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Resolution 2025-33647 RESOLUTION NO. 2025-33647 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE PROFESSIONAL SERVICES AGREEMENTS WITH SFM SERVICES, INC.AS THE PRIMARY VENDOR AND CLEAN SPACE, INC. AS THE SECONDARY VENDOR PURSUANT TO REQUEST FOR PROPOSALS (RFP) 2024-032-WG JANITORIAL SERVICES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENTS; AND FURTHER, AUTHORIZING THE MONTH-TO-MONTH EXTENSION OF THE EXISTING AGREEMENTS UNTIL THE REPLACEMENT AGREEMENTS ARE EXECUTED. WHEREAS, on October 18, 2023, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) 2024-032-WG Janitorial Services; and WHEREAS, on February 2, 2024, the City received proposals from the following seven (7) firms: 305 Multiple Services, Inc.; Able Business Services, Inc.; American Facility Services, Inc.; Chi-Ada Corporation; Clean Space, Inc.; Dream Clean, Inc.; Encompass Onsite, LLC; Kleen Tech Services LLC; Owens, Renz & Lee Co., Inc.; SFM Services, Inc.; Star Building Services, Inc.; United Services, Inc.; and, Z&CJS, Inc.; and WHEREAS,the proposals submitted by 305 Multiple Services, Inc.,Able Business Services, Inc., Dream Clean, Inc., and Encompass Onsite, LLC failed to meet the requirements of the RFP and were deemed non-responsive and, therefore, received no further consideration; and WHEREAS, On February 24, 2024, the City Manager appointed an Evaluation Committee via LTC#065-2024. The Committee was comprised of Marcel Couso, Senior Parking Operations Manager, Parking Department; Jose Del Risco, Assistant Director, Parks and Recreation Department; and Elvis Santana, Facilities Zone Manager, Facilities and Fleet Management Department; and WHEREAS, the Evaluation Committee convened on March 6th and 7th, 2024, to consider the responsive proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government Sunshine Law, and general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP; and WHEREAS, the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 1st ranked —American Facility Services, Inc. 1st ranked — SFM Services, Inc. 3rd ranked — Clean Space, Inc. 3rd ranked — Owens, Renz & Lee Co., Inc. dba Owens Realty Services 5th ranked — United Services, Inc. 6th ranked — Kleen-Tech Services LLC 7th ranked —Star Building Services, Inc. 8th ranked —Z&CJS, Inc. 9th ranked —Chi-Ada Corporation; and WHEREAS, after reviewing the submissions, the Evaluation Committee's rankings, and commentary, the Administration recommended at the May 15, 2024 Commission Meeting via Item C2 E to enter into simultaneous negotiations with American Facility Services, Inc. and SFM Services, Inc. in order to break the tie; and WHEREAS,given the City's needs, it was also recommended, in addition to having a primary service provider, to have a secondary contractor awarded in the event of a performance or capacity issue with the primary contractor; and WHEREAS, Clean Space, Inc. and Owens, Renz & Lee., Inc. d/b/a Owens Realty Services were also deemed to be well qualified and were ranked third (tied) by the Evaluation Committee and should be considered if negotiations with the top-ranked proposers were not successful in order to establish a primary and/or secondary service provider, contingent upon the outcome of negotiations with the tied top-ranked proposers; and WHEREAS, upon receipt of the term sheet from the City, American Facility Services, Inc. ("AFS'), on July 29, 2024, stated that upon careful review of their budget they would be withdrawing their bid from consideration; and WHEREAS, nonetheless, the Administration has successfully negotiated the following material terms with SFM Services Inc. to serve as the primary contractor; and WHEREAS, following the conclusion of negotiations to establish the primary contractor, the Administration initiated discussions with Clean Space, Inc. and Owens, Renz & Lee, Inc. d/b/a Owens Realty Services. WHEREAS, Owens Realty Services submitted a letter to the City on April 16, 2025 withdrawing from consideration as secondary vendor. WHEREAS, based on the foregoing, the Administration has determined that Clean Space, Inc. should be selected as the secondary vendor. 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 approve, in substantial form, the professional services agreements with SFM Services, Inc. as the primary vendor and Clean Space, Inc. as the secondary vendor pursuant to Request for Proposals (RFP) 2024-032-WG for janitorial services; authorize the City Manager and City Clerk to execute the final professional services agreements; and further, authorize the month-to-month extension of the existing agreements until the replacement agreements are executed. LAN PASSED AND ADOPTED this of day of /••Ah_ 2025. ATTEST: j �' ^// -�/� MAY 2 7 2025 C,��,,.- e: L._ RAFAEL E. GRANADO, CITY CLERK STEVEN MEINER, MAYOR APPROVED AS TO FORM & LANGUAGE & f��R£jCUTION Slt lzozS City A rney ',k Date Procurement Requests -C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: May 21, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE PROFESSIONAL SERVICES AGREEMENTS WITH SFM SERVICES, INC.AS THE PRIMARY VENDOR AND CLEAN SPACE, INC. AS THE SECONDARY VENDOR PURSUANT TO REQUEST FOR PROPOSALS (RFP) 2024-032-WG JANITORIAL SERVICES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENTS; AND FURTHER, AUTHORIZING THE MONTH-TO-MONTH EXTENSION OF THE EXISTING AGREEMENT UNTIL THE REPLACEMENT AGREEMENT(S) ARE EXECUTED. (FACILITIES AND FLEET MANAGEMENT) RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") approve the Resolution. This solicitation is under the Cone of Silence. BACKGROUND/HISTORY The City maintains high cleanliness standards and requires professional janitorial services to provide cleaning and maintenance services for its various types of facilities. Janitorial services play a crucial role in maintaining a clean, safe, and hygienic environment for residents, employees, and visitors, and provide the following benefits: 1. Cleanliness and Hygiene: Janitorial services ensure that spaces are kept clean and sanitary. This includes cleaning floors, surfaces, restrooms, and other areas to prevent the spread of germs and maintain a healthy environment. 2. Health and Safety: Regular cleaning and maintenance help prevent accidents and injuries by keeping walkways clear of debris and ensuring that hazardous substances are properly handled and disposed of. 3. Preservation of Property: Janitorial services help protect the condition and longevity of a building and its fixtures by performing routine maintenance tasks, such as dusting, vacuuming, and cleaning, which can prevent wear and tear. 4. Improved Appearance: Clean and well-maintained spaces create a positive impression on residents, employees, and visitors. 5. Time and Cost Efficiency: Engaging professional janitorial services contractors can be more efficient and cost-effective than managing in-house cleaning staff, and it allows organizations to focus on their core operations while leaving the cleaning and maintenance to experts. 68 of 2719 6. Environmental Responsibility: The requirements for City janitorial services include environmentally friendly cleaning practices and products to reduce the environmental impact of their operations. This includes using eco-friendly cleaning agents and promoting recycling and waste reduction. 7. Flexibility: Janitorial services can be tailored to the unique needs and schedules of each facility and scheduled daily,weekly, monthly,or one-time cleaning services,depending on the requirements of each facility. Overall, the purpose of engaging a professional janitorial services contractor is to ensure that the City's physical spaces are clean, safe, and well-maintained; contribute to the health, comfort, and productivity of residents, employees, and visitors; and meet the City's cleanliness standards. On May 28, 2019, the City executed a three-year agreement with SFM Services, Inc. (SFM) for janitorial services, including two one-year renewal options. The agreement was set to expire on May 27, 2024. On October 18, 2023, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) 2024-032-WG Janitorial Services, which was issued on October 19, 2023. RFP responses were due and received on February 2, 2024, with the City receiving a total of 13 proposals. At the May 15, 2024, Commission Meeting, via Item C2 E (Attachment B), the Commission accepted the Administration's recommendation to enter into simultaneous negotiations with American Facility Services, Inc. and SFM Services, Inc. in order to break the tie and establish primary and secondary vendors. It was also recommended to have a secondary contractor in the event of performance or capacity issues with the primary. Additionally, Clean Space, Inc. and Owens, Renz & Lee., Inc. d/b/a Owens Realty Services, ranked third (tied) by the Evaluation Committee, were to be considered if negotiations with the top-ranked proposers were not successful in order to establish a primary and/or secondary service provider, contingent upon the outcome of negotiations with the tied top-ranked proposers. To ensure continuity of services, the Mayor and City Commission adopted Resolution No. 2024- 33057 on May 15, 2024, approving Amendment No. 6 to the SFM Agreement. This amendment, effective May 28, 2024, extended the agreement by six(6) months, through November 28, 2024, to allow time for negotiations for a replacement contract. Since negotiations were still ongoing on November 20, 2024, the Mayor and City Commission adopted Resolution No. 2024-33365, approving Amendment No. 7, which extended the Agreement until May 28, 2025, or upon the finalization and execution of a new agreement, whichever occurs first. As the agreement approaches expiration, this item also seeks to extend the same agreement on a month-to-month basis until the new agreement(s) are executed. ANALYSIS As directed by the Mayor and City Commission, the Administration has finalized negotiations for the janitorial service agreements. During the initial negotiations with SFM Services, Inc. and American Facility Services, Inc., the City requested additional information from both contractors in order to evaluate each contractor's capabilities, cost structures, and compliance with critical operational standards. During the negotiations,the Administration requested from each contractor a detailed term sheet that covered the negotiation points in the table below. These negotiation points were critical to securing favorable terms for the City while ensuring both legal compliance and high-quality service delivery. In addition to the term sheet, the Administration requested a Best and Final Offer (BAFO)from both contractors. 69 of 2719 Term Detail Detailed Cost Breakdown Contractors were required to itemize their cost proposals. detailing allocations for labor, materials, equipment, and staffing. This ' allowed the City to assess pricing fairness _ 1 and negotiate for value. _ _ , Staffing and Resource Allocation The City negotiated for clear staffing plans i that align with service demands and facility needs, ensuring adequate personnel _ ' coverage. _ _ Service Frequencies Contractors were asked to commit to defined service frequency schedules for all facilities within each service zone, allowing for 1• _ I performance tracking and enforcement. Materials and Equipment Used As part of negotiations, contractors had to disclose inventory lists of supplies and equipment (including MSDS documentation), ensuring readiness and regulatory • compliance at all service locations. ' Safety Requirements Contractors were required to provide SDS documentation and safety literature for all I substances used, reinforcing the City's 1 commitment to a safe work environment. Scale and Capacity The City requested assurances of the i contractors' ability to scale staffing and services based on facility demand, protecting 1' l against underperformance. • Response to Emergency and Unexpected I Contractors were required to contingency plans and capacity toe respond to 1 monstrate • Situations urgent situations, such as spills or inclement I I weather, ensuring service continuity. ( Training and Supervis — ion As part of compliance negotiations, contractors submitted training plans aligned with the RFP to ensure personnel readiness i _ ' and service quality. I Employee Background Checks j The City negotiated strict background check timelines, requiring all employees to be vetted within 60 days of contract execution, at the • contractor's expense. _ L — — —� Contractors were asked to provide a sample Quality Control i Quality Control Plan, creating a framework for Qerformance evaluation and accountability Living Wage Requirements 1 The City reinforced its position on fair labor practices by requiring contractors to outline compliance with the City's Living Wage i Ordinance (Sec. 2-408). Upon receipt of the term sheet and BAFO request from the City, American Facility Services, Inc. ("AFS") informed the Administration on July 29. 2024, that after a careful review of their budget. they would be withdrawing their bid from consideration. Nonetheless, the Administration successfully negotiated the key material terms above with SFM Services Inc. to serve as the primary contractor. During the negotiation process, the Administration conducted a thorough review of the services outlined in the Request for Proposal (RFP), making adjustments to the frequency of services on a location-by-location basis. This comprehensive review led to a revision of 40 out of the 83 locations, ensuring that service 70 of 2719 frequencies were more closely aligned with the anticipated service standards and operational needs. As part of the negotiation process, additional and more frequent services were added to the scope. City staff conducted a thorough cost analysis comparing the original pricing submitted by SFM Services, Inc. with the revised pricing submitted during the Best and Final Offer (BAFO) phase. The analysis revealed that SFM's original bid of $4,415,939.88 increased to $4,469,159.88, representing a net increase of only approximately 1.21%. Furthermore, as the incumbent, SFM Services Inc. is uniquely positioned to facilitate a smooth and efficient transition into the new contract, leveraging its existing knowledge and familiarity with the scope of work. SFM Services, Inc., is a local, minority-certified, family-owned business headquartered approximately 30 minutes away from Miami Beach in the Town of Medley. Presently. SFM Services, Inc. provides janitorial services to over 8 million square feet throughout South Florida. SFM Services, Inc. offers government buildings, municipalities, medical facilities, and commercial businesses the necessary services to maintain a clean and safe environment for their business community and residents. SFM Services, Inc. has the vast experience, talent, and practices of a large firm but the service and area knowledge of a local company dedicated to its clients' needs. SFM Services, Inc. has a proven performance history of serving over 20 municipalities and many large commercial properties spanning from Monroe to Palm Beach County. Some of its clients include the City of Miami Beach, Miami Dade County Aviation, the City of Coral Gables, Broward Health, and Baptist Health South Florida. The City received positive feedback from previous references. Since 2019, the City has been satisfied with SFM Services, Inc.'s performance as the incumbent. SFM Services. Inc. has demonstrated flexibility in tailoring its services to meet the specific needs and preferences of the City, and its familiarity with City facilities would enable them to adapt quickly to any changes or special requirements that arise. On February 24, 2025, following the conclusion of negotiations to establish the primary contractor, the Administration initiated discussions with Clean Space, Inc. and Owens, Renz& Lee, Inc. d/b/a Owens Realty Services ("Owens Realty"). These vendors, tied as third-ranked proposers, were to be considered in the event that negotiations with higher-ranked firms did not result in the selection of a secondary service provider. This effort became particularly crucial after the City learned it would no longer have a secondary contractor due to AFS's withdrawal from the negotiation process. The Administration requested a BAFO from both Clean Space, Inc. and Owens Realty to identify a potential secondary vendor. However, on April 16, 2025, Owens Realty submitted a letter withdrawing from consideration as a secondary vendor because it did not align with their"current direction." Consequently, the City will proceed with Clean Space, Inc. as the secondary vendor. Clean Space, Inc. ("Clean Space") has proudly served the Florida region since 2011. Clean Space's team boasts three decades' combined experience in the commercial cleaning industry. Clean Space has earned a well-deserved reputation in the janitorial sector for its professionalism, extensive industry knowledge, exceptional courtesy, swift responses times, and unwavering reliability. Its mission statement is "To empower employees to deliver clean spaces that positively impact businesses and communities." Clean Space has provided services throughout the South Florida region, including to Martin County, Indian River County, and the City of Boynton Beach, FL. References provided for Clean Space have provided positive feedback. FISCAL IMPACT STATEMENT Funding for janitorial services Citywide is subject to the approval of funds through the City's annual budgeting process. Over the past three (3) fiscal years, expenditures for these services have averaged approximately $3.7 million annually. 71 of 2719 As part of the negotiation process. and even though additional and more frequent services were added, City staff conducted a thorough cost analysis comparing the original pricing submitted by SFM Services, Inc. with the revised pricing submitted during the Best and Final Offer (BAFO) phase. The analysis revealed that SFM's original bid of $4,415,939.88 increased to $4 469,159.88. representing a net increase of only approximately 1.21°/. This increase in overall contract value is attributed to the addition and increased frequency of services aimed at enhancing the cleanliness of the City, including: • Expanded janitorial service levels at City parking garages • Introduction of weekend coverage at key facilities to maintain cleanliness and accessibility • Deployment of dedicated porters at high-volume locations to ensure consistent upkeep throughout the day such as beachfront bathrooms • Increased cleaning frequencies, such as janitorial services every three hours in high-traffic public areas, including but not limited to beach restrooms • Additional frequencies during City-hosted special events These negotiated improvements are expected to enhance the quality, reliability, and responsiveness of janitorial services across City facilities, aligning with the Administration's goals for higher service standards and improved resident and visitor experience. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: httpsalwww.miamibeachfl.gov/city-halllcity-clerklmeetinq-notices/ FINANCIAL INFORMATION I - --- J FY 2025 Anticipated Annualized Cost . '520-1720-000325-34-413-592-00-00-00 JAI,980,000.00 _ _— .. 520-1720-000342-34-413-592-00-00-00 $15.000.00 — i 427-0427-000325-29-413-517-00-00-00 $7,600.00 _ 425-0410-000325-29-413-513-00-00-00 $7,600.00 _ L425-0420-000325-29-413-513-00-00-00 $10,000.00 120-6230-000342-34-404-537-00-00-00 4 $4,000.00 _ — I 119-6231-000325-34-401-508-00-00-00 $1,500.00_ _ i 110-6232-000325-34-401-508-00-00-00 $1,500.00._ _ _ - - 011-6233-000325-34-401-508-00-00-00 $1,500.00 - 142-6976-000325-27-413-526-00-00-00 $60,000.00 _ 463-1990-000325-27 413-526 00-00-00 _ $62,000.00 _ _ _ ___ — 467-1996-000325-27-413-526-00-00-00 _ $56,000.00 - i • 468-1998-000325-27-413-526-00-00-00 $58,000.00 480-0463-000325-27-413.526-00=00-00 4 $404 000.00 _ -_ , 510-1780-00032534-413-592_-00-00-00 _ $22,430.52 _ _._ _ 1435-0430-000325-29-413-511-00-00-00 _ $38.00000 011-1240-000325-19-401-598-00-00-00 $28,200.00 - 011-0950-000325-28-406-545-00-00-00 $756,000.00 $3,513,330.52 _ '. 72 of 2719 CONCLUSION Based on the foregoing, it is recommended that the Mayor and City Commission adopt the Resolution, approving, in substantial form, the professional services agreements with SFM Services, Inc., as the primary vendor, and Clean Space, Inc., as the secondary vendor. pursuant to Request for Proposal (RFP) 2024-032-WG for janitorial services. The Resolution also authorizes the City Manager and City Clerk to execute the final professional services agreements. Further, the Resolution authorizes the month-to-month extension of the existing agreement until the replacement agreement(s) are executed. Applicable Area Citywide Is this a "Residents Right to Know" item Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Proiect? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s). Department Procurement Sponsor(sj Co-sponsor(sl Condensed Title Approve Professional Services Agreements (RFP 2024-032-WG), Janitorial Services. FFIPR Previous Action (For City Clerk Use Only' 73 of 2719 74 of 2719 M AM BEACH City of Miami Beach nnte .isr a Irr£. "therm Pei r ,r 1,5 CUNLIISsiON NCIAO'4AN'D'M TD. H Ete Mates Meter Merle aridMen t - II C Lanits ., 1-R:5M RK.le A'All . !menetClv manager ca,,,) DATE. eUas 15 '5 4 SU5aECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (REP) 2024-032-WG JANITORIAL SERVICES.AUTHORIZING THE ADMINISTRATION TO T R INTO NTO SIMULTANEOUS NEGOTIATIONS WITH AMERICAN FACILITY SERVICES,TEN SERVICES, INC.. THE TIED TOP RANKED PROPOSERS IN ORDER TO ESTABLISH A PRIMARY AND SECONDARY SERVICE PROVIDER. AND. IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH AMERICAN FACILITY SERVICES, INC. ANDIOR SFM SERVICES, INC., AUTHORIZING THE ADMINISTRATION TO ENTER TO SIMULTANEOUS NEGOTIATIONS WITH CLEAN SPACE, INC_ AND OWENS, RENZ&LEE CO.INC.,THE TIED THIRD RANKED PROPOSERS.IN ORDER TO ESTABLISH A PRIMARY ANDIOR SECONDARY SERVICE PROVIDER, CONTINGENT UPON THE OUTCOME OF NEGOTIATIONS WITH THE TIED TOP RANKED PROPOSERS, AND FURTHER REQUIRING NEGOTIATED SUBJECT TO THEPRIOR APPROVAL OF THE MAYOR AND CITY COMM COMMISSION BE ON RECOMMENDATION sla 'sat Mayer andG of yfchars Tt 1 ar f 6 ., ' a -AdMin a !� t od egP ate T.. - O J t Sc o N 9 Sse ' sr n'tar .^eyA. 1 r se 1 1 ,I' t y , prey d. InI us L a P Anrt la ' ill n. o I cee I I H can 1 ,I.c Ao ,Ira.c.. 1 angel 11 b e :I y aM o sun 1 Corrank et a lol e L . J J ry I c - 1 5 the t of tne Hegel w I sfihe sJ hiert v nee, a F alt. al IOe H ul 1 CIt '1 thel a, negotiated e9me^'e le- p � e .al J'the 1.1a1m asJ O.II. rn m=,o 1. BACKGROUND/HISTORY In 15h alf as' ass, Man 1arcs and ems i 1 mr,tons ear. .3 'I fe 5nd 1,4 yeri I r.nm lmr, -I,, p H Jar — v 1,1 , tor I e,. 75 of 2719 l d a tf term. t ` e lases o y �I Appe t l(:r a_. r ai Rll r i.afr a Pc F o. _ rfe.. e Mar 9 c Y eapr,G 1 nlal R e I: . t m a Iv'r' 1 'IYahl sche" I I, r, Cy)r --. 3 _ )R b2J fP0 iwp l ir::it>:1_aJ`(e 01 La. G. a pine 3a S v Pr.1 J na' a = e that r. p Y 4capa s !e ar_ :..iYi 1'y •f rr CTp.9, s. . . an 'h- I L. I. .SS a.0.al r RrR ,arr , . 2 auR ANALYSIS LY LR. 21 2 Jni aDrjr thr s.. . f. F 2CQ4- _ Pe . aiSi 0 l R .. Ri ims t p..ar:i L al rn t o r.G t _ r M1 hR _ _ arJ ,a R V t eS alnC 76 of 2719 SW(A err S Inc. Uri ZAGS In, Toe rurorale srcm II d } SL Multiple Ser. ler Ablu SrnecurI E yen n Cie: I .. E. :O _ t!. .l he i to- RCP . , _ Permed norv,rr.ms,e and u,e :e received Isi1h Cr d elion� On Retrud 24 2024 ( I Mere-et ' C - .e T BS- p .w re 1hr. '.l.se or nmr.:ter .^,. 1 M c d' au 2024r .ln... ',he enr C J ,F h. r I r.5 : II D'r o k o Rep 1 a, Park J s h ! t J Rls (. t r F e to luy ono Re< I Parvnr I J.,. I a I_ w r Aa atter F. II a J�FIJv: IASnagern .Del JR:bnl. The C vtluu sus provided ry :h_ , I Y. e r F la (btu Loretee yuay ord and Ire ,r r e sr e .ry r Pt COOL e P also pm Jai s l ;n , r Co cstru r d rue rarI_., 1 o a .am I Ic hq .. estahl sued in the 4FF. died n e y 6 'CT e r the B... . .niLLee the brInAir I r:Sue Att,9ChelertFFI. keJe -SFM SF FAl Sen F,Ulil]•SPrare3 '' _ t'- Iac ,Sp ds. I^e e x -CI r -Ovens R z5,c "han.n.� 4 ti se-aces nuked- med yen'ces he xed K een Tech Serire;-LC ' ;rrketl Star Budd r,G Scr.dos r I)' r.mred . h A In- bur: y' s! cm- .rJ Corp pren„n EttdirintJn(son eitteelsu'ted in J' c'iySa i. and SFr S .s 9 t [ e e F bps I I e e ptrial se tp t k ac I h rid h l "he. clanpro a by As a F t r Se s. Oda: depth II t l eIl r(w by it , Idh t L e procedures1 IPgr Its uctadur .;ter d rL t Arc: t S eni o 1 - I e r(rPI t .iM1 ca'i � epo I rg rat.�1 es f creeds [ t r ON, e e r he v,lee of the.21^I+g oTered to nIs empl[yces The F IJ9 en entitte roux:thnto d lye sear 5FM necOCecL tI r 3Prtunn . `theCl o 'Atop pydyt :seine fa a kgobi'Z1 .vt t,•, F,.S ra. eh ta.c4e pt _ td s t OAICat0C J w r 4 +a I tl e eplh p - k r' y. rl , el It n.. IP Al uJ lhlr] SFr 77 of 2719 CS rho S:.ti.P rt!IseCajroYy iFLi Lee r on'y sL t ill' P Srs TheS,:Ai 1,1C Scvt camps S aL,' t'pcc, hcc, s Itc th rsc thc SEM Se-. .h ier- hors ,, cle rn ins 'CS. rri .a all:: r-^ I 'ay :31 s 4ss. Hs roc}to,rain Count, Scmei r= Se ices Inc at °sr.se, Is- to Freak to or,h eshac F Ary ,r the Pr S'S'S'r FISCAL IMPACT STATEMENT 78 of 2719 Bases! ' n-sa 1 t Red vy M er can Fai ben and ohNI .. the k df re 4 51.5 nestorntet1 rool analysts to deterni tie altethec,he t was in the 5 s 1 The el.sis npatted the costs subrialtetl under h RFP to Braila. e Terns c t orttrael n Tata '-as Ccr, deterrn neatNd:Arneocas Ca31133, Scraces Inc presided a tote' t t at r I the cam 5 cast act Alte 1 Y SF: Sur pesaded a total eestthal was&as about 3":Increase:smeared to the - nt contract Thtt C s 'r Price Index 2561 change the t ar-8 Aas an lad n May 2:19 is a[lpiLaeamlely 22 Aoseatitigly.the nreptssecl ra .mesh less that thehistorical in cr since the"i t o a c contract e Financial Information AArm,.nts'Azatnunts 52:. 177n I O32' 31-1 92 3yt0 f0 51 980D00.10I 520 r 123 000342-14-4').592-09-00-00 i 615.J'JO CO: 427-0427 500326-25-a 12S'7-00-00-PO:S 1000 00: 42b 0410-000325-29-4'3-513-10-00-0019 Frail 425 0120 0 T 032h-29 118 513 00'.a-00 $101:1:1]00: 12: 120 01203421444 537 00 DOno SJ 0000or 119 231 001)31 -13 40 06 C 90 51 50000' 1Io-6232-000325-31 40'-508 36-00 CC S' 500.00: III 6233 000325 34-401 605-00-00-4 C SI 550 0ot 142-0929-000325-27<15525-00-00-00:566.00000 465 199.5 000335--5/-41t-516-00.L0-on 1562000 00' 167-1 9 0 6-0 0 0 3 20-2(-115 526-00 40 001556030 00: 465 5 6 90325-2I 11J 5e5 Je 9-'.r $5✓<oft thin 480 0103 0332h-27 41 526 40-00 0 ($404 rn6 00t 51C 780-00032T 3541,-5920F00.CC S22430 e2 435 0430-000325-29-11.3.01-30-00-00 1530..000 00. 0I I-1240-000320-1c.401 308-15 00-0n 15b8 10 50 illl t 116A?S2340f 545rC3010‘55.83.000 OV. F1 2 2 Ind n9 is sTtaest to R 2029 h dget Toposysaithri. CONCLUSION Based the foregoing ,e, thed .rat .ndstto rl - I C c the Hooh.. . roll ale Al t toe t I� e 4 Ions aW e ync. thed -0 locked vntd h American y ll 1 Inc1SPA s vets t F r9 . -r presider theI n Bs Fr I I theRrmb� a tro 2esAdrian rat tc si 1 kd l.. successful rop ., both C'a Lacy Inc. n,, a nR a< 8 the j1scier on ranked t 0 e I. 9 .a d hndn • F `co I1 r-�L theed top om s.Fs• a k Ste"Ate9ar n reatmes taticon.re o•a : lore- t .lte. qr 4 win, r cnv Gerrnr issmn. LOBBYIST DISCLOSURE 13 1 r ro110a 1 la:sn,r has Leen Gn,,;id:•d oy+ea.. us. also 79 of 2719 •c b"No. 80 of 2719 81 of 2719 (onira,I No. 241 1'_-PI PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SFM SERVICES, INC FOR JANITORIAL SERVICES PURSUANT TO RFP-2024-032-WG This Professional Services Agreement ("Agreement") is entered into this ("E ffective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and SFM SERVICES, INC.. a Florida Corporation whose address is 7500 NW 74'h Avenue, Medley FL 33166 ("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Managers Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Facilities and Fleet Management Department Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP, No. 2024- 032-WG for JANITORIAL SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement RFP, and the Contractor's proposal in response thereto ("Proposal"), "Pp sal ), all of which, that are hereby incorporated and made a part hereof, pro in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP, and the Proposal. 1 82 of 2719 Contract No. 23-032-01 Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 26724; and fax number (305) 673-7529. SECTION 2 SCOPE OF SERVICES 2.1 Contractor shall serve as the Prime service provider for all zones. In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Exhibit"A" hereto (the "Services"). All Services provided by the Contractor shall be performed in accordance with the terms and e arre dany questionsitions set forth )n Exhibit regardingpthend to the Servicesr tos bee performed,lsatisfaction Contractor ty shouldager.contaf tere cth the following person: Elizabeth Miro. Interim Director Facilities and Fleet Management Department 1833 Bay Road, 2"d Floor Miami Beach, FL 33139 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit "A" hereto. SECTION 3 TERM The term of this Agreement ("Term') shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of three (3) years with one (1) two-year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Contractor with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be compensated in accordance with the cost proposal attached hereto as Exhibit"B" 2 83 of 2719 Contract No. 24-1)32-III 4.2 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable: Pavables@miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants. agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion. shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions. including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED 3 84 of 2719 Contract No. 24-03 2-01 FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including. but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors. omissions or other wrongful conduct of the Contractor, its officers, employees, agents. contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses. and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees. agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS 6.3 The Contractor shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. 4 85 of 2719 Contract No. 24-012-0I A. Workers Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis. including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $300,000 per occurrence. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles. with limit no less than $300,000 combined per accident for bodily injury and property damage. 6.4 Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's insurance. 6.5 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation - Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers - Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage - Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractors obligation to provide them. The City reserves the right to require complete. certified copies of all required insurance policies, including endorsements, required by these specifications. at any time. 5 86 of 2719 Contract No. 24-01'-01 CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach fa riskworks.com 6.9 Special Risks or Circumstances - The City of Miami Beach reserves theright to modify these requirements, including limits. based on the nature of the risk, priorexperience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. 6 87 of 2719 Contract Ni. ]J-03]-n1 SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT', AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager. excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment. deem necessary, there shall be made available to the City Manager. and/or such representatives as the City Manager may deem to act on the City s behalf, to audit, examine. and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the Notices" section of this Agreement. 7 88 of 2719 Contract No. 24-032-01 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 8 89 of 2719 C ontres No. 24 0 2-01 (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 Agreement, for examination, audit, or reproduction. until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement 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 Agreement. (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. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign. or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068. Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shall not exclude from participation in. deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex. intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, 9 90 of 2719 Contract No. 11-o 2-01 ancestry, height, weight. domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time: both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from lime to time. (B) The term `public records'. shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs. films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of`Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information 10 91 of 2719 Contract Ao. 13-I13`-U I technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement'. and/or (3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is fled against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys' fees, if: a The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a MIAMIBEACHFL.GOV PHONE: 305-673-7411 11 92 of 2719 onlract Ao. 24-0 2-01 10.8 FORCE MAJEURE (A) A "Force Majeure' event is an event that (i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event, Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot. fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section: however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence. the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without 12 93 of 2719 Contract \n_24-U 1'--0 I regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date. by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section. Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subconsultant performing work or providing services pursuant to the Agreement 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 subconsultant during the contract Term. If Contractor enters into a contract with an approved subconsultant, the subconsultant must provide the Contractor with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Contractor otherwise complied with such subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subconsultant. Contractor's failure to terminate a subconsultant shall be an event of default under this Agreement. entitling City to terminate the Contractors contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. 13 94 of 2719 ( unmrel Ao. 1-0 2-01 10.10 CONTRACTOR'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS Contractor agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Certification of Compliance with Anti-Human Trafficking Laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit "D". 10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT Consultant warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Consultant hereby certifies that Consultant is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE Consultant warrants and represents that, within two (2)years after the Effective Date. Consultant has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-311 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 311 of the City Code shall not apply to the following: (a) Any individual or entity that provides goods to a candidate for office. (b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. (c) Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern: (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its 14 95 of 2719 Contract No 224-032-01 principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1)(c), Florida Statutes. as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro. or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1. 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Consultant to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit "E". SECTION 11 NOTICES Until changed by notice, in writing, ail such notices and communications shall be addressed as follows: TO CONSULTANT: Christian Infante SFM Services, Inc. 7500 NW 74 Avenue Medley, FL 33166 Ph: 305-5259442 Email: cinfante@sfmservices.com TO CITY: Elizabeth Miro, Interim Director Facilities & Fleet Management Department 1833 Bay Road 2"" floor Miami FL, 33139 Ph: 305-673-7000 ext. 22925 Email: elizabethmiro@miamibeachfl goy All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand-delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address to which notice would otherwise be sent unless other delivery instructions as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt or, in all other cases, on the date of receipt or refusal. 15 96 of 2719 Contract No. 24-0¢2-01 SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein. and there are no commitments. agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 97 of 2719 Corm-act No. 24-O$ -01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY. CITY OF MIAMI BEACH, FLORIDA ATTEST By: Rafael E. Granado, City Clerk Eric Carpenter, City Manager Date: FOR CONSULTANT: SFM SERVICES, INC. By: Print Name and Title Date. 17 98 of 2719 Contract Ao. 24-U32-01 EXHIBIT A SCOPE OF SERVICES Scope of Work. The Contractor shall be fully responsible for providing customer service. quality control and all other services listed herein. The Contractor will determine, in accordance to the minimum requirements of the contract, the manner in which services are to be performed by Zone and location, allocation of labor hours needed to perform the task(s), cleaning methods and required supplies, materials and equipment, in order to successfully complete the required work. During evening services. lights shall be turned off as areas are completed, except in the immediate area where work is being performed The City of Miami Beach reserves the right to adjust work hours to serve the specific needs of the facility. When a City-observed holiday falls on a regularly scheduled service day, and the City facility is not accessible to the Contractor, the Contractor shall perform the regularly scheduled services on the next workday following the holiday closure. Exceptions will require arrangements with the City's Facilities and Fleet Management Director, or designee. Specifications. The Contractor shall, at a minimum, provide the City with janitorial and related services in accordance with the following standards and frequency expectations: A3.01 SCHEDULE OF JANITORIAL SERVICES - OFFICES, WORKSPACES, LOUNGES, LOBBIES, ENTRANCES, COMMON AREAS, HALLWAYS, EXTERIORS, CORRIDORS At Each Visit 1. Empty wastebaskets, trash cans. and recycling bins in dedicated containers. 2. Replace bag liner if ripped, soiled or wet for wastebasket and trashcans (Recycling bins should not have liners), 3. Dispose of all collected refuse to an outside dumpster. 4. Empty recycle containers and deposit material into dedicated, outside recycling collection container. 5. Empty and clean all exterior ashtrays and cigarette receptacles. 6 Clean all table and counter surfaces not having paper or materials stored on them 7. Dispose of any cardboard packing or discarded materials or items left for removal to outside dumpster 8. Clean any area or item that obviously needs immediate attention due to incidental spills, leaks or debris. 9. Clean all glass main entry doors. 10. Sweep and damp mop all hard flooring (including elevators and stone surfaced flooring; spot clean any dirt or stains with appropriate cleaners and solvents as needed to maintain an acceptable appearance.) 11. Vacuum all carpeted areas, including walk-off mats. entrance mats, and rugs. 12. Refill hand towel dispensers in restrooms with an adequate amount of hand towels to maintain proper dispensing. 13. Clean and sanitize drinking fountains. 14. Sweep clean all landings and stairwells. 18 99 of 2719 C untrue No. 24-03_2-e I 15. Spot clean any obvious stains or spills in carpeted areas with appropriate/approved cleaner(s). 16. Clean all doors (including glass doors) and frames. sweep mats, remove spider webs, remove gum 17. All glass and metal surfaces of facility entrance/exit doors and lobbies interior and exterior shall be cleaned. 18. Dust all wall hangings and decorative light fixtures. 19. Wooden surfaces shall be maintained with a City approved polish. Every effort must be made so no rings. spills. or noticeable dust is visible. 20. Clean and/or polish tables, benches, and chairs. Wet cleaning may be required with germicidal cleaner. 21. Spot clean light switches and walls when visibly soiled. 22. Collect and dispose of debris and litter in parking areas, sidewalks, and breezeways. 23. Monitor exterior trash receptacles, removing trash as needed, and replacing liners. Weekly 1. Polish furniture. 2. Clean and polish all table and counter surfaces which are free of material. 3. Wipe down all interior window frames, and sills with damp cloth. 4 Clean all non-glass doors and door frames 5. Wipe down all shelving with damp cloth. 6. Vacuum all fabric covered furniture and partitions 7. Wipe down elevator walls, polish interior cab with all-purpose cleaning spray or furniture polish. B. Clean all elevator hand railings and metallic wall panels with stainless steel cleaner/polish. 9 All first-floor exterior windows shall be cleaned as needed. Bi-Weekly 1. Clean all blinds, wall plates,door hardware and stairwell railings. Monthly 1. Dust and clean all air conditioning register and air return vents. 2. Clean all vinyl furniture including workstations with vinyl cleaner. 3. Scrub. rinse, spray buff and wax hard floors (excluding stone surfaced flooring, utilizing proper floor care machinery). 4. Wipe down all walls and clean any spider webs from corners or ceilings. 5 Clean interior window glass. 6 Clean baseboards. 7. Detail clean all horizontal or vertical surfaces so that no visible dirt, dust, cobwebs, or streaks are visible, including all furniture. edges, corners, baseboards. walls, air vents, and door frames (high and low dusting, etc.) from floor to ceiling. Include all custodial closets. stairwells. entrance areas, and planters, and any other item or area within the scope of this Contract. B. Telephones must be cleaned using a germicidal cleaner disinfectant. Quarterly 1. Scrub and recoat hard floors (excluding stone-surfaced flooring, utilizing proper floor care machinery. (This service is to be provided within fifteen days of the start-up of the contract or trial period and performed quarterly thereafter) 19 100 of 2719 Contract No. 24-031-UI Semi-Annually 1. Strip and wax hard Floors, 3-coat minimum, where appropriate (excluding stone surfaced Flooring, utilizing proper floor care machinery. (This service is to be provided within fifteen days of start-up of the contract or Vial period and performed quarterly thereafter). 2. Vacuum fabric partitions throughout the City facilities. Annually 1. Clean all blinds. Cleaning shall occur at the same time interior window surfaces are cleaned. 2. After cleaning, all blinds shall operate properly and contain no visible streaks, smears or dust. 3 Vertical blinds maybe cleaned in place using chemicals designed for vinyl cleaning. Carpet Spot Cleaning 1. Spot cleaning will be performed utilizing extraction method. 2. Carpet will be free of any dirt, dust, lint, stain or foreign matter as determined by the Contract Manager, Facility Manager or designee. 3. Cleaning procedures and chemicals shall be used in accordance with manufacturers recommendations and warranty conditions. 4. Spot dean any spotted and stained areas, as needed or as requested. 5. When spot cleaned, affected carpet areas shall blend with adjacent areas. 6. Leave no dirt on carpets. in corners, near baseboards. behind doors, or under any furniture. 7. Wipe baseboards in carpeted areas free of dust Day Porters The Contractor(s), in addition to standard janitorial services, contractor shall provide porter services at the locations outlined for porter services that are stated on Appendix Dand shall meet or exceed the following requirements: 1. Maintain entrances and lobbies, (including parking garage) windows, doors, and dusting. 2. Maintain cleanliness of water fountains. 3. Complete reslroom service: minimum once for a 4-hour shift and twice for an 8-hour shift, and as needed throughout the day. Restock and empty trash as needed. 4. Dust all interior signage including lobby and common areas. 5. Kitchenettes: Empty trash, dust windowsills, wipe down exterior and interior of cabinets. wiping down counter and sink areas. 6. Maintain custodial storage areas, keeping active inventory of supplies and all custodial closets clean and neat. 7 Facility exterior cleaning: Check all entrances and parking garages for paper and trash, empty all trash and smoking containers. 8 Report any maintenance items needing repair in the via email to City's Zone Manager. 9 Report any custodial issues arising from tenants to the City's Zone Manager via email to the City's Zone Manager. 20 101 of 2719 ConiraCI Ao.74-032-IUI 10. Remove recyclable waste if needed. 11. Assist vacuuming office areas and spot cleaning as needed. 12. Day custodians shall provide ongoing service for entrances, common areas, restrooms, emergency spill removal from carpets and hard flooring, rainy day safety precautions (put out mats. signs and keep floors mopped dry), and other cleaning-related duties. 13. The Citys Zone Manager will have authority to direct the day porters to perform special cleaning duties between the hours of 8:00 a.m. and 5:00 p.m. A3.02 SCHEDULE OF SERVICES— RESTROOMS At Each Visit 1. Clean all mirrors. 2. Replenish soap, toilet tissue and hand towels. 3. Sweep, mop with disinfectant cleaner and rinse bathroom floors. 4. Clean urinals and commodes (inside and out). 5. Check deodorizer block and replace if necessary. 6 Wipe down all partitions. 7 Clean and disinfect water basins and counter tops. 8. Empty and clean all waste receptacles, replace liners if necessary. 9 Polish all chrome and stainless steel. 10. Clean baby changing stations in conjunction with daily restroom cleaning schedules. 11. Refill hygiene products where applicable. Weekly 1. Clean all doors, including entry doors, metal kick plates. door handles or push plates. 2 Clean all interior window glass, frames and sills. 3. Clean showers (if applicable). 4. Clean locker tops (if applicable). 5. Wipe clean (with tile cleaner) all tiled wall areas. Monthly 1. Dust and clean all air conditioning registers and air return vents. Quarterly 1. Scrub and rinse all tile surfaces with a non-toxic tile cleaner. 2. Detail clean all restroom floors and grout to a clean and uniform appearance, machine scrub floors, and entirely clean walls and doors 100% by the end of the first quarter of the Contract and no less than quarterly thereafter. A3.03 SCHEDULE OF SERVICES - KITCHENS AND BREAK ROOMS At Each Visit 1. Clean all counter space. 21 102 of 2719 C cmrnct Vo. 24-U32-OI 2. Sweep floors. 3. Wet mop floors. 4. Wipe clean all appliances. 5. Clean and disinfect sink. 6. Refill hand towel dispensers. 7. Remove all trash and recyclables. B. Replace liners, as needed. Quarterly 1. Scrub and rinse all tile surfaces with a non-toxic tile cleaner. Annually 1. Strip and wax hard floors, with a 3-coat minimum wax application method. A3.04 SCHEDULE OF SERVICES- PARKING GARAGES At Each Visit 1. Collect and dispose of debris and litter in parking areas, ramps, decks, sidewalks, and breezeways. 2. Monitor exterior trash and recycling receptacles, removing trash as needed, and replacing liners, while maintaining all recyclable material separate from trash to avoid contamination. 3. Monitoring of public areas in all garages, between the daily cleaning requirements, is required. 4. Elevators, entrance and exit doors, stairwells (including handrails, steps, landings and lights), parking decks, all must remain free of trash, dust, dirt, litter, fluids, and odors. 5. Garbage cans in the public areas should always be cleaned and able to except additional trash. 6. Floor drains need to be free on any debris, sand or litter. A3.05 SCHEDULE OF SERVICES- DEEP CARPET CLEANING SERVICES Carpet Deep Cleaning 1. Clean carpet during the first six (6) months of the Contract and quarterly thereafter. 2. Carpets shall be deep cleaned using an extractor. 3. Special spotting kits may be needed to remove difficult stains. 4. Clean carpet where visible and accessible, which will require moving some furniture. Moving heavy furniture, such as filing cabinets, is not required. 5. Edges and baseboards must not have fibers, debris, or spills visible after cleaning. 6. Apply a Teflon-based protector to all carpeting after cleaning, or approved equal. 7. Give all empty containers of carpet protector to the Contract Manager as a control. B. Schedule time with the Contract Manager to operate air handlers overnight in the section to be extracted to reduce drying time. 9. The use of at least two (2) commercial carpet dryers supplied by Contractor(s) should be used to assist drying. A3.06 SPECIAL EVENTS I HIGH-IMPACT WEEKENDS OR AS NEEDED SERVICES Special events/ high-impact weekends may include. but are not limited to. 22 103 of 2719 Cntrua No. '_4-032-lit • Spring Break (typically from late-February through mid-April) • Memorial Day Weekend • Pride Week • 41"of July (Independence Day) • Sleepless Nights • Food and Wine Festival • Veterans Day • Art Deco Weekend • Art Basel Week During the above events, Contractor will he expected to provide staffing levels suitable for the demands to upkeep these facilities. At a minimum, Contractor will be required to provide a porter at each City Beachfront Restroom and a supervisor, responsible for all locations, during the above events. For Special Events, as indicated above and/or those added in writing by the Facilities and Fleet Management Director, or designee, the Contractor shall be compensated based at the awarded additional services rate(s). The supervisor(s) shah always be available while contract work is in progress to receive notices, reports. or requests from either the Zone Manager or the designated Zone Manager's representative. The supervisory employee(s) must be able to read, write, and speak English. No City employee is authorized to exercise either direct or indirect supervision over the Contractor's employees, unless designated by the Facilities and Fleet Management Director, or designee. Steam Cleaning Contractor will be expected to provide the following Steam Cleaning services on an as-needed, prescheduled basis. 1. Steam cleaning of chairs. 2 Steam cleaning of sofas. A3.07 MATERIALS AND EQUIPMENT The Contractor shall provide all materials, supplies, and equipment as required to properly maintain the facilities and areas in an acceptable condition. according to the minimum standards of the RFP. 1 his shall include all required maintenance and cleaning products. including, but not limited to: cleaners, disinfectants, bleach, floor care cleaners and protective coatings, etc. It shall also include brooms. mops (wet and dry/dry dust mops). mop handles, dust mop handles, dust pans, bowl mops, bowl brushes, putty knives, dusters. sponges. rags, window squeegees, floor pads, rubber gloves, for trash removal, spray bottles. floor care machines, vacuum cleaners, and any additional materials needed to perform the cleaning. 23 104 of 2719 ( Ontrucr NO. 24-U$2-el Vacuum cleaners shall be equipped with a beater bar or double row of brushes with high suction. The bar or brush setting should be approximately 118" below the vacuum cleaner casing. It is recommended that vacuum cleaners are equipped with special HEPA (high-efficiency particulate air) or 11LPA (Ultra Low Particulate Air) type filters that collects at least 99.97%, or that lose no more than 1110 of one percent of dust collected to the atmosphere. All equipment used in the cleaning operation of any City of Miami Beach facilities must be in good safe operating condition as required by OSHA. Equipment with broken or exposed electric wires will not be allowed for use. Supplies The Contractor shall furnish all cleaning supplies, including but not limited to, paper products. cleaning products, equipment, liners, hand soap, tools and devices, floor finishes, floor sealer, floor stripper, germicidal cleaner, disinfecting cleaner, carpet cleaner, supplies, detergents, defoamer, metal and wood polishes. All cleaning equipment supplies, and materials shall be approved by the City's Contract Manager prior to use and stored in a clean, neat and safe manner within designated areas in each facility. Contractor's employees must use protective gloved clothing when using (harsh) skin-irritating chemicals. No flammable products, including propane or gasoline, shall be stored in the facility. The Contractor shall furnish and install all hand soap and hand towel dispensers. if deemed necessary by the City. The Citys Contract Manager shall approve all new hand soap and hand towel dispensers prior to installation by the Contractor. The City shall also approve in advance the exact location of all new hand soap and hand towel dispensers. including the height from finished floors, proximity to other fixtures, and other accessibility concerns. The Contractor shall be responsible for the replacement of toilet paper dispensers in the restrooms of the facilities managed by the City due to product failure and or vandalism. The Contractor shall assume the cost of replacing toilet paper dispensers at their own expense. Historically, no more than 150 dispensers require replacement annually. The City reserves the right to determine the suitable replacement products and engage in the procurement and installation process. The quality and specifications of the dispensers shall conform to the City's standards and regulations. The Contractor shall maintain accurate records of all toilet paper dispenser replacements, including dates, locations, and quantities replaced. These records shall be made available to the City upon request. NOTE. All supplies must be used in accordance with the manufacturer's recommendations and instructions. All containers must be labeled with the manufacturers brand name, name of product. and its recommended use. 24 105 of 2719 Contract No. 24-I0'-01 A3.08 SAFETY REQUIREMENTS The Contractor(s) shall comply with all applicable requirements of OSHA's "General Industry Standards. These requirements shall include all primary and refresher training mandated under the OSHA guidelines. Safety Data Sheet The Contractor(s) shall provide to the City's Zone Manager a Safety Data Sheet (SDS) and description literature for each chemical/compound/mixture used in the performance of the Contract before the commencement of any work hereunder. All SOS shall be of the latest version and comply with 29 CFR 1910,1200. In 2012, OSHA modified the HAZCOM program to conform to the United Nations Globally Harmonized System (GHS) of classification and labeling of chemicals. Hazardous products shall not be used, except with prior approval of the Contract Manager, and must be disposed of properly by the Contractor(s) in accordance with the U.S. Environmental Protection Agency (U.S. EPA) 40 CFR 260-265. The Contractor(s) shall maintain and have readily accessible on-site a complete SDS book of all chemicals, compounds/mixtures used in the execution of the Contract Environmental and Hazardous Materials Requirements The following defines the minimum requirements the Contractor(s) is to follow for Environmental Health, Safety, Hazardous Substances, Recycling, Hazardous Materials, Hazardous Waste Characterization and Disposal, Waste Minimization, Personnel Training. Required Notifications, and Permits and Records Retention: Hazardous Substances I Hazardous Materials The Contractor(s) shall submit to the Contract Manager. SDS for approval of products to be used prior to any use in the facility. The Contractor(s) is not to use any product not approved by the Contract Manager anywhere in the facility. The Contractor(s) shall not use any product that has a pH level of less than 3 or a pH level greater than 11. The Contractor(s) is not permitted to use any product that the SDS rates as "Flammable or Toxic" without approval from the City's Lone Manager Proper Disposal of Spent or Used Products. The EPA and Florida Department of Environmental Protection (Florida DEP) require the proper disposal of certain chemicals/compounds/mixtures after they have been spent or used. The Contractor(s) is required to establish discrete waste streams for any chemicals that require proper disposal according to 40 CFR 260-265. The Contractor(s) must also arrange to have a licensed, "Part B Permit" Hazardous Waste & Universal Waste Contractor(s) to properly characterize, manifest, dispose and transport waste or recyclable materials The waste hauler must be licensed by the U.S. Department of Transportation as a Hazardous Waste/Universal Waste Hauler under the Series 49 CFR (Code of Federal Regulations). The Contractor(s) must provide contact information of the Hazardous Waste/ Universal Waste Hauler utilized. Waste Minimization Programs. The EPA and Florida DEP require the minimization of waste using water-soluble materials. The Contractor(s) is expected to utilize to the extent feasible the use of water soluble and user-friendly products that are available. 25 106 of 2719 Contract No. 24-032-e I Personal Protective Equipment All personnel are required to wear personal protective equipment in the performance of their duties, which involve the use Hazardous Substances and Hazardous Materials including protective eyewear or face shields, respiratory protection as necessary and applicable leak proof gloves or as prescribed by the SDS. A3.09 PERSONNEL AND SUPERVISION The Contractor(s) is required to and shall train all of the Contractor(s) 's personnel prior to ajob assignment with the City of Miami Beach Supervisors Experienced on-site supervisors must be on-site during all hours that work is performed. fhe on- site supervisor must be available between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, to inspect the facility with the City's Zone Manager, or designee, and to handle related problems when required. Additionally, the supervisors must be available, and on-site, after normal business hours to monitor and respond to janitorial services issues, oversee staff, and close facility following completion of daily services. The Proposer shall submit, as part of the RFP response, a description of supervisory allocation, per Zone with days and hours of service identified. Employees 1. Building Access: The City's Zone Manager, Facility Manager or designee shall direct and control access to the facility. Under no circumstances will anyone enter times for another employee. Only authorized Contractor(s) employees and subcontractor(s) are allowed on premises. 2. Uniforms: The Contractor(s) shall supply all employees with identification and uniforms e. shin, smock, etc) that must be worn at all times while on the premises, and shall at all times present a neat and professional appearance. with clean uniforms. 3. Access Cards: The Contractor(s) shall report any lost access cards to the City's Zone Manager immediately upon discovering such and shall be liable for the costs of replacement and programming. 4. Identification: The Contractor(s) shall submit a list of employees with the required background checks as stated in Section 1.9 and a photocopy of a valid picture I.D. to the Contract Manager prior to commencement of services hereunder. I.D. badges shall show company name, employee name and a photo of the employee. I D. badges must always be worn while performing services under this Contract. 5 Training' To improve sustainable waste management. the City requires janitorial employees to receive training on appropriate recycling practices. This training must be obtained within 6 months of an employees hire date and must be coordinated through the Environment and Sustainability Department. 26 107 of 2719 Contract \o. 24-0:'-01 Industry Certifications and Training the City desires that Contractor(s) obtain proper industry certification and/or industry licensing such as ISSA Cleaning Industry Management Standard (CIMS), and/or ISSA Cleaning Industry Management Standard (CIMS-GB) Green Building Certified, or similar certification and licensing, during the term of the Contract. The Contractor(s) shall provide verifiable documentation that supervisors have completed a minimum of eight (8) hours of Hazardous Materials Emergency Response "Operations Level" training, and nonsupervisory employees have completed a minimum of four (4) hours of Hazardous Materials "Awareness Level" training, from an approved training provider. A3.10 REPORTING REQUIREMENTS The Contractor(s) shall keep, maintain, and make available to the City upon request all training records and certifications, SDS, first report of injury and illness requiring first aid or additional medical professional treatment. Additionally, all injuries shall be recorded on the "OSHA 300 Log" and 300-A according to 29 CFR. A3.11 SPECIAL PERMITS, LICENSE AND PRODUCT NOTIFICATIONS Certain cities, counties and municipalities require hazardous materials licenses prior to the use of certain products. The Contractor(s) is responsible to obtain and make available to the City upon request all necessary licenses and permits regarding any hazardous materials prior to execution of this Contract. The Contractor(s) 's day custodian(s) and on-site supervisor must carry direct means of communications provided by the Contractor(s) at all times during work shifts. A Control Book shall be maintained on-site and be accessible to both the City's Zone Manager and the Contractor(s) Manager. The Contractor's on-site supervisor shall review the Control Book daily/nightly for specific cleaning issues. The Contractor(s) should indicate in the Control Book on a daily/nightly basis items needing repair in addition to reporting these items via email to the respective City Zone Manager (e.g.. plumbing in restrooms). A3.12 MEETINGS WITH FACILITIES MANAGEMENT The Contractor(s) s on-site supervisor shall meet with the City's Zone Manager. Facility Manager. or Designee at least weekly, and as-needed, on a more frequent requested basis by the City, to inspect any facility and to resolve cleaning issues. The owner or senior manager in the Contractor(s) 's organization. acceptable to the City, shall meet. at a minimum, monthly with the City to review the Monthly Cleaning Report and Quality Evaluation Form, discuss cleaning issues, and address any related problems, to the City's Zone Manager. A3.13 QUALITY CONTROL the Contractor(s) 's on-site supervisor(s) shall perform during each cleaning shift, a detailed inspection, covering a minimum of twenty percent (20%) of the maintained space and report each inspection on a Shift Cleaning Report. The Contractor(s) shall inspect one hundred percent (100%) of the maintained space at a 27 108 of 2719 Contract No.'_!-Oi'_-OI minimum for each week of the Contract term. The Contractor(s) shall maintain a written report regarding these inspections and submit a copy to the City's Lone Manager weekly. A Control Book shall be maintained on-site and be accessible to the City and Contractor(s) personnel. The Contractor(s) 's on-site supervisor shall review the Control Book daily/nightly for specific cleaning Issues. The Contractor(s) shall indicate in the Control Book on a dailylnightly basis items needing repair (e g., plumbing in restrooms). The Contractor(s) shall provide a sample of its Control Book for review as part of the REP. The Control Book shall be accessible to all City and Contractor(s) personnel and used to identify specific cleaning issues and report any maintenance deficiencies. The Control Book shall also contain the Contractor(s) Sign-In/Sign- Out Sheets. all MSDS for the respective facility, cleaning and staffing plans, as well all other documents such as special permits and training certifications deemed appropriate by the City. A3.14 GARAGE AND RESTROOM INDEX The City has recently implemented a garage and restroom index program. This program is utilized to communicate the status of the level of service regarding public garages and restrooms for the City of Miami Beach facilities. The results, ranging from 1.0 (very well maintained) to 6.0 (not maintained), provide an understanding of what criteria perform well and which do not. By analyzing the results, change can be made in areas in need of improvement so that the City of Miami Beach may provide better quality public garages and restroom facilities. Quarterly data is shared with the Commission with input from responsible department(s) regarding opportunities to improve performance. Proposers should become familiar with this City program and incorporate it into their Comprehensive Cleaning Plan. A3.15 PRIOR WRITTEN APPROVAL OF ADDITIONAL AND/OR AS-NEEDED SERVICES the Contractor(s) shall be required to obtain in writing, approval to perform any additional and/or as- needed services, by the Facilities and Fleet Management Director, or designee, prior to performing the actual work. The City shall not be obligated to pay for additional and/or as-needed services not approved in advance. A3.16 SUSTAINABILITYIRESILIENCY REQUIREMENTS All work shall be performed in accordance with the highest cleaning and environmental standards including: • ISSA CIMS-GB • Greenseal GS-42 (services) • Greenseal GS-37 and GS-37 (products) Green Cleaning Requirements As part of the City's Sustainable & Resilient Procurement Policy, it is the intent of the City to reduce greenhouse gas (GHG) emissions to combat climate change; decrease the use of hazardous materials to improve community and environmental health; and decrease waste and inefficiencies in electricity, fuel, paper. water and other consumption to relieve pressure on natural resources. To advance these goals. products and services contracted will be evaluated in pan based on their environmental attributes to reduce risks to health. safety, and the environment. Strict adherence to the following standards is required. Prior to the commencement of work, the Contractor(s) is required to submit a list of the products they intend to use. The Contractor(s) shall update the product list annually. The Contractor(s) is responsible for providing invoices confirming compliance with environmentally preferable requirements. Product invoices are to be submitted as part of the Contractor(s) monthly payment request submittal. Any deviation from these 28 109 of 2719 ontract No. :4-03'-III standards and requirements must be prior approved in writing by the City's Contract Manager The Contractor is encouraged to use green cleaning products and processes. to the degree feasible, and shall demonstrate such capability by submitting a green cleaning plan. that describes methods, materials. and equipment used under the contract. The Contractor shall use products offered that are certified or in compliance with at least one of the following five standards. The manufacturer's name, brand name and item number must be shown for each item being bid. Two copies of the certificate or other appropriate affidavit for each product offered must accompany the bid as documentation of certification or compliance as a green product. The certification or compliance standards required for these products in no way exempts compliance with other applicable occupational health and environmental standards. The standards required are set out below: 1. Certified by Green Seal 2. Certified by Environmental Choice EcoLogo Program 3 (For Chemicals) Recognized by the U.S. Environmental Protection Agency Design for the Environment (DfE) Formulator Program 4. Safer Choice Standard by the Environmental Protection Agency (EPA) 5. (For Paper Products) In compliance with the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines for Commercial and Industrial Sanitary Tissue For those categories not covered by the above standards preference will be given to those products meeting the California Code of Regulations maximum allowable VOC levels for the appropriate cleaning product category(California Air Resource Board/California Code of Regulations (CCR), Tile 17 CCR Section 94509 — (Topic cited: Standards for consumer products at www.calregs com). If cleaning products that meet these criteria are not available only then can the cleaning Contractor use other type products. In such cases the Contractor shall continue to use to the extent possible the safest and most environmentally friendly products and products must be prior approved in writing by the City's Contract Manager. Contractor's staff must be trained and knowledgeable in the Contractor's green cleaning procedures. The Contractor is strongly encouraged to use the following environmental attributes for products offered for bid. 1. Containing ingredients from the EPA's Safer Chemical Ingredients List 2. Use of renewable resources such as citrus, seeds, vegetables and oils 3. Biodegradable by standard methods and definitions 4. Designed for use in cold water in order to conserve energy 5. Concentrated formulas in product dispensers that measure quantities dispensed 6. Recycled content product packaging and product shipping materials 7 Reusable or recyclable shipping boxes R. Refillable bottles or drums Packaging and Labeling. Packaging shall be comprised of recycled-content materials, shall be recyclable. or shall be returnable to the distributor for refilling. Packaging shall be constructed to ensure. safe delivery. All products shall be manufactured and packaged under modern sanitary conditions in accordance with 29 110 of 2719 Contract Ao. 21-032-e I federal and state law and standard industry practice. Each case, bottle, and container shall have the following markings- Name and address of manufacturer Brand name of product. Net contents in U.S. standard pounds. ounces, gallons. or fluid ounces directions for use, including recommended use dilution and precautionary handling instructions. The reduction of packaging is highly encouraged through the purchasing of larger product containers/packaging. Any items that need to be refilled must be properly labeled with the corresponding product. A3.17 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM (CMMS) The City of Miami Beach utilizes a Computerized Maintenance Management System (CMMS) and will be sending its reactive, recurring, and preventative maintenance work requests through this system. The Contractor shall be charged a monthly $50.00 subscription fee to gain access to the City's CMMS provider in order to receive work orders. A3.18 EMPLOYEESISERVICES LOG The Contractor shall implement and maintain a technology system ("System") capable of logging the date and time of performance of janitorial service for each location under this contract. The City's User Departments under this contract would also need access to this system. The name of the software used by the City's current service provider is Janitorial Manager. The System shall be designed to capture relevant data pertaining to the timing of service provision, such as but not limited to. (a) Work logs detailing the services provided by the staff at each location. (b) Data on the frequency and duration of service at each location. The Contractor shall provide the necessary training to its staff to effectively use the System. The Contractor shall provide regular reports to the City. detailing, frequency of service, and other relevant data as captured by the System. The City reserves the right to audit the System and its data to ensure compliance with this clause and the terms of the contract. 30 111 of 2719 ( ummcI NO 24-03 2-Il1 EXHIBIT B BAFO PRICE FORM/PRICING SCHEDULE 31 112 of 2719 Best and Final Offer ( BAFO ) 2024-032-WG Janitorial Services PROCURFMENT DFRARIMFNI 1755 Meridian AvofLR . 1' ' Floor Miami Beach, Florida 33139 113 of 2719 2-21-25 RAI()LOST PROPH.4141 FO /flNI I.41.„ 44 •44,II I.. „ „ ...um, • r. • 84HHAYPIP 1-441441HHAA41-1.11.1%1 IAA al Pk S laG ', I 11.i! ..41,I.I.E!IITII ..ro 4. . l„ Pifer s S I 4 • .14 14,1r 4 44 PI S 4 4 PI , P.M4 r P411 I r . S '44 HI,II i NT,P. I II II!„„ 4,15,11 „ „purr,' Y. I!!!, Al I 41. A 1 . I „ I - e 1“ M I. • 114 of 2719 I.NI!PngwNl S?FulF� Z J 4m 1b r .. NX1 4 14 Z r. m V VIUOU. nnp� r Is 5 63 OZ4. 00 vom al 4 IAlla .I n. O 115 of 2719 ( onnact An. 21-012-01 EXHIBIT C LOCATION STAFFING HOURS 32 116 of 2719 FACILITY LOCATIONS SERVICE LEVELSCHEDULE ws,..wa .....4.— `..... ....�n, o... rode �.." ,....A.....L .0. 117 of 2719 FACILITY LOCATIONS SERVICE LEVELSCHEDULE 118 of 2719 FACILITY LOCATIONS SERVICE LEVELSCHEDULE UNDER CONSTRUCPOS .,�..., nu • s. • • 119 of 2719 Contract No. '_4-0 -01 EXHIBIT D ANTI-HUMAN TRAFFICKING CERTIFICATION Affidavit of Compliance with Anti-Human Trafficking Laws RFP-2024-032-WG-JANITORIAL SERVICES Contract Number and Title Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be completed by an officer or representative of the nongovernmental entity executing, renewing, or extending a contract with a governmental entity. I Name of entity does not use coercion for labor or services as defined in section 787.06, Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Entity Name: Representative/Officer's Printed Name: Representative/Officer's Title: Signature: Date: 33 120 of 2719 Contract No 24-032-II I EXHIBIT E PROHIBITION AGAINST CONTRACTINGAFFIDAVITWITH FOREIGN COUNTRIES OF CONCERN In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Consultant, hereby attests under penalty of perjury that Consultant does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138. Florida Statutes: (a) Consultant is owned by a government of a foreign country of concern, (b) the government of a foreign country of concern has a controlling interest in Consultant: or (c) Consultant is organized under the laws of or has its principal place of business in a foreign country of concern. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Consultant. CONSULTANT: a corporation. Name/Title: (Address) State of County of The foregoing instrument was acknowledged before me by means of ❑ physical prZsOe2nce or ❑ online notarization, this day of of by as a corporation, known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: 34 121 of 2719 ('onvu.t No 23-012-0I 35 122 of 2719 Contract No. 14-032-0'_ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CLEAN SPACE, INC. FOR JANITORIAL SERVICES PURSUANT TO RFP-2024.032-WG This Professional Services Agreement ('Agreement") is entered into this C Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the `City"), and CLEAN SPACE, INC. a Florida Corporation whose address is 3764 NW 124th Avenue, Coral Springs Florida, 33065 (Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Facilities and Fleet Management Department Director. be d Contractor: For the ndependentoses of this contactor and notannagent Contractor orr employele of the City,to be an Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP, No. 2024- 032-WG for JANITORIAL SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement RFP, and the Contractor's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP, and the Proposal. 1 123 of 2719 Contract No. '_4-032-0_2 Risk Manager: The Risk Manager of the City. with offices at 1700 Convention Center Drive, Third Floor. Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 26724; and fax number (305) 673-7529. SECTION 2 SCOPE OF SERVICES 2.1 Contractor shall serve as the SECONDARY service provider. In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Exhibit "A" hereto (the 'Services"). All Services provided by the Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed. Contractor should contact the following person: Elizabeth Miro, Interim Director Facilities and Fleet Management Department 1833 Bay Road, 2"d Floor Miami Beach, FL 33139 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit "A" hereto. SECTION 3 TERM The term of this Agreement ("Term') shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of three (3) years with one (1) two-year renewal options, to be exercised at the City Manager's sole option and discretion. by providing Contractor with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be compensated in accordance with the cost proposal attached hereto as Exhibit "B" 2 124 of 2719 Contract Ao. 24-0J2-02 4.2 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable: Payables(a)miamibeach0.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion. shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED 3 125 of 2719 Contract Au. 24-032-02 FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers. employees. agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to. attorneys' fees and costs, for personal. economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its officers, employees. agents, contractors. or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent. the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS 6.3 The Contractor shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. 4 126 of 2719 ( oiltract No. 24-032-0= A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (I) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $300,000 per occurrence. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $300,000 combined per accident for bodily injury and property damage. 6.4 Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Contractor including materials, parts. or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's insurance. 6.5 Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete. certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. 5 127 of 2719 Contract Ao_N-032-02 CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach{o�riskworks.com 6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County. Florida. By entering into this Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement so that its liability for any such breach never exceeds the sum of $10.000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10.000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of S10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability. as set forth in Section 768.28, Florida Statutes. 6 128 of 2719 Contract No.24-032-02 SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT. AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Contractor shall comply with all applicable laws, ordinances. and regulations of the City. Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications,. processes. data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor. without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays. excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary. there shall be made available to the City Manager. and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine. and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 7 129 of 2719 (Muriel No_21-16 2-0C- 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (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 Generals sole judgment. pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents. (bid/proposal) and contract documents, back-change documents. all documents and records which involve cash, trade or volume discounts. insurance proceeds. rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 8 130 of 2719 Contract No. 24-032-02 (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 Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement 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 Agreement. (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. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager. which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City s Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race. color, national origin, sex, age. disability, religion. income or family status. Additionally. Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations. and public services on account of actual or perceived race, color, national origin. religion, sex, 9 131 of 2719 (onvnet No. 4-032-02 intersexuality, gender identity, sexual orientation. marital and familial status. age, disability. ancestry, height, weight, domestic partner status. labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time: and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books. tapes, photographs, films. sound recordings. data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service: (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed. except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's 10 132 of 2719 Contract NO, ]4-(32-02 custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request. and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractors failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement, (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request. to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV 11 133 of 2719 ( oniraet Ao. 14-031-e1_ PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error. omission, or negligence of such party. and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes. earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay. but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement. (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part. by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. 12 134 of 2719 Contract No. '_4-n 2-02 (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may. at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager. terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of. this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute'), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subconsultant performing work or providing services pursuant to the Agreement 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 subconsultant during the contract Term. If Contractor enters into a contract with an approved subconsultant, the subconsultant must provide the Contractor with an affidavit stating that the subconsultant does not employ, contract with. or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1). Florida Statutes, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Contractor otherwise complied with such subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subconsultant. Contractor's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(11 Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the 13 135 of 2719 Commit No.21-UO2-I12 termination of this Agreement under this Section 10.9. 10.10 CONTRACTOR'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS Contractor agrees to comply with Section 787.06. Florida Statutes. as may be amended from time to time, and has executed the Certification of Compliance with Anti-Human Trafficking Laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit "D 10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT Consultant warrants and represents that it is not currently engaged in, and will not engage in, a boycott. as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Consultant hereby certifies that Consultant is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE Consultant warrants and represents that, within two (2) years after the Effective Date, Consultant has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-311 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 311 of the City Code shall not apply to the following: (a) Any individual or entity that provides goods to a candidate for office. (b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers. and office supply vendors. (c) Any individual or entity which performs licensed professional services (including for example. legal or accounting services). 10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time. which states that as of January 1, 2024, a governmental entity may not accept a bid on. a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in 14 136 of 2719 Contract No. 24-u12-0.2 Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes. (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a -Prohibited Entity'). A foreign country of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic. including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1. 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Consultant to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit"E". SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Matt Guinco CLEAN SPACE, INC. 3764 NW 124"' Ave. Coral Springs, FL 33065 Ph: 1-800-499-0116 I954-880-5188 Email: mq(a)cleanspaceonline.com TO CITY: Elizabeth Miro, Interim Director Facilities & Fleet Management Department 1833 Bay Road 2od floor Miami FL, 33139 Ph: 305-673-7000 ext. 22925 Email: elizabethmiro anmiamibeachfi.gov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand-delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address to which notice would otherwise be sent unless other delivery instructions as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt or, in all other cases, on the date of receipt or refusal. 15 137 of 2719 Contract Ao. 24-032-02 SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence. conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 138 of 2719 Cnniract No :4-032-02 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael E. Granada City Clerk Eric Carpenter, City Manager Date: FOR CONSULTANT: CLEAN SPACE, INC. By: Print Name and Title Date: 17 139 of 2719 Contract No 24-II z7-n1 EXHIBIT A SCOPE OF SERVICES Scope of Work. The Contractor shall be fully responsible for providing customer service. quality control and all other services listed herein. The Contractor will determine, in accordance to the minimum requirements of the contract, the manner in which services are to be performed by Zone and location. allocation of labor hours needed to perform the task(s), cleaning methods and required supplies. materials and equipment, in order to successfully complete the required work. During evening services, lights shall be turned off as areas are completed. except in the immediate area where work is being performed The City of Miami Beach reserves the right to adjust work hours to serve the specific needs of the facility. When a City-observed holiday falls on a regularly scheduled service day, and the City facility is not accessible to the Contractor, the Contractor shall perform the regularly scheduled services on the next workday following the holiday closure. Exceptions will require arrangements with the City's Facilities and Fleet Management Director. or designee. Specifications. The Contractor shall, at a minimum, provide the City with janitorial and related services in accordance with the following standards and frequency expectations: A3.01 SCHEDULE OF JANITORIAL SERVICES — OFFICES, WORKSPACES, LOUNGES, LOBBIES, ENTRANCES, COMMON AREAS, HALLWAYS, EXTERIORS, CORRIDORS At Each Visit 1. Empty wastebaskets. trash cans, and recycling bins in dedicated containers. 2. Replace bag liner if ripped, soiled or wet for wastebasket and trashcans (Recycling bins should not have liners). 3. Dispose of all collected refuse to an outside dumpster. 4. Empty recycle containers and deposit material into dedicated. outside recycling collection container. 5. Empty and clean all exterior ashtrays and cigarette receptacles. 6, Clean all table and counter surfaces not having paper or materials stored on them 7. Dispose of any cardboard packing or discarded materials or items left for removal to outside dumpster. 8. Clean any area or item that obviously needs immediate attention due to incidental spills. leaks or debris. 9. Clean all glass main entry doors. 10. Sweep and damp mop all hard flooring (including elevators and stone surfaced Flooring, spot clean any dirt or stains with appropriate cleaners and solvents as needed to maintain an acceptable appearance.) 11. Vacuum all carpeted areas, including walk-off mats, entrance mats, and rugs. 12. Refill hand towel dispensers in restrooms with an adequate amount of hand towels to maintain proper dispensing. 13. Clean and sanitize drinking fountains. 14. Sweep clean all landings and stairwells. 15. Spot clean any obvious stains or spills in carpeted areas with appropriate/approved cleaner(s). 18 140 of 2719 ( oWma No. 24-032-C 16. Clean all doors (including glass doors) and frames, sweep mats, remove spider webs. remove gum. 17. All glass and metal surfaces of facility entrance/exit doors and lobbies interior and exterior shall be cleaned. 18. Dust all wall hangings and decorative light fixtures. 19. Wooden surfaces shall be maintained with a City approved polish. Every effort must be made so no rings, spills, or noticeable dust is visible. 20. Clean and/or polish tables. benches, and chairs. Wet cleaning may be required with germicidal cleaner. 21. Spot clean light switches and walls when visibly soiled. 22. Collect and dispose of debris and litter in parking areas, sidewalks, and breezeways. 23. Monitor exterior trash receptacles, removing trash as needed, and replacing liners. Weekly 1. Polish furniture. 2. Clean and polish all table and counter surfaces which are free of material. 3. Wipe down all interior window frames, and sills with damp cloth. 4. Clean all non-glass doors and door frames 5. Wipe down all shelving with damp cloth. 6. Vacuum all fabric covered furniture and partitions 7. Wipe down elevator walls, polish interior cab with all-purpose cleaning spray or furniture polish. 8. Clean all elevator hand railings and metallic wall panels with stainless steel cleanedpolish. 9. All first-floor exterior windows shall be cleaned as needed. Bi•Weekly 1. Clean all blinds, wall plates, door hardware and stairwell railings. Monthly 1. Dust and clean all air conditioning register and air return vents. 2. Clean all vinyl furniture including workstations with vinyl cleaner. 3. Scrub. rinse, spray buff and wax hard floors (excluding stone surfaced flooring, utilizing proper floor care machinery). 4. Wipe down all walls and clean any spider webs from corners or ceilings. 5. Clean interior window glass. 6. Clean baseboards. 7. Detail dean all horizontal or vertical surfaces so that no visible dirt. dust. cobwebs, or streaks are visible, including all furniture, edges, corners, baseboards. walls, air vents, and door frames (high and low dusting, etc.) from floor to ceiling. Include all custodial closets. stairwells. entrance areas. and planters, and any other item or area within the scope of this Contract. 8. Telephones must be cleaned using a germicidal cleaner disinfectant. Quarterly 1. Scrub and recoat hard floors (excluding stone-surfaced flooring, utilizing proper floor care machinery. (This service is to be provided within fifteen days of the start-up of the contract or trial period and performed quartedy thereafter). 19 141 of 2719 C onirac No. 24-I132-L12 Semi-Annually 1. Strip and wax hard floors, 3-coat minimum, where appropriate (excluding stone surfaced flooring, utilizing proper floor care machinery. (This service is to be provided within fifteen days of start-up of the contract or trial period and performed quarterly thereafter). 2. Vacuum fabric partitions throughout the City facilities. Annually 1. Clean all blinds. Cleaning shall occur at the same time interior window surfaces are cleaned. 2. After cleaning, all blinds shall operate properly and contain no visible streaks. smears or dust. 3. Vertical blinds may be cleaned in place using chemicals designed for vinyl cleaning. Carpet Spot Cleaning 1. Spot cleaning will be performed utilizing extraction method. 2. Carpet will be free of any dirt, dust, lint, stain or foreign matter as determined by the Contract Manager, Facility Manager or designee. 3. Cleaning procedures and chemicals shall be used in accordance with manufacturer's recommendations and warranty conditions. 4. Spot dean any spotted and stained areas. as needed or as requested. 5. When spot cleaned, affected carpet areas shall blend with adjacent areas. 6. Leave no dirt on carpets. in corners, near baseboards, behind doors, or under any furniture. 7. Wipe baseboards in carpeted areas free of dust. Day Porters The Contractor(s), in addition to standard janitorial services, contractor shall provide porter services at the locations outlined for porter services that are stated on Appendix Dand shall meet or exceed the following requirements: 1. Maintain entrances and lobbies, (including parking garage)windows, doors. and dusting. 2. Maintain cleanliness of water fountains. 3. Complete restroom service; minimum once for a 4-hour shift and twice for an 8-hour shift, and as needed throughout the day. Restock and empty trash as needed. 4. Dust all interior signage including lobby and common areas. 5. Kitchenettes. Empty trash. dust windowsills, wipe down exterior and interior of cabinets, wiping down counter and sink areas. 6. Maintain custodial storage areas. keeping active inventory of supplies and all custodial closets clean and neat. 7. Facility exterior cleaning: Check all entrances and parking garages for paper and trash, empty all trash and smoking containers. 8. Report any maintenance items needing repair in the via email to City's Zone Manager. 9. Report any custodial issues arising from tenants to the City's Zone Manager via email to the City's Zone Manager. 10. Remove recyclable waste if needed. 20 142 of 2719 ( oniruct No 24-032-02 11. Assist vacuuming office areas and spot cleaning as needed. 12. Day custodians shall provide ongoing service for entrances, common areas, restrooms, emergency spill removal from carpets and hard flooring, rainy day safety precautions (put out mats, signs and keep floors mopped dry), and other cleaning-related duties. 13, The City's Zone Manager will have authority to direct the day porters to perform special cleaning duties between the hours of 8:00 a.m. and 5:00 p.m. A3.02 SCHEDULE OF SERVICES—RESTROOMS At Each Visit 1. Clean all mirrors. 2. Replenish soap, toilet tissue and hand towels. 3. Sweep, mop with disinfectant cleaner and rinse bathroom floors. 4. Clean urinals and commodes (inside and out). 5. Check deodorizer block and replace if necessary. 6. Wipe down all partitions. 7. Clean and disinfect water basins and counter tops. 8. Empty and clean all waste receptacles, replace liners if necessary. 9. Polish all chrome and stainless steel. 10. Clean baby changing stations in conjunction with daily restroom cleaning schedules. 11. Refill hygiene products where applicable. Weekly 1. Clean all doors, including entry doors, metal kick plates, door handles or push plates. 2. Clean all interior window glass, frames and sills. 3. Clean showers (if applicable). 4. Clean locker tops (if applicable). 5. Wipe clean (with tile cleaner) all tiled wall areas. Monthly 1. Dust and clean all air conditioning registers and air return vents. Quarterly 1. Scrub and rinse all tile surfaces with a non-toxic tile cleaner. 2. Detail dean all restroom floors and grout to a clean and uniform appearance, machine scrub floors, and entirely clean walls and doors 100% by the end of the first quarter of the Contract and no less than quarterly thereafter. A3.03 SCHEDULE OF SERVICES—KITCHENS AND BREAK ROOMS At Each Visit 1. Clean all counter space. 2. Sweep floors. 21 143 of 2719 Contract No. '_4-032-ii 3. Wet mop floors. 4. Wipe clean all appliances. 5. Clean and disinfect sink. 6. Refill hand towel dispensers. 7. Remove all trash and recyclables. 8. Replace liners. as needed. Quarterly 1. Scrub and rinse all tile surfaces with a non-toxic tile cleaner. Annually 1. Strip and wax hard floors, with a 3-coat minimum wax application method. A3.04 SCHEDULE OF SERVICES—PARKING GARAGES At Each Visit 1. Collect and dispose of debris and litter in parking areas, ramps. decks. sidewalks, and breezeways. 2. Monitor exterior trash and recycling receptacles, removing trash as needed, and replacing liners, while maintaining all recyclable material separate from trash to avoid contamination. 3. Monitoring of public areas in all garages, between the daily cleaning requirements. is required. 4. Elevators, entrance and exit doors, stairwells (including handrails,steps, landings and lights). parking decks,all must remain free of trash, dust, dirt. litter, fluids. and odors. 5. Garbage cans in the public areas should always be cleaned and able to except additional trash. 6. Floor drains need to be free on any debris, sand or litter. A3.05 SCHEDULE OF SERVICES—DEEP CARPET CLEANING SERVICES Carpet Deep Cleaning 1. Clean carpet during the first six(6) months of the Contract and quarterly thereafter. 2. Carpets shall be deep cleaned using an extractor. 3. Special spotting kits may be needed to remove difficult stains. 4. Clean carpet where visible and accessible, which will require moving some furniture. Moving heavy furniture, such as filing cabinets, is not required. 5. Edges and baseboards must not have fibers, debris. or spills visible after cleaning. 6. Apply a Teflon-based protector to all carpeting after cleaning, or approved equal. 7. Give all empty containers of carpet protector to the Contract Manager as a control. 8. Schedule time with the Contract Manager to operate air handlers overnight in the section to be extracted to reduce drying time. 9. The use of at least two(2) commercial carpet dryers supplied by Contractor(s) should be used to assist drying. A3.06 SPECIAL EVENTS I HIGH-IMPACT WEEKENDS OR AS NEEDED SERVICES Special events i high-impact weekends may include, but are not limited to'. 22 144 of 2719 ('onlract Ao. 24-e32-I12 • Spring Break (typically from late-February through mid-April) • Memorial Day Weekend • Pride Week • 4Ir of July (Independence Day) • Sleepless Nights • Food and Wine Festival • Veterans Day • Art Deco Weekend • Art Basel Week During the above events, Contractor will be expected to provide staffing levels suitable for the demands to upkeep these facilities. At a minimum, Contractor will be required to provide a porter at each City Beachfront Restroom and a supervisor, responsible for all locations, during the above events. For Special Events, as indicated above and/or those added in writing by the Facilities and Fleet Management Director. or designee, the Contractor shall be compensated based at the awarded additional services rate(s). The supervisor(s) shall always be available while contract work is in progress to receive notices, reports, or requests from either the Zone Manager or the designated Zone Manager's representative. The supervisory employee(s) must be able to read. write, and speak English. No City employee is authorized to exercise either direct or indirect supervision over the Contractor's employees, unless designated by the Facilities and Fleet Management Director, or designee. Steam Cleaning Contractor will be expected to provide the following Steam Cleaning services on an as-needed. prescheduled basis. 1. Steam cleaning of chairs. 2. Steam cleaning of sofas. A3.07 MATERIALS AND EQUIPMENT The Contractor shall provide all materials, supplies, and equipment as required to properly maintain the facilities and areas in an acceptable condition. according to the minimum standards of the RFP. This shall include all required maintenance and cleaning products. including, but not limited to: cleaners, disinfectants, bleach. floor care cleaners and protective coatings. etc. It shall also include brooms. mops (wet and dry/dry dust mops). mop handles, dust mop handles, dust pans. bowl mops. bowl brushes. putty knives. dusters, sponges. rags. window squeegees, floor pads, rubber gloves, for trash removal, spray bottles. floor care machines. vacuum cleaners, and any additional materials needed to perform the cleaning. 23 145 of 2719 Contract No.21-032-112 Vacuum cleaners shall be equipped with a beater bar or double row of brushes with high suction. The bar or brush setting should be approximately 118" below the vacuum cleaner casing. It is recommended that vacuum cleaners are equipped with special HEPA (high-efficiency particulate air) or ULPA (Ultra Low Particulate Air) type filters that collects at least 99.97%, or that lose no more than 1110 of one percent of dust collected to the atmosphere. All equipment used in the cleaning operation of any City of Miami Beach facilities must be in good safe operating condition as required by OSHA. Equipment with broken or exposed electric wires will not be allowed for use. Supplies a products. The Contractor shall furnish all cleaning supplies. including but not limited to, paper cleaning products, equipment, liners, hand soap. tools and devices, floor finishes. floor sealer, floor stripper. germicidal cleaner, disinfecting cleaner, carpet cleaner, supplies, detergents, defoamer, metal and wood polishes. All cleaning equipment supplies, and materials shall be approved by the City's Contract Manager prior to use and stored in a clean, neat and safe manner within designated areas in each facility. Contractor's employees must use protective gloved clothing when using (harsh) skin-irritating chemicals. No flammable products, including propane or gasoline, shall be stored in the facility. The Contractor shall furnish and install all hand soap and hand towel dispensers, if deemed necessary by the City. The City's Contract Manager shall approve all new hand soap and hand towel dispensers prior to installation by the Contractor. The City shall also approve in advance the exact location of all new hand soap and hand towel dispensers, including the height from finished floors, proximity to other fixtures, and other accessibility concerns. The Contractor shall be responsible for the replacement of toilet paper dispensers in the restrooms of the facilities managed by the City due to product failure and or vandalism. The Contractor shall assume the cost of replacing toilet paper dispensers at their own expense. Historically, no more than 150 dispensers require replacement annually. The City reserves the right to determine the suitable replacement products and engage in the procurement and installation process. The quality and specifications of the dispensers shall conform to the City's standards and regulations. The Contractor shall maintain accurate records of all toilet paper dispenser replacements. including dates. locations, and quantities replaced. These records shall be made available to the City upon request. NOTE: All supplies must be used in accordance with the manufacturer's recommendations and instructions. All containers must be labeled with the manufacturer's brand name. name of product. and its recommended use. A3.08 SAFETY REQUIREMENTS 24 146 of 2719 Contract No. '-4-032-U'_ The Contractor(s) shall comply with all applicable requirements of OSHA's "General Industry Standards." These requirements shall include all primary and refresher training mandated under the OSHA guidelines. Safety Data Sheet The Contractor(s) shall provide to the City's Zone Manager a Safety Data Sheet (SDS) and description literature for each chemical/Compound/mixture used in the performance of the Contract before the commencement of any work hereunder. All SDS shall be of the latest version and comply with 29 CFR 1910.1200. In 2012, OSHA modified the HAZCOM program to conform to the United Nations Globally Harmonized System (GHS) of classification and labeling of chemicals. Hazardous products shall not be used, except with prior approval of the Contract Manager, and must be disposed of properly by the Contractor(s) in accordance with the U.S. Environmental Protection Agency (U.S. EPA) 40 CFR 260-265.The Contractor(s) shall maintain and have readily accessible on-site a complete SDS book of all chemicals, compounds/mixtures used in the execution of the Contract. Environmental and Hazardous Materials Requirements The following defines the minimum requirements the Contractor(s) is to follow for Environmental Health, Safety, Hazardous Substances, Recycling, Hazardous Materials, Hazardous Waste Characterization and Disposal, Waste Minimization, Personnel Training, Required Notifications, and Permits and Records Retention: Hazardous Substances I Hazardous Materials The Contractor(s) shall submit to the Contract Manager. SDS for approval of products to be used prior to any use in the facility. The Contractor(s) is not to use any product not approved by the Contract Manager anywhere in the facility. The Contractor(s) shall not use any product that has a pH level of less than 3 or a pH level greater than 11. The Contractor(s) is not permitted to use any product that the SOS rates as "Flammable or Toxic" without approval from the City's Zone Manager. Proper Disposal of Spent or Used Products. The EPA and Florida Department of Environmental Protection (Florida DEP) require the proper disposal of certain chemicals/compounds/mixtures after they have been spent or used. The Contractor(s) is required to establish discrete waste streams for any chemicals that require proper disposal according to 40 CFR 260-265. The Contractor(s) must also arrange to have a licensed. "Part B Permit" Hazardous Waste & Universal Waste Contractor(s) to properly characterize, manifest, dispose and transport waste or recyclable materials. The waste hauler must be licensed by the U.S. Department of Transportation as a Hazardous Waste/Universal Waste Hauler under the Series 49 CFR (Code of Federal Regulations). The Contractor(s) must provide contact information of the Hazardous Waste/ Universal Waste Hauler utilized. Waste Minimization Programs. The EPA and Florida DEP require the minimization of waste using water-soluble materials. The Contractor(s) is expected to utilize to the extent feasible the use of water soluble and user-friendly products that are available. 25 147 of 2719 comraci Ao. 24-03'-02 Personal Protective Equipment All personnel are required to wear personal protective equipment in the performance of their duties. which involve the use Hazardous Substances and Hazardous Materials including protective eyewear or face shields, respiratory protection as necessary and applicable leak proof gloves or as prescribed by the SDS. A3.09 PERSONNEL AND SUPERVISION The Contractor(s) is required to and shall train all of the Contractor(s)'s personnel prior to a job assignment with the City of Miami Beach Supervisors Experienced on-site supervisors must be on-site during all hours that work is performed, The on- site supervisor must be available between the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday. to inspect the facility with the City's Zone Manager, or designee, and to handle related problems when required. Additionally, the supervisors must be available. and on-site, after normal business hours to monitor and respond to janitorial services issues, oversee staff, and close facility following completion of daily services. The Proposer shall submit. as pad of the RFP response, a description of supervisory allocation, per Zone with days and hours of service identified. Employees 1. Building Access: The City's Zone Manager, Facility Manager or designee shall direct and control access to the facility. Under no circumstances will anyone enter times for another employee. Only authorized Contractor(s) employees and subcontractor(s) are allowed on premises. 2. Uniforms: The Contractor(s) shall supply all employees with identification and uniforms (i.e. shirt, smock, etc.) that must be worn at all times while on the premises. and shall at all times present a neat and professional appearance. with clean uniforms. 3. Access Cards: The Contractor(s) shall report any lost access cards to the City's Zone Manager immediately upon discovering such and shall be liable for the costs of replacement and programming. 4. Identification: The Contractor(s) shall submit a list of employees with the required background checks as stated in Section 1.9 and a photocopy of a valid picture I.D. to the Contract Manager prior to commencement of services hereunder. I.D. badges shall show company name, employee name and a photo of the employee. I.D. badges must always be worn while performing services under this Contract. 5. Training: To improve sustainable waste management. the City requires janitorial employees to receive training on appropriate recycling practices. This training must be obtained within 6 months of an employee's hire date and must be coordinated through the Environment and Sustainability Department. 26 148 of 2719 Contract No. 24-032-02 IndustryCertifi cations and Training The City desires that Contractor(s) obtain proper industry certification and/or industry licensing such as ISSA Cleaning Industry Management Standard (CIMS). and/or ISSA Cleaning Industry Management Standard (CIMS-GB) Green Building Certified, or similar certification and licensing. during the term of the Contract. The Contractor(s) shall provide verifiable documentation that supervisors have completed a minimum of eight (8) hours of Hazardous Materials Emergency Response "Operations Level" training, and nonsupervisory employees have completed a minimum of four (4) hours of Hazardous Materials"Awareness Level"training, from an approved training provider. A3.10 REPORTING REQUIREMENTS The Contractors) shall keep. maintain, and make available to the City upon request all training records and certifications, SDS, first report of injury and illness requiring first aid or additional medical professional treatment. Additionally, all injuries shall be recorded on the "OSHA 300 Log" and 300-A according to 29 CFR. A3.11 SPECIAL PERMITS, LICENSE AND PRODUCT NOTIFICATIONS Certain cities, counties and municipalities require hazardous materials licenses prior to the use of certain products. The Contractor(s) is responsible to obtain and make available to the City upon request all necessary licenses and permits regarding any hazardous materials prior to execution of this Contract. The Contractor(s) 's day custodian(s) and on-site supervisor must carry direct means of communications provided by the Contractor(s)at all times during work shifts. A Control Book shall be maintained on-site and be accessible to both the City's Zone Manager and the Contractor(s) Manager. The Contractor's on-site supervisor shall review the Control Book daily/nightly for specific cleaning issues. The Contractor(s) should indicate in the Control Book on a daily/nightly basis items needing repair in addition to reporting these items via email to the respective City Zone Manager(e.g.. plumbing in restrooms). A3.12 MEETINGS WITH FACILITIES MANAGEMENT The Contractor(s) 's on-site supervisor shall meet with the City's Zone Manager, Facility Manager, or Designee at least weekly, and as-needed, on a more frequent requested basis by the City, to inspect any facility and to resolve cleaning issues. The owner or senior manager in the Contractor(s) 's organization, acceptable to the City, shall meet, at a minimum, monthly with the City to review the Monthly Cleaning Report and Quality Evaluation Form. discuss cleaning issues. and address any related problems, to the City's Zone Manager. A3.13 QUALITY CONTROL The Contractor(s) 's on-site supervisor(s) shall perform during each cleaning shift, a detailed inspection. covering a minimum of twenty percent(20%) of the maintained space and report each inspection on a Shift Cleaning Report. The Contractor(s) shall inspect one hundred percent (100%) of the maintained space at a minimum for each week of the Contract term. The Contractor(s) shall maintain a written report regarding 27 149 of 2719 Contract Ao. :4-032-O2 these inspections and submit a copy to the City's Zone Manager weekly. A Control Book shall be maintained on-site and be accessible to the City and Contractor(s) personnel. The Contractor(s) 's on-site supervisor shall review the Control Book dailylnightly for specific cleaning issues. The Contractor(s) shall indicate in the Control Book on a daily/nightly basis items needing repair (e.g., plumbing in restrooms). The Contractor(s) shall provide a sample of its Control Book for review as part of the RFP. The Control Book shall be accessible to all City and Contractor(s) personnel and used to identify specific cleaning issues and report any maintenance deficiencies. The Control Book shall also contain the Contractor(s) Sign-In/Sign- Out Sheets. all MSDS for the respective facility, cleaning and staffing plans. as well all other documents such as special permits and training certifications deemed appropriate by the City. A3.14 GARAGE AND RESTROOM INDEX The City has recently implemented a garage and restroom index program. This program is utilized to communicate the status of the level of service regarding public garages and restrooms for the City of Miami Beach facilities. The results, ranging from 1.0 (very well maintained) to 6.0 (not maintained), provide an understanding of what criteria perform well and which do not. By analyzing the results, change can be made in areas in need of improvement so that the City of Miami Beach may provide better quality public garages and restroom facilities. Quarterly data is shared with the Commission with input from responsible department(s) regarding opportunities to improve performance. Proposers should become familiar with this City program and incorporate it into their Comprehensive Cleaning Plan. A3.15 PRIOR WRITTEN APPROVAL OF ADDITIONAL AND/OR AS-NEEDED SERVICES The Contractor(s) shall be required to obtain in writing, approval to perform any additional and/or as- needed services, by the Facilities and Fleet Management Director, or designee. prior to performing the actual work. The City shall not be obligated to pay for additional and/or as-needed services not approved in advance. A3.16 SUSTAINABILITY/RESILIENCY REQUIREMENTS All work shall be performed in accordance with the highest cleaning and environmental standards including. • ISSA CIMS-GB • Greenseal GS-42 (services) • Greenseal GS-37 and GS-37 (products) Green Cleaning Requirements As part of the City's Sustainable & Resilient Procurement Policy, it is the intent of the City to reduce greenhouse gas (GHG) emissions to combat climate change; decrease the use of hazardous materials to improve community and environmental health; and decrease waste and inefficiencies in electricity, fuel, paper. water and other consumption to relieve pressure on natural resources. To advance these goals. products and services contracted will be evaluated in part based on their environmental attributes to reduce risks to health. safety, and the environment. Strict adherence to the fallowing standards is required. Prior to the commencement of work, the Contractor(s) is required to submit a list of the products they intend to use. The Contractor(s) shall update the product list annually. The Contractor(s) is responsible for providing invoices confirming compliance with environmentally- preferable requirements. Product invoices are to be submitted as part of the Contractor(s) monthly payment request submittal. Any deviation from these standards and requirements must be prior approved in writing by the City's Contract Manager. 28 150 of 2719 Contract No. 2a-032-02- The Contractor is encouraged to use green cleaning products and processes. to the degree feasible, and shall demonstrate such capability by submitting a green cleaning plan, that describes methods, materials. and equipment used under the contract. The Contractor shall use products offered that are certified or in compliance with at least one of the following five standards. The manufacturer's name, brand name and bid. Two opies of the certificate or item numbr ate affdavt foeeach sproduct offered must accompat be shown for each item ny the bid ascdo documentation of certification other or compliancel as a green product. The certification or compliance standards required for these products in no way exempts compliance with other applicable occupational health and environmental standards. The standards required are set out below: 1. Certified by Green Seal 2. Certified by Environmental Choice EcoLogo Program 3. (For Chemicals) Recognized by the U.S. Environmental Protection Agency Design for the Environment(DfE) Formulator Program 4. Safer Choice Standard by the Environmental Protection Agency (EPA) 5. (For Paper Products) In compliance with the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines for Commercial and Industrial Sanitary Tissue For those categories not covered by the above standards preference will be given to those products meeting the California Code of Regulations maximum allowable VOC levels for the appropriate cleaninge 17 Cing product category(Califomia Air Resource BoardtCalifomia Code of Regulations (CCR), Section 94509 — (Topic cited; Standards for consumer products at www.calregs.com). If cleaning products that meet these criteria are not available only then can the cleaning Contractor use other type products. In such cases the Contractor shall continue to use to the extent possible the safest and most environmentally friendly products and products must be prior approved in writing by the City's Contract Manager. Contractors staff must be trained and knowledgeable in the Contractor's green cleaning procedures. The Contractor is strongly encouraged to use the following environmental attributes for products offered for bid: 1. Containing ingredients from the EPA's Safer Chemical Ingredients List 2. Use of renewable resources such as citrus, seeds,vegetables and oils 3. Biodegradable by standard methods and definitions 4. Designed for use in cold water in order to conserve energy 5. Concentrated formulas in product dispensers that measure quantities dispensed 6. Recycled-content product packaging and product shipping materials 7. Reusable or recyclable shipping boxes 8. Refillable bottles or drums Packaging and Labeling: Packaging shall be comprised of recycled-content materials, shall be recyclable, or shall be returnable to the distributor for refilling. Packaging shall be constructed to ensure, safe delivery. All products shall be manufactured and packaged under modern sanitary conditions in accordance with federal and state law and standard industry practice. Each case, bottle. and container shall have the 29 151 of 2719 C()Inflict Ao. 21-1132-o• following markings: Name and address of manufacturer Brand name of product. Net contents in U.S. standard pounds. ounces, gallons, or fluid ounces directions for use, including recommended use dilution and precautionary handling instructions. The reduction of packaging is highly encouraged through the purchasing of larger product containers/packaging. Any items that need to be refilled must be properly labeled with the corresponding product. A3.17 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM (CMMS) The City of Miami Beach utilizes a Computerized Maintenance Management System (CMMS) and will be sending its reactive, recurring, and preventative maintenance work requests through this system. The Contractor shall be charged a monthly $50.00 subscription fee to gain access to the City's CMMS provider in order to receive work orders. A3.18 EMPLOYEES/SERVICES LOG The Contractor shall implement and maintain a technology system ("System") capable of logging the date and time of performance of janitorial service for each location under this contract. The City's User Departments under this contract would also need access to this system. The name of the software used by the City's current service provider is Janitorial Manager. The System shall be designed to capture relevant data pertaining to the timing of service provision, such as but not limited to: (a)Work logs detailing the services provided by the staff at each location, (b) Data on the frequency and duration of service at each location. The Contractor shall provide the necessary training to its staff to effectively use the System. The Contractor shall provide regular reports to the City, detailing, frequency of service, and other relevant data as captured by the System. The City reserves the right to audit the System and its data to ensure compliance with this clause and the terms of the contract. 30 152 of 2719 Cunvact Co.21-032-02 EXHIBIT B BAFO PRICE FORM/PRICING SCHEDULE 31 153 of 2719 Best and Final Offer ( BAFO ) 2024-032-WG Janitorial Services AS OF 03/05/2025 PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 154 of 2719 BAFO COST PROPOSAL FORM Failur Is will RIM Bidder affirms that the pdces stated on the cost proposal form below represent the entire cost of the items in full accordance with the requirements of this REP. inclusive of its terms. conditions. specifications and other requirements stated herein. and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The BAFO Cost Proposal Form shall be completed mechanically or, if manually, in ink. BAFO Cost Proposal Form(s) completed in pencil shall be deemed non-responsive. All corrections on the BAFO Cost Proposal Form shall be initialed. ZONE 1 AUXILIARY FACILITIES Total Ite Location Quantity UIM Unit Price (Quantity X Unit Cost m 1 NORMANDY SHORES 12 Monthly S go q _ €0 S 9, 41 .1 . 2 GUARDHOUSE 2 ALLISON ISLAND GUARDHOUSE 12 Monthly $ -1-2-5 0. S q, 1.R`i 4r 3 STILLWATER GUARDHOUSE 12 Monthly S �fQ _4o S q , 3`i1 . 02 4 BISCAYNE POINT 12 Monthly S 12'2 . I O S q , 265 . 6 6 GUARDHOUSE ZONE 2 PUBLIC SAFETY FACILITIES Total Ite Location Quantity UIM Unit Price (Quantity_X_Unit_Cas m 1 5 FACILITIES MANAGEMENT 12 Monthly S 3, 336 . IO $ q0, O33.5b BUILDING 6 MARINE PATROL BUILDING 12 Monthly S 1 , 166 60 S 13, 9crq, Re FIRE STATION#2 (RESCUE 7 BUILDING) (SUPPORT 12 Monthly S 11331 qZ 5 ( b 1 0555 . Co SERVICES) MIAMI BEACH POLICE NORTH- 12 Monthly S 15-66 28 S 1 a IA 5-,LI O 8 END SUBSTATION (NESS) I OCEAN RESCUE 9 HEADQUARTERS (10TH 12 Monthly S I1 564 28 S ) 8 qcis .90 STREET) 10 PUBLIC WORKS YARD 12 Monthly S 31969 . 13 $ 1-{1, 7 6`I. 6 o 11 NORTH BEACH BUILDING 12 Monthly S 11062.`46 $ 121(22-9 .'50 DEPARTMENT OFFICE 12 MIAMI BEACH EMERGENCY 12 Monthly S 1� DS2 yb S I21 62q-Sb 1 155 of 2719 MANAGEMENT (EOC) T T 3 FIRE STATION#2 (ADMIN 12 Monthly S 2 , 1gy_2_61 $ 26i331.st BUILDING) MIAMI BEACH POLICE 14 DEPARTMENT (MBPD) 12 Monthly S 3L 336 90 $ H I2 MZ- So (INCLUDING POLICE GARAGE) 15 HISTORIC CITY HALL 12 Monthly 5 6-1334. 3 3 $ 644, 011 - o° 16 FLEET MANAGEMENT FACILITY 12 Monthly $ I, 33}. 92 $ 161 o`,Y oO 17 ELECTROWAVEBUILDING 12 Monthly $ 1,In--qt $ !b, o5S-w 18 SANITATION ADMINISTRATION 12 Monthly S t 532}.9 2 S 1,6 05 — 0° BUILDING 19 SANITATION AREA(17TH 12 Monthly $ 111 66 t4 5 I31 9c19. p STREET GARAGE) 20 MBPD SPECIAL INVESTIGATION 12 Monthly $ S 3 s . `SI S 1 01 otb 12- UNIT $ (z 62 21 MBPD INTERNAL AFFAIRS 12 Monthly $ 1, 052 j i 9. 5't7 22 MBPD SOUTH OFFICE 12 Monthly $ 9`l9 69 S //7 3 qb. 32— ZONE3 CITY CENTER FACILITIES Total Ite Location Quantity UIM Unit Price (Quantity X Unit_Cos m 23 1755 MERIDIAN OFFICES 12 Monthly $ 746f$. 00 $ q/2q/b , Gb 24 1701 MERIDIAN OFFICES 12 Monthly S yf • -63 .92- $ r-J,lb/• 00 25 CITY HALL 12 Monthly $7 big 00 $ q,1 y/X. 00 26 CODE COMPLIANCE OFFICES 12 Monthly 5 /f 316• bt3 S 151/ 8ii0•/S' ZONE 4 RECREATION I COMMUNITY CENTER FACILITIES Total Ite Location Quantity UIM Unit Price (Quantity_X Unit_Co- m 27 SOUTH POINTE PARK 12 Monthly 5 3/ 96y t 13 S 1177 %9. 60 RESTROOMS 3RD STREET RESTROOMS 28 (MAJORY STONEMAN DOUGLAS 12 Monthly $ 3 09 13 S Li-p b 60 PARK) 29 6TH STREET RESTROOMS 29 Monthly 5 7t ibj. 27. S �S 97 b . ZO (LUMMUS PARK) 30 10TH STREET RESTROOMS 12 Monthly S �/ I b I ZTh S D 5 R?5" Zp (LUMMUS PARK) i7 / 3 156 of 2719 31 14TH STREET RESTROOMS 12 Monthly $;)b I '2 g. $ 15 q3 5-, 2.0 (LUMMUS PARK) 32 21 ST STREET RESTROOMS 12 Monthly $ 3,q 64 13 $ 144 , c 4 60 33 35TH STREET RESTROOMS 12 - Monthly $ 3 . 13 $ y pq L 0 34 46TH STREET RESTROOMS 12 ' Monthly $ go. (3 $ in c9. 60 (INDIAN BEACH PARK) 35 53RD STREET RESTROOMS 12 • Monthly $ 3/6N 13 $ 9. gq-0 (BEACH VIEW PARK) /L 36 64TH STREET RESTROOMS 12 • Monthly $ 3,9bk. (3 $ e 51 q-6e (ALLISON PARK) 72ND STREET RESTROOMS 37 (UNIDAD BUILDING EXTERIOR 12 Monthly $a1 (1'a-.10 $ a 516q6 4 o RESTROOMS) 38 76TH STREET RESTROOMS 12 Monthly $ 3gb4 a 13 $ 141. 5-el `6a ' ° (ALTOS DEL MAR PARK) 81ST STREET RESTROOMS 39 (NORTH BEACH OCEANSIDE 12 Monthly $ -4-1 b I . t?- $ 95y 1135•ZO PARK RESTROOM#1) 83RD STREET RESTROOMS 40 (NORTH BEACH OCEANSIDE 12 Monthly $ q1 16( �. $ g 61 q'15.7A PARK RESTROOM#2 85TH STREET RESTROOMS 41 (NORTH BEACH OCEANSIDE 12 Monthly $ � )b1 .24 $ g5,�i3 5—• 20 PARK RESTROOM#3 42 ART DECO WELCOME CENTER I 12 Monthly $ 3, 0 5b.6j $ 36, LOG .to 10TH STREET AUDITORIUM z $ 3( 608 DD 43 CANOPY PARK 12 Monthly $ 3 — ' - 12 Monthly $ , 1&4 e4 $ 1?, gel 9 10 45 FAIRWAY PARK PAVILION 45 FA Y BUILDING12 Monthly $ 1,s e 2,8 $ /8i 39S-tin A FLAMINGO PARK - 12 Monthly $ -viol .(3 $ 47,5�iq ea 46 BASEBALL FIELD RESTROOMS FLAMINGO PARK- Monthly 12 $ $ 0 47 NEHMAN FIELD HOUSE31964.13 4R-15b0! 6 (PARK RANGER OFFICE) FLAMINGO PARK- ROBERT L. MICHNOFF 12 Monthly $ 330/W 13 $ 41 tr 6D MEMORIAL FIELD HOUSE (DAY CARE) 49 FLAMINGO PARK- FOOTBALL 12 Monthly $ 3, q64 j? $ Li -, Qa. 60 4 157 of 2719 FACILITY FLAMINGO PARK- PAL- 50 POLICE ATHLETIC LEAGUE 12 Monthly $ 7 161 .2-4- $ B clans-. 20 BUILDING 51 FLAMINGO PARK - POOL 12 Monthly $ 3 Rq. 13 $ La 1 s q. 60 FACILITY 52 FLAMINGO PARK -TENNIS 12 Monthly $346u. 13 $ / 1 - i . 40 CENTER (INTERIOR) FLAMINGO PARK- ADMINISTRATION BUILDING I 53 SOFTBALL FIELD RESTROOMS 1 12 Monthly $ ? 16? 2;3.- $ 85f c �- 20 TENNIS RESTROOMS (EXTERIOR) 54 PARKS MAINTENANCE TRAILER 12 Monthly $ Il 33 .-92 $ 16 i Kr o0 55 GREENSPACE TRAILER 12 Monthly $ $ I b t oc5 , us) (DOUBLE-WIDE) h33� `fZ 56 GREENSPACE 1 PARKS 12 Monthly $a, 4 •25 $ a 9 , --in.00 MAINTENANCE WAREHOUSE 57 MAURICE GIBE PARK PUBLIC 12 Monthly $316H , 13 $ (41-1 569.60 RESTROOMS 58 MUSS PARK BUILDING 12 Monthly $ 5•33'-t. 33 $ 6y, 012 no 59 NORMANDY ISLE PARK I POOL 12 Monthly $ , I6?- 24- $ Ic,, 455. 20 60 NORTH SHORE PARK YOUTH 12 Monthly $ 61244. $o $ -Hi CENTER 61 NORTH SHORE PARK TENNIS 12 Monthly $ t, , oq.SS $ )3, 31u. 60 CENTER 62 UNIDAD BUILDING 12 Monthly $ I,908 8.3 $ 2 1C106 .,o 63 NORTH BEACH OCEANSIDE 12 Monthly $ J, S66. ZS $ I gl ?45 • go PARK TRAILER SCOTTRAKOWCOMMUNITY 12 Monthly $ 4;t47 -So $ 64 YOUTH CENTER 4, in 3 6 0 65 SCOTT RAKOW COMMUNITY 12 Monthly $ ZSba.40 $ WZ O8A 90 YOUTH CENTER POOL 1/ l 66 SCOTT RAKOW COMMUNITY 12 Monthly $ O,Rf8.2o $ I bg-, g$$ .40 YOUTH CENTER ICE RINK 67 SOUNDSCAPE PARK TRAILER B 12 Monthly $ ), bgo yn- $ ?DiI4c. 60 RESTROOM BUILDING 68 SOUTH SHORE COMMUNITY 12 Monthly $ 3,cat.a- $ 34 6b9, . OD CENTER SOUTH SHORE COMMUNITY gat IB / 69 CENTER EXTERIOR 12 Monthly $ $ 0,5944.10 RESTROOMS 5 158 of 2719 70 SOUTH POINTE PARK 12 Monthly $ ' t'39-.q'L $ I b i o JS - 60 MULTIPURPOSE BUILDING 71 STILLWATER PARK BUILDING 12 Monthly $ 1, 166,0 $ 11iggq 3D 72 TATUM PARK BUILDING 12 Monthly $ iti&,h .6(.1 $ 17 qqc) 33-) 6 159 of 2719 ZONE 5 PARKING GARAGES Total Ite Location Quantity UIM Unit Price (Quantity_X_Unit._Cos i m 73 7TH STREET PARKING GARAGE 12 Monthly S ((„I Z+ $ R5, 935.20 74 12TH GARAGE STREET PARKING 12 Monthly $ 3f by i 3 S Li 2/ 50 6 0 75 13TH STREET PARKING 12 Monthly $ S GARAGE S� 2- 66/�SZ y� 76 16TH STREET PARKING 12 Monthly $ Z? 5 E5 GARAGE (ANCHOR GARAGE) i H b l , �?3 5 . 2Q 77 17TH STREET PARKING 12 Monthly S 13(555,53 S ) 4 6,00 GARAGE 78 PENNSYLVANIA PARKING 12 Monthly S S 5-62 4o 5 L 4•t2 4° GARAGE / 79 42ND STREET PARKING 12 Monthly $ A1361 .gg 5 76043 S'D GARAGE 80 SUNSET HARBOUR PARKING 12 Monthly S 575t2 S 66 1 q'v2 I& GARAGE 81 1755 MERIDIAN PARKING 12 Monthly $ 639s, Zq S '7( -7y6 4y GARAGE ! 82 COLLINS PARK GARAGE 12 Monthly S 63,61 .17 sq6 / .y3• go 83 CONVENTION CENTER GARAGE 12 Monthly S %-f . i 1 $ q.1 5(,g , L 9 SPECIAL EVENTS 1 HIGH-IMPACT WEEKENDS, OR AS-NEEDED SERVICES Ite Unit Price Description UIM for Service m 84 STEAM CLEANING OF CHAIRS PER UNIT inn 85 STEAM CLEANING OF SOFAS PER UNIT Ilirn STRIP AND WAX FLOORS (that PER 86 are not already included as part of SQUARE S 0,1S monthly, quartedy. annually etc. FOOT scheduled services SCRUB AND RECOAT FLOORS PER 87 (that are not already included as SQUARE S 0 ,6q part of monthly, quarterly, annually FOOT etc. scheduled services 88 POST CONSTRUCTION PER $ CLEANUP (i.e. REMOVAL OF SQUARE U by HEAVY DUST. WIPE DOWN FOOT 7 160 of 2719 FIXTURES/FURNITURE, VACUUM CARPETS, CLEAN AIR VENTS) ADDITIONAL SERVICES (INCLUDING HIGH-IMPACT PER $ 42-1 89 WEEKEND AND SPECIAL HOUR 4 EVENTS) S 161 of 2719 Comract Ao. 24-032-02 EXHIBIT C LOCATION STAFFING HOURS 32 162 of 2719 FACILITY LOCATIONS SERVICE LEVELSCHEDULE lateaklebeitehe ID 33 12 la 14 MAN Cal) 20 ,..II.e.,, ..aai� 1.._o�.,. _...... v Axd ........... ...y sc...n.... ar �vurw.v Y.dwYn I-' IS 163 of 2719 FACILITY LOCATIONS SERVICE LEVELSCHEDULE „--.. ..... •e Sad StI1616 kantavaavrptt.mom arras Paon warm,21 .eue: a am:- Da, - ^ ssfsr „e - e I ; uesal • otnSemenneFort•ridemlithacemsemnrol.exeen II 3°3333."333'33 C33"3 33.3 ay. wet ee cNe:savet:Nfieee ec e3 rs • 3 33'333"3'3'33 42 e r simnel an ete:We ] co.',1 :we...Lk:awl, ir.e D,ta. e3 (A:vet:ran •• .-.1„ m sum /at Ima 666a WON „XL Cat& via • Olswn aatgkon Ia, Wv- at et es ae -2•6 atlf‘alia P.. RM./a ,MalleeT11 4vaa laatav aa a a tat,ave va-aa v 1,46 Savetti au aar ye tala e 66..na va, „ara at, v a 47 larvainra 16ft WthvVIea F•614.46,66,96066•6frivel v .13.66, Y avo „ s aaiv'a a taw at,va• av,er aa Onvara avaa„ *.naval „vaatSeaaae-v,a- vv,,,..`,6 .„a 646,660.64 TOM a 146,66661•640VMF•dd alA•PS/C.1 Dea a JO • 6 Lat 6a a tat,Te v. a6a„ as a tv 56.4va atv„v„ Cot, a vata 6 „„ „e -aa•e „„ 69 tIO.Vaa06 Pmet Earls;V.* Sa aav -Lay ata, a at',Iva la,.M13 a 6 avaa ad 6/6,a Pa,a a 6ea 6to ato-66 Idv .6-6 at s a aa • • fUrvvvIarh 65.61116,6 aaaque N.16. '"X”- at•e 6„, alral a.6,3 66„ • alIo.eva PM Pao F0164064(64,rata!“64.End aftlItiamaj " Da a Ma to rvaa P6Vavaa. O,tad, 66 a a tv t6 ace al a6v e6„6„.ea a ao al ".. "? „ 3IC.....- tem.' „ „5 5.5-a ..... rot.. rs v 24, ✓ 'I..-,..3C, 164 of 2719 FACILITY LOCATIONS SERVICE LEVELSCHEDULE w sweat.ww.wwwwwwwww ww ww.7..7 ua +a-.7 yaw.ww wawa.Law, sway.,way. al way,wer•Cory.rwmw(way y % .a:..UN ERR CONSTRUCTION .TM...�.,.�..� o.:....,.... int IC 42.d,1Sdrd4.nd.rd.. OW..xs.. ... . ., ,_�. 165 of 2719 Contract No. 24-0.32-02 EXHIBIT D ANTI-HUMAN TRAFFICKING CERTIFICATION Affidavit of Compliance with Anti-Human Trafficking Laws RFP-2024-032-WG-JANITORIAL SERVICES Contract Number and Title Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be completed by an officer or representative of the nongovernmental entity executing, renewing, or extending a contract with a governmental entity. r Name of entity does not use coercion for labor or services as defined in section 787.06, Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing statement and that • the facts stated in it are true. Entity Name: Representative/Officer's Printed Name: Representative/Officer's Title: Signature: _. Date: 33 166 of 2719 Contract No 4 )32-IC EXHIBIT E PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT In accordance with Section 287.138, Florida Statutes. incorporated herein by reference, the undersigned, on behalf of Consultant, hereby attests under penalty of perjury that Consultant does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) Consultant is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in Consultant: or (c) Consultant is organized under the laws of or has its principal place of business in a foreign country of concern. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Consultant. CONSULTANT: a corporation. Name/Title: (Address) State of County of The foregoing instrument was acknowledged before me by means of E physical presOe2nce or by online notarization, this _ day of of a• as corporation, known to me to be the person described herein, or who produced as identification, and who didldid not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: 34 167 of 2719