Amendment No. 1 to the Agreement with SFM Services, Inc. DocuSign Envelope ID:A1769A60-9E0B-4634-8399-356BF99910F8 CZE
AMENDMENT NO. 1 TO THE CONTRACT "'�
BETWEEN vU jj 2,0
THE CITY OF MIAMI BEACH, FLORIDA
AND
SFM SERVICES, INC
( FOR CONTRACT PURSUANT TO ITS 2020-042-AY
FOR GROUNDS MAINTENANCE-RIGHT OF WAY, PARKING FACILITIES, LINCOLN ROAD
AND COASTAL AREAS
This Amendment No.1 (Amendment) to the Contract, dated June 24, 2020 ("Contract"),
by and between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at
1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and SFM Services,
Inc. a Florida company, having its principal place of business at 9700 NW 79 Ave, Hialeah
Gardens, FL 33016 (Contractor), is entered into this 27 day of Apri1 _ 2021
(Effective Date)and hereby amends (he Contract as follows:
RECITALS
WHEREAS,on June 24,2020, the Mayor and City Commission approved the award
of Invitation to Bid ("ITB") No. 2020-042-AY for Grounds Maintenance-Right of Way,
Parking Facilities, Lincoln Road and Coastal Areas; and
WHEREAS, section 200, Sub-Section 16 "Binding Contract" of the ITB stipulates
that the award of the ITB shall constitute a binding Contract between the City and the
awarded bidder: and
WHEREAS, the Contractor was awarded as primary for: Group X, Lot Clearance,
Secondary for group VI, Lincoln Road Mall, and tertiary for Group I, South Beach Row, Il
Middle Beach Row, Group III, Miami Beach Causeways, Group VII, South RDA Row,
Group VIII, City Buildings and Maintenance Facilities, Group IX Parking Lot; and
WHEREAS, Section 3.1(b)of the Contract, entitled "WORKER DOCUMENTATION
AND CONTRACTOR PERSONNEL, indicates that the Contractor may, upon request,
submit alt employees to a background check assigned to this Contract at no cost to the
City, in compliance with local, state, and federal laws;
WHEREAS, the background check is required to be completed by the City of Miami
Beach's Human Resources Department at the expense of the Contractor; and
WHEREAS, due to the large number of employees assigned to the Contract, the
City of Miami Beach's Human Resources Department has confirmed that that will not be
able to complete the background checks; and
WHEREAS, to assure that covered service contractors doing business with the City
continue to comply with the requirements of the Contract, it is necessary to amend Section
3.1(b) of the Contract; and
WHEREAS, the Contract is subject to the City's Living Wage Ordinance per
Appendix "A" Section 5 of the ITS; and
DocuSign Envelope ID:A1769A60-9E0B-4634-B399-356BF99910F8
WHEREAS, each year, as part of the annual budget process, the City Commission
considers whether or not it desires to revise or maintain the proposed living wage rates
via the Ordinance; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted
Resolution No. 2020-31399, accepting the recommendation of the Finance and Economic
Resiliency Committee to increase the living wage rate by one percent, to no less than
$11.90 per hour with health care benefits of at least $3.25 per hour, or $15.15 per hour
without health care benefits, for calendar year 2021, and delegating the authority to the
City Manager to amend any contract, as necessary in order to implement the one percent
increase to the living wage rate.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Contract as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Contract is hereby modified (deleted items stfeck-thee gh and inserted items
underlined)as follows:
(a) A new Section 73 (INSPECTOR GENERAL AUDIT RIGHTS)is hereby added to '
Section 0200(Instructions to Bidders)of the Contract:
73 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.
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 protects and programs. Monitoring of an existing City
prosect or program may include a report concerning whether the protect 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 protect 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
DocuSign Envelope ID:A1769A60-9E0B-4634-6399-356BF99910F8
•
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 iudgment, 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:
1. 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
2. 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.
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.
G. Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities.Theprovisions 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:A1769A60-9E0B-4634-8399-356BF99910F8
(b) Section 3.1(b), entitled "WORKER DOCUMENTATION AND CONTRACTOR
PERSONNEL, of Appendix C(Minimum Requirements& Specifications)of the
Contract is hereby modified to read as follows:
3.1(b)WORKER DOCUMENTATION AND CONTRACTOR PERSONNEL
3.1(b)(1) Worker Documentation. The Contractor's employees shall be
United States citizens or in possession of appropriate documentation permitting
the employees to work in Dade County. Contractor shall comply with Section
448.095, Florida Statutes, "Employment Eligibility"("E-Verify Statute"), as may be
amended from time to time. Pursuant to the E-Verify Statute, commencing on
January_1, 2021, Contractor shall register with and use the E-Verify system to
verify the work authorization status of all newly hired employees during the Term
of the Contract, Additionally, Contractor shall expressly require any subcontractor
performing work or providing services pursuant to the Contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract Term. If Contractor enters into a contract with an approved subcontractor,
the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
• alien. Contractor shall maintain a copy of such affidavit for the duration of the
Contract or such other extended period as may be required under this Contract.
3.1(b)(1)(i) Termination Rights.
(1) If the City has a good faith belief that Contractor has
knowingly violated Section 448.09(1), Florida Statutes, the City
shall terminate this Contract with Contractor for cause, and the City
shall thereafter have or owe no further obligation or liability to
Contractor.
(2) If the City has a good faith belief that a subcontractor has
knowingly violated the foregoing Subsection 3.1(b)(1), but the
Contractor otherwise complied with such subsection, the City will
promptly notify the Contractor and order the Contractor to
immediately terminate the agreement with the
subcontractor. Contractor's failure to terminate a subcontractor
shall be an event of default under this Contract, entitling City to
terminate the Contractor's Contract for cause.
(3) A contract terminated under the foregoing Subsection (i)(1)
or (2.).is not in breach of contract and may not be considered as
such.
(4) The City or Contractor or a subcontractor may file an action
with the Circuit or County Court to challenge a termination under
the foregoing Subsection (i)(1) or(i)(2) no later than 20 calendar
days after the date on which the contract was terminated.
(5) If the City terminates the Contract with Contractor under the
foregoing Subsection(i)(1),Contractor may not be awarded a public
contract for at least 1 year after the date of termination of this
Contract.
(6) Contractor is liable for any additional costs incurred by the
City as a result of the termination of this Contract under this
Subsection 3.1(b)(1Z
DocuSign Envelope ID:A1769A60-9E0B-4634-B399-356BF99910F8
• 3.1(b)(2) Background Screening. The Contractor may upon request submit
all employees to a background check assigned to this Contract at no cost to the
City, in compliance with local, state and federal laws.T-he-baekceen4-otiesk-shaft
be-completed-by-ttae-G+ty-ef-Miami-1 eaehLs-#burr}ars--Resaurses-departmeet--at tho
expense-of-Floe-Centcaster-The Contractor shall conduct a full criminal background
check at its own expense on each of its employees engaged in providing services
under this ITB or any resulting agreement prior to the commencement of said
services. Any Contractor employee eligible to perform work pursuant to this ITB,
or resulting agreement, shall require the prior approval of the HR Department if he
or she: (1) has been convicted of or was placed in a pre-trial diversion program
for any crime involving dishonesty or breach of trust; embezzlement; drug
trafficking; forgery; burglary; robbery; theft perjury; possession of stolen property;
identity theft; fraud; money laundering; shoplifting; larceny; falsification of
documents and/or (2) has been convicted of any sex, weapons, or violent crime
including but not limited to homicide; attempted homicide; rape; child molestation;
extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal
weapon possession, sale or use. The Contractor shall defend, indemnify and hold
the City, its officers, employees, and agents harmless from and against any and
all liability, loss, expense(including reasonable attorney's fees)or claims for injury
or damages arising out of its failure to comply with this requirement.
(c) Subsection 3.1(c), entitled "UNIFORMS", of Appendix C (Minimum Requirements &
Specifications)of the Contract is hereby modified to include the following new sentence at
the end of said Subsection:
Contractor's personnel must wear photo identification at all times.
(c) Based upon approved Resolution No. 2020-31399, effective January 1, 2021,
Contractor will invoice the City, on a monthly basis, an additional $0.15 per hour
for employees working under the Contract to cover the increase in the minimum
wage rate, based upon the applicable minimum wage rate of$15.15 per hour, plus
$0.0165 per hour for related payroll taxes, for a total increase of$0.1665 per hour
for covered employees.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Contract, the provisions of this
Amendment shall govern.
The remainder of this page is left blank intentionally.
DocuSign Envelope ID:Al 769A60-9E0B-4634-B399-356BF99910F8
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
�DocuSigned by: DocuSigned by:
By: At,1, t. arca/tabC�(al�►�. DROA
`Ief En ado, City Clerk 7AE29EF3401349E... •
Alina T. Hudak,City Manager.
4/27/2021 I 10:00 EDT
Date
FOR CONTRACTOR: SFM SERVICES, INC.
ATTEST:
By: •mparArim is _ ' %.�
Pres •: t
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