•PROTEST PROCEDURES—CODE SECTION 2-371 Ordinance shall be barred.
"DEBARMENT PROCEEDINGS—SECTIONS 2-397 THROUGH 2-485.3
"LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2- 10.JOINT VENTURES I SINGLE PURPOSE ENTITY. Joint Ventures are not
481 THROUGH 2-406 allowed.Proposals shall be submitted only by the prime contractor.Proposals
•CAMPAIGN CONTRIBUTIONS BY VENDORS—SECTION 2-487 may, however, identify other sub-contractors or sub-consultants to the prime
"CAMPAIGN CONTRIBUTIONS —SECTION 2 488 Proposer who may serve as team members.
"EQUAL BENEFITS FOR DOMESTIC PARTNERS—SECTION 2-373
"LIVING WAGE REQUIREMENT—SECTIONS 2-407 THROUGH 2-410 11.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City
•FALSE CLAIMS ORDINANCE—SECTION 70-300
•ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 Code Section 2-374, the City shall give a preference to a responsive and
responsible Proposer which is a small business concern owned and controlled
2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the by a veteran(s)or which is a service-disabled veteran business enterprise,and
convicted vendor list following a conviction for public entity crimes may not which is within five percent (5%) of the lowest responsive, responsible
submit a proposal on a contract to provide any goods or services to a public proposer,by providing such proposer an opportunity of providing said goods or
entity, may not submit a proposal on a contract with a public entity for the contractual services for the lowest responsive proposal amount(or in this RFP,
construction or repair of a public building or public work, may not submit a the highest proposal amount). Whenever, as a result of the foregoing
proposal on leases of real property to public entity, may not be awarded or preference,the adjusted prices of two(2)or more proposers which are a small
perform work as a contractor, supplier,sub-contractor, or consultant under a business concern owned and controlled by a veteran(s)or a service-disabled
contract with a public entity, and may not transact business with any public veteran business enterprise constitute the lowest proposal pursuant to an RFP
entity in excess of the threshold amount provided in Sec. 287.017, for or oral or written request for quotation, and such proposals are responsive,
CATEGORY TWO for a period of 36 months from the date of being placed on responsible and otherwise equal with respect to quality and service,then the
the convicted vendor list award shall be made to the service-disabled veteran business enterprise.
3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This RFP is subject 12. AGREEMENT BY BIDDERS. Any individual that submits a proposal in
to, and all Proposers are expected to be or become familiar with, all City response to this solicitation agrees to the following:
lobbyist laws. Proposers shall be solely responsible for ensuring that all City Any action taken by the City in response to Proposals made
lobbyist laws are complied with,and shall be subject to any and all sanctions, pursuant to this solicitation, or in making any award,or in failing or
as prescribed therein, including, without limitation, disqualification of their refusing to make any award pursuant to such Proposals, or in
responses,in the event of such non-compliance. cancelling awards, or in withdrawing or cancelling this solicitation,
4.DEBARMENT ORDINANCE:This RFP is subject to,and all proposers are either before or after issuance of an award, shall be without any
expected to be or become familiar with, the City's Debarment Ordinance as liability or obligation on the part of the City.
codified in Sections 2-397 through 2-406 of the City Code.
The City may,at its sole and absolute discretion,reject any and all,or parts of
5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. any and all,responses;re-advertise this RFP;postpone or cancel,at any time,
This RFP is subject to,and all Proposers are expected to be or become familiar this RFP process;or waive any irregularities in this RFP,or in any responses
with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 received as a result of this RFP.
JV`tIAAA;BEACH
services provided shall be provided by employees that are educated,trained,
Reasonable efforts will be made to either award the proposer the contract or experienced, certified, and licensed in all areas encompassed within their
reject all proposals within one-hundred twenty (120) calendar days after designated duties. Proposer agrees to furnish to the City any and all
proposal opening date.In accordance with Section 47 below,a Proposer may documentation, certification, authorization, license, permit, or registration
withdraw its proposal after expiration of one hundred twenty (120) calendar currently required by applicable laws,rules,and regulations. Proposer further
days from the date of proposal opening, by delivering written notice of certifies that it and its employees will keep all licenses, permits, registrations,
withdrawal to the Procurement Department. 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
13. COSTS INCURRED BY PROPOSERS. All expenses involved with the with this paragraph shall constitute a material breach of this contract
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 Where Developer is required to enter or go on to City of Miami Beach property
expense)of the Proposer,and shall not be reimbursed by the City. to deliver materials or perform work or services as a result of any contract
resulting from this solicitation,the Developer will assume the full duty,obligation
14.RELATIONSHIP TO THE CITY.It is the intent of the City,and Proposers and expense of obtaining all necessary licenses,permits, and insurance,and
hereby acknowledge and agree,that the successful Proposer is considered to assure all work complies with all applicable laws.The Developer shall be liable
be an independent contractor,and that neither the Proposer,nor the Proposer's for any damages or loss to the City occasioned by negligence of the Developer,
employees, agents, and/or contractors, shall, under any circumstances, be or its officers,employees,contractors,and/or agents,for failure to comply with
considered employees or agents of the City. applicable laws.
15. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 23.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from
442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the these General Terms and Conditions shall have precedence.
Florida Administrative Code delivered as a result of this proposal must be
accompanied by a Material Safety Data Sheet(MSDS)which may be obtained 24.NON-DISCRIMINATION.The Proposer certifies that it is in compliance with
from the manufacturer. the non-discrimination clause contained in Section 202,Executive Order 11246,
as amended by Executive Order 11375, relative to equal employment
16. ENVIRONMENTAL REGULATIONS. The City reserves the right to opportunity for all persons without regard to race,color,religion,sex or national
consider a Proposer's history of citations and/or violations of environmental origin. In accordance with the City's Human Rights Ordinance, codified in
regulations in investigating a Proposers responsibility,and further reserves the Chapter 62 of the City Code,Proposer shall prohibit discrimination by reason of
right to declare a Proposer not responsible if the history of violations warrants race,color,national origin, religion,sex, intersexuality,gender identity,sexual
such determination in the opinion of the City. Proposer shall submit with its orientation,disability,marital and familial status,age,ancestry,height,weight,
proposal, a complete history of all citations and/or violations, notices and domestic partner status,labor organization membership,familial situation,and
dispositions thereof.The non-submission of any such documentation shall be political affiliation.
deemed to be an affirmation by the Proposer that there are no citations or
violations.Proposer shall notify the City immediately of notice of any citation or 25. DEMONSTRATION OF COMPETENCY. The City may consider any
violation which proposer may receive after the proposal opening date and evidence available regarding the financial, technical, and other qualifications
during the time of performance of any contract awarded to it. and abilities of a Proposer,including past performance(experience)in making
an award that is in the best interest of the City,including:
17.TAXES.The City of Miami Beach is exempt from all Federal Excise and A. Pre-award inspection of the Proposer's facility may be made prior to the
State taxes. award of contract.
B. Proposals will only be considered from firms which are regularly engaged
18. MISTAKES. Proposers are expected to examine the terms, conditions, in the business of providing the goods and/or services as described in this
specifications, delivery schedules, proposed pricing, and all instructions solicitation.
pertaining to the goods and services relative to this RFP. Failure to do so will C. Proposers must be able to demonstrate a good record of performance for
be at the Proposers risk and may result in the Proposal being non-responsive. a reasonable period of time, and have sufficient financial capacity,
equipment,and organization to ensure that they can satisfactorily perform
19.PAYMENT.Payment will be made by the City after the goods or services the services if awarded a contract under the terms and conditions of this
have been received, inspected, and found to comply with contract, solicitation.
specifications, free of damage or defect, and are properly invoiced. Invoices D. The terms "equipment and organization", as used herein shall, be
must be consistent with Purchase Order format. 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
20. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and City.
save harmless the City of Miami Beach, Florida, and its officers, employees, E. The City may consider any evidence available regarding the financial,
contractors, and/or agents, from liability of any nature or kind, including cost technical, and other qualifications and abilities of a Proposer, including
and expenses for,or on account of,any copyrighted,patented,or unpatented past performance(experience), in making an award that is in the best
invention, process, or article manufactured or used in the performance of the interest of the City.
contract,including its use by.the City of Miami Beach,Florida. If the Proposer F. The City may require Proposer to show proof that it has been designated
uses any design,device or materials covered by letters,patent,or copyright,it as authorized representatives of a manufacturer or supplier,which is the
is mutually understood and agreed,without exception,that the proposal prices actual source of supply. In these instances, the City may also require
shall include all royalties or cost arising from the use of such design,device,or material information from the source of supply regarding the quality,
materials in any way involved in the work. packaging,and characteristics of the products to be supply to the City.
21. DEFAULT. Failure or refusal of the successful Proposer to execute a 26.ASSIGNMENT.The successful Proposer shall not assign,transfer;convey,
contract following approval of such contract by the City Commission, or sublet or otherwise dispose of the contract,including any or all of its right,title
untimely withdrawal of a proposal response before such award is made and or interest therein, or his/her or its power to execute such contract, to any
approved,may result in a claim for damages by the City,and may be grounds person,company or corporation,without the prior written consent of the City.
for removing the Proposer from the City's vendor list.
27. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and
22.MANNER OF PERFORMANCE.Proposer agrees to perform its duties and pay for all licenses,permits,and inspection fees required to complete the work
obligations in a professional manner and in accordance with all applicable and shall comply with all applicable laws.
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 28. OPTIONAL CONTRACT USAGE. When the successful Proposer is in
be a cause for relief from responsibility. Proposer agrees that the work and agreement,other units of government or non-profit agencies may participate in
A'\I ti ..BEACH
purchases pursuant to the award of this contract at the option of the unit of All records stored electronically must be provided to the public agency in a
government or non-profit agency. format that is compatible with the information technology systems of the public
agency.
29.VOLUME OF WORK.To the extent applicable,it is the intent of the City to
purchase the goods and services specifically listed in this solicitation. However, 33.OBSERVANCE OF LAWS.Proposers are expected to be familiar with,and
the City reserves the right to purchase any goods or services awarded from comply with,all Federal,State,
State or other governmental contracts, or on an as-needed basis through the County,and City laws,ordinances,codes,rules and regulations,and all orders
City's spot market purchase provisions. and decrees of bodies or tribunals having jurisdiction or authority which,in any
manner, may affect the scope of services and/or project contemplated by this
30.DISPUTES.In the event of a conflict between the documents,the order of RFP(including,without limitation,the Americans with Disabilities Act,Title VII of
priority of the documents shall be as follows: the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and
A. Any contract or agreement resulting from the award of this solicitation; guidelines).Ignorance of the law(s)on the part of the Proposer will in no way
then relieve it from responsibility for compliance.
B. Addendum issued for this solicitation,with the latest Addendum taking
precedence;then 34.CONFLICT OF INTEREST.All Proposers must disclose,in their Proposal,
C. The solicitation;then the name(s) of any officer, director, agent, or immediate family member
D. The Proposer's proposal in response to the solicitation. (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
31.INDEMNIFICATION.The Developer shall indemnify and hold harmless the who owns,either directly or indirectly,an interest of ten(10%)percent or more
City and its officers,employees,agents and instrumentalities from any and all in the Proposer entity or any of its affiliates.
liability, losses or damages, including attorney's fees and costs of defense,
which the City or its officers,employees,agents or instrumentalities may incur 35. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may
as a result of claims,demands,suits,causes of actions or proceedings of any submit a modified Proposal to replace all or any portion of a previously
kind or nature arising out of,relating to or resulting from the performance of the submitted Proposal up until the Proposal due date and time. Modifications
agreement by the Developer or its employees, agents, servants, partners, received after the Proposal due date and time will not be considered.Proposals
principals or subcontractors. The Developer shall pay all claims and losses in shall be irrevocable until contract award unless withdrawn in writing prior to the
connection therewith, and shall investigate and defend all claims, suits or Proposal due date,or after expiration of 120 calendar days from the opening of
actions of any kind or nature in the name of the City, where applicable, Proposals without a contract award. Letters of withdrawal received after the
including appellate proceedings, and shall pay all costs, judgments, and Proposal due date and before said expiration date, and letters of withdrawal
attorney's fees which may be incurred thereon. The Developer expressly received after contract award will not be considered.
understands and agrees that any insurance protection required by any
agreement with the City or otherwise provided by the Developer shall in no way 36.EXCEPTIONS TO RFP.Proposers must clearly indicate any exceptions
limit the responsibility to indemnify, keep and save harmless and defend the they wish to take to any of the terms in this RFP,and outline what,if any,
City or its officers,employees,agents and instrumentalities as herein provided. alternative is being offered. All exceptions and alternatives shall be
The above indemnification provisions shall survive the expiration or termination included and clearly delineated,in writing,in the Proposal. The City,at its
of this Agreement. sole and absolute discretion,may accept or reject any or all exceptions
and alternatives. In cases in which exceptions and alternatives are
32.FLORIDA PUBLIC RECORDS LAW.Proposers are hereby notified that all rejected,the City shall require the Proposer to comply with the particular
Proposals including, without limitation, any and all information and term and/or condition of the RFP to which Proposer took exception to(as
documentation submitted therewith, are exempt from public records said term and/or condition was originally set forth in the RFP and any
requirements under Section 119.07(1),Florida Statutes,and s.24(a),Art. 1 of exhibits or Addenda thereto).
the State Constitution until such time as the City provides notice of an intended
decision or until thirty(30)days after opening of the proposals,whichever is 37. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not
earlier. Additionally, Developer agrees to be in full compliance with Florida offer any gratuities, favors, or anything of monetary value to any official,
Statute 119.0701 including, but not limited to, agreement to (a) Keep and employee,or agent of the City,for the purpose of influencing consideration of
maintain public records that ordinarily and necessarily would be required by the this Proposal. Pursuant to Sec.2-449 of the City Code,no officer or employee
public agency in order to perform the services; (b) provide the public with of the City shall accept any gift,favor or service that might reasonably tend
access to public records on the same terms and conditions that the public improperly to influence him in the discharge of his official duties.
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 38. SUPPLEMENTAL INFORMATION. City reserves the right to request
records that are exempt or confidential and exempt from public records supplemental information from Proposers at any time during the RFP
disclosure requirements are not disclosed except as authorized by law;(d)Meet solicitation process,unless otherwise noted herein.
all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Developer upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
MIAMI BEACH
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.
2. LATE BIDS. Phase I 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. NON-RESPONSIVENESS. Failure to comply with the following requirements shall result in a determination of
non-responsiveness. Non-responsive proposals will not be considered.
1. Failure to submit a signed copy of Appendix A.
2. Failure to comply with the Minimum Eligibility Requirements(See Appendix C, Section 1).
4. OMITTED OR ADDITIONAL INFORMATION. With exception of the Proposal Certification Form (Appendix A-1)
and the Cost Proposal, if applicable, the City reserves the right to seek any omitted information/documentation or
any 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. Failure to submit any omitted or additional information in accordance with the City's request
shall result in proposal being deemed non-responsive.
5. 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 tabs, and sections as specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references.
TAB 1 Cover Letter& Minimum Qualifications Requirements
1.1 Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to
facilitate the evaluation committee's review.
1.2 Proposal Certification Form(Appendix A-1). Failure to submit the Proposal Certification Form with the
Proposal shall result in Proposal being deemed non-responsive.
1.3 Questionnaire& Requirements Affidavit(Appendix A-2).
1.4 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the
minimum qualification requirements established in Appendix C.
M.IANN'\I BEACH:
TAB 2 Project Team Qualifications
2.1 Organizational Chart:An organizational chart depicting the structure and lines of authority and communication
for all firms, principals and personnel involved in the project. Include information that describes the intended
structure regarding project management, accountability and compliance with the terms of the RFP.
2.2 Relevant Experience of Prime Proposer: Summarize two (2) or more projects where the Proposer and/or its
principals have provided services similar to those described herein. For each project provide the following:
a. project name and scope of services provided;
b. client;
c. client project manager and contact information;
d. contract value; and
e. term of the engagement.
TAB 3 Approach and Methodology
Submit detailed information on the approach and methodology that the Proposer and its team has used in past in
engagements in providing the scope of services described herein with a focus on the following, at a minimum.
a. Describe past experience and approach to conducting security assessments to determine best practice
approaches to securing any given location.
b. Describe crime prevention strategies that have been successful in past engagements, including the use of
innovative technology, such as geolocating methods as one example.
c. Provide evidence of on-going training provided to security officers above basic licensing requirements,
including the areas of customer service, sensitivity, diversity, non-discrimination, good judgment, ethical
behavior and interpersonal skills.
d. Describe firm's process for preparing for emergency events and special events.
e. Describe the communication protocols between managers, officers and customer agencies related to
various incident types and severity of incidents.
f. Indicate standard response times for non-emergency and emergency event.
g. Describe firm's central dispatch solution(s) as it relates to available technology capabilities, field
communications, and staffing.
h. Describe the firm's process for recruiting and retaining sufficient personnel to meet the City's staffing
needs.
i. Describe and provide evidence of the firm's processes for conducting full background checks.
j. Describe approach and policies regarding the appearance of personnel (uniforms, grooming, cleanliness
etc.).
k. Describe approach to deploying guards that are customer-focused while upholding the highest security
standards.
I. Describe the firm's contract management/administration process to ensure that the City is receiving
exceptional customer services within the unit prices bid and guards deployed.
m. Describe the firm's process for complying with the City's living wage requirements for contractor personnel,
including the firm's process for complying with compliance requirements.
TAB 4 Cost Proposal
Submit a completed Cost Proposal Form(Appendix D).
MIAMI BEACH
4. FINANCIAL CAPACITY. Within three (3) business days of request by the City, 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:/lsupplierportal.dnb.comlwebapplwcslstoreslservletlSupplierPortal?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 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.
5. ADDITIONAL INFORMATION OR CLARIFICATION. 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).
The City reserves the right to request any documentation omitted,with exception of the Cost(as applicable)
Proposal Form (Appendix D), Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A),
and Bid Bond (if applicable). Submittals received that do not include the Cost Proposal Form, completed as
required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any
omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non-
responsive. Non-responsive bid packages will receive no further consideration.
Balance of Page Intentionally Left Blank
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. In the event that only one responsive proposal is
received, the City Manager, after determination that the sole responsive proposal materially meets the
requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that
the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to
assist the evaluation committee in the evaluation of proposals.
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 Procurement Department. 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.
Step 1-Qualitative Criteria Maximum Points
Proposer Experience and Qualifications 40
Approach and Methodology 35
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 Procurement Department to those points
earned in Step 1, as follows.
Step 2-Quantitative Criteria Maximum Points
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
Example Maximum Formula for Calculating Points
Vendor Allowable Points (lowest cost/cost of proposal being
Vendor Cost evaluated X maximum allowable Total Points
(Points noted are for illustrative Awarded
Proposal purposes only.Actual points are points=awarded points)
noted above.) Round to
Vendor A $100.00 20 $1001$100 X 20=20 20
Vendor B $150.00 20 $1001$150 X 20=13 13
Vendor C $200.00 20 $100 I$200 X 20=10 10
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 Procurement Department. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
Proposer A Proposer B Proposer C
Ste. 1 Points 82 76 80
Committee Ste.2 Points 22 15 12
Member1 `-_ `` Total 104 91 92
Rank. 1 3 2
Ste. 1 Points 79 85 72
Committee Ste.2 Points 22 15 12
Member 2 Total 101 100 84
Ste. 1 Points 80 74 66
"Committee Ste. 2 Points 22 15 12
Member2. Total 102 89 78
Rank 1 E 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.
•
APPENDIX A
IA„ A 1A AA, $ g4=,
Proposal Certification
and
Questionnaire &
Requirements Affidavit
RFP 2020-007-JC
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
APPENDIX Al -PROPOSAL CERTIFICATION FORM
This document is a REQUIRED FORM that must be submitted fully completed and executed.
FAILURE TO SUBMIT THE PROPOSAL CERTIFICATION FORM WITH ITS PROPOSAL SHALL RESULT IN THE
PROPOSAL BEING DEEMED NON-RESPONSIVE.
Solicitation No: Solicitation Title:
2020-007-JC Security Officer Services
Procurement Contact: Tel: Email:
Jason Crouch 305-673-7000 x26694 jasoncrouchna miamibeachfl.gov
PROPOSER'S 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.:i
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO,:
Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and
conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents
of any Addenda released hereto;to be bound, at a minimum, to any and all specifications,terms and conditions contained herein
or Addenda;that the Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded
with any other proposer or party to any other proposal; that 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;that all responses, data and information
contained in the proposal are true and accurate.
Name of Proposer's Authorized Representative: 4 Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
APPENDIX A2-QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM
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.Attach any requested information.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
1. Veteran Owned Business.Is Pro oser claiming 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. References & Past Performance. Proposer shall attach at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided.
4. 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 anpublic sector agency?
• YES II NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
5. 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. 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.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each
individual or entity 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.
6. 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 Department 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 attach its 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 http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
7. . Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered
employees shall be paid the required living wage rates listed below:
1. Effective January 1,2019,covered employees must be paid a living wage rate of no less than$11.70 per hour with health
care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care 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. 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 and Procedure, as amended. Further information on the Living Wage
requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
Any payroll request made by the City during the contract term shall be submitted electronically via the City's electronic compliance
portal,LCP Tracker(LCPTracker.net).
SUBMITTAL REQUIREMENT: Indicate below that Proposer agrees to the living wage requirement.Failure to agree shall result in
proposal dis uglification.
YES NO
8. 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 NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domesfic partners*or to
domestic partners of employees?
YES NO
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 http://www.miamibeachfl.qov/city-hall/procurement/procurement-related-ordinance-and-procedures/
71
9. 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: Proposer agrees to the requirements of Section 287.133, Florida Statutes, and certifies it has not
been placed on convicted vendor list.Failure to agree shall result in roposal disqualification.
YES NO
10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the
blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national
origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.
SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami
Beach City Code.Failure to agree shall result in proposal disqualification.
YES NO
11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution
2016-29375,the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as
the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on
behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these
states.
SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375.Failure to agree
shall result in proposal disqualification.
YES NO
12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a
competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies,practices,
and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair
Chance Ordinance"),and which,among other things,(i)prohibits City contractors,as an employer,from inquiring about an applicant's
criminal history until the applicant is given a conditional offer of employment; (ii)prohibits advertising of employment positions with a
statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an
employment application that a person with a criminal record may not apply for the position.
SUBMITTAL REQUIREMENT: Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair
Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request.
Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall
entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and
in equity.Failure to agree shall result in pro osal disqualification.
YES NO
13. 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
APPENDIX B
E
i
" No Bid " Form
RFP 2020-007-J C
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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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 product/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: Jason Crouch
PROPOSAL #2020-007-JC
1755 MERIDIAN AVENUE, 3rd FLOOR
MIAMI BEACH, FL 33139
APPENDIX C
r
i%
Minimum Requirements ,
Scope of Services &
Special Conditions
RFP 2020-007-JC
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation
are listed below. Proposer shall submit, the required submittal(s) documenting compliance with
each minimum requirement. Proposers that fail to include the required submittals or fail to comply
with minimum requirements shallbe deemed non-responsive and shall not have its proposal
considered.
a. At the time of proposal submission, Proposer shall be licensed in accordance with
Chapter 493, Florida Statutes to perform Private Security Services.
SUBMITTAL REQUIREMENT: None required. The information will be
independently verified by the City during its due diligence process.
b. Proposer shall have provided security officer services for at least two (2) public
sector entities or two (2) private sector clients within the last ten (10)years.
SUBMITTAL REQUIREMENT: For each of the two (2) entitieslclients, provide
the following: Name of EntitylClient; Entity/Client Representative and
Contact Information (including email and telephone number(s); Beginning
and Ending Dates of Service; and Brief Description of Service.
C2. Statement of Work Requirements.
The Contractor shall deploy the Security Officers, and provide all vehicles, and ancillary items
listed herein, and further itemized on the Appendix D, Cost Proposal Form. The rates provided in
Appendix D shall include all services necessary to fully invoice the City for the services provided,
including the following:
At a minimum,the contractor shall provide:
a. A minimum of three (3),or as otherwise required by the City, roving Level V Security
Officers, equipped with a contractor-provided 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 thirty(30) minutes. A personnel 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 Citys Contract Administrator, or their
designee. The City requires the Contractor provide a minimum of three (3)
vehicles on a monthly basis, for a 24-hours per day, 7-days per week schedule, at
no additional cost to the City. In order to cover various special events, an
additional vehicle may be needed approximately fifteen (15)days per year.
b. Written activity and incident reports, maintenance requests, visitor logs, and
related documents, as dictated by the post assignment. Proposers 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.
d. A weekly report, downloaded from Deggy's, NFC tags, or other approved reporting
system to the City's Contract Administrator, or its designee.
e. The location of the Deggy's, NFC tags, or other approved reporting system to the
Contract Administrator or their designee for approval.
f. The Contractor shall designate its Contract Administrator who will be required to
meet with City representatives upon request, included in services at no additional
cost.
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.
Rules and Regulations Manual for Security Officers, and one (1) copy provided to
the City's Contract Administrator.
j. Designate the Project Manager to work with the City's Contractor Administrator to
review and/or develop Officer 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 City's Contract Administrator.
9 I. As required by the Living Wage law, submit electronic payroll records for covered
employees via the City's LCP Tracker, as requested by the City.
m. Successful Firm shall provide, at no cost to the City, each Security Officer with a •
flashlight(s) to'be worn on their person during every shift, as part of their issued
uniform.
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 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 and all costs incurred in order to perform the Services required by the City of Miami Beach,
shall be borne by the Successful Contractor.
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 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,
various parking lots and garages, 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 Officer services. Contractor shall, at a minimum, provide Security Officers
for the levels,locations and estimated weekly hours as indicated in Appendix F, Estimated Weekly
Service Hours by Post/Officer Levels.
C4. Special or Emergency Events(Group B).
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 Federal
Holidays, New Year's Eve, Memorial Day Weekend, Independence Day Weekend, and Labor Day
Weekend. 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.
In particular, the City has two major annual events for which additional Security Officers are
needed. These events are New Year's Eve and Memorial Day. For New Year's Eve,
approximately 150 additional officer hours and two (2) additional vehicles have been utilized
historically. For Memorial Day, the City has required an additional 4500 officer hours (non-
supervisor and supervisor).
Security officers Level I and II (unarmed) are utilized for special events. No armed guards are
utilized.
Notwithstanding the above, upon approval of the City Manager, the City may negotiate with the
Contractor for additional services or rates as dictated by the situation, at the City's sole discretion.
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. 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.
6.1 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 atall 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.
6.2 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.
6.3 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.
6.4 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 GC/MS Confirm
Drua
t:evel ?o ;at
Ani•hetarnines „10,09„,n24. 500 nvfmi
Barbiturates 300 norm{ 150 nolmf
Benzodiazepines 300 notmi 150 no/ml
Cocaine metabolites 300 n.lml I a n./ml
Marijuana metabolites 50 nq/ml 15 nglml
Methadone 300 n•ImI 300 no/mi
Metha.uatone 300 n•fntl 150 no/ml
C iates 2300 n rnt Zt1s 0 nXml
Pah ncvclidine 25 n.lrnl 25 nalml
Pro z heife 304 n�r t .__Jamb!
n lnfl
In the case of an alcohol test, a result of 0.01 or greater constitutes a positive result. A
confirmation breathalyzer test shalt be administered following the initial test in accordance with
the procedures in Title 40 Code of Federal Regulations,Part 40.
6.5 Minimum Licensure and Performance Requirements for All Levels of Security
Officers (Group A&B)
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 appropriate naturalization
papers.
c. Shall have a valid State of Florida Driver's 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).
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 Ill — 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.
What is the required class for the manager?
6.6 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.
6.7 Security Officers Level V Duties
In addition to the duties listed above Level V 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.
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.
6.8 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.
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.
6.9 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.
6.10 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
in writing by the City of Miami Beach Contract Administrator, or its designee.
6.11 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 Contractor's
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 and codes.
C7. Special Equipment
As needed, at the request of the City, the Successful Contractor may be required to provide
additional licensed and insured off-street motorized carts, Segway vehicles, and bicycles, at an
additional cost, as identified in Appendix D.
The Successful Contractor 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.
C8. Contractor Furnished Items
The selected Proposer(s) shall provide all working materials necessary for proper performance
including, but not limited to, items such 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 and incident reports) to the City within thirty (30) days of the contract
termination date.
C9.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 soley 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 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 is necessary for the
Successful Contractor to implement a system by which fresh batteries, adequate
supply of flashlights and charged radios are always ready and available.
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.
C10. 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 City's Contract Administrator, but
no later than the next workday.
C11. 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
(Security Officer), but must not be deducted from the employees' paycheck therefore reducing the
hourly pay rate to less than the living wage rate.
C12. 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.
C13. 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. Invoicing for special events separate from regular invoicing submittals.
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 Officer 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(s)of the Successful Contractor's payroll and related
records of employees assigned to the City of Miami Beach, in order to ascertain that such
employees' records correctly reflect payment received for the specific hours worked for the City.
Such audit(s)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 Contractor's
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.
C14. Performance Penalties
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 Contractor 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;
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.
9. Failure to comply with Living Wage payrolls.
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. ,
C15. 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.
C16. 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.
C17. 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 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 Contract Administrator any areas wherein he does not
concur. If for any reason, any Successful Contractor employee is terminated, the Contract
Administrator will be advised in writing.
C18. 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.
C19. 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.
C20. 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. Contractor'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, the
officer/employee must not appear with chemical weapons, batons, handcuffs or firearms, or other
items normally prohibited by a courthouse.
C21.SPECIAL CONDITIONS.
1. TERM. Any resulting contract shall remain in effect for three (3) years from the effective
date contingent upon funding available as appropriated on an annual basis. Prior to, or
upon completion, of that initial term,the City shall have the option to renew this contract for
an additional two (2) year(s) period on a year-to-year basis. Continuation of the contract
beyond the initial period, and any option subsequently exercised, is a City prerogative, and
not a right of the vendor. This prerogative may be exercised only when such continuation
is clearly in the best interest of the City.
2. 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, Seqway's, bicycles, guard tour systems, body cameras, hand-held metal
detectors, x-ray screening of packages, walk-throuqh metal detectors, K-9 detection
services, and related items.
3. INVOICE. 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. Any computerized printout from
the guard tour system must accompany the 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. Invoices shall be itemized and must include post location and job
number details. A Sign-in sheet is required with each invoice submitted, either written or
digital, to corroborate the invoiced times and related amounts.
4. SERVICE LOCATIONS AND ASSIGNMENT HOURS. It will be the sole discretion of the
City of Miami Beach as to locations, number of officers 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.
5. 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.
6. 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
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
1
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.
Balance of Page Intentionally Left Blank
APPENDIX D
f 1,; b ,t,;/
•o, r ..
Cost Proposal Form
RFP 2020-007-JC
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
APPENDIX D
COST PROPOSAL FORM
Failure to submit,Cost Proposal Form, in its entirety and fully executed by the deadline established for the
receipt of proposals will result in proposal bein. deemed non-responsive and bein. re'ected.
Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full
accordance with the requirements of this RFP, 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 (other than
rates mandated by the City), 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. The Cost
Proposal Form shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil
shall be deemed non-responsive.All corrections on the Cost Proposal Form shall be initialed.
Proposer rates are to be inclusive of account/contract manager(s) and any vehicles necessary for the successful
proposer(s) to carry out the duties of the contract with regard to administrative duties, personnel transport and
account management.
Group A: Routine Rates
Ite_ Descriptions *Estimated U/M Proposed Rate Total Cost
m Quantities
(a) (b) (c) _(a_X_c)
1 Security Officer Level I 30,000 Hourly $ $
2 Security Officer Level II 30,000 Hourly $ $
3 Security Officer Level III 8,700 Hourly $ $
4 Security Officer Level IV 12,500 Hourly $ $
5 Security Officer Level V 21,500 Hourly $ $
6 Bicycle—Monthly 8 Each $ $
7 Bicycle—Daily 30 Each $ $
8 Golf Cart—Monthly 4 Each $ $
9 Golf Cart Daily 15 Each $ $
Group A: Sub-Total(Routine Rates) $
Group B:Special or Emergency Rates***
Item. Description; *Estimated U/114 Proposed Rate ,Total Cost
Quantities
�.. . ., � :(a) (b) � .(c) -(a_X_c) a _.
10 Security Officer Level I 1,000 Hourly $ $
11 Security Officer Level II 1,000 Hourly $ $
12 Security Officer Level III 250 Hourly $ $
13 Security Officer Level IV 500 Hourly $ $
14 Security Officer Level V 800 Hourly $ $
15 Vehicle—Daily Rate 2 Each $ $
•
16 Bicycle—Daily Rate 4 Each $ $
17 Golf Cart—Daily Rate 2 Each $ $
Group B: Sub-Total(Special or Emergency Rates) $
TOTAL COST**(Group A Sub-total+Group B) $
*Estimated quantities are for comparison purposes and are not guaranteed quantities.
**The Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals.
***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 administrator.
Bidder's Affirmation
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
APPENDIX E
t\i A P 5
s T
12` N e`t; YSf ? .....,.. i'77-
Insurance
Insurance Requirements
RFP 2020-007-JC
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
i\AA/\AiBEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is
required to maintain throughout the term of the contract and any renewal
periods.
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements"of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4. Excess Liability-$ .00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
XXX 6. Other Insurance as indicated:
Builders Risk completed value $ .00
Liquor Liability $ .00
Fire Legal Liability $ .00
Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
X Other(Umbrella Liability) $5,000,000.00
XXX 7. Thirty(30)days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-
insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida
Constitution, and any other applicable Statutes.
APPENDIX F
y A A k, `, r i\
t_ i s
Estimated Weekly
Service Hours by
Post/Officer Levels °
RFP 2020-007-JC
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Estimated Weekly Service Hours
Contractor shall, at a minimum, provide Security Officers for the levels, locations and estimated
weekly hours indicated below.
Estimated Weekly Service Hours by Security Officer Levels
POST LEVEL " ESTIMATED WEEKLY
SERVICE HOURS
Parking Facilities 2 Officers Level V(Supervisor) 224 Hours
7th Street Garage 1 Officer Level I or II 168 Hours
17th Street Garage 1 Officer Level I or II 168 Hours
16th Street Garage 1 Officer Level I or II 168 Hours
Customer Service Center 1 Officer Level V(Supervisor) 40 Hours
1 Officer Level I 40 Hours
City Hall Campus 3 Officer Level V(Supervisor) 120 Hours
Normandy Shores Gatehouse 1 Officer Level 1 or II 168 Hours
Biscayne Point Gate 1 Officer Level I or II 168 Hours
North Beach Building Department 1 Officer Level V(Supervisor) 40 Hours
Sanitation Detail 1 Officer Level I or II 9 Hours
APPENDIX G
t end 1,1 ,,l 3 ' - ,2
p tY } 1 f,
' "f 11 lf�yyi') VC5I ,,# �,� f,1 _ � q i
Sample Performance
Bond
RFP 2020-00 7-J C
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
MIAMI BEACH 00710
FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the"Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract;and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract;then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract
00710
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ATTACHMENT C
SUNBIZ & PROPOSAL RESPONSE TO RFQ
Detail by Entity Name Page 1 of 2
•
Florida Department of State DIVISION OF CORPORATIONS
Department of State / Division of Corporations / Search Records / Detail By Document Number/
I
Detail by Entity Name
Florida Profit Corporation
FPI SECURITY SERVICES,INC.
Filing Information
Document Number P04000151888
FEI/EIN Number 37-1499692
Date Filed 11/05/2004
Effective Date 11/04/2004
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 10/14/2019
Event Effective Date NONE
Principal Address
1771 N FLAMINGO RD
PEMBROKE PINES,FL 33028
Changed: 10/14/2019
Mailing Address
1771 N FLAMINGO RD
PEMBROKE PINES,FL 33028
Changed: 10/14/2019 '
Registered Agent Name&Address
PEREZ,ALEXANDER A
1771 N FLAMINGO RD
PEMBROKE PINES, FL 33028
Officer/Director Detail
Name&Address
Title PD
PEREZ,ALEXANDER A
1771 N FLAMINGO RD
PEMBROKE PINES,FL 33028
Title V
GONZALEZ, DANIEL
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/21/2020
Detail by Entity Name Page 2 of 2
1771 N FLAMINGO RD
PEMBROKE PINES,FL 33028
Title SV
PEREZ,TERESA MAITE
1771 N FLAMINGO RD
PEMBROKE PINES,FL 33028
Annual Reports •
Report Year Filed Date
2018 01/31/2018
2019 02/11/2019
2020 01/20/2020
Document Images
01/20/2020--ANNUAL REPORT View image in PDF format
10/14/2019--Amendment View image in PDF format
02/11/2019--ANNUAL REPORT View image in PDF format
01/31/2018--ANNUAL REPORT View image in PDF format
05/02/2917---Amendment View image in PDF format
03/21/2017--ANNUAL REPORT View image in PDF format
04/15/2016—ANNUAL REPORT View image in PDF format
06/24/2015--Name Chance View image in PDF format
06/17/2015--ANNUAL REPORT View image in PDF format
04/25/2014—ANNUAL REPORT View image in PDF format
02/18/2013—ANNUAL REPORT View image in PDF format
03/21/2012—ANNUAL REPORT View image in PDF format
04/29/2011--ANNUAL REPORT View image in PDF format
05/06/2010--ANNUAL REPORT View image in PDF format
05/01/2009--ANNUAL REPORT View image in PDF format
09/15/2008--ANNUAL REPORT View image in PDF format
09/19/2007--ANNUAL REPORT View image in PDF format
01/06/2006—REINSTATEMENT View image in PDF format
06/01/2005--ANNUAL REPORT View image in PDF format
11/05/2004--Domestic Profit View image in PDF format
Fiance Department..State. o-i Como,Strops
http://search.sunb iz.org/Inquiry/Corporation Search/SearchResultDetai1?inquirytype=Entity... 1/21/2020