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Amendment No.5 to Professional Services Agreement with SFM Services, Inc. DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 202-Z,- 321 AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. This Amendment No. 5 ("Amendment") to the Professional Services Agreement, dated May 28, 2019 ("Agreement"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and SFM SERVICES INC., a Florida for profit corporation, whose address is 9700 NW 79th Avenue, Hialeah Gardens, FL 33016 (the 'CONTRACTOR"), is entered into this day of , 2022. RECITALS AUG 0 3 2022 WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City- wide (the RFP); and WHEREAS, on October 17, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30535, accepting the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC for Janitorial Services, to enter into simultaneous negotiations with Able Business Services, Inc. and SFM Services, Inc.; and further authorizing the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019 the City executed a Professional Services Agreement with Able Business Services, Inc. (Able)to serve as the primary contractor for City garages (Zone 4) and City parks (Zone 6) and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019 the City executed a Professional Services Agreement with CONTRACTOR to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4) and City parks (Zone 6); and WHEREAS, on September 30, 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on October 1, 2019, SFM Services Inc. absorbed Zones 4 and 6, as secondary contractor; and WHEREAS, on April 22, 2020 the Mayor and City Commission adopted Resolution No. 2020-31227, approving, in substantial form, Amendment No. 1 to the Agreement; said amendment expanding the scope of the Agreement by: (1)retroactively approving the City Manager approval, dated May 10, 2019, for additional services in the amount of$68,688; (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. (original primary contractor for Zones 4 and 6) to CONTRACTOR, in the amount of Page of 6 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 $1,410,309.28 per year, increasing the contract price to $2,531,286.03 per year; (3) approving additional sites and services, in the amount of$117,900.00 per year, for a total contract price of$2,649,186.03 per year, subject to additions or deletions approved by the City Manager, as authorized by this Amendment; and (4) authorizing the City Manager or his designee to reduce the service levels covered by the Agreement; and WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31403, approving, in substantial form, Amendment No. 2 to the Agreement; said amendment: (1) approving effective January 25, 2020, additional sites and services, in the amount of $146,381.00 per year, for a total contract price of $2,795,567.03 per year; (2) approving additional services in response to the COVID-19 pandemic, in the amount of $325,528.31, for fiscal year 2019-2020 only; and (3) memorializing the living wage increase, under the City's Living Wage Ordinance effective January 1, 2020; and WHEREAS, pursuant to Section 49 (Modification of Sites and Service Levels) of the Agreement, additional locations and services may be added to the scope of the Agreement by the City Manager, in an amount not to exceed $100,000; however, any services exceeding the City Manager's authority requires the approval of the City Commission; and WHEREAS,on May 12,2021, the Mayor and City Commission adopted Resolution No. 2021-31701, approving, Amendment No. 3 to the Agreement, said amendment (1) retroactively approved effective October 1, 2020, additional janitorial services, in the amount of $111,599.84 per year, (2) approved the addition of sweeping services for all City-owned surface parking lot, with a tentative start date of May 2021, in the annual total amount of $906,525.00 for a total contract price, not to exceed $3,813,691.87 per year; and WHEREAS, on September 18, 2021, the City and CONTRACTOR executed Amendment No.4 to the Agreement; said amendment incorporated into the Agreement the omitted "Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment Certification," the "Suspension and Debarment Certification," and other miscellaneous requirements of the City Code and Florida Law; and WHEREAS, in order to improve and maintain acceptable levels of cleanliness in the City, the City has requested that the CONTRACTOR provide additional janitorial services, as more particularly set forth herein; and WHEREAS, on June 22, 2022, the Mayor and City Commission adopted Resolution No. 2022-32186, approving Amendment No. 5 to the Agreement; said Amendment approving, effective June 22, 2022, additional sites and services in the amount of$84,459.56 per year, and increasing the current contract price to an estimated annual amount of $3,898,151.43 per year, not including additional services that may be added by the City Manager, as needed, within the limits of the City Manager's purchasing authority under the City Code. Pagc 2 of 6 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and CONTRACTOR hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items struck through and inserted items underlined) as follows: (a) The Effective date of the Agreement, as reflected in Section 3 of the Agreement is hereby modified to reflect May 28, 2019, instead of June 22, 2019. (b) The following Exhibits are hereby corrected to reflect amendments to Exhibit "B" (Pricing Schedule) in addition to Exhibit "C", as they contain pricing information as well as service levels for the additional scopes of work: 1. Amendment No. 1 — Exhibit "C-1" shall also be numbered as Exhibit "B-2"; 2. Amendment No. 2 — Exhibit"C-2" shall also be numbered as Exhibit "B-3"; 3. Amendment No. 3— Exhibit"C-3" shall also be numbered as Exhibit "B-4"; (c) Effective June 22, 2022, Exhibit "B" (Pricing Schedule) to the Agreement is hereby amended by adding the attached additional scope of work, incorporated herein by reference and attached as Exhibit "B-5" to the Agreement. (d) Section 49 ''ADDITIONAL SERVICES" of Section 0200 "INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS", of the RFP (Attachment B to the Agreement) is hereby modified as follows: 49. MODIFICATION OF SITES AND SERVICE LEVELS • ADDITION OF SITES AND/OR SERVICES BY THE CITY: The City Manager may request additional goods, services or facilities ("items") (collectively, "Additional Services"). Any proposals for Additional Services must be approved by the City Manager or his designee, in writing, prior to being implemented, and memorialized by an amendment to the Agreement, executed by the City Manager and CONTRACTOR. Notwithstanding the foregoing, the City Manager or his designee may request Additional Services for a period of time that does not exceed the Term of the Agreement ("Temporary Additional Services") no later than ten (10) days before the effective date, with a copy to the Procurement Director. A request for Temporary Additional Services may be memorialized in writing by the City Manager's designee pursuant to an e-mail directed to CONTRACTOR. Any payment adjustment in connection with a request for Additional Services or Temporary Additional Services shall be calculated based upon the per service rate set forth in Exhibit"B", or the proration of said Page 3 of 6 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 rate, as applicable. The total amount of the Additional Services may not exceed the City Manager's purchasing authority under the City Code, subject to funding availability under the approved budget for the Agreement for each fiscal year. • DELETION OF SITES AND/OR REDUCTION OF SERVICES BY THE CITY: The City Manager reserves the right to temporarily or permanently delete existing sites and/or services (including number of personnel or hours of service) at existing sites (collectively, "Reduction of Services"). Any permanent Reduction of Services requested by the City Manager or his designee, shall be memorialized by an amendment to the Agreement, executed by the City Manager and CONTRACTOR. Notwithstanding the foregoing, the City Manager or his designee may request a Reduction of Services for a period of time that does not exceed the Term of the Agreement ("Temporary Reduction of Services"), no later than 10 days before the effective date, with a copy to the Procurement Director. A request for a Temporary Reduction of Services may be memorialized in writing, pursuant to an e-mail sent to CONTRACTOR. The payment adjustment in connection with a Reduction of Services or Temporary Reduction of Services shall be calculated based upon the per service rate set forth in Exhibit "B", or the proration of said rate, as applicable. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. t'a<e 4 .'±6 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 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: f' By: -FX Rafael E. Granado, City Clerk a T. Huda , City Manager AUb 0 3 2022 ;.e,,,,,, Date N• � •.IKCGRPRATED ':, ;i. CA2 .. `?1 FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: ,-DocuSigned by: Docued by: Vea•uva .w�e4* (/-7- -_- By: 10y/1/l1A6//ar U.. a601D1A61r94"AC secretary President Vanezza Rivera CCh(r�riistiaann Infante Pr/19/2022 eI 9:43 AM PDT 7/19t/2,022eI 12:41 PM EDT Date Date APPROVED AS TO FORM & LANGUAGE & FOR t�I ©EXECUTION ri Page 5of6 An i .' __ 116122 r '_'ity Attorney �- L),JtE: tl DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Exhibit "B-5" Page 6 of 6 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 SFM SERVICES, tIIC. Tuesday,April 05,2022 Re: Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Santiago: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Location Frequency I Monthly Cost Annual Cost Sanitation Office located in 17`I' 7 days per week $1,799.45 $21,593.40 Garage Notes: o Above rates based on current Miami Beach Living Wage pay rate of$15.15 per hour. o Above rates based on specifications stated in RFP 2017-070-JC o No Floor care is included in this area. Respectfully Submitted, Atde44 4sfte, Pascale Lopez Janitorial Manager 9700 ti.W'.79' Avenue, Hialeah Gardens,FI.33016• Phone: (305)818-2424 Fax: (305)818-2428 • DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 SFM SERVICES, INC. Wednesday,January 26,2022 Re: Janitorial Services Mark Morgan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Mark: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Location Frequency Monthly Cost Annual Cost Parking Garage—Convention 7 days per week $1,789.66 $21,475.92 Center 2 times per day Notes: o Above rates based on current Miami Beach Living Wage pay rate of$15.15 per hour. o Above rates based on specifications stated in RFP 2017-070-JC Respectfully Submitted, Paaeale 4oft4ty Pascale Lopez General Manager 9700 \.W.79"'Avenue, Hialeah Gardens,Fl.33016•Phone: (305)818-2424 Fax:(305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 SFM SERVICES, INC. Friday,March 25, 2022 Re: Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Santiago: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Location Frequency Monthly Cost Annual Cost Code Enforcement 6th Floor j 5 days per week $1,287.00 $15,384.00 Notes: o Above rates based on current Miami Beach Living Wage pay rate of$15.15 per hour. o Above rates based on specifications stated in RFP 2017-070-JC o No Floor care is included in the Code Enforcement 6th floor Office Respectfully Submitted, Acadia Zoo, Pascale Lopez Janitorial Manager 9700 NAN'.79' &venue, Hialeah Gardens, FI.33016•Phone: (305)818-2424 Fax: (305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 SFM SERVICES, INC. Wednesday, April 20, 2022 Re: Transfer of Service of 555 Building Santiago Sellan City of Miami Beach 1833 Bay Road Miami Beach,Florida Dear Santiago: Pursuant to your request, below please we will be transferring services from the 555 Building to 1701 Meridian Suite 1 & 3. The cost and number of service hours will remain as is. Please see below the current pricing information for this location that will be in effect for 1701 Meridian Suite 1 & 3. PO Number Facility Name Weekly Service Weekly Total Annual Cost Cost(BAFO) Budget Hours 1701 Meridian Ste. 1 &3 20220475-00 $ 500.12 15 $26,006.24 Notes: o Above rates based on specifications stated in RFP 2017-070-JC o Floorcare included o Price based on current Living Wage of$15.15 Many Thanks, Jm4em(c 4afey Pascale Michelle Lopez Janitorial General Manager ............................. 9700 N.W.79''Avenue, Hialeah Gardens,Fl.33016•Phone: (305)818-2424 Fax: (305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 RESOLUTION NO. 2022-32186 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT DATED MAY 28, 2019 WITH SFM SERVICES, INC; SAID AMENDMENT APPROVING, EFFECTIVE JUNE 22, 2022, ADDITIONAL SITES AND SERVICES IN THE ANNUAL AMOUNT OF $84,459.56, INCREASING THE TOTAL CONTRACT PRICE TO AN ESTIMATED ANNUAL AMOUNT OF $3,898,151.43 PER YEAR, NOT INCLUDING ADDITIONAL SERVICES THAT MAY BE ADDED BY THE CITY MANAGER,AS NEEDED, WITHIN THE LIMITS OF THE CITY MANAGER'S PURCHASING AUTHORITY UNDER THE CITY CODE, SUBJECT TO FUNDING AVAILABILITY UNDER THE APPROVED BUDGET FOR THE AGREEMENT FOR EACH FISCAL YEAR. WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City-wide (the RFP); and WHEREAS, on October 18, 2018, the Mayor and the City Commission accepted the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC, to enter into simultaneous negotiations with Able Business Services, Inc. and SFM Services, Inc.; and further authorized the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019, the City Mayor and City Clerk executed a Professional Services Agreement with Able Business Services, Inc. (Able) to serve as the primary contractor for City garages (Zone 4) and City parks (Zone 6) and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019, the City Mayor and City Clerk executed a Professional Services Agreement with SFM Services, Inc. (SFM) to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4) and City parks (Zone 6); and WHEREAS, on September 30, 2019, the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on April 22, 2020, the Mayor and City Commission adopted Resolution No. 2020-31227, approving Amendment No. 1 to the Agreement; said amendment (1) retroactively approving additional services in the amount of $68,688; (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. to SFM, in the amount of $1,410,309.28 per year, increasing the contract price to $2,531,286.03 per year; and (3) approving additional sites and services, in the amount of $117,900.00 per year, for a total contract price of $2,649,186.03 per year, subject to increases or decreases in the level of service, as authorized by Amendment No. 1; and WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31403, approving Amendment No. 2 to the Agreement; said amendment(1) approving, DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 effective January 25, 2020, additional sites and services, in the amount of$146,381.00 per year, for a total contract price of$2,795,567.03 per year; (2)approving additional services in response to the COVID-19 pandemic, in the amount of$325,528.31,for fiscal year 2019-2020 only; and(3) memorializing the living wage increase, under the City's Living Wage Ordinance effective January 1, 2020; and WHEREAS, on May 12, 2021, the Mayor and City Commission adopted Resolution No. 2021-31701, approving, Amendment No. 3 to the Agreement; said amendment (1) retroactively approving, effective October 1, 2020, additional janitorial services, in the amount of$111,599.84 per year; and (2)approving the addition of sweeping services for all City-owned surface parking lot, with a tentative start date of May 2021, in the annual total amount of$906,525.00 for a total contract price, not to exceed $3,813,691.87 per year; and WHEREAS, on September 18, 2021, the City and Contractor executed Amendment No.4 to the Agreement; said amendment incorporating into the Agreement the omitted "Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment Certification," the "Suspension and Debarment Certification," and other miscellaneous requirements of the City Code and Florida Law; and WHEREAS, in order to improve and maintain sanitary conditions in the City, the Administration recommends including additional sites and services in the scope of the Agreement, effective June 22, 2022, in the amount of $84,459.56 per year, increasing the current contract price to an estimated annual amount of$3,898,151.43 per year, not including additional services that may added by the City Manager,as needed,within the limits of the City Manager's purchasing authority under the City Code; and WHEREAS, the City Manager recommends the approval of Amendment No. 5 to the Agreement, a copy of which is incorporated herein by reference and attached to the City Commission Memorandum accompanying this Resolution as Exhibit"1". 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 Amendment No. 5 to the Professional Services Agreement dated May 28, 2019 with SFM Services, Inc.; said amendment approving, effective June 22, 2022, additional sites and services in the amount of$84,459.56 per year,increasing the current contract price to an estimated annual amount of$3,898,151.43 per year, not including additional services that may be added by the City Manager, as needed, within the limits of the City Manager's purchasing authority under the City Code, subject to funding availability under the approved budget for the Agreement for each fiscal year. PASSED and ADOPTED this 22nd day of June 2022. \\\\1111111 q.' ',,, Dan Gelber, Mayor ATTEST: s i 3 'lliEORP 0.ATED1, .• -A. 3 APPROVED AS TO wcy 2 �_ FORM & LANGUAGE Rafael . Granado, City Clerk OR EXECUTION JUN 2 3 2022 •( 3 =Z� City Attorney /ttr, Date DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Resolutions -C7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 22, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT DATED MAY 28, 2019 WITH SFM SERVICES, INC; SAID AMENDMENT APPROVING, EFFECTIVE JUNE 22, 2022, ADDITIONAL SITES AND SERVICES IN THE ANNUAL AMOUNT OF $84,459.56, INCREASING THE TOTAL CONTRACT PRICE TO AN ESTIMATED ANNUAL AMOUNT OF $3,898,151.43 PER YEAR, NOT INCLUDING ADDITIONAL SERVICES THAT MAY BE ADDED BY THE CITY MANAGER,AS NEEDED, WITHIN THE LIMITS OF THE CITY MANAGER'S PURCHASING AUTHORITY UNDER THE CITY CODE, SUBJECT TO FUNDING AVAILABILITY UNDER THE APPROVED BUDGET FOR THE AGREEMENT FOR EACH FISCAL YEAR. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Apigicabie Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item.pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Non-Applicable Legislative Tracking Facilities and Fleet Management Page 299 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 ATTACHMENTS: Description ❑ Memo ❑ Resolution D Amendment with Exhibits Page 300 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 • M AM BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rr..;omibeac.rf', gcv COMMISSION MEMORANDUM TO: Honorable Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 22, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT DATED MAY 28, 2019 WITH SFM SERVICES, INC; SAID AMENDMENT APPROVING EFFECTIVE JUNE 22, 2022, ADDITIONAL SITES AND SERVICES IN THE ANNUAL AMOUNT OF $84,459.56, INCREASING THE TOTAL CONTRACT PRICE TO AN ESTIMATED ANNUAL AMOUNT OF $3,898,151.43 PER YEAR, NOT INCLUDING ADDITIONAL SERVICES THAT MAY BE ADDED BY THE CITY MANAGER, AS NEEDED, WITHIN THE LIMITS OF THE CITY MANAGER'S PURCHASING AUTHORITY UNDER THE CITY CODE. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. BACKGROUND On October 17, 2018, the City adopted Resolution No. 2018-30535 accepting the Administration's recommendation pursuant to Request for Proposal (RFP) No. 2017-070-JC, to simultaneously negotiate with Able Business Services Inc. and with SFM Services, Inc. the first and second ranked proposers respectively,for janitorial services. Said resolution further authorized the City Manager to select a primary contractor and a secondary contractor, based on the determination of the final negotiated proposals that offered the City the best combination of pricing and service. Consequently, on May 16, 2019, the City Mayor and Clerk executed a Professional Services Agreement with Able Business Services Inc. (Able)as the primary contractor for City garages(Zone 4)and City Parks(Zone 6)and serving as the secondary for Zones 2 and Zone 3. Furthermore, on May 28, 2019, the City Mayor and Clerk executed a Professional Services Agreement with SFM Services, Inc. (SFM)as the primary contractor for Zone 2 and Zone 3 and serving as the secondary contractor for Zone 4 and Zone 6 (the Agreement). On April 22, 2020, the Mayor and City Commission adopted Resolution No. 2020-31227, approving Amendment No. 1, which expanded the scope of the Agreement by retroactively approving the transfer of janitorial services for the City garages(Zone 4)and City parks(Zone 6)from Able Business Services, Inc. to SFM Inc. Further,said amendment expanded the scope by incorporating additional facilities which were not defined as part of RFP No. 2017-070-JC, including new City offices and locations. On September 16, 2020,the Mayor and City Commission adopted Resolution No. 2020-31403,approving Amendment No.2,which expanded the scope by incorporating additional facilities which were not defined as part of RFP No. 2017-070-JC, including new City offices and locations. Further, said amendment retroactively approved additional services in response to the COVID-19 pandemic for FY 2019-2020 only. Finally, said amendment also memorialized the living wage increase, under the City's Living Wage Ordinance effective January 1, 2020. Page 301 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 On May 12, 2021, the Mayor and City Commission adopted Resolution No. 2021-31701, approving, Amendment No. 3 to the Agreement, said amendment (1) retroactively approved effective October 1, 2020, additional janitorial services, in the amount of$111,599.84 per year; and (2)approved the addition of sweeping services for all City-owned surface parking lot, in the annual total amount of$906,525.00 for a total contract amount, not to exceed $3,813,691.87 per year. On September 18,2021,Amendment No.4 to the Agreement was added administratively,said amendment incorporated into the Contract the omitted "Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment Certification," the "Suspension and Debarment Certification," and other miscellaneous requirements of the City Code and Florida Law. ANALYSIS Pursuant to Section 49, of the Agreement, "Modification of Sites and Service Levels", the City Manager may request additional goods, services or facilities (items), collectively "Additional Services" to improve and maintain sanitary conditions in the City. Additional services to new locations were requested for facilities thereby requiring an increase to janitorial service days and hours.The total sum of these locations is$84,459.56 per year and is more particularly described in Exhibit B-2 to the proposed Amendment No. 5,attached hereto.Accordingly,an Amendment is necessary to incorporate and memorialize the additional sites and services. FISCAL IMPACT The proposed Amendment represents a fiscal impact of$84,459.56 annually. Funding for this necessary, additional service has been appropriated in the following account(s): 520-1720-000325-29-413-592-00-00-00- 480-0463-0003 25-27-413-526-00-00-00- CONCLUSION The Administration recommends approving, Amendment No. 5 to the Agreement; said Amendment, effective June 22, 2022, including additional sites and services in the annual amount of$84,459.56, and increasing the current contract price to an estimated annual amount of$3,898,151.43 per year,not including any additional services that may be added by the City Manager, as needed, within the limits of the City Manager's purchasing authority under the City Code. ATTACHMENTS Exhibit"1"—Amendment No. 5 Resolution Page 302 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 EXHIBIT"1" AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. This Amendment No. 5 ("Amendment") to the Professional Services Agreement, dated May 28, 2019 ("Agreement"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and SFM SERVICES INC., a Florida for profit corporation, whose address is 9700 NW 79th Avenue, Hialeah Gardens, FL 33016 (the "CONTRACTOR"), is entered into this day of , 2022. REC ITALS WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City- wide (the RFP); and WHEREAS, on October 17, 2018, the Mayor and the City Commission adopted Resolution No.201 8-30535, accepting the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC for Janitorial Services, to enter into simultaneous negotiations with Able Business Services, Inc. and SFM Services, Inc.; and further authorizing the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019 the City executed a Professional Services Agreement with Able Business Services, Inc. (Able) to serve as the primary contractor for City garages (Zone 4) and City parks (Zone 6) and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019 the City executed a Professional Services Agreement with CONTRACTOR to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4) and City parks (Zone 6); and WHEREAS, on September 30, 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on October 1, 2019, SFM Services Inc. absorbed Zones 4 and 6, as secondary contractor; and WHEREAS, on April 22,2020 the Mayor and City Commission adopted Resolution No.2020-31227, approving, in substantial form,Amendment No. 1 to the Agreement;said amendment expanding the scope of the Agreement by: (1)retroactively approving the City Manager approval, dated May 10, 2019, for additional services in the amount of$68,688; Page 1 of 6 Page 305 of 1232 DocuSign Envelope ID.977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. (original primary contractor for Zones 4 and 6) to CONTRACTOR, in the amount of $1,410,309.28 per year, increasing the contract price to $2,531,286.03 per year; (3) approving additional sites and services, in the amount of$117,900.00 per year, for a total contract price of$2,649,186.03 per year, subject to additions or deletions approved by the City Manager, as authorized by this Amendment; and (4)authorizing the City Manager or his designee to reduce the service levels covered by the Agreement; and WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31403, approving, in substantial form, Amendment No. 2 to the Agreement; said amendment: (1) approving effective January 25, 2020, additional sites and services, in the amount of $146,381.00 per year, for a total contract price of $2,795,567.03 per year; (2) approving additional services in response to the COVID-19 pandemic, in the amount of $325,528.31, for fiscal year 2019-2020 only; and (3) memorializing the living wage increase, under the City's Living Wage Ordinance effective January 1, 2020; and WHEREAS, pursuant to Section 49 (Modification of Sites and Service Levels) of the Agreement, additional locations and services may be added to the scope of the Agreement by the City Manager, in an amount not to exceed $100,000; however, any services exceeding the City Manager's authority requires the approval of the City Commission; and WHEREAS, on May 12,2021,the Mayor and City Commission adopted Resolution No. 2021-31701, approving, Amendment No. 3 to the Agreement, said amendment (1) retroactively approved effective October 1, 2020, additional janitorial services, in the amount of $111,599.84 per year, (2) approved the addition of sweeping services for all City-owned surface parking lot, with a tentative start date of May 2021, in the annual total amount of$906,525.00 for a total contract price, not to exceed $3,813,691.87 per year; and WHEREAS, on September 18, 2021, the City and CONTRACTOR executed Amendment No.4 to the Agreement; said amendment incorporated into the Agreement the omitted "Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment Certification," the "Suspension and Debarment Certification," and other miscellaneous requirements of the City Code and Florida Law; and WHEREAS, in order to improve and maintain acceptable levels of cleanliness in the City, the City has requested that the CONTRACTOR provide additional janitorial services, as more particularly set forth herein; and WHEREAS, on June 22, 2022, the Mayor and City Commission adopted Resolution No. 2022-)0(XXX, approving Amendment No. 5 to the Agreement, approving, effective June 22, 2022, additional sites and services in the amount of $84,459.56 per year, increasing the current contract price to an estimated annual amount of $3,898,151.43 per year, not including additional services that may be added by the City Manager, as needed, within the limits of the City Manager's purchasing authority under the City Code. Page 2 of 6 Page 306 of 1232 DocuSign Envelope ID 977FB4B1-ABBE-45C2-6812-EA84FFCC7FE4 NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and CONTRACTOR hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items etf hrough and inserted items underlined) as follows: (a) The Effective date of the Agreement, as reflected in Section 3 of the Agreement is hereby modified to reflect May 28, 2019, instead of June 22, 2019. (b) The following Exhibits are hereby corrected to reflect amendments to Exhibit "B" (Pricing Schedule) in addition to Exhibit "C", as they contain pricing information as well as service levels for the additional scopes of work: 1. Amendment No. 1 —Exhibit"C-1" shall also be numbered as Exhibit"B-2"; 2. Amendment No. 2—Exhibit"C-2"shall also be numbered as Exhibit"B-3"; 3. Amendment No. 3—Exhibit"C-3" shall also be numbered as Exhibit"B-4"; (c) Effective June 22, 2022, Exhibit "B" (Pricing Schedule) to the Agreement is hereby amended by adding the attached additional scope of work, incorporated herein by reference and attached as Exhibit "B-5" to the Agreement. (d) Section 49 "ADDITIONAL SERVICES" of Section 0200 "INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS", of the RFP (Attachment B to the Agreement) is hereby modified as follows: 49. MODIFICATION OF SITES AND SERVICE LEVELS • ADDITION OF SITES AND/OR SERVICES BY THE CITY: The City Manager may request additional goods, services or facilities ("items") (collectively, "Additional Services"). Any proposals for Additional Services must be approved by the City Manager or his designee, in writing, prior to being implemented, and memorialized by an amendment to the Agreement, executed by the City Manager and CONTRACTOR. Notwithstanding the foregoing, the City Manager or his designee may request Additional Services for a period of time that does not exceed the Term of the Agreement ("Temporary Additional Services") no later than ten (10) days before the effective date, with a copy to the Procurement Director. A request for Temporary Additional Services may be memorialized in writing by the City Manager's designee pursuant to an e-mail directed to CONTRACTOR. Any payment adjustment in connection with a request for Additional Services or Temporary Additional Services shall be calculated based Page 3 of 6 Page 307 of 1232 DocuSign Envelope ID.977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 upon the per service rate set forth in Exhibit"B", or the proration of said rate, as applicable.The total amount of the Additional Services may not exceed the City Manager's purchasing authority under the City Code, subject to funding availability under the approved budget for the Agreement for each fiscal year. • DELETION OF SITES AND/OR REDUCTION OF SERVICES BY THE CITY: The City Manager reserves the right to temporarily or permanently delete existing sites and/or services (including number of personnel or hours of service)at existing sites (collectively, "Reduction of Services"). Any permanent Reduction of Services requested by the City Manager or his designee, shall be memorialized by an amendment to the Agreement, executed by the City Manager and CONTRACTOR. Notwithstanding the foregoing, the City Manager or his designee may request a Reduction of Services for a period of time that does not exceed the Term of the Agreement ("Temporary Reduction of Services"), no later than 10 days before the effective date, with a copy to the Procurement Director. A request for a Temporary Reduction of Services may be memorialized in writing, pursuant to an e-mail sent to CONTRACTOR. The payment adjustment in connection with a Reduction of Services or Temporary Reduction of Services shall be calculated based upon the per service rate set forth in Exhibit "B", or the proration of said rate, as applicable. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 4 of 6 Page 308 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael E.Granado, City Clerk Alina T. Hudak, City Manager Date FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: By: Secretary President Print Name Print Name Date Date Page 5 of 6 Page 309 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Exhibit"B-5" Page 6 of 6 Page 310 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 M SMYICI%, INC. Wednesday, April 20,2022 Re: Transfer of Service of 555 Building Santiago Sellan City of Miami Beach 1833 Bay Road Miami Beach, Florida Dear Santiago: Pursuant to your request,below please we will be transferring services from the 555 Building to 1701 Meridian Suite 1 &3. The cost and number of service hours will remain as is. Please see below the current pricing information for this location that will be in effect for 1701 Meridian Suite 1 &3. PO Number Facility Name Weekly Service Weekly Total Annual Cost Cost(BAFO) Budget Hours 1701 Meridian Ste. 1&3 20220475-00 $ 500.12 15 $26,006.24 Notes: o Above rates based on specifications stated in RFP 2017-070-JC o Floorcare included o Price based on current Living Wage of$15.15 Many Thanks, Puede 4 Pascale Michelle Lopez Janitorial General Manager FAIL ^GK—_.—.___WaLC,:•3;<.p.zss._- aajeE . - Z .H4Y.'i�'.:�3 i- -.d iSG:}.--LeifY38 07:.,-Y'L.NS�.•.S'=�Ll.i1Li.Wig_�17.LECIwC.\s...fP"M.]S'�1Y-.-1•.<:Y '�E- .::ii2.,['A.-�•ao—Im.;'.'.YAe7.- 9700 N.W.79th Avenue,Hialeah GardenF, P'3 M 4l iee:(305)818-2424 Fax:(305)818-2428• DocuSign Envelope ID.977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 SFM SERVICES, INC. Tuesday,April 05,2022 Re: Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Santiago: Pursuant to your request and site inspections, below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Sanitation Office located in 17th 7 days per week $I,799.45 $21,593.40 Garage Notes: o Above rates based on current Miami Beach Living Wage pay rate of$15.15 per hour. o Above rates based on specifications stated in RFP 2017-070-JC o No Floor care is included in this area. Respectfully Submitted, A4aea&At ftoy Pascale Lopez Janitorial Manager :i-t,nr-•-�,.. i_`WtcaY..•a.':1r....;.a1.e�•,*-.:a.':.-�m-^�fz_.r�.., ZL t'--v-..44 resat 4,311314R r...10:113W,•.;u Y1�•nce-,.akl!tah.,..._=ary +l:-.n._.G306*.12,-. 9700 N.W.79th Avenue,Hialeah Gardens Fl.33016•Phone:(305)818-2424 Fax:(305)818-2428• Page 312 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 11H SFM SERVICES, K. Wednesday,January 26,2022 Re: Janitorial Services Mark Morgan City of Miami Beach 1833 Bay Rd. Miami Beach, FL. 33139 Dear Mark: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Parking Garage—Convention 7 days per week $1,789.66 $21,475.92 Center 2 times per day Notes: o • Above rates based on current Miami Beach Living Wage pay rate of$15.15 per hour. o Above rates based on specifications stated in RFP 2017-070-JC Respectfully Submitted, Pascale Lopez General Manager RTw."'!PIL:.=.s�ciai[-_wr.:b[.>r:�r+u:IL:i3:rear•.�Y:iw:c:tif.:vm'6.rs,-�.V•,y e...:.r�nv4X .3...:1�R;:. ?=�R.ihlcctl :�:v,:w r.3�T 7aZe.3w4s=G -� S:n]IJ.',-P-t,T7`Y3�!T3urlraG:•'�.•,••••••.�aT•��'. 9700 N.W.79h Avenue,Hialeah Gardens Fl.33016•Phone:(305)818-2424 Fax:(305)818-2428• Page 313 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 IIISFM SEAYICES, INC. Friday,March 25,2022 Re:Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Santiago: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. • _..3vy, 1 f 4 orm,mat g2i,474 p �'xs"1.i�6'' w - -0�'" r. 144, , Code Enforcement 6th Floor 5 days per week $1,287.00 $15,384.00 Notes: o . Above rates based on current Miami Beach Living Wage pay rate of$15.15 per hour. o Above rates based on specifications stated in RFP 2017-070-JC o No Floor care is included in the Code Enforcement 6th floor Office Respectfully Submitted, P44e44 4ofref Pascale Lopez Janitorial Manager L+Fi. T•..::1u.3'}.f...t'i`f�-3�SLF.:WTISl -i.:•�i�'SdiY?- .6R.w'OtC�-Th?{'3f 'L�S.L.S�^-�'.:L _•.Ef.,:rr JtlM1i.Ae.1`+�4.f''-Z-TEL.•i.-_(31:.A.iri.�W .. vi[..��in.Y:wC ,'Li.Gllju--.:.xrwv al`u 9700 N.W.79th Avenue,Hialeah Gardens FL 33016•Phone:(305)818-2424 Fax:(305)818-2428• Page 314 of 1232 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. This Amendment No. 1 ("Amendment') to the Professional Services Agreement, dated May 28, 2019, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and SFM SERVICES INC., a Florida for profit corporation, whose address is 9700 NW 79th Avenue, Hialeah Gardens, FL 33016 (the "CONTRACTOR"), is entered into this18th day of August , 2020. RECITALS WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City- wide(the RFP); and WHEREAS, on October 17, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30535, accepting the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC for Janitorial Services, to enter into simultaneous negotiations with Able Business Services, Inc. and SFM Services, Inc.; and further authorizing the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019 the City Mayor and City Clerk executed a Professional Services Agreement with Able Business Services, Inc. (Able) to serve as the primary contractor for City garages(Zone 4) and City parks(Zone 6)and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019 the City Mayor and City Clerk executed a Professional Services Agreement with SFM Services, Inc. (SFM)to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages(Zone 4)and City parks (Zone 6); and WHEREAS, on September 30, 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on October 1, 2019, SFM Services Inc. absorbed Zones 4 and 6, as secondary contractor; and WHEREAS, on January 5, 2020, the janitorial services for the City garages(Zone 4) and City parks (Zone 6) were transferred from Able Business Services, Inc. to SFM Services Inc. as the primary contractor; and WHEREAS, in order to improve and maintain acceptable levels of cleanliness in the City, additional City facilities have been identified, to be added to the scope of the Page 1 of 7 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Agreement pursuant to Section 49, requiring an increase to janitorial personnel, service days and hours; and WHEREAS, pursuant to Section 49 ("ADDITIONAL SERVICES") of the RFP, additional locations, which were not part of the scope of the RFP, were incorporated through a City Manager approval (the"City Manager Approval"), dated May 9, 2019, in the amount of$68,688.00; and WHEREAS, on April 22, 2020 the Mayor and City Commission adopted Resolution No. 2020-31227, approving, in substantial form, Amendment No. 1 to the Agreement; said amendment expanding the scope of the Agreement by: (1)retroactively approving the City Manager approval, dated May 10, 2019, for additional services in the amount of$68,688; (2)retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. (original primary contractor for Zones 4 and 6)to CONTRACTOR, increasing the contract amount to $2,531,286.03 per year; (3) approving additional sites and services, in the amount of $117,900.00 per year, for a total contract amount of $2,649,186.03 per year, subject to additions or deletions approved by the City Manager, as authorized by this Amendment; and (4) authorizing the City Manager or his designee to reduce the service levels covered by the Agreement. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and CONTRACTOR hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items struckgh and inserted items underlined) as follows: (a) The City Manager Approval is hereby retroactively approved as of the date of their execution; to wit: May 9, 2019, incorporated herein by reference and attached hereto as Exhibit "1". (b) Effective January 5, 2020, Exhibit "B" (Pricing Schedule) to the Agreement is hereby amended to reflect the new pricing for all zones, as more particularly set forth in Exhibit"B-1", incorporated herein by reference and attached hereto. (c) Effective January 5, 2020, Exhibit "C" (Location Staffing Hours) is hereby amended by adding Exhibit "C-1" to the Agreement, incorporated herein by reference and attached hereto, as part of composite Exhibit "C", reflecting additional location staffing hours. (d) Section 49 "ADDITIONAL SERVICES" of Section 0200 "INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS", of the RFP (Attachment B to the Agreement) is hereby deleted in its entirety and replaced, as follows: Page 2 of 7 DocuSign Envelope ID:977FB481-ABBE-45C2-B812-EA84FFCC7FE4 49. MODIFICATION OF SITES AND SERVICE LEVELS • ADDITION OF SITES AND/OR SERVICES BY THE CITY: The City Manager may request additional goods, services or facilities ("items") (collectively, "Additional Services"). Any proposals for Additional Services must be approved by the City Manager or his designee, in writing, prior to being implemented, and memorialized by an amendment to the Agreement, executed by the City Manager and CONTRACTOR. A request for temporary Additional Services may be memorialized in writing by the City Manager's designee pursuant to an e-mail directed to CONTRACTOR. Any payment adjustment in connection with a request for Additional Services or temporary Additional Services shall be calculated based upon the per service rate set forth in Exhibit"B", or the proration of said rate, as applicable. The total amount of the Additional Services or temporary Additional Services may not exceed $100,000, or such greater amount as may be approved by the City Commission for each contract year. • DELETION OF SITES AND/OR REDUCTION OF SERVICES BY THE CITY: The City Manager reserves the right to temporarily or permanently delete existing sites and/or services (including number of personnel or hours of service)at existing sites (collectively, "Reduction of Services"). Any permanent Reduction of Services requested by the City Manager or his designee, shall be memorialized by an amendment to the Agreement, executed by the City Manager and CONTRACTOR. A request for a temporary Reduction of Services may be memorialized in writing, pursuant to an e-mail sent to CONTRACTOR. The payment adjustment in connection with a Reduction of Services or temporary Reduction of Services shall be calculated based upon the per service rate set forth in Exhibit"B", or the proration of said rate, as applicable. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 3 of 7 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 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: 1-DocuSigned by: ra f etd, f. av'aun ah By: '-24A05013ADDr4R5 '-67FDACBC5105408_ Rafael E. Granado, City Clerk Dan Gelber, Mayor APPROVED AS TO FORM&LANGUAGE FOR EXE ION $ lZ- Z-° City Attorney�,i Dae 8/18/2020 I 3:03 PM EDT Date FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: By. ary T (� Pre n Print Name rint Name g-�3-gyp $-11-20 Date Date Page 4of7 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Exhibit"1" CITY MANAGER APPROVALS Pa:4e 5.3: 7 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 MI/,M BEACH REQUEST FOR CITY MANAGER APPROVAL PROCUREMENT DEPARTMENT 2017470-JC,JANITORIAL SERVICES Requested Action Piggyback Approval Award of ITO Contract Execution Request for Contract Term Renewal j Change Order Approval XXX Other:Additional Services Request approval to add additional janitona,services locations to be performed under the agreement,pursuant to RFP 2017-07C-JC, for 1 nitorial services,and iursuant to Resolution No.2018.30535. Why is requestei action necessary? Pursuant to the authority granted in Resolution 2018.30535 or February 14.2019,the City Manager approved final negotiations with the two short-listed firms,Able Business Services ana SFM Services,and awarded the zones to each firm as follows Primary Contractor Secondary Contractor Zone 2 SFM Services Able Business Services Zone 3 SFM Services Able Business Services Zone 4 Able Business Services SFM Services Zone 6 Able Business Services SFM Sew:ces • However, subsequent to the City Manager's approval noted above, the Property Management Department determined teal the following five(5)locations were inadvertently not included in the sites negotiated with the short-lislec firms,including. 1)Fire Station #2 Administration:2)Fire Staion#2,Rescue;3)Unidad Buihd:ng;4)Biscayne Point Guardhouse;and,5)North Building. Each of these locations fall within the janitorial zones awarded to SFM Services;therefore staff further negotiated with SFM Services to include these five(5)locations in the agreement resulting it the following additional costs to be incluaed it the agreement with SFM Services: 1)Fire Station#2 Administration- $2,373 00 per month 2)Fire Station#2,Rescue- $1,026.00 per month 3)Un'dad Builiding- $1,349.00 per month 4)Biscayne Point Guardhouse- $488.00 per month 5)North Budding- $488.00 per month The added sites represent additional annual costs of$68,688 Additionally,staff believes it is orudenl to establish a predete-mined rate for wier janitorial staff is needed for specie events(e g Memorial Day Weekend 41h of J(ty,Art Basel WeeK Art Deco'Weekend, Spring Break,and New Year's Eve, arrong others) SFM Services and Able Business Services have agreed to a special event rate of$22 95 per hour. In summary this item seeks the City Manager's approval for the following. 1. Add the five sites noted above to the agreement with SFM Services at an annual cost of$68,688 2. Add a special events rale of$22.96 per hour to the agreements with Able Business Services and SFM Services. I ; Previous Action(s) N/A Authorit Resolution No.2018-30535 Fiscal Impact $68,688 annually In additional janitorial services requ'red under the agreement,resulting in a total annual fiscal impact of$1.091.521 for Zone 2 and Zone 3.All`unds have been previously approved by Buoget P ease see fiscal impact chart below' lomtibn 'Awl '-fk"iQ er Facati Annual r 4ccAt l9 Iwr SI es ; ,.'Revrsed PO"'MP. . Zone 2 and Zcre 3 SFM i S 1,022,833.00 5 58,688 S'.09 '`20 • Term initial three 3 Wars,with two additional 1 one :ar renewals. Attachments City Manager Approval,February'4.2019;Attachment A SFM Services Pricing for Additional Sites DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 is Deg Approval . ead. q ACM, / � r gate: ft Date / Ir Date: �.te: 161 •/WWAS DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 ill SERVICES, INC. Wednesday,May 01,2019 Re:Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Santiago: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beachfor the following costs.• ^I 1 III: �. Fire Station#2 Admin S days per week $2 373.00 $28,476.00 Fire Station#2 Rescue 5 days per week $1,026.00 $12,312.00 Unidad Building 5 days per week $1,349.00 '$16,188,00 Biscayne Point Guardhouse 5 days per week I $488.00 $5,856.00 North Building 1 5 days per week 7 $488.00 $5,856.00 Notes: o Above rates based on current Miami Beach Living Wage pay rate of$14.44 per hour. o Above rates based on specifications stated in RFP 2017-070-JC Respectfully Submitted, ekadt'caic 9#eleute Christian Infante President _ . . 9700 V.W.79''Avenue,Hialeah Gardens,Fl.33016•Phone:(305)818-2424 Fax!(305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 M I AAA I B Ei .H REQUEST FOR CITY MANAGER APPROVAL 'ROC_REtoL'N' DEPMTrvE�,- Requested Actice Pi.. bade Approval Award of iTQ ' Contract Execution Request Ice Contract Term Renewal j Change Order approval X Other SELECTION OF FINAL PROPOSER(S:'DEEMED TO OFFER THE BEST OVERALL TERMS AND SERVICE TO THE CITY,PURSUANT TO RESOLUTION NO.2018.30535 FOR REQUEST FOR PROPOSALS RF' NO.2017.070•JC,JANITORIAL SERVICES Why is request.d action necessary? On October 17, 2018, the City Commission, through Resolution No. 2018.30535, approved the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 2017.070-JC, for Janitorial Services, which aulhorizes the Administration to enter into simultaneous negotiations,with Abte Business Services,Inc,as the top ranked proposer,and SFM Services,Inc.,as the second ranked proposer. On Novemcer 28,2018,the first regolraucn meeting was conductec,vith Able Business Services,Inc.,and SFM Services,inc During this • ' meeting both proposers were provided with an overview cf the Best and Final Offer(BAFO)process,including the cost proposal structure and 8AFO proposal submittal timelines. Additionally, staff discussed the following sire (9) negotiation areas 1) lying wage. 2) staffing/trans:on plan,3)fraimrgisupervisoil,4)equipment,supplies and paper products.5)employee backgrounds,6)service frequencies, 17)quality control,8)interviews of incumbent contractor's staff,and 9)cost.The Administration requested that both proposers consider and respond to these nine(9)eey areas for the purposes of the BAFO propose'. Or.December 21,2018,the City recerveo BAFO proposals from Able Business Services,Inc.,and SFM Services,Inc.On January 14,2019, at the request of the Property Management Department.the Administration conducted a teleconference meeting with both firms to clarify certain portions of the BAFO submittals.Toe pricing analysts pursuant to the BAFO proposals is Included in Attachment A. After reviewing the results of the subm tied BAFO proposals,the Property Management Cepartment has determined tnah 1 SFM Services, Inc, has provided the City the best overall proposal for Zone 2 and Zone 3, when the following areas are considered: 1 h combination of pricing 2)services,and 3)terms. Further,the Properly Management Department determined that SFM provided a batter proposal that addressee supervision and allocation of personnel,qua,i:y assurance arc control, and a robust transition plan With respect to the personnel and transition plan,SFM wilttaitor a seamless transition plan for each City facility.SFM operators follow a step-by-step guide for transiticning, Including identifying key resources for transition tasks, accountability for IranSelon team members by reporteg the completion of tasks to the City,establishing a base of communication between SFM and City staff, and successful service implementation. SFM will se'up an expectations meeting with City staff to establish parties'goals and expectations far the first ninety(90)days of services During this meeting communications channels with be Identified,Invoicing structure discussed. Introduction to ,ndividuai roles and responsibilities, storage areas for equipment delivery and placement identified.the inspection report will be standardized,and cultural integration addressed Additionally,SFM will allocate and recruit staff for the City's service by way of SFM's 700 employees in the local market,and will place advertisements locally.if required. SFM will also identify and select project supervisor candidates by performing a 2-panel Interview process, followed by application review, job offer, onentatIon, criminal baceground and drug screening, and I.9 verification. Further. SFM will provide employee training to each staff member assigned to the City.This training will include blocdboree pathogens, terminal clearing, OSHA-based chemicals training, Poor care training, resircom maintenance sexual harassment training,see/MP/fail preventior.titling training closures procedures,and hazard communication SFM has also committed to a vigorous program of e,.vironmentat conservation and susta nabdlty through their corporate and operational practices.SPA will promote and maintain a recycling program throughout the duralon of the contract.SFM will conduct a waste audit within each zone and further reane their recycling plan for tee City based on the audit outcome. For Zone 2 and Zone 3.the pricing difference between the two proposers was determined to be nominal.SFM s price for Zone 2 is $8,000 higher and Zone 3 pricing Is 513,000 nigher Nan ADIOS, .respectively.However,Property Management has determined ; ) that,when both cost and services are considered,SFM Is a better value for these zones.given that SFM provldec a more robust personnel,quality control and transition plan DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 2 Able Business Services, Inc., provided the City the test overall proposal for Zone 4 and Zone 6 (Attachment A), when a combnation of pricing and services are considered Specifically Abie provided a better proposal in dedicated service hours and responding to emergencies at the heav!ly used faculties in these zones. With respect to Able's dedication of service hours to Zone 4,it will dedicate an Impressive 32C hours per week to service all garages including utilizing three(3)shifts per day in seven(7) of the highest demand locations, and 2 shifts per day at the remaining three(3)locations.Concerning Zone 6.Able will dedicate 641 hours per week for City parks and restrooms Dedicated porters will be utilized at Flamingo Pool Facility,Muss Park.South Pointe Park,Lummus Park,Normandy Shores,Normandy Isle ' I Park,and North Shore Park,among others. Add:honally,Able has committed;o set aside 630,00C,for ine duration of the contract term,to be used for the airing benefit of special needs persons,including displaced veterans from the City of Miami Beach community.Able has committed that the costs associated with hiring and supervising these individuals will be their goodwill contribution to the community and the City of Miami Beach. For Zone 4 and Zone 6,Able's pricing represents a significant difference In cost to the City,and Is an overall better value therein. For Zone 4 alone,Able offered arcing that is$416,000 less than that offered by SFM. Similarly, Able's pricing for Zcne 6 is 6243,000 less than offered by SFAI.Given the vast peeing separation between Aote and SFM for Zone 4 and Zone 6.Property Management determined that Able was the clear and best value for these respective zones. { Further. Property Management Staff believes that splitting the City's janitorial zones between these two(2)contractors wit.enable the contractors to respond more promptly,and with greater effectiveness.than if a single contractor were to be awarded all zones,and will allow Me City to nave a backup contractor in the evert that either was to default The respective distribution of awards per zone to each contractor provides for a cost effective and fiscally responsible solution.In the event that either contractor is not meeting the services,terms and City's standards of cleanliness and performance the award will be transferred to other contractor. In anticipation of improvement to present services,and based on the recommended levels of services and terms as provided,n RFP No. 2017-070-JC,the City budgeted$2,903,000 CO for Janitorial services citywide,for FY 2019 to consideraton of cost,the proposed annual total of$2,120,809.36(Attachment A)for all respective zones,results in a 6128,363 92 projected reduction in the City's janitorial costs,when compared to the CIty's FY 1018',uremia!expenditures of$2,249,163 28;and an overall$792,190 64 savings to the City's FY 19 budget Therefore,staff recommends that the City Manage,approve,pursuant to RFP No 2017.070-JC,for janitorial Services,the award of Zone 2 and Zone 3 tc SFM Services,Inc.,as the primary contractor,and to Able Business Services,Inc,as the secondary contractor for Zone 2 and Zone 3:and approve the award of Zone 4 and Zone 6 to Able Business Services,Inc.,as:he ormary contractor,and to SFM Services, Inc.,as the secondary contractor for Zone 4 and Zone 6. Previous Action s) • Resolution No,2018.30535 Authoril Resolution No.2018.30535 Fiscal impact S2,120 909 36 Term Initial three 3 :ars,with two additional I one ar renewals. Attachments Resoty it No.2018.30535 Atra t A'Recommendation Anal 's r Approval I:p eat: P•acure': ACM( ) N_ I City ,.eager ,r A • pate' /3 I Data Z f \" _ i Oat 2 r tT 1 i t • DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A:Recommendation Analysis BAFO RFP 2017-070.1C Janitorial Services i 1 Locauori 1 PecommendeOn Fisiallmnact Total Zone 2 ♦ 5FM $ 788,394.00 Zone 3 $FM $ 234,439.00 S i,022,833.00 Zone4 Able $ 334,288.76 $ 1,097,976.36 Zone 6 Able S 763,687.60 $a7 0�r� 00: 41109:Sl $ 2,120,809.36 'ndIvIdual Zone Peeing CompagBon BAFO I tJCdtl49 A Zane 2 S 780,104,00 Zone 3 $ 220,965.68 k' 'It M430$0): Lone 4 $ YZttr+.^f r 3 41 � $ 7:0,501.00 Zone 6 S _ 1,007,460.44 Tool 2,0g9,046.04 $ 7,780,794.44 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 EXHIBIT ''B" PRICING SCHEDULE Page 6 of 7 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 IIII SFM SERVICES, INC. Friday. December 6. 2019 Adrian Morales City of Miami Beach 1833 Bay Rd. Miami Beach, FL. 33139 Dear Adrian: SFM Services. Inc. is proud to have been selected as one of two Janitorial Service Providers for the City of Miami Beach. The terms of the contract are memorialized within the Professional Services Agreement Between the City of Miami Beach and SFM Services, Inc. (Primary Contractor for Zone 2 and Zone 3. Secondary Contractor for Zone 4 and Zone 6) for Janitorial Services,Pursuant to RFP 2017-070-1C)dated May 28,2019(Agreement). As outlined in Section 1 the Agreement prevails over all other documents incorporated and made part of the Agreement by reference. Subsequent to the initial award, the City of Miami Beach terminated for cause the Primary Contractor for Zone 4 and Zone 6. The City of!Miami Beach requested SFM Services, Inc.,as the Secondary Contractor for the referenced Zones,to pros ide the"work and services as described in the RFP and, more Specifically. in Exhibit"A" hereto(the"Services"). Section 4.1 of the Agreement states Contractor shall be compensated in accordance w ith the rates referenced in 1-xhibit B. attached to this letter for reference. Effective October I. 2019, SI•M Services, Inc. began sell icing Zone 4 and Lone 6. the City of Miami Beach has requested a price concession as it relates to the pricing outlined within Exhibit B. As outlined in Section 12.1, the"Agreement cannot be modified or amended without the express written consent of the panics." Therefore.effective January 5, 2020 SFM Services Inc.consents to the following modifications to Exhibit B ot'the Agreement. Zone 1 Exhibit B Pricing I Amended Exhibit B 1 Pricing Lone 2 i---_ $788,394 00 _ _ 5788,394.00 __. 1~Zone 3 $234,439.00� -$234,439.00 1 Zone 4 $750,501.00 ! S468,447.12 I Zone 6 $1,007,460.44 $941,862.16 _._i TOTAL S2,780,794.44 y $2,433,142.28 This represents a proposed sav ings of$347,652 to the City of Miami Beach for city-wide Janitorial Services and is$466,857 less than City budgeted amounts as referenced in Miami Beach Procurement Department Requested Action related to this Agreement. EXHIBIT 9700 V.W.79' Avenue.Hialeah Car 8-'1 -)818-2424 Fax:(305)818-2428• i DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 We appreciate the opportunity to service the iconic City of\liami Beach and look forward to our continued success. Respectfully Submitted. stian fante resident 97OU ti.W.'19" >%,enue.Hialeah(.ardent H.33111h•Phone:(31)S)818-2424 Fat: (305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 EXHIBIT"C" LOCATION STAFFING HOURS Page 7 of 7 DocuSign Envelope ID:977FB4B 1-ABBE-45C2-B812-EA84FFCC7FE4 SFM SERVICES, INC. Friday,January 03,2020 Re: Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach,FL. 33139 Dear Santiago: Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Location Frequency 1 Monthly Cost Annual Cost Historic City Hall Floors 3,4, 5,6 5 days per week $2,941.00 S35,292.00 1755 Meridian Coin Room I"Floor 5 days per week $935.00 $11,220.00 MDPD Warehouse 1 day per month $225.00 $2,700.00 Notes: o Above rates based on current Miami Beach Living Wage pay rate of$15.00 per hour. o Above rates based on specifications stated in RFP 2017-070-JC Respectfully Submitted, eirsatta4c Tovidutte Chnstian Infante President EXHIBIT ♦ ♦ 9700 N.W'.79'Avenue,Hialeah Gardens,Fl.33016•Phone:(305)818-2424 Fax:(305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Reso 2020-31403 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. This Amendment No. 2 ("Amendment") to the Professional Services Agreement dated May 28, 2019, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and SFM SERVICES INC., a Florida for profit corporation, whose address is 9700 NW 79'" Avenue: Hialeah Gardens, FL 33016 (the "CONTRACTOR'), is entered into this20th day of OCTOBER 2020. RECITALS WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City- wide (the RFP); and WHEREAS, on October 17, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30535,accepting the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC for Janitorial Services, to enter into simultaneous negotiations with Able Business Services, Inc. and SFM Services, Inc.; and further authorizing the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019, the City Mayor and City Clerk executed a Professional Services Agreement with Able Business Services, Inc. (Able)to serve as the primary contractor for City garages (Zone 4) and City parks (Zone 6) and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019, the City Mayor and City Clerk executed a Professional Services Agreement (the 'Agreement') with SFM Services, Inc. (SFM) to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4)and City parks (Zone 6): and WHEREAS, on September 30, 2019, the City terminated the Professional Services Agreement with Able Business Services, Inc.; and WHEREAS, on October 1, 2019, SFM Services Inc. absorbed Zones 4 and 6, as secondary contractor; and WHEREAS, on April 22, 2020 the Mayor and City Commission adopted Resolution No. 2020-31227, approving, in substantial form, Amendment No. 1 to the Agreement; said amendment expanding the scope of the Agreement by: (1)retroactively approving the City Manager approval, dated May 10, 2019, for additional services in the amount of$68,688: (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. (original primary contractor for Zones 4 and 6) to CONTRACTOR, in the amount of 1'a2c 1 of 5 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 $1,410,309.28 per year, increasing the contract amount to $2,531,286.03 per year; (3) approving additional sites and services, in the amount of$117,900.00 per year, for a total contract amount of$2,649,186.03 per year, subject to additions or deletions approved by the City Manager, as authorized by this Amendment; and(4)authorizing the City Manager or his designee to reduce the service levels covered by the Agreement; and WHEREAS, pursuant to Section 49 ('ADDITIONAL SERVICES') of the Agreement,additional locations and services may be added to the scope of the Agreement by the City Manager, in an amount not to exceed $100,000; however, any services exceeding the City Manager's authority requires the approval of the City Commission; and WHEREAS, the Agreement is subject to the City's Living Wage Ordinance per Appendix 'A" Section 7 of the RFP; and WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4143, which amended certain provisions of the City's Living Wage Ordinance (the "Ordinance") as codified in Sections 2-407 through 2-410 of the City of Miami Beach Code of Laws and Ordinances (the "City Code"), providing for proposed increases in the hourly living wage rate and health benefit paid by service contractors covered under the Ordinance to their covered employees with the proposed increases to be phased in over a three year period, commencing on January 1, 2018, as follows: • Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least $2.26 per hour, or a living wage rate of no less than $13.88 per hour without health care benefits; and • 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; and • Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least $3.22 per hour, or a living wage rate of no less than $15.00 without health care benefits; and 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, at its September 25, 2019 meeting, the Mayor and City Commission, following the recommendation from the Finance and Citywide Projects Committee (FCWP), at the April 19, 2019 FCWP meeting, adopted the final budget for the fiscal year 2020, that included a living wage enhancement, effective January 1, 2020; and WHEREAS,on September 29, 2020, the Mayor and City Commission adopted the final budget for the fiscal year 2021, effective January 1, 2021; and WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31403, approving, in substantial form, Amendment No. 2 to the Agreement; said amendment: (1) approving effective January 25, 2020, additional sites and services, in the amount of $146,381.00 per year, for a total contract amount of $2,795,567.03 per year; (2) approving additional services in response to the COVID-19 pandemic, in the amount of $325,528.31, for fiscal year 2019-2020 only: and (3) Pag: 2 01 5 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 memorializing the living wage increase, under the City's Living Wage Ordinance effective January 1, 2020. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and CONTRACTOR hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items struck through and inserted items underlined)as follows: (a) Effective January 25, 2020, Exhibit "C" (Location Staffing Hours) is hereby amended by adding Exhibit 'C-2" to the Agreement, incorporated herein by reference and attached hereto, as part of composite Exhibit "C", reflecting additional locations and services added to the scope of the Agreement. (b) Based upon the approved City budget for FY 2019-2020, effective January 1, 2020, for calendar year 2020 and • •••, CONTRACTOR will invoice the City, on a monthly basis, an additiona .-0er hour for employees working under the Agreement to cover the increase in the minimum wage rate based upon the applicable minimum wage rate of $15.00 per hour, plusiMper hour for related payroll taxes. (c) Based upon approved City budget for FY 2020-2021, effective January 1, 2021, CONTRACTOR will invoice the City, on a monthly basis, and additional $0.15 per hour for employees working under the Agreement 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. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 3 of 5 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 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: l°af at,�, Gr'aln.aI b [ Nt.OV'aLLS 28CA1�1840704g6,.. — Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager 10/20/2020 1 4:13 PM EDT FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: By: � //i.. . . Secr. aryl Pr t „1.15g:ke/e,_ Print Name Print Name IEY1S-�lQ _ o-15-2.o Date Date (# gam 1� DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 RESOLUTION NO. 2020-31403 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT, DATED MAY 28, 2019, BETWEEN THE CITY AND SFM SERVICES, INC. (SFM), FOR JANITORIAL SERVICES CITYWIDE; SAID AMENDMENT: (1)APPROVING, EFFECTIVE JANUARY 25, 2020, ADDITIONAL SITES AND SERVICES, IN THE AMOUNT OF $146,381 PER YEAR, INCREASING THE TOTAL CONTRACT AMOUNT TO $2,795,567.03 PER YEAR; (2) APPROVING ADDITIONAL SERVICES IN RESPONSE TO COVID-19 PANDEMIC, FOR FISCAL YEAR 2019- 2020 ONLY, IN THE AMOUNT OF $325,528.31; AND (3) MEMORIALIZING THE LIVING WAGE INCREASE UNDER THE CITY'S LIVING WAGE ORDINANCE, EFFECTIVE JANUARY 1, 2020; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. WHEREAS, on July 26, 2017, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2017-070-JC for Janitorial Services, City-wide (the RFP); and WHEREAS, on October 18, 2018, the Mayor and the City Commission accepted the recommendation of the City Manager, pursuant to RFP No. 2017-070-JC, to enter into simultaneous negotiations with Able Business Services, Inc., and SFM Services, Inc.; and further authorized the City Manager to select a firm that will serve as the primary contractor, with the remaining firm to serve as the secondary contractor; and WHEREAS, on May 16, 2019 the City Mayor and City Clerk executed a Professional Services Agreement with Able Business Services, Inc. (Able) to serve as the primary contractor for City garages (Zone 4) and City parks (Zone 6) and serving as the secondary contractor for Zones 2 and 3; and WHEREAS, on May 28, 2019 the City Mayor and City Clerk executed a Professional Services Agreement with SFM Services, Inc. (SFM)to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4) and City parks (Zone 6); and WHEREAS, on September 30, 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc ; and WHEREAS, on April 22, 2020 the Mayor and City Commission adopted Resolution No. 2020-31227, approving, in substantial form, Amendment No. 1 to the Agreement; said amendment expanding the scope of the Agreement by: (1) retroactively approving the City Manager approval, dated May 10, 2019, for additional services in the amount of $68,688; (2) retroactively approving, effective January 5, 2020, the transfer of janitorial services for the City garages (Zone 4) and City parks (Zone 6) from Able Business Services, Inc. (original primary contractor for Zones 4 and 6) to CONTRACTOR, in the amount of $1,410,309.28 per year, DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 increasing the contract amount to $2,531,286.03 per year; (3) approving additional sites and services, in the amount of$117,900.00 per year, for a total contract amount of$2,649,186.03 per year, subject to additions or deletions approved by the City Manager, as authorized by this Amendment; and (4) authorizing the City Manager or his designee to reduce the service levels covered by the Agreement; and WHEREAS, the Agreement is subject to the City's Living Wage Ordinance per Appendix "A" Section 7 of the RFP; and WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4143, which amended certain provisions of the City's Living Wage Ordinance (the "Ordinance") as codified in Sections 2-407 through 2-410 of the City of Miami Beach Code of Laws and Ordinances(the'City Code'), providing for proposed increases in the hourly living wage rate and health benefit paid by service contractors covered under the Ordinance to their covered employees with the proposed increases to be phased in over a three year period, commencing on January 1, 2018, as follows: • Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least $2.26 per hour, or a living wage rate of no less than $13.88 per hour without health care benefits; and • 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; and • Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least $3.22 per hour, or a living wage rate of no less than $15.00 without health care benefits; and 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; at its September 25, 2019 meeting, the Mayor and City Commission, following the recommendation from the Finance and Citywide Projects Committee (FCWP), at the April 19, 2019 FCWP meeting, adopted the final budget for the fiscal year 2020, that included a living wage enhancement, effective January 1, 2020; and WHEREAS, in order to assure that covered service contractors doing business with the City continue to comply with the provisions of the Ordinance, as amended, the Administration is recommending amending the Agreement, memorializing the change in rates; and WHEREAS, pursuant to Section 49 ("ADDITIONAL SERVICES") of the Agreement, additional locations and services may be added to the scope of the Agreement by the City Manager, in an amount not to exceed $100,000; however, any services exceeding the City Manager's authority shall require the approval of the City Commission; and DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 WHEREAS, in order to improve and maintain acceptable levels of cleanliness in the City, additional sites and services have been added to the scope of the Agreement, increasing the contract amount by $146,381 per year, for a total contract amount $2,795,567.03 per year; and WHEREAS, additional services have been implemented in order to mitigate the spread of infection in response to COVID-19 for fiscal year 2019-2020, in the amount of $325,528.31; and WHEREAS,the City Manager recommends the approval, in substantial form, of Amendment No. 2 to the Agreement, a copy of which is incorporated herein by reference and attached to this Resolution as Exhibit "1 NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, in substantial form, Amendment No. 2 to the Agreement; said amendment: (1) approving, effective January 25, 2020, additional sites and services, in the amount of $146,381 per year, increasing the total contract amount to$2,795,567.03 per year; (2)approving additional services in response to COVID-19 pandemic in the amount of$325,528.31 for fiscal year 2019- 2020 only; and (3) memorializing the living wage increase under the City's Living Wage Ordinance, effective January 1, 2020; and further authorize the City Manager and City Clerk to execute the final amendment. PASSED AND ADOPTED this 16th day of September 2020. Dan Gelber, Mayor ATTEST: Rafael /G-74)//ado, rk *ti Ater- cfha 1` A1 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Exhibit "C-2" DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 SFM Services, Inc. January 25.2020 Adrian Morales City of Miami Beach 1833 Bay Rd. Miami Beach. H. 33139 Dear Adrian: The purpose of this letter is to explain the rationale for retro-active billings for services rendered prior to December 31.2019 in conjunction with the Professional Sery ices Agreement Between the City of Miami Beach and SFM Services.Inc. fur Janitorial Services pursuant to RFP 2017-070-JC dated May 28. 2019 and as amended on January 5. 2020. Our contract pricing was based on Exhibit II Revised Scope of Services Sections C2-C3.05. It has come to our attention the original scope of services for certain locations were changed at the request of the City of Miami Beach. The locations.adjusted schedules.and proposed retroactive billing amounts are summarized below: Location ' Flamingo Park North Shore Unidad Mon-Fri.7AM-2.30PM& Mon-Fri 8:OOAM-3:OOPM& Revised Schedule 2:30PM-10:OOPM 3:OOPM-9:00PM. Mon•to Fri.9:OOAM-11:3OAM& Sat.&Sun.8:00AM-9:OOPM Sat&Sun 9AM-5PM 1:00PM to 2:00PM Revised Annual Amount 5123,109.10 S104,030.62 S22,166.00 Original Annual Amount BAFO $37,176.36 549,560.68 S16,188.12 Annual Price Increase for Service Level Increase $85,932.74 $54,469.94 55,977.88 Weekly Price Increase for Service Level Increase 51,652.55 S1,047.50 5114.96 Start Date for Revised Schedule 10/1/2019 10/1/2019 11/15/2019 Retro Billing Weeks to 41 12/31/19 _ 13.00 13.00 6.57 Retro Bill to 12/31/19 j $21,483.19 $13,617.49 5755 45 Vs e nave also attached to this letter%sritten communication from City of Miami Beach personnel requesting the changes to the service levels. We appreciate the opportunity to service the iconic City of Miami Beach. It you have any questions regarding this matter.please feel free to contact me directly at 305.525.9442. Sincerely. Christian Infante President 9'00\\1 '4' c Iliakah liardcn..I I.1a)lb I'h:3i .x18.161"I av ?O5.818.;SIU DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 54610252-2E02-402A-B73F-DCF5382276F7 Resolution 2021-31701 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH. FLORIDA AND SFM SERVICES. INC. This Amendment No 3 (`Amendment) to the Professional Services Agreement. datec May 28, 2019 ( Agreement"), by and between the CITY OF MIAMf 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 33'39 (the `City ). and SFM SERVICES INC a Florida for profit corporation, whose address is 9700 NW„.91' Avenue, Hia ah Gardens FL 33016 (the 'CONTRACTOR") is entered into this L day of w . 2021 RECITALS WHEREAS on July 26 2017, the Mayor and City Commission approved the issuance of Request too Proposals (RFP,: No 2017-070-JC for Janitorial Services City- wide (the RFP)- and WHEREAS on October 17, 2018 the Mayor and the City Commission adopted Resolution No 2018-30535, accepting the recommendation of the City Manager, pursuant to RFP No. 2017-073-JC for Janitorial Services, to enter into simultaneous negotiations with Able Business Services, Inc and SFM Services, Inc . and further authorizing the City Manager to se,ect a firm that will serve as the primary contractor with the remaining firm to serve as the secondary contractor: and WHEREAS on May 16 20'9 the City Mayor and City Clerk executed a Professional Services Agreement with Able Business Services, Inc (Able)to serve as the primary contractor for City garages (Zone 4)and City parks(Zone 6) and serving as the seconda-y contractor for Zones 2 and 3 and WHEREAS on May 28, 2019 the City Mayor and City Clerk executed a Professiona: Services Agreement with SFM Services, Inc to serve as the primary contractor for Zones 2 and 3 and serving as the secondary contractor for City garages (Zone 4)and City parks(Zone 6): and WHEREAS, on September 30 2019 the City terminated the Professional Services Agreement with Able Business Services, Inc, and WHEREAS, or October 1 2019 SFM Services Inc absorbed Zones 4 and 6. as secondary contractor and WHEREAS on Apr!22,2020 the Mayor and City Commission adopted Resolution No 2020-31227, approving, in substantial form Amendment No 1 to the Agreement,said amendment expanding the scope of the Agreement by 1 1)retroact vely approving the City Manager approval dated May 10, 2019 for aad.tionai services in the amount of$68,688 (2)retroactively approving. effective January 5, 2020 the transfer of lanitonal services for the City garages (Zone 41 and City oarks (Zone 6) from Able Business Services Inc Page I o;'e DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID:54610252-2E02-402A-B73F-DCF5382276F7 (ong nal primary contractor for Zones 4 and E; to SFM n the amount of $1.41C 3J9.28 per year increasing the contract amount to $2.531,286 03 per year (3i approving additional sites and services in the amount of $117 900 00 per year, for a total contract amount of$2 649.186.03 per year, subject to additions or deletions approved by the City Manager as authorized by tnis Amendment and (4) authorizing the City Manager or n's designee to reduce the service levels covered by the Agreement; and WHEREAS on September 16, 2020 the Mayor and City Commission adopted Resolution No 2020-31403 approving in substantia form, Amendment No 2 to the Agreement, said amendment ;'1; approving effective January 25 2020, additional sites and services, in tne amount of $146 381 00 per year for a total contract amount of $2 795 567 03 per year, (2) approving additional services in response to the COVID-19 pandemic, in the amount of $325,528 31, for fiscal year 2019-2020 only, and (3) memorializing the wing wage increase, under the City's L ving wage Ordinance effective January 1, 2020 The Agreement and the Amendments No 1 and No 2 shal, be collectively referred to herein as the Agreement`. WHEREAS, pursuant to Section 49 (Modification of Sites and Service Levels)of the Agreement, add'tional locations and services may be added to the scope of the Agreement by the City Manager, in an amount not to exceed $100,000, however, any services exceeding the City Managers authority requires the approval of the City Commission: and WHEREAS, in order to improve and maintain acceptable levels of cleanness in the City, the City has requested that CONTRACTOR provide additional janitorial services as more particularly set forth herein ana WHEREAS,on May 12 2021 the Mayor and;Ay Commission adopted Resolution No. 2021-31701 , approving Amendment No 3 to the Agreement. said amendment (11 retroactivey approving effective October 1 2020 additional janitorial services. in the amount of $111,599 84 per year, (2) approving the adcition of sweeping services for al. City-owned surface parking lots.with a tentative start date of May 2021 in the annual tots' amount of$906.525 00 for a total contract amount not to exceed$3,813.691 87 per year NOW THEREFORE in consideration of the mutual promises and conditions contained herein, ana otner good and valuable consideration, the sufficiency of which is hereby acknowledged tne City ana CONTRACTOR hereby agree to amend the Agreement as follows 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as oar. o' this Amendment 2. MODIFICATIONS. The Agreement is hereby modified tdeleted items 64r4464 through and inserted items underlined)as follows (a) Effective October 1, 2020 Exhibit"A"(Pricing Schedule)is hereby amended by adding Exhibit 'C-3" to the Agreement. :ncoroorated herein by reference and attached hereto 5 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 546 1 02 52-2E02-402A-B73F-DCF5382276F7 3. RATIFICATION. Except as amended betel all other :e-ms and conditions of the Agreement shall remain unchanged and in full force and effect In the event there is a confect between the provisions of this Amendment and the Agreement, the provisions of this Amendment shay goverr THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 54610252-2E02-402A-B73F-DCF5382276F7 IN WITNESS WHEREOF the parties hereto have caused this Amendment to oe executed by their appropriate officials as of the date first entered above FOR CITY: CITY OF MIAMI BEACH. FLORIDA ATTEST: Rafael . Granado,City Clerk ina T. Hudak, Cit Manager _3/2,4 Date .r; 't`i, ff"`°` �. t • FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: By Pr Print Name a l Print Na 5 rrle Zy_ \ Date Date ^✓ C . y 7 Page 4of5 __ _ DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID.54610252-2E02-402A-B73F-DCF5382276F7 Exhibit 'C-3" DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 54610252-2E02-402A-B73F-DCF5382276F7 111 SFM SERVICES, INC. Friday,Januar} 29, 2021 Re: Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd. Miami Beach, FL. 33139 Dear Santiago Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs Location _Frequency rMonthly Cost Annual Cost Transportation Office _ 5 days per week $l,'19.00 S20,628.00 Code Enforcement 15 days per week S1,282.00 S15,384.00 Location Option 1 with Floor Care I Frequency Monthly Cott TAnneal Cost LCtty Office Sparc et Penn Garage _ 2 days per week $430.00 S 11.160 00 Location O Caon Z without Ft or are LFreguencya 14i 13+Cast j Annual Cost rCit} Office Space at Penn Garage �2 days per week _ S640.00 1 $',680.00 Notes: a Above rates based on current Miami Beach Living Wage pay rate of 515.15 per hour. • o Above rates based on specifications stated in RFP 2017-0704C o No Floor care is included in the Code Enforcement Office Respectfully Submitted, P44e4l'.Lretfief Pascale Lopez Janitorial Manager 9'00\ N -9' Avenue,Hialeah(,ardens,Fl.3301b•Phone (305)818-2424 Fax:(305)818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 54610252-2E02-402A-B73F-DCF5382276F7 IIISFM Tuesday,January 19,2021 Adrian Morales Ref: Parking lot sweeping& City of Miami Beach Waste receptacle maintenance 1833 Bay Rd,214 Floor Miami Beach,FL. 33139 Dear Adrian: Pursuant to your request and site inspections,below please tind our estimate to provide parking lot sweeping 7 x per week as per the specifications to the 64 parking lots throughout the City of Miami Beach for the following costs: Description --� fAnnual Cost Labor,equipment,supervision to pro'.ide parking lot sweeping services CO 64 parking tots • Includes emptying approximately(156)trash receptacles located throughout the 5906,525 00 lots and proper disposal of collected debns Cost includes vacuum street sweepers, fuel,and proper disposal of collected debns. Weekly hose down ofPl4&P15 Notes: Rates are based on the current Miami Beach Li'ing Wage Ordinance. c Rates include proper disposal of all collected debns Waste receptacles pick up and disposal is included above Respectfully Submitted, einiatiaa 9*ate Christian Infante President ACCEPTANCE OF PROPOSAL The above pnce, specifications and conditions are satisfactory and are hereby accepted You are authonred to do the work as specified Payments will be made within 30 days of receipt of invoice Print Name Signature Date I ofI DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 54610252-2E02-402A-B73F-DCF5382276F7 SFM SERVICES, INC. Monday, November 30.2020 Re:Janitorial Services Mark Morgan City of Miami Beach 1833 Bay Rd Miami Beach,FL. 33139 Dear Mark. Pursuant to your request and site inspections,below please find our estimate to provide the following janitorial services in the City of Miami Beach for the following costs. Loeattou , . Frequency -"Monthly Cost j Annual Cost • Parking Garage 12 'days per week $4.530.00 $54,360.00 i 3 times per day Notes; c Above rates based on current Miami Beach Living Wage pay rate of S15.15 per hour o Above rates based on specifications stated►n RFP 2017.070-1C Respectfully Submitted, Christian Infante President 9110 N. µ 79" Avenue,Hialeah Gardens,Fi 33016•Phone .305 1 81 8-2424 Fat:13051 818-2428• DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 DocuSign Envelope ID 54610252-2E02-402A-B73F-DCF5382276F7 SFM SERVICES, INC. Friday,October 02.2020 Ref:Guardhouses Janitorial Services Santiago Sellan City of Miami Beach 1833 Bay Rd Miami Beach.FL 33139 Dear Santiago: Pursuant to your request below please find our cost to provide additional Janitorial services one per week to the following Guardhouse Guardhouses: Price: Guardhouse Allison 6313Allysun Rd,Miami Beach FL 33141 $22 96 per services Guardhouse Stillwater: 960 Stillwater Dr, Miami Beach FL 3141 $22 96 per services Respectfully Submitted, Pdieth Alfrey Pascale Lopez Janitorial Manager ACCEPTANCE OF PROPOSAL The above pnces,specifications and conditions are satisfactory and are hereby accepted You are authorized to do the work as specified Payments terms: L pon completion of service. Signature _,___ ,._ Print Name DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 AMENDMENT NO. 4 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. FOR CONTRACT PURSUANT TO RFP 2017-070-JC FOR JANITORIAL SERVICES This Amendment No. 4("Amendment")to the Contract dated May 16, 2019, as amended by Amendment No. 1, Amendment No. 2 and Amendment No, 3 (collectively, the "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 Avenue, Hialeah Gardens, FL 33016 ("Contractor")("Contractor"). RECITALS WHEREAS, on October 17, 2018, the Mayor and City Commission approved the award of Request for Proposals ("RFP") No. 2017-070-JC for janitorial services (the "RFP"); and WHEREAS, on May 16, 2019 the City and Contractor intially executed the Contract with respect to the RFP (the "Contract"); and WHEREAS, the Contract was mutually amended by the parties pursuant to Amendment No. 1, Amendment No. 2 and Amendment No. 3; WHEREAS, this Amendment seeks to incorporate into the Contract the omitted "Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment Certification," the "Suspension and Debarment Certification," and other miscellaneous requirements of the City Code and Florida law. 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 stfask--ttlfiaugh and inserted items underlined) as follows: (a) Contractor agrees to comply with the "Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment Certification" and the "Suspension and Debarment Certification" incorporated herein by reference and collectively attached hereto as Attachment A to this Page 1 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Amendment. Notwithstanding anything to the contrary contained in this Amendment, the parties hereby agree that upon execution of this Amendment, the Amendment shall be retroactively effective to commencement date of the contract. (b) The following Inspector General Audit Rights provision is hereby incorporated into 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 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 Page 2 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 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. 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. 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] Page 3 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 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: c—DocuSigned by: DocuSigned by: By: Ratiae ranado, City Clerk lina Ftiuc ak, City Manager 9/18/2021 i 10:37 EDT Date FOR CONTRACTOR: SFM SERVICES, INC. ATTEST: By: Pres' t Print Name Print Name Qtyz_t Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 9Nta - 46 pCtly Attornoy U to12 Page 4 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 ATTACHMENT A TO AMENDMENT Al. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS A2. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM A3. SUSPENSION AND DEBARMENT CERTIFICATION FORM I'agc 5ot 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement Attachment Al Contract Provisions for Non-Federal Entity Contracts Under Federal Awards The following provisions shall be applicable to all work performed pursuant to the Contract and shall supersede any conflicting provisions contained elsewhere. A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold, currently$150,000, the following provisions shall apply: (1) Disputes and Remedies - Disputes arising in the performance of this Contract which are not resolved by the Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the authorized representative of the City Mayor for a decision. If there is a disagreement among the parties regarding the decision of the City Mayor's representative, then either party may submit any claim, counterclaim, dispute and other matters in question between the City and the Contractor arising out of or relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach. (2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages-Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. B. TERMINATION FOR CONVENIENCE. The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this Contract. The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The City shall be the sole judge of"reasonable costs." C. DEFAULT; REMEDIES; TERMINATION FOR CAUSE The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein. Following breach of the Contract by the Contractor, the City shall provide written notice specifying the breach to the Contractor and advising the Contractor that the breach must be cured immediately or this Agreement may be terminated by the City. The City reserves the right to avail itself of any and all remedies available at law or at equity, including claims for damages and injunctive relief. The City further reserves the right to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if, following the initial notice of breach, the Contractor fails to timely or adequately and to the satisfaction of the City cure said breach. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re-procurement costs shall be borne by the terminated Contractor. D. EQUAL EMPLOYMENT OPPORTUNITY (1) In connection with the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. Such Page 6 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each of Contractor's vendors and subcontractors. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. Page 7 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement E. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148) and COPELAND "ANTI- KICKBACK"ACT(18 USC§40 U.S.C. 3145). The Davis-Bacon Act and the Copeland Anti-Kickback Act only apply to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. They do not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Accordingly, if applicable to this Contract: (1)All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). a) In accordance with the statute, and if applicable, the Contractor must pay all laborers and mechanics employed or working upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof) at rates not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The City will attach a copy of the current prevailing wage determination issued by the Department of Labor to this form. b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1 Xiv)of 29 CFR§5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 CFR § 5.5(a)(4). c) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the Davis—Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. Contractors and Subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these subparagraphs (GX1) and (2), and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R § 5.12. F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962, 40 U.S.C. §§ 3702 AND 3704. F'thC 8 of.14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. §§ 3702 and 3704, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the preceding clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth herein, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F) herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in herein. G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION CONTROL ACT, as amended, 33 U.S.C. §§ 1251- 1387. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. and issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §1251 et. seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. ENERGY CONSERVATION. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.)and (42 U.S.C. 6201). J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. Page 9 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision requiring such compliance in its lower tier covered transactions. (2) By signing and submitting this form, the Contractor shall also execute and provide the City with, and require all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction"attached hereto. The Contractor shall require all lower tier participants to agree that they: a. shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City; and ii. they will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion", and the certification form, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and frequency by which it determines the eligibility of its principals. The Contractor may, but is not required to check the Non- procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Contractor and any other participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City may pursue available remedies including suspension and/or debarment. K. BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS. Contractors who apply or bid for or have received an award of S100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. L. RECYCLEDPRODUCTS/RECOVERED MATERIALS The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), Page 10 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement including but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.All goods and/or services to be purchased as a result of any award under this Contract shall be in accordance with all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation, during the term of any contract resulting from this solicitation. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting Contract performance requirements; or(3)At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https:/iwww.epa.gov/smm/regulatory- background-comprehensive-procurement-guideline- program-cpg. M. CONTRACTING WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS, C.F.R. § 200.321(G). Pursuant to C.F.R. 200.321 (g),the City will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises, (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; an (6) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs (1) through (5) above. N. ACCESS TO RECORDS. In addition to the provisions contained in the Contract, the following access to records requirements apply to this Contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. Page 11 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements)applies to the Contractor's actions pertaining to the Contract. P. DHS SEAL, LOGO, AND FLAGS. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. R. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract. S. CHANGES The Contract may be modified by mutual consent, in writing through the issuance of a modification to the Contract. T. INDEMNIFICATION For any work performed on Federally funded projects, the Contractor agrees to indemnify and hold harmless the Federal Government, its employees and/or contractors, the County, its employees and/or contractors, and the City and its employees and/or contractors from liability to third parties for claims asserted under the contract. U. E-VERIFY. The Contractor shall utilize the U.S Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors 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. V. BOND REQUIREMENTS (2 CFR §200.325). Notwithstanding Florida law or City practice, at a minimum for construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold (currently $150,000), the following requirements must be met: A. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for 100 percent of the contract price. C. A payment bond on the part of the contractor for 100 percent of the contract price. Page 12 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement Attachment A2 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Contractor: Authorized Representative(Name): SFM SERVICES, INC. CL\C iS I \G Date Signed: Authorized Re .ve (Signature): " /3 V--t Page 13 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 Attachment A to Agreement Attachment A3 SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180 935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Contractor: Authorized Representative (Name): SFM SERVICES, INC. Date Signed: Authorized Repre a 'ye(Signature): ?///2-/ Page 14 of 14 DocuSign Envelope ID:977FB4B1-ABBE-45C2-B812-EA84FFCC7FE4 M I AM I BEACH Contract/Document Routing Form Confr'act No. 4111MIL 17-040-02 Janitorial Services ing Depart;,, SFM Services,Inc Facilities and Fleet Management Department s ..A + ;. .� F r+•Dec eranea er _ Docuwproa n: .,= rz:�...,�,;,, M, . .� Adrian Morales On,— AAa.ks Lester Sola ( y Set 1805238018864EE.. done x Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2-Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement Type 5-Grant agreements with the City as the grantor Type 8-Other: Summa &Pur•ose .. .. • This is Amendment No.5 to the Citywide Janitorial Services contract is necessary to adds sites and services resulting from numerous buildouts and moves that were conducted for several City departments including Housing, Sanitation, Code Compliance,and Parking.The amendment,which has a total fiscal impact of$84,459.56,was approved by the City Commission via Resolution 2022-32186 and has been form approved by the City Attorney's Office.The non-cumulative contract amounts outlined below(Year 4 and Year 5)are subject to the approval of the FY23 and FY24 budgets,respectively. Original Term Total Tais) 05/28/2019to 05/27/2022 05/27/2022-OS/27/2023(Year 4) 05/28/2019 through 05/27/2024 05/27/2023-05/28/2024(Year 5) Fundin: .n -4111 Grant Funded: Yes x No State Federal Other: ost&F rce , 4 $84,459.56 520-1720-000325-29-413-592-00-00-00($41,390.24) Yes No 435-0430-000325-29-413-511-00-00-00($21.593.40) 480-0463-000325-27-413-526-00-00-00($21,475.92) 5 $84,459.56 520-1720-000325-29-413-592-00-00-00($41,390.24) Yes No 435-0430-000325-29-413-511-00-00-00($21„593.40) 480-0463-000325-27-413-526-00-00-00($21,475.92) 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. , Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-32186 C7G June 22,2022 If no,explain why CC approval is not required: Legal Form Approved: X Yes I I No I If no,explain below why form approval is not necessary: Compliance Approvals(see attached) , � ocu 9ne••y Procurement: Grants: N/A 0.4 Budget: Frp 'L,="NaitiliWTF° Information Technology: N/A Bait a. Dote Ste wart _ Risk Management: fYr°Ae,oeE,ae3 Fleet&Facilities: N/A Human Resources: N/A Other: N/A