R7O-Accept Recommendation To Reject All Proposals Security Guard ServicesCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager To Reject All Proposals Pursuant To Request For Proposals No.
23-11/12 To Provide Security Guard Services (The RFP) And, In The Alternative, Approving The Third
Renewal Term Of Security Alliance's Current Contract For Security Guard Services, Dated April 2, 2007,
With Such Third Renewal Term Being Effective As Of August 1, 2012, To April 30, 2013; And Further
Authorizing The Issuance Of A New Request For Proposals For Security Guard Services.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Strategic Plan, 90% of
the residents responded that they feel very safe or somewhat safe in their neighborhoods during the
night.
Issue:
Whether the City Commission should reject the RFP and exercise the existing renewal term under
the current contract?
Item Summary/Recommendation:
RFP No. 23-11/12 was issued on January 30, 2012, with a bid opening date of March 2, 2012; ten (10)
proposals were received.
A motion (which was unanimous) was made by the Evaluation Committee to recommend that the
Administration enter into negotiations with the Committee's top-ranked proposer, Security Alliance; and
should the negotiations be unsuccessful, that it negotiate with the second ranked proposer, Allied Barton.
After considering the review and recommendation of the Committee, as well as reviewing the
Administration's analysis with regard to the City's options (i.e., accept a proposal vs. negotiation of a third
renewal term under the current agreement and reject all proposals), the City Manager has exercised her
due diligence and recommends that it would be in the City's best interest to authorize the Administration
to exercise the third (and last) one year renewal term under the current agreement (which is with Security
Alliance); limit the adjustment of the bill rate to a straight dollar to dollar (plus FICA/MICA) for the
proposed living wage adjustment; and reissue a new RFP.
Reject all proposals and exercise third renewal option under current contract and
authorize reissuance of RFP
Advisory Board Recommendation:
The Finance and Citywide Projects Committee, at its January 27, 2011 meeting, retroactively approved
the first-year renewal of Security Alliance's contract, from May 1, 2010 to April 30, 2011, and prospectively
approved the second-year renewal of Security Alliance's contract, from May 1, 2011 to April 30, 2012. The
Committee further authorized the issuance of the Request for Proposals (RFP) for security guard services.
Financial Information:
Source of Amount Account
Funds: 1 $391 ,901.87 Parking Garages 480-0463-000349
$42,188.31 Parking-7th Street Garage 142-6976-000349
$57,307.35 Parking-Anchor Garage 463-1990-000349
$8,927.00 Parking-Pennsylvania Ave. 467-1996-000349
2 $175,09220 Police-City Hall, Boardwalk, Flamingo Park, North Shore Youth
Center, Normandy Shore Pool, North Shore Open Space, North
Beach Rec. Corridor 011.1120.000349
$91,944.66 RDA-South Pointe 011.1122.000349
$160,348.63 RDA-City Center 168.11.24.000349
$ 2,680.83 Contribution Security Guard-Sanitation 178.6885.000343
OBPI" Total $930,390.85 TOTAL FY 2011/2012 (July-September.2012)
City Clerk's Office Legislative Tracking:
Raul Aguila
S1 n-Offs:
Department Director Assistant Ci
RA SF RM JGG
MIAMJBEACH
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AGENDA ITEM ___..R ...... J..a...;O:..-_
DATE J-1 g_../l-
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, C~y Manager ~A~/-.
DATE: July 18, 2012 //
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGE.R TO REJECT ALL PROPOSALS RECEIVED PURSUANT TO
REQUEST FOR PROPOSALS NO. 23-11/12 TO PROVIDE SECURITY
GUARD SERVICES (THE RFP) AND, IN THE ALTERNATIVE, APPROVING
THE THIRD RENEWAL TERM OF SECURITY ALLIANCE'S CURRENT
CONTRACT FOR SECURITY GUARD SERVICES, DATED APRIL 2, 2007,
WITH SUCH THIRD RENEWAL TERM BEING EFFECTIVE AS OF AUGUST
1, 2012, TO APRIL 30, 2013; AND FURTHER AUTHORIZING THE ISSUANCE
OF A NEW REQUEST FOR PROPOSALS (RFP) FOR SECURITY GUARD
SERVICES.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
FUNDING
$930,390.85 Budgeted by Parking and Police Department for the remaining Fiscal Year
2011/2012.
KEY INTENDED OUTCOMES (KIO's) SUPPORTED
Maintain crime rates at or below national trends
BACKGROUND
Contract No. 34-05/06, to provide Unarmed Security Guard Services, was awarded to
Security Alliance LLC (Security Alliance) on April 2, 2007, with an initial term of three (3)
years, and three (3) one-year renewal options (the Current Agreement). The initial term
of the Current Agreement commenced on May 1, 2007, and expired on April 30, 2010.
The Current Agreement was renewed for two additional one-year terms, which expired
on April 30, 2012. At the City's sole option and discretion, the Current A_greement may
be renewed for one (1) additional one-year term, through April 30, 2013.
At its March 9, 2011 meeting, and concurrent with its discussion to exercise the first and
second renewal options under the Current Agreement, the Mayor and City Commission
also approved the Finance and Citywide Projects Committee's recommendation to issue
a new Request for Proposals (RFP) for the aforestated security guard services, at least
six (6) months prior to the expiration of the Current Agreement.
At its September 26, 2011 meeting, the Finance and Citywide Projects Committee
discussed .an investigation that involved Security Alliance and "Rooms To Go"
employees. After being briefed by the City Attorney's Office, the Committee's
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RFP #23-11112 Security Guard Services
July 18, 2012
Page 2of9
recommendation was to issue a new RFP immediately. Subsequently, the item to
approve the issuance of an RFP for security guard services was presented to the City
Commission at its October 19, 2011 meeting, at which time it was again referred to the
Finance and Citywide Projects Committee.
At its December 6, 2011 meeting, the Committee recommended that the Administration
proceed to issue the new RFP, but that the results of the new RFP process be compared
with the Current Agreement, and to determine whether it was in the City's best interest to
award a new contract or exercise the last renewal term from under the Current
Agreement.
In a letter dated May 3, 2012, Security Alliance agreed to continue to perform under its
current contract with the City, on a month to month basis pursuant to Section G of their
Current Agreement, entitled "Term of Contract" until a final determination is made.
RFP PROCESS
On January 11, 2012, the Mayor and City Commission authorized the issuance of
Request for Proposals (RFP) No. 23-11/12 for Security Guard Services. RFP No. 23-
11/12 was issued on January 30, 2012, with an initial term of three (3) years, and three
(3) one-year renewal options. The bid opening date was March 2, 2012.
Ten (10) proposals were received from the following contractors (See also attached
Tabulation, Appendix A):
1. Kent Security, Inc.;
2. Florida Patrol Investigators, Inc. d/b/a FPI Security Services;
3. USI Security, Inc.;
4. U.S. Security (U.S. Security);
5. Allied Barton Security Services (Allied Barton);
6. Responsible Security Inc. (Responsible);
7. G4S Secure Solutions;
8. SMI-Security Management Innovations, Inc.;
9. SMI-Security Management, Inc.; and
10. Security Alliance, LLC (Security Alliance).
The City Manager, via Letter to Commission (LTC) No. 082-2012, dated March 20, 2012,
appointed an Evaluation Committee ("the Committee") consisting of the following
individuals:
• Lt. Eduardo Yero, Community Affairs Unit and Contracts Administrator, Police
Department; ·
• Recio Alba, Financial Analyst Ill, Parking Department;
• Gabriel J. Paez, Miami Beach Resident, Citizens Police Academy Graduate and
Alumni;
• Nick Pietrocarlo, Miami Beach Resident, Citizens Police Academy Graduate and
Alumni (Chair);
• Cornelius O'Regan, Police Support Services, Police Department; and
• Carol Lang, Miami Beach Resident, Co~Treasurer of the Citizens Police Academy.
On April 2, 2012, the Committee convened to shortlist proposers. Gabriel Paez was
unable to attend.
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RFP#23-11112 Security Guard Services
July 18, 2012
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The following Evaluation Criteria was used to evaluate and rank the proposals received
in response to the RFP:
1. The experience and qualifications of the Contractor (35 points);
2. The experience and qualifications of the Management Team (20 points).
3. Past performance based on number and quality of the Performance Evaluation
Surveys (10 points); and
4. Financial strength as evidenced by financial statements (10 points);
5. Total cost (25 points)
Additional Points, over the aforementioned potential 100 points were allocated, as
appropriate:
• Local Preference: An additional five (5) points would be assigned to Proposers,
which are, or include as part of their proposal team, a Miami Beach-based
vendor as defined in the City's Local Preference Ordinance.
• Veterans Preference: An additional five (5) points would be assigned to
Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran
business enterprise, as defined in the City's Veterans Preference Ordinance.
Accordingly, an additional five (5) points were automatically added to Security Alliance
LLC and SMI Security Management, Inc. for having local offices within the City. Please
note that these points are already accounted for in the ranking of firms table presented in
the following table.
The Committee unanimously ranked and short-listed the following four (4) proposers and
invited them to return for interviews (See Appendix B-Scoring Sheet):
1. Allied Barton;
2. Security Alliance;
3. G4S Secure Solutions; and
4. Kent Security.
The Committee discussed the qualifications, past performance and experience of the
proposers. The following proposers were not shortlisted, provided with the subsequent
reasons:
RESPONSIBLE SECURITY INC.
Responsible Security Inc. was the lowest proposal received.
The Evaluation Committee discussed Responsible's qualifications, experience,
references and past performance. The Committee concluded that the firm was too small
to handle the contract. References listed by Responsible include Galt Tower
Condominium, Congas Night Club, ATI Career Training Center and City of Boca Raton,
where they have one (1) guard staffed. Reference provided by City of Baca Raton was
not favorable.
FPI SECURITY SERVICES
The Evaluation Committee discussed FPI's qualifications, experience, references and
past performance. The Committee noted that the proposer had listed clients that were
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RFP #23-11112 Security Guard Services
July 18, 2012
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smaller in size and contract amount. Another concern expressed, was that the billing
rates proposed for the unarmed guards and supervisors' classification were the same.
References listed by FPI include Blue Lagoon Condo, Continucare MDHC, Fisherman's
Boat Group, Philips International Holding Corp. (A retail mall and largest contract listed
with 1300 hours weekly) and Silver Lakes Community Association.
USI SECURITY
The Evaluation Committee discussed USI Security's qualifications, experience,
references and past performance, and concluded that the firm had listed small sized
organizations as clients which did not include any similar size government contracts.
References listed by USI Security include, Mary Brickell Village, Coccia Realty,
Keansburg Board of Education, Veterans Affairs Medical Center and Geraldine
Thompson Healthcare Center.
U.S. SECURITY
U.S. Security was the highest proposal received.
The Evaluation Committee discussed U.S. Security's qualifications, experience,
references and past performance, and concluded that the proposer lacked experience
and the rates were the highest. References listed by U.S. Security include Resort World
of Miami, Coca Cola Commercial Products, Klmco Realty Corp., Greyhound Terminal,
and Aventine Condominium.
SMI-SECURITY MANAGEMENT INNOVATIONS, INC.
The Evaluation Committee discussed SMI Security Management Innovation's
qualifications and experience. The Committee noted that the proposer had failed to
provide past performance surveys for reference. The Committee expressed concern on
the financial stability of the proposer, since all assets are located abroad. Billing rates
proposed for the unarmed guards and supervisors' classification were the same, which
was a concern to the Committee members as well. References listed by SMI Security
Management Innovation include United Parcel Services (UPS) Miami International
Airport (MIA), Amerijet International (MIA), Catholic Housing Services, DUO
Condominium, The Laurels at Jacaranda, Element Miami Airport Hotel, etc.
SMI-SECURITY MANAGEMENT, INC.
The Evaluation Committee discussed SMI Security Management's qualifications,
experience, references and past performance. The Committee concluded that the
proposer had a poor ratillg on a past performance survey, lawsuits pending, as well as
negative equity on their financials. . References listed by SMI Security Management
include LAN Airlines, White Rock and Quarries, City of Miramar, Taca Airlines and
Courtyard by Marriott.
During the Committee meeting, the Committee raised issues pursuant to an email sent
to the members by SEIU (See Appendix C). The Committee liaison from the
Procurement Division advised the Committee that she would follow up on the issues
raised in the letter, and provide a subsequent response to the Committee.
A motion was also made to have the following information available prior to the next
Committee Meeting:
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July 18, 2012
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• Follow up on the issues raised in the letter provided by SEIU on 4/2/12; and
• Identify which short-listed companies have union bargaining agreements.
On April 9, 2012, the Committee members were provided with staff's e-mail response to
SEIU's 4/2/12 letter (See Appendix D). As to its second question, three (3) of the four (4)
short-listed proposers confirmed existing union bargaining agreements (i.e. Kent
Security was the only contractor without a union bargaining agreement).
On April 16, 2012, the Committee reconvened to listen to 1 0-minute presentations from
each short-listed proposer, followed by a 20-minute Question and Answer (Q&A)
session.
At the conclusion of the last proposer's Q&A session, the Committee members scored
and ranked the proposers. A motion (which was unanimous) was made to recommend
that the Administration enter into negotiations with the Committee's top-ranked proposer,
Security Alliance; and should the negotiations be unsuccessful, that it negotiate with the
second ranked proposer, Allied Barton. The Committee's final rankings are as follows:
FINAL RANKINGS
LOW
AGGREGATE
TOTALS
GRAND
TOTAL
PRICING
When tabulating the costs, Security Alliance came in at $239,000 more than the lowest
proposal received, and Allied Barton came in at $205,000 more than the lowest proposal
received (See Appendix A).
ANALYSIS
An analysis of the two (2) Committee recommended proposers and the renewal of the
Security Alliance contract:
A RFP Proposed Rates
The following provides a brief history and review of the two (2) recommended
proposers:
1. SECURITY ALLIANCE
Security Alliance was founded in 2001 by former US Marine and current
President, David Ramirez. Security Alliance has successfully provided
unarmed guard services to the City of Miami Beach since April 2007. Security
Alliance has a Miami Beach office located at 1234 Washington Avenue. This
strategically selected office location, and the personnel assigned there, are
dedicated to the services for the City of Miami Beach. The operation is active
twenty-four (24) hours per day, seven (7) days per week, year round. In 2010,
Security Alliance willingly completed a collective bargaining process with the
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00
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Commission Memo
RFP #23-11112 Security Guard Services
July 18, 2012
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SEIU (Local 32BJ) allowing its employees to organize to protect themselves
with the aid of Union representation. Security Alliance has certified that it will
pay the living wage rates and offer domestic partner benefits to its
employees.
Security Alliance has recently completed its certification process for
becoming and environmentally friendly company. As of December 2011,
Security Alliance is certified through the ISO 14001:2004 program for
implementing an Environmental Management System. Security Alliance is a
Pillar Member of the Miami Beach Chamber of Commerce and has been a
Gold or Silver Sponsor of the fund raising golf tournament of the Chamber
each of the last four years. Security Alliance also recently donated to a fund
raising campaign for the Miami Beach Chamber benefiting Education. In
addition, Security Alliance has developed a relationship with a local Miami
Beach bicycle shop for the regular maintenance of these bicycles, which are
subject to tremendous wear and tear on a daily basis.
Other contracts include Miami-Dade County, Johnson and Wales University,
Homestead Miami Speedway, and Graham Companies of Miami Lakes.
]; UN:J\RMED 'GUARDS·-
:13Q~lJOO;HR5/Y~
Bill Rate/hour Total
18.65 $2,424,500
Bill Rate/hour Total GRAND TOTAL
$ 20.50 $615,000 $3,039,500
2. ALLIED BARTON
Allied Security was founded in 1957 in Pittsburgh, PA, as a provider of
uniform security services, and by 2000, Allied Security grew to 60 offices
across the country with over 9,000 employees. In August 2004, Allied
Security acquired Atlanta-based Barton Protective Services, forming Allied
Barton Security Services. Allied Barton's network consists of over 53,000
employees, serving more than 3000 clients. Allied Barton employs more than
2000 security officers in the South Florida tri-county area. They deliver
30,000 man-hours of security service in the Miami-Dade County area. Allied
Barton has local Miami-Dade Dispatch Center which provides a complete
24/7 dispatch capability. They have two Service Assurance Centers that
operate 24 hours a day, 7 days a week, 365 days per year and are available
through a toll free number at 8 ... 66-703-7666. Allied Barton also has two 24/7
national call centers providing redundancy in emergency situations.
Other county and city contracts are: Miami-Dade County; Hillsborough
County, Broward County (Port Everglades and Fort Lauderdale International
Airport); the Government of the District of Columbia, Bexar and Harris County
in Texas; the counties of San Bernardino, San Diego and San Mateo in
California; Clark County, Nevada; and Charlotte/Mecklenburg County in North
Carolina.
Allied Barton has been named to Training Magazines Top 125 Training
Companies for six consecutive years. They will create an on-the-job training
checklist and a City of Miami Beach-specific exam that their security staff will
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RFP#23-11112 Security Guard Services
July 18, 2012
Page 7of9
have to pass in order to be posted and remain at the site to ensure that their
officers live up to the City's requirements and expectations. Allied Barton has
certified that it will pay the living Wage rates and offer domestic partner
benefits to its employees.
I. UNARMED GUARDS.:.
:130}000 FIRS/VR
Bill Rate/hour Total
$ 18.53 $ 2,408,900
B. Renewal Option
:11~;'St:JPSVIsDRS ..;;.:\ , , ; 'i3~~00itltRSt~J';;:;,~'t.i :l~i,•:;; ., ~(·J
Bill Rate/hour Total
$ 19.87 $ 596,000
GRAND TOTAL
$3,005,000
In issuing the new RFP, the Mayor and City Commission also directed staff to
compare the results of the new RFP process, to the Current Agreement, in order
to determine whether it would be in the City's best interest to either authorize the
negotiations and, if successful, award a new contract pursuant to the new RFP,
or to reject proposals and renew the Current Agreement for one additional year.
The following chart compares the billing rates proposed by Security Alliance in its
response to the new RFP, and latest rates (for FY 2012) under the Current Agreement:
>I •. :.UNARMEQ~UARDS
l3Q;OOOiilRS/YR
Bill Rate/hour Total
$ 18.00 $ 2,340,000
Bill Rate/hour Total GRAND TOTAL
$ 18.00 $540,000 $2,880,000
The City's proposed Living Wage rate for Fiscal Year 2013 is $11.28 per hour, with
benefits valued at no less than $1.64 per hour or $12.92/hour, without health benefits.
The increase to the proposed Living Wage rate for FY13 (plus FICA/MICA (7.65%)
equates to a $0.81 increase.
If applied on a straight dollar to dollar (plus FICA/MICA) basis, the calculations described
in the chart below results in $18.81 for unarmed guards and $18.45 for supervisors (It is
important to note that the increases do not consider any ripple effect as a result of
payroll compression (i.e. a similar percentage or dollar per hour increase for employees
who currently earn in excess of the proposed living wage rate) but does include FICA at
6.20% and MICA at 1.45%, which has been the common practice in offering increases
during the implementation of the three-year phase-in):
804
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Beginning October 1, 2012 the remaining seven (7) months of the renewal year would
need to be adjusted to the proposed Living Wage rate.
$1,818,375
$18.81 $1,426,425.00
*Assuming straight line usage of hours.
TOTAL DIFFERENCE IN COST
$18.45 $1,749,300
$2,229,288
($50,337)
Although the $18.81 bill rate for unarmed guards is greater than the new RFP rate of
$18.65, and the hours for unarmed guards are substantially more than for supervisors, it
is still a better option for the City to renew the Current Agreement for the remaining nine
(9) months of the term of contract, and limit the Living Wage adjustment to the straight
dollar to dollar (plus FICA/MICA) increase. "'
Additionally, the second ranked proposer, Allied Barton Security Services proposed an
estimated annual amount of $3,005,000 (see Appendix A) which is $34,500 less than
Security Alliance's proposed estimated annual amount of $3,039,500.
MANAGER'S DUE DILLIGENCE
After considering the review and recommendation of the Committee, as well as
reviewing the Administration's analysis with regard to the City's options (i.e. accept a
proposal vs. rejection of all proposals and, in the alternative, exercise the third renewal
805
Commission Memo
RFP #23-11112 Security Guard Services
July 18, 2012
Page 9 of9
term under the Current Agreement), the City Manager has exercised her due diligence
and recommends that it would be in the City's best interest to authorize the
Administration to renew the Current Agreement for the third (and last) one year renewal
term effective as of August 1, 2012 to April 30, 2013.
Under the Current Agreement, the City has the option to renew the contract, at its sole
discretion. The Current Agreement expressly states that "Renewal of the contract is of
prerogative, not a right of the contractor. Such option will be exercised, if at all, only
when it is in the best interest of the City of Miami Beach."
In exercising the last renewal term under the Current Agreement, the City Manager
further recommends that the Administration limit the adjustment of the bill rate to the
straight dollar to dollar (plus FICA/MICA) for the proposed living wage adjustment date,
effective October 1, 2013.
Additionally the Manager further recommends that the City Commission authorize the
issuance of a new RFP for security guard services.
CONCLUSION
The Administration recommends that the Mayor and City Commission reject all
proposals received pursuant to Request for Proposals No. 23-11/12 to Provide Security
Guard Services (the RFP) and, in the alternative, recommends approving the third
renewal term of Security Alliance's current contract for security guard services, dated
April 2, 2007, with such third renewal being effective as of August 1, 2012 to April 30,
2013. The Manager further recommends authorizing the issuance of a new Request for
Proposals (RFP) for security guard services.
T:\AGENDA\2012\7-18-12\RFP 23-11-12 Security Guard Services-Memo.docx
806
co 0 ....... Comganl£ Security Alliance Allied Barton Kent Security G4S Secure Solutions Responsible Security FPI Security SMI Security Management USI Security SMI Security Innovations US Security ····•••cos7PR0Pbsll.iW•¥Jtsuf.Anoi4APPElitdxA···· I. UNARMED GUARDS @130,000 HRS/YR II. SUPERVISORS -30,000 HRS/VR Billina Rate/hour Total Billina Rate/hour Total GRAND TOTAL SHORTLISTED PROPOSERS $ 18.65 $ 2,424,500.00 $ 20.50 $ 615,000.00 $ 3,039,500.00 $ 18.53 $ ,408,900.00 $ 19.87 $ 596,100.00 $ 3,005,000.00 $ 18.67 $ 2,427,100.00 $ 19.17 $ 575,100.00 $ 3,002,200.00 $ 18.67 $ 2,427,100.00 $ 22.37 $ 671,100.00 $ 3,098,200.00 PROPOSERS THAT WERE NOT SHORTLISTED $ 17.50 $ 2,275,000.00 $ 17.50 $ 525,000.00 $ 2,800,000.00 $ 18.45 $ 2,398,500.00 $ 18.45 $ 553,500.00 $ 2,952,000.00 $ 18.50 $ 2,405,000.00 $ 19.50 $ 585,000.00 $ 2,990,000.00 $ 18.45 $ 2,398,500.00 $ 19.83 $ 594,900.00 $ 2,993,400.00 $ 18.86 $ 2,451,800.00 $ 18.86 $ 565,800.00 $ 3,017,600.00 $ 20.25 $ 2,632,500.00 $ 20.25 $ 607,500.00 $ 3,240,000.00
co 0 co APPENDIX A l:,;t ... ··, ·:;. · • , ..• <,:~.·, ;~<? "•••~·.· · ;,; ·,:.•'·•·· ·:~.~·~ ••. · .•. · .• ;~··~;r;•· ·,····. ·•.< ·•·•; ··. :: .• :~·.:····.·· · · .•. :)2;j:=::~;~;f};~:~:.·.··••••·•······i"'fiii'il ·i£Eii1· fflidL'" ••· ········''~·:I:~.~.~.·~~:c·~~,:~;;{f , •. ~~~(;,., ·.:~;~ :rPfi~'·''ri::it' •i!jJ~. f·.··· ..... ,:r'·.M:·~ {~~·,~:t~~~k"~i;r:t;:·: ,.::: ~~,,.;;:••! ~~~;?'I["• ~% ":•7 ,)'':: . ·· ·i~fJ~iJ{;•• ': Kent FPI USI US Allied Responsible G4S SMI Security SMI Security Security 1 '\,1' : •••''·"'; . ~.,:;.,g,;: '•• Security Security Security Security Barton Security Secure Management Management Alliance u: < ' ,, ;, ~~ F':r ; I Solutions Innovations !;;;iJ!( ··'' ; ;;pi;. 1 Code Enforcement ' ' a. dog off leash hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $18.67 $ 18.86 $ 19.10 $19.75 b. pooper scooper hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $ 18.67 $ 18.86 $ 19.10 $ 19.75 c. littering hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $ 18.67 $ 18.86 $ 19.10 $ 19.75 d. skateboarding in Lincoln Rd hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $ 18.67 $ 18.86 $ 19.10 $ 19.75 e. skateboarding and Bike on BW hour $ - $ 20.20 $ 17.03 $ -$20.53 $ 18.50 $ 18.67 $18.86 $ 19.10 $ 19.75 Special Master 2 Hearings a. Security Guard (Code) appearance $ -$ 20.20 $ 75.00 $ -$ 112.00 $ 19.50 $ 104.56 $ 18.86 $ 19.30 $ 24.50 b. Supervisor appearance $ -$ 20.20 $90.00 $ -$120.00 $ 19.50 $ 125.28 $18.86 $19.80 $ 27.75 Unarmed guards 3 (traffic control) hour $ -$ 20.20 $ 17.03 $ -$ 19.53 $ 18.SO $ 18.67 $ 18.86 $ 19.30 $ 19.20 Monthly cost of 4 additional vehicle vehicle $ -$ 600.00 $1,195.00 $ -$1,500.00 $ -$1,500.00 $ 600.00 $ 1,200.00 $1,200.00 Monthly cost of 5 additional bicycle bicycle $ -$ -$ 65.00 $ -$ 200.00 $ -$ 100.00 $ 100.00 $ 100.00 $ 30.00 Monthly cost of additional golf 6 cart golf cart $ -$ 50.00 $ 350.00 $ -$ 230.00 $ -$ 300.00 $ 200.00 $ 180.00 $ 140.00 Costs associated with polygraph 7 exam polygraph $ -$ 100.00 $ 500.00 $ -$ 250.00 $ -$ 275.00 $ 200.00 $ 150.00 $ 125.00
co 0 CD 100 100 90 100 73 2012-APPENDIX B Rank 1 1 4 1 6 5 Lt. Eduardo RocioAiba Yero Total Total Points Rank Points Rank 91 1 95 2 86 4 97 1 90 2 92 3 87 3 88 4 77 6 56 6 78 5 70 5 68 7 44 8 Motion Presented by NICK PIETROCARLO, seconded by LT. YERO, and unanimously accepted by all committee members. MOTION: Select the 4 top rank proposers for presentations: Allied Barton, Security Alliance, G4S and Kent Security. Tim O'Re an Total Total ~oints Rank Points Rank 100 2 86 1 105 1 80 3 85 4 70 5 95 3 82 2 51 5 74 4 45 7 54 8 50 6 58 6 Add to Motion: Which companies have union agreements and check validity of Kent Security Living Wage Violation at the City of Miami. 1 Five (5) additional points for Local Preference were allocated to the total points for Security Alliance. 2 Five (5) additional points for Local Preference were allocated to the total points for SMI Management, Inc. ' I I LOW 472 7 4681 10 427 18 452 13 331 27 332 30 270 34
3ZBJ
SEIU
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APPENDIX C
March 31, 2012
Dear Member of the Evaluation Committee,
As you consider proposals for RFP 21 -11112 -Security Guard Services, we want to urge you
to consider the following infunnation about Kent Security to make your decisions
SEIU is engaged in a 11lll.icmwide campaign to increase ;nandards in the security industry.
Unfortunately, the private sccuricy industry has been plagut:d by too many contractors with
minirmt I standards and a poor record in their relationship to their cmployec5. We believe that
one of those contractors is Kent Security, which submitted a proposal for tile aforementioned
RFP.
In April2011. wid1 the help of Local :l2RJ, Kent employees at the City of \1iami tiled a
complaint with the City's Purchasing Director alleging violations of the City's Livine Wage
Ordinance. The employees had been illegally underpaid for years. with some getting paid a.~
mud! as S 1.25 pc1 hom below tile mandated rates. After several months, a period WhCJI
workers were forced to go out on strike to make their voices heard, the City agreed the Kent
violated the Living Wage Law by underpaying workers. 'Illeteaftcr, Kent filed a certification
with the City falsely claiming it was In compliance with the law. As ofthe date of this letter.
nearly a year after the complaint was filed, Kent ha.i just. !\lllned adjUSling paying wage rates to
comply V~<ith the law. However, Kent has still not reimbursed the employees for the years of
illegal underpayrm:m thltt lbey were subjected to.
Adtlitiooally, Kent has a long history of lawsuits filed against it and its affiliates fur il..'illeS
including unpaid w~ and diserimlnatioo. We have also attached an insert detailing these
issues, but some of the most egregious include:
In July 2008, Ellen <Jreenfield, a former K.eot V.l' of Sates, filed a lawsuit against
Kent alleging gender and pregnancy discrimination and harassment. The plaintiff
alleged that after informing Kent that she was pregnant, 5he experienced harassment,
wa.o,; dllmoted, p1.1t on surveillance, and ultimately construotivcly discharged. The ()llSC
was settled on Septgnbe1 2009 with unknown terms.
On twuseparate cases in 2009, plaintiffs Russell Casadonte and Jose Ortiz sued
Kent under the Fair Labor Standard.\ Act '~~:eking to recover unpaid wages. Even as
Kent denied any wrongdoing, it settled the cases fur $6,000 Hnd $5,533.60,
respectively.
Please do not hesitate to eootact me if you have any qucstioos.
Sincerely,
~
Eric Brakken
Florida District Director
SEIU32BJ
)4 NE 1st Ave. Suite 90S
Mimni. FL33132
305-6 72-7071
810
APPENDIXD
Delvat, Cristina
From: Delvat, Cristina
Sent:
To:
Tuesday, April 03, 2012 2:51 PM
Aguila, Raul
Cc: Estevez, Maria
Subject: RE: Citynet -Purchasing Website Question
Per the email sent by the Purchasing Director of the City of Miami, Kent Security is currently in compliance.
MIAMIBEACH
Crlatlna Dttlvat Confnlcts Compliance Specialist
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beech, FL 33139
Tel: 3(15.673-7496/ Fax: 786-394-40001 cdelyat@!TI!am!bpch!!.gov
We 11111 commJI1ed to providing excellent pub/lc s.ervice and ssfety to all who live, liCifc and play In ourviblant troploal. hisloric oommunily.
&A Think Green. Keep It on the screen.
From: Aguila, Raul
Sent: Tuesday, April 03, 2012 2:31 PM
To: Del~ Cristina
Cc Estl!vez, Maria
SUbject: RE: Citynet -Purchasing Website Question
No closure from City of Miaml?-i.e. did they ever respond to Kent's last letter and was Kent found to be in compliance
ornot? ·
MIAMI BEACH
Raul J. Aguila, Chief Deputy City Attorney
OFFICE OF THE CrrY ATTORNEY
1700 Convention Center Drive-Fourth Floor, Miami Beach, FL 33139
Tel: 3Q5.673-7470 or 3(15.673-7000 I Fex: 305-673-7002 I www raulagu!la@mJamjbeachfl,aov
We are r:ommlllad tn providing~ publk sl!tllke and safety tn aH who live, WDrlr and play In ourlllbnmt, tmpk:a~ historic t:Ommunlly.
From: Delvat, Oistina
Sent: Tuesday, April 03, 2012 1:"16 PM
To: Aguila, Raul
.ec: Estl!vez, Marla
SUbject: FW: Citynet -Purchasing Website Question
Hi Raul,
Please see Attached letters regarding Kent Security's violation of the Living Wage at the Oty of Miam't Should I forward
the information to the Committee members?
Thank you,
MIAMI BEACH
Cristina Delvat Confnlcts Compliance Specl8//st
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7496/ Fax: 786-394-40001 cde!yat@miamlbeachfl.aov
We 11118 committed to providing excellent pub/lc N/ViCe and safety to aH wno f/11&, liCifc and play In our 1liblant fiDplr:a/, hlstodc cammunJty.
1
811
J; Think Green. Keep it on the screen.
From: Robertson, Kenneth [mailto:krot!ertson®miamigov.com]
sent: Tuesday, April 03, 2012 11:38 AM
To: Delvat, Cristina
Cc: Estevez, Marla
SUbject: RE: Cltynet -Purchasing Website Question
Good morning:
Please review the attached documents. After several letters during our investigation process, Kent Security Is currently
in compliance with the living wage rate requirements of ITB Contract 16014. Follow-up Miami Herald artlde is also
posted below. Thank you.
htto://www.miamlherald.com/2012/03/29/2722726/securitv-contractor=Pavs-back.html
Kenneth Robertson
Director I Chief Procurement Officer
City of Miami-Purchasing Department
Miami Riverside Center
444 S.W. 2nd Avenue-6th Floor
Miami, FL33130
Phone: (305) 416-1910
Fax: (305} 416-1925
E-mail: krobertson@miamigov.com
Website: http://www.mlamlgov.com/procurementl
This communk:atlon may c:ontain confidential and/or otherwise proprietary material and Is thus for use only by the Intended recipient. If you
received this in error, please contact the sender and delete the e-maD and Its attachments from all computers. 'Due to Florida's very broad public
records law, most written communk:atlons to or from City of Miami employees regarding city business are public records, avaUable to the public
and media upon request. Therefore, this e-mail communication may be subject to public disclosure.
From: Delvat, Cristina [ma!lto:COe!yat@mjamlbeacbfl.aoy]
sent: Monday, April 02, 2012 4:19 PM
To: Robertson, Kenneth
Cc: Estevez, Marla
SUbject: Cltynet-Purchasing~ Website Question
Good afternoon Mr. Robertson,
This morning the Evaluation Committee for RFP #23-11/12-Security Guard Services convened to shortlist. During the
meeting. the committee members were informed that Kent Security was in violation of the Living Wage of the City of
Miami. In order for the committee to make an informed ranking of the companies, we would like to know the facts.
Please let us know the details of the violation.
Thank you in advance for your assistance with this matter.
2
812
KENNETH ROBERTSON
Cllldl'rocurcme:ll Officer .
SENTVJA;
EMAL fhenN@bluerockleqai.com
Frank H. Henry, Eeq.
Bluerock legal, P.A.
11645 Biscayne Boulevard, Suite 400
North Miami, Aorida 33181
JOHNNYMARTINE2, P.E.
City ManageT
February 24, 2012
RE: KENT SECURITY SERVICES LMNG WAGE RATE NONCOUPUANCE
DearMr.Hemy:
In response to previous correspondence regarding the subject maHer, on Thursday, November
3, 2011' Kent Security Services ("Kent") hand delvered the attachecl Living Wage Certific:al:lon
dated November 2, 2011, to my office (AttachiTIEVIt 1). This certifica1ion was submitted in order
to become compliant with ITB Contract 16014 Geneml Condition 1.40, CITY OF MIAMI UVING
WAGE ORDINANCE, which requires that 1e]very six months, the service contractor shall file
with the city's procurement director a listlno of all mvered emplo}lees together With a
~ of compliance with this article.•
As .vou are aware. Bid Contract 16014 was awarded to Kent pursuant to the terms and
conditions of Invitation for Bid OFB) 16014. Special Condition 2.5, Living V\'age Ordinance, on
Page 29 of the IFB clearly states:
"City of Miamls Uving Wage Ordinance ls applicable to this service contract.
Please refer to Section 1.40 of the General Terms and Conditions for further
information and guidance on how to comply with this ordinance. •
General Condition 1.40, City of Miami Living Wage Ordinance, on Page 18 of the IFB and its
cited Section 18-556 of the City of Miami Code of Ordinances clearly state:
·uving wage means a wage set at a level equal to 110 peroent of the poverty
guideline as published from time to time by the U.S. Department of Health and
Human Services Poverty Guidelines (persons in househo.'ds of four). The 2006
living wage is no less than $10.58 an hour with a health benefit plan Temphasis
added], as described in this article, or s living wage of not Jgss than $11.83 an
hour without health benefits [emphasis added]. The living Vlage shall be
adjusted annuaHy by no later than April 1 following the publication of the
aforerr.entioned guidelines."
Pagel
813
Section 18-557, Uving Wage, Subsection (b), Health benefits; eligib;Jity period, of the City of
Miami Code of Ordinances, clearly states:
(b) Health benefits; eligibility period. For a covered employer to
comply with tfris article by choosing to pay the lower wage scale
available when a covered employer also provides a standard
health benefit plan, such health benefit plan shall consist of a
payment of at least $1.25 per hour toward the provision of health
benefits for covered employees and their dependents and shalf be
approved by the city.
If the health benefit plan of the covered employer requires an
initial period of employment for a naw employee tc be eligible for
health benefits (the •eligibility perior:r), a covered employer may
qualify to pay the $10.58 per hour wage scale for a term not to
exceed the new employee's eligibili'ty period, provided the new
employee wHI be paid health benefits upon completion of the
eligibHity period, which period shall not exceed 90 days. ·
Previous correspondence regarding this Issue communicated all calculations in support of the
City's living wage hourly rates for Years 2006 -2011. This $1.25 health benefit wlue was duly
factored into the yearly living wage rates required of ITB Contract 18014:
wage Wage
With Health Without
Year Benefit Benefit Benefit
2006 . 10.58 1.26 11.83
2007 10.92 1.26 12.17
2008 11.21 1.26 12.46
2009 1t.86 1.26 12.91
2010 11.66 1.26 12.91
2011 11.82 1.26 13.07
ITB Contract 16014 and the Uvjng wage Ordinance are both clear that the value associated
with not providing a health benefit plan equates to $1.25 per hour: $11.83-$10.58 • $1.25. If
choosing to pay the lower wage scale throughout the contract term, Kent is contractually
required to pay an additional $1.25 per hour toward the provision of health benefits for
covered employees and their dependents.
Kenfs Uving Wage Certification dated November 2, 2011, specifies the (then) current salaries
of 34 covered employees working under ITB Coniract 16014. Of these 34 covered employees,
32 of them are making $12.40 per hour; one is making $12.65 per hour; and one is making
$13.50 per hour.
Please note that the 2011 living wage hourly rate with a health benefit plan is $11.82. The
2011 living wage hourly rate w"r'.Jiout a li&altti benefit plan is $13.07. The City of Miami can
logically presume, therefore, that Kent is choosing to pay 33 out of the 34 covered employees
the lower wage rate because they are actually receiving a health benefit plan.
Page2
814
Ac:<:crdingly, please forward proof to 1he City of Miami that 1he following covered employees are
currently receiving a health benefit plan and were receiving a heaHh benefit pJan during calendar
year2011:
Adel, Robert
Alejo, Francia
Arias, Zulay
Bolivar, Ernst
cantillo, Jorge
Cruikshank., Nigel
Dixon, Edgar
Edwards, Eddie
Exposito, George
Filtidor, John
Gabela, Melissa
Godinez, Guillermo
Gutierrez, Rafael
Hennednant, Anthoniel
Lafosse, Kenly
Langott, Delaneo
Levi, ltzhak.
Malagon, William
Mathieu. Pierre
Mendel, Cesar
Moyer, America
Pierre, Sanley
Pierre, Bayonne
Polydcr, steve
Prevot, Rony
Renard, Herbert
Rios, Eric
Roclrlg1.18Z, Sandor
San, Abilio
·1 imothee, Renaud
Tongue, Allen
vanes, Maria
V\lilis, Anthony
This information is requested not later than close of business 5:00 PM, Thursday, March 1,
2012.
Pursuant to General CondiUOn 1.40, Paragraph 8, on Page 19 of the IFB:
"1-silure to oomply with the City ot Miami !..illing Wage Ordmance may result
in legai action by the covered employee or former covered employee as
allowed by Florida Law, court impose[dj sanctions, ely impose[rJ] sanctions,
such as pay wage restitution, impose[d] monetary damages, suspensiOn
or termination of payment, termination of contract, and debarment ...
AdditiOnally, pursuant to section 1S..559 (d) of the City of Miami Code of Ordinances:
Page3
815
!~ !&iiictiOiiS a,gflinst .seNice ~ntracfon;. .F.or Violations of this§iicle, the.~ shaD sam;tion a !
· :rviceixlntrac:lorb r 1he:servlae·oonti'Bctor~ · ~ at-·fls . .'fori ~~a:;·. ;'· L~~/l.lfl"i,!:!2~~~-~. £Pfl1§!, I, ~affected ~Y!!· ·'fh!i·ci!y~~so sanction the service -~tract~}!! ·a'i.J!,~:_one~the!.
fOT/ovling&lclltional,wayg:t
!rtff-'·:·11ltJ.Cf!Ymal~~1nthesumof$50CUJOfOreacJIUVSekifor.Sachj
· loqv9Jed~ foiltidto.havenctiMnP~Id inscCM:tangttV.dttrt1fis.!'l!Ji9il
Failure to provide the requested information in writing may expose Kent to the sanctions above
identified. Should you have any questions, please contact me immediately at office number
. {305) 416-191 a o~ via email at kr9berts9n@miamlqoy.coro. Thank you •
. Sincerely,
Kenneth J. Robertson
Kenneth Robertson Is/
Director I Chief Procurement Officer
KR!kr
encl: Attachment 1
cc: IFB File; Mr. GH Neuman, Kent Security Services: gneuman@lsmltsecuritv.com
816
'•
November 2, 2011
Kenneth Robertson
Director/ChiefProcuremeot Officer
City ofMiami Purchasing Department
444 S.W. 2d Avenue-£1hFioor
Miami,FL33130 .
Dear Mr. Robertson:
Attached is a list of every employee ofKmt Security Services. Inc., who provides securl;ty services
to fhe City ofMiami EaCh of these employees is paid $12.40 (or more) per hour. This letter will
serve as certification of compliance with .Article 1.40 of the Invitation for Bid.
Sincerely,
/J~M-
GilNeuman
CEO
C5l>
-----------~--·--------··--"---------------------------·-----------·----
iM P:305.919.9400-1-aoo-KENT (5368) 1 f':305.919J1690(14600 Biscayne Boulevartl, Miami, Fla::t181 1 www.kei'IISeCUI'Ity.com
KENT SECURITY
817
--·---OU\IlCII llGitll"' 41526 .... _ ... ,.; Adel, Robert Current Pay Rate: $12.40 40300 ..... _ ... Alejo, Franola current Pay Rate: $12.40 40357 ...... _ ... Alvarez, Francisco Current Pay Rate: $13.50 40547 ... _ .... Arias, Zulay Current Pay Rate: $12.40 40313 ••• _ .... Bolivar, Ernst Current Pay Rate: •$12.40 . 41534 ......... q-antlllo, Jorge Current Pay Rate: $12.40 41538 ......... Cruikshank, Nigel Currant Pay Rate: $12.40 40456 ..... lrfl. Dixon, Edger N Current Pay Rate: $12".40 40539 ......... Edwards, Eddie L. Current Pay Rate: $12.40 40432 ... _ .. _ Exposito, George Currant Pay Rate: $12.40 40368 ... _ ... _ ·. Flltldor, John Current Pay Rate: $12.40 40365 ..... _ ... _ Gabela, Melissa L Current Pay Rate: $12.65. 40350. --·k· Godinez, Gulllermo Current Pay Rate: $12.40 40405 ......... Gutierrez, Rafael Currant Pay Rate: $12.40 40400 ......... !' Henneclnant, Anthonlel current Pay Rate: $12.40 41499 ........ lafOl!Se, Kenly Current Pay Rate: $12.40 40f)10 ............ Langott, Delaneo D Ourrent Pay Rate: $12..4Q 41528 ...... _ ... _ Levi, llzhak current Pay Rate: · $12.40 40359 ..... _ .. _ Malagon, William David Current Pay Rate: $12.40 40514 --··-Mathieu, Pl~e Current Pay Rate: $12.40 41531 ... _,..._ Moradel, Cesar Current Pay Rate: $12.40 40309 .......... Moyer, America Current Pay Rate: $12.40 40452 ........... Pierre, Sanley J Current Pay Rate: $12.40 '40997 ........... Pierre, Bayonne Current Pay Rate: $12.40 I ()() 40385 ***·**· t?olydor, ~teve Current Pay Rate: $12.40 4 ' "'l""" 40530 ***-"*· : Prevot. Rony current Pay Rate: $12.40 ()() 40485 ***-"'"· Renard, Herbert Current Pay Rate: $12.40 40295 .... _ .... Rlos, Eric Currant Pay Rate: $12.40 40451 .... _ ... Rodriguez, Sandor Current Pay Rate; $12.40. 40960 ---San, Ablllo P Current Pay Rate: $12.40 41022 ***-**· Tlmothee, Renaud Current Pay Rate: $12.40 41537 ***~**· Tongue, Allen Cumtnt Pay Rate: $12.40 .. 40492 ..... _ ..... VaiiE!,S, Marla D current Pay Rate: $12.40 41004 *"*-**· Willis, Anthony Current Pay Rate: $12.40 ... ·•
BLUE ROCK
L E G A L, P.A.
A PRIVATE LAW FilM
I'
VIA Fu l3QS.416-1925l and us Mail
Kenneth R,obertson
Director/ChiefProcureme1tt Officer
Ci1y ofMiami ~Department
444 S.W. 2dAvenue-6 Floor
Miami. FL 33130
Re: Kent Security Services
Dear Mr.' Robertson: . •.
MaJ:ch 1, 2012
DirectDial: (305)981-4300
Facsimile: (305)981-4304
fbern.y@hfgtrnrJrlrgal S9!J!
As your file will reflect, tb.Ul kw fim1 represen1S Kent Security Services, Jnc. Thank you for
your letter dated February 24, 2012. . . : . · · · · ·. .
You request in yom letter we "prove"' to the City of Miami that a number of individuals
ideDt:ified in your letter are "car.rently receiving a health benefit plan and were receiving a health
benefit plan durhJg calendar year 20ll.'l You also commented on that issue that the City "logically
presumes" that Kent Secutiey Services; Inc., is "choosing to pay 33 ~of1he 34 covered ~loyees
the lower wage rate [of$11.82 per hour] because they are actuallyrecei:\ii.ngahealtb. benefit plan."
. As a pieliminary matter, you -should be aware that none of Kent Secu:ri1Ts employees
· · · ··working on the City of:Miami c;ontract' are being paid$+ !:82 per hoUr. All of those employees are
being paid not less than $12AO per hoUr. YoUr: conim.emttbatK.eitt Security is .. choosing to pay 33
out of34 employees the_ lower wage rate" is incorrect ·
Your email to Jeny Tollefsen on July 18, 2011, was the first we learned of any eslablished
wage rates applicable to the City of Miami contract. You can review the dialogue t1ia:l: we bad
relating to the issues in yom letter, and otller issues that yoy raised subsequent to your first letter.
Kent Security's response has been consistent throughout-although we disagree that1hewagerates
that you described in your letter can be drawn with my degree 'of~ ~.the City's Living
Wage~ we agreed. to setthosewagerates~a~ thrdlold~thatpointforwatd.
Jill Kent Security empioyees woiking on the City of :Miami contract are being paid in
accoxdanCewith the wage rates in your letter of July, 2011. Kent Security also maintains a~
health insurance plan for its employees. Those employees worldng on the City of Miami contract
. .--....:..---·--.. ·----------..------· ..... ·------· ........ _ .. ____ ---·---· ... ·-·-
10800 BiSCilyne Boulevard I Suite 41 0 I Miami, FL 33161
· · · · · · · -www.bluerocklegal.c;om ---• -• ·
819
Ke!me1h Robertson
Maroh 1, 2012
~ and are each entitled to pal'f:i.ojpate at :no <:OSt for thell' ovvn coverage. After our last ·
correspondence with you on those issues, you asked that Kent Security "certify its payroll" going
:fOrward. Ko.ut Seoori:t.y'a ChiefBx.ecu:tive Officer, Gil Neuman, did so on NOYember 2, 2011.
The employees working on the City of Miami COlltract who bave ·aotually elected to
parti.cipate in Kent Sec.utity's healthinstmmceplan~Edgar Dixon, Delaneo Langott, Sanley Pierre,
and Ra:&el Gutierrez. KentSec'lliicy" bas retroacfively adjusted tb.e remainder ofits employees on 1D.e
City of Miami contract to $13.07 per hour ftom July 18, 2011, the day we received your initial
ooD'eSp(ltldence, even 1hough. each of "those employees is eligible to participate in Kent Security's
health :insurance plan but has elected not to do so.
On a separate butrelBted issue, we request that you consider email OO!l'eSpOildtmctbatyou
received :from Vivian Qlnng, Kent Security's Controller, onNovembm: 4, 2011, fourmmxths ago.
Thecmrespon.dence ~lated to your suggestion 'to Kant~~ Septembertbattlle~s bmrate
. be .. .:u .... ~ to . . ~'What ~as"an·iilOreasc. the uv~ ...... :w: . . Ms: /"11....;.;;.. ... • Jil&.l:l~~ ~ •• -you . ·-. . , m -"~ age ~ wf:ote to yo1,1 for approval tbi'diatupwara 8d}ustuie:D.t of20 cents per hom to the CitY's bill rate. To
date, neither Ms. cheurignor anyone else at Kent Security bas receivedaxesponse. The :net effect is
that the wage rate paid to employees was inoreaBed, bat the bill rate to the CitY ram.afued the same.
Kent Security has been priv.ilogcd 1o serve thecitizcms of the City ofMiami for tho past five
years. Kent Security and tbe City of Mi8Jirl are :now in the fifty i1i:nth month of a sixty month
contract. Please let us know if there are other issues that you perceive may need to be add:ressed :in ·
the b-rief remaining term. ·
Please clo 110thesitaieto Callifyo\1 wish to disct~SS any ofthe issues ad.dros,ed in this letter.
Sincerely,
--~----------------------------
820
Security contractor pays back wages to workers -03/30/20121 MiamiHerald.com Page 1 of2
lhtBliamiHetalb(D
Posted on Fri, Mar. 30, 2012
Security contractor pays back wages to workers
By Lidia Dinkova
Special to The Miami Herald
A security company has agreed to increase the pay of guards working on city contracts
after Miami officials investigated whether the company failed to comply with a "living wage"'
law.
The law sets minimum hourly rates for employees of city contradors while they are
working for the city.
Kent Security agreed in March to a retroactive pay hike after Miami's Purchasing
Department launched its second investigation into Kenfs payroll records. Based on those
records, for periods of 2011, the city sent Kent a letter indicating that 29 out of 34
employees working on city contracts appeared to be underpaid. The company also had
increased wages last year after a city investigation, according to the Purchasing
Department
For 2011, the minimum was $11.82 fbr workers receiving health insurance, or $13.07 for
workers without health insurance.
Twenty-eight of the underpaid employees-none of whom had requested or received a
health benefit plan from Kent-were getting $12.40 an hour, according to payroll recorcls
Kent provided to the Purchasing Department in November 2011. Another employee
without health insurance received $12.65 an hour, also an apparent violation. But four
employees who were getting health benefits .received $12.40 an hour, which is above the
minimum. One employee without health insurance was receiving $13.50, also above the
minimum.
The company said it offered free health insurance to all of these employees, but most
declined, and the company thought it was complying with the law.
'We have always considered ourselves compliant, and we have paid whatever the city
wanted us 'to pay," said a spokesman for the company Monday. 'We have always paid the
living-wage rate and, when the city has recast the formula, we have met th' city's
requirements every time."'
But a representative of a union trying to organize the guards said the company should be
punished .
.. Kent has ripped off both their employees and us as taxpayers in the city by pocketing the
money and ignoring the law, .. said Eric Brakken, director of the Florida chapter of the 32JB,
a branch of Service Employees International Union, which helped several guards file
complaints with the city.
821
Security contractor pays back wages to workers -03/3012012] MiamiHerald.com Page2of2
"So far the city hasn't sanctioned Kent." said Brakken. We are urging the city to do that.
The city should actually withhold payment to Kent and send that money back directly to the
workers they have taken advantage of. The city should really set an example by
demonstrating that this kind of activity is not going to be tolerated."
The city had the option of imposing fines of $500 per week per underpaid employee,
terminating Kent's. contract, suspending or terminating payment under the contract, or
declaring Kent ineligible for city contracts for three years or until Kent pays all penalties
and res-titutions.
This city's living wage is set each year in April to equal to 110 percent of the U.S.
Department of Health and Human Services' Poverty Guidelines for persons in households
offour. ·
Between Oct. 1, 2010, and March 19, 2012, the city has paid Kent $880,598.85 for
security services.
C 2012 Miami ,Herald Media Company. All Rights Reserved.
http:/twww.miamiherald.com
APPENDIXD
822
Delvat, Cristina
From:
Sent:
Jerry Tollefsen [jtollefs.en@kentsecurity.com)
Friday, April 06, 2012 9:55 Nit
To;
Cc:
De1vat, Cristina
Gil Neuman
Subject: Re: Union Bargaining Agreement
Hi Cristina,
We do not have a union bargaining agreement
From: Delvat, Cristina
cc: AQIIila, Raul ; carmen, Elizabeth ; walker, Patricia ; Echert, Georgie
sent: Wed Apr 04 09:31:54 2012 .
SUbject: UniOn .Bargaining Agreement
Good.moming,
The Evaluation Committee members of the RFP #23-11/12 for Security Guard Services would like to know if your
company has a union bargaining agreement. Please provide your answer for the record by Friday, April6, 2012.
Thank you,
MIAMI BEACH
~ Dalvat Contr.acf$ CQmp/flfTICII ~
PROCUREMENT DMSION
1'1'00 Convention Center Drive, Ulaml Beach, FL3S139
Tel: 305-673-7496/ fax; 786-394-40001 qlelval@mjamjbeac!Jf!.qoy
We 181\8 commllled to providing excellent pubfJc setVlce and .se/etly to aH who live. MIDik Slid phly In our vlbnmt.. trapk:aJ, historic community.
,A Think Green. Keep It on the screen.
823
Delvat. Cristina
From:
Sent:
Mcdonald, Taylor [Taylor.Mcdonald@allleclbarton.com]
Thursday, April 05, 2012 12:54 PM
To: Delvat, Cristina
Ce:
Subject:
Aguila, Raul; Damien, Elizabeth; Walker, Patricia; Echert, Georgie
RE: Union Bargaining Agreement
AllieciBarton is party to a National Framework Agreement with the SEIU that provides for a stable and constructive
relationship on a nationwide basis. Allied Barton is currently a signatory to twenty-one (21) collective bargaining
agreements with several different labor organizations. The majority of AlliedBarton's collective bargaining agreements are
with the SEIU.
Best Regards,
Taylor
Taylor Mdlonald I Director of Busbess Development
AllledBarton Sec:urlty Services
Mobile: 954.415.74191 Fax: 954.425.8275
tay!or.rna!onald@al!!edbarton.com I Alllec!Bartpn.com
h!tp;Jfwww.linl!!!djn,comllnl!ay!onnaJooa!d
Follow AllledBarton on: IIIII. ~
From: Delvat, Cristina Imanto:CDelvat@mlamibeachft.gov]
sent: Wednesday, April 04,2012 9:32AM .
CC: Aguila, Raul; Damien, Elizabeth; Walker, Pat:rida; Echert, Georgie
SUbject: Union Bargaining Agreement
Good morning,
The Evaluation Committee members of the RFP #23-11/12 for Security Guard Services would like to know if your
company has a union bargaining agreement Please provide your answer for the record by Friday, April 6, 2012.
Thank you,
MIAMIBEA.CH
Cdetlu Detvat Contracts Compliance Spec:lslist
PROCUREMENT DIVISION
1700 Convention Cenlsr Drive, Miami Beach. FL 33139
Tel: 3Q5.673-7<496/ Fax: 786-394-4000/ tde!vat!fllmjam!beachf!.aov
We n committed to providing fiiCcelent public service and safety to a1T' who live, WOlle and play in our vibnmt. tropical, llistolfc community.
~Think Green. Keep It on the screen. . ~
This IHllail iran6mlsslon and any documelli$. flies or previous Hllali messages 1iliat:hed io it. may be privileged and conrldeolial and ls lnl.endad only for !he use ·
of the inlanded recipient of this message. If you are not the Intended recipient. or a person responsible for detivering it to the inlended recipient. you are hereby
nolllled that lillY review. dlsclo6ure, retention. c:opylng, dissemination. dlstrlbuton or use of any of the Information conta:ned ln. or attach6d tolhla EHDBII
transmission is STRJCTI.Y PROHIBITED. If you havarecelvedlhlstransmlstlonlnerror, please lnmedlatelynoflfy me by return emailcrbytelephoneatthe
above l'lllltlber and delete the ~ and ils allllchmenlll
824
Delvat, Cristina
From:
Sent:
To:
Cc:
Subject
HeUo Cristina,
Bill A Murphy [billm@securltyalllancegroup.com]
Wednesday, April 04. 2012 9:47AM
Delvat, Cristina
AguHa, Raul; Damien, Elizabeth; Walker, Patricia; !:chert, Georgie
RE: Union Bargaining Agreement
Yes .••• Security Atliance did reach an agreement and sign a Collective Bargaining Agretm~ent with the SEIU Local 32BJ.
The 89f'SE!ment has been in place for about a year and a half.
If you need specifics or further details, please let me know.
thankyou -bill
William Murphy
Senior Vsce President
Security Alliance, LlC
(305) 670-6544
From: Oelvat, Olstina [mallto:CDelvat@mlamlbeachfl.gov]
.sent; Wed 4/4/2012 9:31 AM
Cc: Aguila, ~uli Damien, 8i:zabeth; Walker, Patricia; Echert, Georgie
SUbject: Union Bargaining Agreement
Good morning.
The Evaluation Committee members of the RFP #23-11/12 for Security Guard Se~ would ttke to know if your
company has a union bargaining agreement. Please provide your answer for the record by Friday, April 61 2012.
Thank you,
MIAMIBEACH
Cristi-Delvat Comn!cls Compliance Spttc1alist
PROCUREMENT DMSION
1700 Ccmventiori Center Drive, Miami Beach, FL3S139
Tel: 305-G73-74S6 I FJx; 7~/ c:delvat@miam!beacl!f!.gov
we • oommltt«< to provtdtng eKCeJ~tJnt public 8eiYic8 8/ld aete:ty to fill 11100 IMJ, work and p1ay tn our vibrant. tropics/, hiatorlc aomrmmJty.
p.fjThlak Green. Keep iton·the SCMel1.
825
Delvat, Cristina
From:
Sent:
Andres Correa [andres.correa@usa.g4s.com)
Wednesday, April 04, 20121:12 PM
To: Delvat, Cristina
Subject: RE: Union Bargaining Agreement
Good Afternoon Ms. Delvat,
We currently have a union bargaining agreement with the International Union, Security, Police, Fire Professional of
America (SPFPA) at the South Florida Regional Transportation Authority {SFRTA) in Broward County.
1 hope this answers the question. Please do not hesitate in calling me in the event that you need further clarification.
Sincerely,·
Andres Correa
Manager of Business Development
G4S Secure Solutions (USA) .Inc.
5820 Blue Lagoon Drive, Suite 300
Miami, FL 33126
Office: 305 266 2004
Mobile: 305 763 1170
Fax: 305 261 6511
Email: amires.correa@usa.g4s.cqm
www,a4s,com/us
From: Delvat, Cristina [mallto:CDelvat@miamlbeachfl.govj
Sent: Wednesday, April 04, 2012 9:32 AM
Cc: Aguila, Raul; Damien, Elizabeth; Walker, Patricia; Echert, Georgie
SUbject: Union Bargaining Agreement
Good morning,
The Evaluation Committee members ofthe RFP #23-U/12 for Security Guard Services would like to know if your
company has a union bargaining agreement. Please provide your answer for the record by Friday, April 6, 2012.
Thank you,
1
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