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.
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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.
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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
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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.
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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 _ '.
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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'
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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
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BACKGROUND/HISTORY
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'I fe 5nd 1,4 yeri I r.nm lmr, -I,,
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75 of 2719
l d a tf term. t ` e lases o y
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ANALYSIS
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76 of 2719
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n
Cie: I .. E. :O _ t!. .l he i to- RCP . , _
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On Retrud 24 2024 ( I Mere-et ' C - .e T BS-
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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
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bur:
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FISCAL IMPACT STATEMENT
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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,
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CONCLUSION
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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.
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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"
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY. CITY OF MIAMI BEACH, FLORIDA
ATTEST
By:
Rafael E. Granado, City Clerk Eric Carpenter, City Manager
Date:
FOR CONSULTANT:
SFM SERVICES, INC.
By:
Print Name and Title
Date.
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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.
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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)
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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.
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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.
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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.
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• 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.
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( 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.
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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.
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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.
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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
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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
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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
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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
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( 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
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EXHIBIT C LOCATION STAFFING HOURS
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FACILITY LOCATIONS SERVICE LEVELSCHEDULE
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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
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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
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('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.
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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
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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
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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.
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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.
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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.
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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.
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(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,
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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
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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
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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.
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(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
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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
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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.
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granada City Clerk Eric Carpenter, City Manager
Date:
FOR CONSULTANT:
CLEAN SPACE, INC.
By:
Print Name and Title
Date:
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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).
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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).
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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.
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( 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.
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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'.
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('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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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IS
163 of 2719
FACILITY LOCATIONS SERVICE LEVELSCHEDULE
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164 of 2719
FACILITY LOCATIONS SERVICE LEVELSCHEDULE
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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