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HomeMy WebLinkAboutPSA Between CMB and Dynamic Integrated Security, Inc. for Security Officer Services Pursuant to RFP-2024-277-KB2o2-s- 3'3 saco PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DYNAMIC INTEGRATED SECURITY, INC FOR SECURITY OFFICER SERVICES PURSUANT TO RFP-2024-277-KB Contrwt No. 24-277-01 DEC 10 2025 This Professional Services Agreement ("Agreement") Is entered Into this 2day of IL L 2025 (*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 DYNAMIC INTEGRATED SECURITY, INC., a Florida corporation, whose address is 12510 West Atlantic Boulevard, Coral Springs, Florida 33071 ("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. Contract Administrator: 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 City's Police Department Chief. As of the Effective Date, the Chief of Police Is Wayne Jones. 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 Cwfiactor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP, No. 2025.277- KB for SECURITY OFFICER 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. 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. 5435; and fax number (305) 573-7023. DEC 1 0 2025 SCANNED ConVact No, 24-277-01 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Exhibit "A" attached hereto and incorporated herein, and as requested and/or assigned by the City's Contract Administrator (the "Services"). 2.2 Contractor's Services, and any dellverables Incident thereto, shall be completed in accordance with Exhibit "A' and the specifications of each request and/or assignment from the Contract Administrator, and this Agreement. 2.3 Non -displacement of Qualified Workers. Contractor shall offer a right of first refusal of employment to those service employees that are employed under the predecessor contract ("Predecessor Employees"), and whose employment will end as a result of the award of this Agreement. Any question concerning an employee's qualifications shall be decided based upon the individual's education, employment history, with particular emphasis on the Predecessor Employee's experience under the predecessor contract and employment screening processes. Contractor Is not required to offer employment to any Predecessor Employee who: (1) will be retained by the predecessor contractor; or (2) who the Contractor reasonably believes, based on the particular Predecessor Employee's past performance or employment screening, that said Predecessor Employee has failed to perform suitably on the job. In the event that the Contractor employs fewer service employees than the predecessor contractor employed In connection with performance of the Services, the Contractor need not offer employment under this Agreement to all Predecessor Employees under the predecessor contract, and instead may offer employment only to the number of qualified Predecessor Employees who Contractor reasonable believes will be necessary to meet its anticipated staffing needs under this Agreement. However, where Contractor does not initially offer employment to all of the Predecessor Employees, Contractor's obligation to offer a right of first refusal of employment shall continue for 90 days after the Contractor's first date of performance under this Agreement. Within one hundred twenty (120) days from the Contractor's first date of performance under this Agreement, the Contractor shall furnish to the City's Contract Administrator a certified list of the names of all Predecessor Employees working under this Agreement at the time the list is submitted. 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 option, 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. In the event that the Agreement is held over beyond the Term, It shall only be on a month -to - month basis and shall not constitute an implied renewal of the Agreement. Said month -to -month extension shall be upon the same terms of the Agreement and at the same compensation payment provided herein. Contract No. 24-277-01 SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be compensated In accordance with the fees established in Exhibit "B" attached hereto. Contractor shall maintain, for the entirety of any renewal period, the same cost, terms, and conditions included within this originally awarded Agreement. Continuation of the Agreement beyond the initial Term, and any option subsequently exercised, is a City prerogative and not a right of the Contractor. 4.2 COST ADJUSTMENTS. On or about the anniversary of each contract year, Contractor may request, and the City Manager may approve, a cost adjustment based on documented cost increases for the following contract year. Cost adjustments should be limited to changes in the applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of price increases. The Contractor's adjustment request must substantiate the requested increase. The City of Miami Beach, through its City Manager, reserves the right to approve a requested adjustment or may terminate this Agreement and readvertise for bids for the goods or services. 4.3 INVOICING Contractor shall invoice the City on a monthly basis for the prior month for which services have been rendered. 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 Payables at accountsoavablesOmismibeachfl.aov 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 for 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 Contract No. 24-277-01 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 CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR 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 CONTRACTOR, 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, 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. 6.3 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 6.1 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 shalt 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 instrumentalitles as herein provided. Connect No. 24-277-01 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 & PAYMENT AND PERFORMANCE BOND The Contractor shall maintain and carry In full force during the Term, the following insurance: 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 (11) a copy of a Certificate of Exemption. S. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal 6 advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. 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 $1,000.000 combined per accident for bodily injury and property damage. D. Umbrella Liability Insurance in an amount no less than $4,000.000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. 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 Contractors insurance. 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. 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. 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 Contract No. 24-277-01 Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considere&lf they are licensed and authorized to do insurance business in the State of Florida. 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. CERTIFICATE HOLDER ON ALL C01 MUST READ: CITY OF MIAMI BEACH clo 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: Certif icetes-miamibeach(Mriskworks.com 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 Contractor of its liability and obligation under this section or under any other section of this Agreement. 6.3 PAYMENT & PERFORMANCE BOND The Contractor shall execute and deliver to the City a Payment and Performance Bond, attached hereto as Exhibit "C' In an amount that represents 100% of the Contractor's offer price. The Payment and Performance Bond Form supplied by the City shall be the only acceptable form for the bond. No other form will be accepted. The completed form shall be delivered to the City within 15 calendar days after formal nofice of award. If Contractor fails to deliver the payment and performance bond within this specified time, including granted extensions, the City shall declare Contractor in default of the contractual terms and conditions, and Contractor shall surrender its offer guaranlylbid bond, and the Cary shall not accept any offer from Contractor, as vendor, for a twelve (12) month period following such default. The following specifications shall apply to any bond provided: All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, win the following qualifications as to management and financial strength according to the latest edition of Besfs Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Bond Amount Best Rating 500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000.000 A VII 51000,001 to 10,000,000 A VIII Over 10,000,000 A IX Contract No. 24-277-01 On contract amounts of $500,000 or less, the bond provisions of Section 287,0935, Florida Statutes (2007) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. The surety company is licensed to do business in the State of Florida; 2. The surely company holds a certificate of authority authorizing it to write surety bonds in this state; 3. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the solicitation is issued; 4. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 5. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out to the City of Miami Beach will be acceptable. All interest will accrue to the City of Miami Beach during the life of this contract and/or as long as the funds are being held by the City. The attomey-In-fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent. 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 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. Contract No. 24.277-01 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 Citys liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CAREICOMPLIANCE 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 anytime 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. Contractor shall maintain any and all such records Contract No. 24-277-01 at its place of business at the address set forth In the "Notices" section of this Agreement. City is responsible for any cost of audit unless the audit identifies overcharges that are greater than 5% of the total amount of the contract; in such event Contractor shall reimburse the City for those overcharges plus the cost of the audit. 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 perfomred by or on behalf of the City. (8) 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 of0cials 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. (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 Comma No. 24-277-01 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 o0ter clauses of this Agreement. In addition: 1. 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 vold. Contractor may subcontract to qualified security guards/firms, with the prior written approval of the City Manager, when requested to provide additional guards for special/major events or on an "as needed" basis. Should 01e Contractor provide security guards employed by a sub -contractor, the Contractor will be required to provide a Labor and Materials (Payment) Bond, in the amount of $100,000. The Contractor will also provide an Employee Dishonesty Bond In the amount of$25,000. Additionally, the City reserves the right to deduct payment(s) In an amount specified in the bid/contract documents for either non -qualified security guard, and/or for unsatisfactory performance in accordance with the specified Terms and Conditions of the RFP. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form FUR 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. 10 Con"a No. 24-277-01 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 discdminaflon In employment (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, 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 fine 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 Indirec6y, 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. 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, a 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 xa), 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 servioe. 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 11 Coavact No. 24-277-01 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 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 attomeys' 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 (1x1b) 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE CONTRACTOR'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 12 Contract No. 24-277 01 MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOO.MIAMIBEACHFL.GOV PHONE: 305.673-7411 10.8 LIVING WAGE REQUIREMENT Pursuant to Sections 2-407 through 2.410 of the Miami Beach City Code ("Living Wage Ordinance'), as same may be amended from time to time, Contractor shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: $13.01/hr with health benefits; or $18.45/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission, be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, Issued by the U.S. Department of Labor's Bureau of Labor Statistics, in which case Contractor shall be required to pay Its employees such adjusted Living Wage rate under this Agreement. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if It determines it would net be fiscally sound to implement same (In a particular year). Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, entitling the City to terminate this Agreement immediately, without further liability to the City, and/or may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Any payroll request made by the City during the Term shall be submitted electronically via the City's electronic compliance portal, LCP Tracker (LCPTracker.net). 10.9 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 (it) Is beyond the reasonable control of such party unable to perform the obligation, and (Ili) 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: (1) of the occurrence of event of Force Majeure, (it) 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 13 Contract No. 24-277-01 is a condition precedent to allowance of any relief pursuant to this section; however, renreipt of such notice shall not constitute acceptance that the event claimed to boa 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 carryout 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 limey 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 underthe 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. 10.10 E-VERIFY (A) To the extent that Contractor provides labor, supplies, or services under this Agreement, 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-Very 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 Securitys E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant. If Contractor enters Into a contract with an approved subconsultant, the subconsuhant must provide the Contractor with an affidavit stating that the subconsullant does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such 1EI Contract No. 24-277-01 affidavit for the duration of this 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, which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, 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 compiled with such subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subconsultant. Contractor's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. (3) A contract terminated under the foregoing Subsection (Bx1) or (BX2) 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 (Bx1) 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 (Bx1), 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. 10.11 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 Anti -Human Trafficking Affidavit, containing 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 "0". 10.12 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT Contractor 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, Contractor hereby certifies that Contractor is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 15 Contract No. 24-277-01 10.13 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE Contractor warrants and represents that, within two (2) years prior to the Effective Date, Contractor has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 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). 10.14 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Contractor 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 (Pit), unless the entry 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 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 Repubtic 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 Medium, 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. Contractor warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Contractor 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 All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed 16 Contract No. 24-277-01 by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Dynamic Integrated Security LLC Attn: Gavin Susman 12510 West Atlantic Boulevard Coral Springs, Florida 33071 Email: Gavin.SusmanOdvnamicinteoraled.nat TO CITY: Wayne Jones, Chief of Police MIAMIBEACH POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE 1100 Washington Avenue, Miami Beach, FL 33139 Email: WavneJonesGdmiamibgachg.aov 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 property provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction 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. SECTION 12 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. 122 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 parry'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. 17 Coned No. 24-277-01 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] 18 Do Uugn EMWOPa ID:]9CASE4783C-0Fg 31394750037F03E1 Conrrul No. 24-277-01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the dale first entered above. FOR CITY: ATTEST: Ref Granado, City Clerk DEC 10 2025 Date: FOR CONTRACTOR: 19 CITY OF MIAMI BEACH, FLORIDA By: Eric . Carpenter, 9ty Manager tINCDAp DAAiED;�; DYNAMIC INTEGRATED By: c1Co Dale: � 01;Z-1 2OZ-5 APPROVED AS TO FORM & LANGUAGE & FOR EXTION �J ✓Ill--- ��D�Cily Attorney WV Date Conox No. 24-277-01 EXHIBIT "A" SCOPE OF SERVICES 20 EXHIBITA SCOPE OF SERVICES A2. Statement of Work Requirements. The Contractor shall deploy the Security Officers, and provide all vehicles, and ancillary items listed herein, and further itemized on the Appendix B , Cost Proposal Form. The rates provided in Appendix B shall include all services necessary to fully invoice the City for the services provided, including the following: At a minimum, the contractor shall provide: A minimum of three (3), or as okieiwise required by the City, roving Level V Security Officers, equipped with a contractor -provided automobile on duty within the City limits of Miami Beach, at all times. The Level V Security Officers must be able to respond to any site within Ihidy (30) minutes. A pewriel list must be submitted in writing, Identifying the name(s) of each roving shift Level V Security Officers, and all security personnel under their supervision, toMte Cis Contract Administrator, or their designee. The City requires the Contractor provide a minimum of three (3) vehicles on a monthly basis, for a 24-hours per day, 7-days per week schedule, at no additional cost to the City. In order to cover various special events, an additional vehicle may be needed approximately fifteen (15) days per year. Written activity and incident reports, maintenance requests, visitor logs, and related documents, as dictated by the post assignment. Bidders who utilize web - based security officer reporfing software should submit system details under approach and methodology for consideration. A guard Tour System, which may include but not be limited to, "Deggy° or near field communications (°NFC") tags at contracted posts to ensure Security Officers are making required rounds at assigned frequencies and times. d. A weekly report, downloaded from Deggys, NFC tags, or other approved reporting system to the Citys Contract Administrator, or its designee. e. The location of the Deggy's, NFC tags, or other approved reporting system to the Contract Administrator or their designee for approval. f. The Contractor shall provide, at no added cost other than the rates proposed, a designated Contract Manager whose sole responsibility is to oversee the City of Miami Beach Contract, Supervision of any other else, contracts or personnel not specifically mentioned in this contract or authorized by the City of Miami Beach City Manager/designee is strictly prohibited. g. The Contractors designated Contract Manager shall meet with City representatives at least once a month or upon request, and conduct site visits at least twice a month or upon request, included in services at no additional cost. h. All uniforms, radios, firearms, rain gear, traffic vests, tools and equipment necessary to perform the required security services, in accordance with the bid documents. i. Uninterrupted services under all conditions, to include, but not limited to the threat or the actually of a strike, adverse weather conditions, a disaster, or emergency situations, at the agreed upon hourly contractual rate. j. Rules and Regulations Manual for Security Officers, and one (1) copy provided to the City's Contract Administrator. k. Designate the Project Manager to work with the Citys Contractor Administrator to review and/or develop Officer Post Orders for all locations where Security Officers will be utilized with the City of Miami Beach. I. A written, quarterly report of security incidents to the Citys Contract Administrator. m. As required by the Living Wage law, submit electronic payroll records for covered employees via the City's LCP Tracker, as requested by the City. n. Successful Firm shall provide, at no cost to the City, each Security Officer with a flashlight(s) to be worn on their person during every shift, as part of their issued uniform. In addition, the Successful Contractor will be responsible for advertising and recruling qualified Security Officers, training the Security Officers, preparing paychecks, payroll taxes, Social Security and withholding taxes, preparing W-2's, unemployment and workmen's compensation claims and liability insurance. The Successful Contractor will provide a Schedule of Values/Payment Schedule to the CAys Contract Administrator for review and approval, prior to the commencement of work. Any and all costs incurred in order to perform the Services required by the City of Miami Beach, shall be borne by the Successful Contractor. A3. Service Types. 3.1 Routine Work (Group A). The Contractor shall provide routine security services. The amount of service hours, officer levels, required service type and duties shall be determined solely by the City in its best interests. Contractor shall, at a minimum, provide Security Officers for the levels, locations and estimated weekly hours as indicated in Appendix D, Estimated Service Hours by Posl/Of ioer Levels. 32 Special or Emergency Events (Group 8). Al the Citys discretion additional Security Officers may be requested for special or emergency events. A "special or emergency event" is generally defined by the City as a temporary use on public or private properly that would not be permitted generally or without restriction throughout a particular zoning district, and may include any City declared emergency and other unplanned events. "Special or Emergency Events" do not include planned City events such as Federal Holidays, New Year's Eve, Memorial Day Weekend, Independence Day Weekend, and Labor Day Weekend. For planned events, the Contractor shall provide the required personnel at the "Routine Rate' contract price. For Special or Emergency Events, the contractor shall provide personnel at the "Special or Emergency Rate." Any Contractor personnel deployed under Special or Emergency Event circumstances, shall be converted to Routine Rates after three (3) calendar days or as agreed to by the Citys contract representative. In particular, the City has three major annual events for which additional Security Officers are needed. These events are New Years Eve, Spring Break (late -February through early -April) and Memorial Day. For New Years Eve, approximately 150 additional officer hours and two (2) additional vehicles have been utilized historically. For Memorial Day, the City has required an additional 4500 officer hours (non -supervisor and supervisor). For Spring Break, the City has required an additional 5,380 hours per week (Level 1 guard) and 384 hours per week (Level 5 Supervisors) to include 3-5 vehicles. In the event that the Contractor is not able to commit to the necessary coverage of a special event within a 60-day period of the commencement date or is unable to provide emergency coverage, the City reserves the right to seek alternative contractors for these services. Refer to Section 0200, FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022), Subsection No. 27 Non -Exclusivity. Security officers Level I and II (unarmed) are utilized for special events. No armed guards are utilized. Notwithstanding the above, upon approval of the City Manager, the City may negotiate with the Contractor for additional services or rates as dictated by the situation, at the City's sole discretion. 3.3 owe ime. No overtime for either regularly scheduled or special events will be paid by City of Miami Beach for security personnel supplied by the Successful Contractor, unless pre -approved in writing by the City of Miami Beach Contract Administrator, or its designee. A4. Locations. It is the intent of the City to award the provision of Security Officers for selected facilities as well as for other facilities as may be required by the City during the term of the contract. Security Officers are needed for a diverse number of posts within the City of Miami Beach to perform a variety of functions and duties. Posts include, but are not limited to, Lincoln Road Well, City Hall campus, various parking lots and garages, and the Normandy Shores Gatehouse. The City reserves the right to add or delete sites that need to be covered by Security Officer services. AS. Response Time. For routine requirements, Security Officers are generally required on the next calendar day. For special or emergency events, the Contractor shall have a qualified officer present and ready for duty within three (3) hours of request. The Citys contract representative and the Contractor may consider and agree upon alternative response times. A6. Personnel. The City shall approve all Contractor personnel prior to their assignment to the City. The City reserves the right to interview any prospective Contractor employee prior to the person being assigned to City assignment. The City additionally reserves the right to relieve: any Contractor employee from a duty assignment, aril/or bar the employee from further service under this solicitation. 6.1 Personnel Requirements and Services All personnel employed by the selected Bidder(s) to perform duties as a result of this solicitation shall be approved prior to performing said duties. Contractor personnel shall keep active, and possess at all times while on duty, those professional, technical licenses or certificates as required by all Federal and Florida State Statutes. This includes a company -issued photo I.D. Card. All are to be conspicuously displayed at all times while on duty. The selected Bidder shall provide in all instances radio equipped, uniformed Security Officers, and armed if requested, to provide security service at the designated locations. 6.2 Adherence to Law The selected Bidders) shall adhere to all Federal, State, and Local Laws that apply to the provision of Security Officer Services, as a result of this solicitation, as well as those laws that regulate the general public. This shall include, but not be limited to, compliance with Federal Tax Laws (e.g. payment of Federal Withholding Taxes) State of Florida Unemployment Taxes, Workers Compensation Federal Wage and Hour Regulations, Living Wage Ordinance and other applicable laws and regulations. 6.3 Background Checks Prior to assigning personnel to the City, the Contractor, at no cost to the City, shall perform background checks on its personnel which comply with, at a minimum, Section 1012.465, Florida Statutes. By virtue of submitting a proposal to this RFP, the Contractor fully indemnifies and holds the City harmless for any and all actions and damages resulting from its failure to comply with this requirement. Any findings shall be reported to the City, through its Human Resources Director, who shall have the ultimate discretion to allow or not any Contractor personnel on City property. Additionally, the City may require, at any time (including annual contract anniversary, change in assignment or any other instance for which an additional background check is deemed necessary by the City through its Human Resources Director), that any Contractor personnel submit to additional background screenings as deemed necessary by the City. The Contractor shall reimburse the City for the cost of said background check, plus an administrative fee of 10%), The City shall have the right to refuse to allow any Contractor personnel to work on City property when it deems that their presence on City property is not in the Ciys best interest. 6.4 Drug Testing Prior to assigning personnel to the City, the Contractor, at no cost to the City, shall perform and proposed personnel shall pass a drug test following the protocols outlined in 49 CFR, Part 40. The following pawl of ten drugs shall be tested for at the Successful Contractor's expense. Bidder shall bear all cost associated with the initial drug tests. Any findings shall be reported to the City, through its Human Resources Director, who shall have the ultimate discretion to allow or not any Contractor personnel on City property TM City current 1Ppanel drug test and culroetevels areas forms, 20111 Initial Test Land GCIMB ContrContritiont Test Level Ministered., 1000 nalinI SOD Went Bantryeases 300 OWN ViDnatel s3011 naund 150 MIMI coann. et 1 Ant n ana metabolite Anfrol Menhadone— 300 enhelI I Itardrarrusione "DO I In en !ml In Me use of an alcahol test, a reaull of slil or greater wnsputes a pressing resuh A ronfitmation breathalyser lest shag be adminlslerad IoMmng Me Initial test in iocordlnM With the praeedvies in Tab 49 Cade of Federal Regulations, Pad 40. 65 Minimum Licensure and Performance Requirements for All Levels of Security Officers (Group A&B1 a. Possess a valid Class "Or Security Officer license pursuant to F.S. 493. All officers shall maintain this license on their person at all times while providing service to the City under the Contract. It. Shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Resident/Alien Registration Receipt Card Form 1-151, or who presents other evidence from U.S. Citizenship and Immigration Services that employment will not affect hislher immigration status. Acceptable evidence shall consist of a birth certificate or appropriate naturalization papers. C. Shall have a valid State of Florida Driver's license. (Required if Security Officer is assigned to vehicular patrol (e.g. motor vehicles or golf cad). J. Shall be at least 21 years of age. e. Shall have a high school diploma or a GED. High school diploma or GED shall be from an accredited and verifiable institution. f. Successfully pass a test for drug and illegal substance use. g. Be able to communicate effectively in English (multilingual preferred). h. Ability to write a report in English. L Ability to communicate, provide information and directions in a courteous manner. j. Trained and certified in basic first aid and Cardiopulmonary Resuscitation (CPR). k. Trained in the use of Automated External Defibrillators (AEDs). 1. Physically capable of pursuing and detaining individuals who have committed criminal acts. M. Pass criminal background checks, FDLE and NCIC III. In addition, Security Officers .shall meet the specific requirements for each level as specified below: a. Security Officer Level I —An unarmed individual with a Class D license. Minimum one (1) year of experience as a licensed Security Office, b. Security Officer Level II — An unarmed individual with a Class D license. A minimum of two (2) years of experience as a Class D Licensed Security Officer or in the military or law enforcement. C. Security Officer Level III — An armed individual with Class D and Class G licenses. A minimum two (2) years of experience, either as Class D licensed Security Officer, Police Officer, or Military Police are required. it. Security Officer Level IV - An armed individual with Class D and Class G licenses. A minimum five (5) years of experience, as a Class D licensed Security Officer and two (2) years of experience as a Class G licensed Security Officer or five (5) years of experience as a Police Officer or Military Police are required. e. Security Officer Level V — An armed or unarmed individual with Class D and Class G licenses. A minimum of five (5) years of experience, either as a licensed Class G, Security Officer, Police Officer or Military Police are required. The individual shall have the ability to supervise, monitor, and regulate Security Officers with Class D and Class G licenses in their performance of assigned duties. This level of Security Officer may be a site supervisor when multiple Security Officers are required present at the same time, to coordinate Security Service efforts. 6.6 Security Officer Levels I -IV Duties 1. Report to work on time and remain on assigned post until relieved or as required. 2. Maintain a professional appearance. Uniforms shall be clean, pressed and include a name tag; shoes polished. 3. Maintain a courteous attitude to the public and City employees at all times. 4. While assigned to a fixed post, patrol of an area or a facility, detect and prevent Individuals or groups from committing acts injurious to others or to property. 5. Intervene to terminate injurious acts to persons or to property and detain individuals for further investigation or arrest in accordance the State of Florida's Security Officers Handbook (F.S.S. Chapter 493). 6. Communicate effectively wth the public and City of Miami Beach personnel to provide directions and assistance. 7. Conduct patrols in accordance to post orders. Where applicable, a guard tour system shall be used to record and report Security Officers' presence at designated posts. B. Raise and lower flags at designated limes where applicable. 9. Lock and unlock gales and doors at designated times. 10. Turn on and off lights as required. 11. Ensure that only authorized personnel are permitted access to closed or restricted facilities or locations. 12. Respond to reports of sick or injured persons and notify appropriate authorities. 13. Report safely hazards, malfunctioning equipment, spills and other such matters to appropriate individuals. 14. Monitor and operate fire alarm systems, intrusion detection systems and CCTV systems as required. 15. Respond to firelburglar alarms and emergency situations. Evaluate the situation and take appropriate action as prescribed in Post Orders and/or facility emergency procedurelevacuation plan. 16, Investigate questionable acts and behavior on City property. Question witnesses and suspects to ascertain or verity facts and notify appropriate authorities if warranted. 17, Operate a vehicle (bicycle, golf cart, motor vehicle) as required. 18. Maintain daily logs, prepare daily and incident reports. 19. Provide escorts to City employees and visitors to their vehicles when requested. 20. Perform any other duties or functions not specifically mentioned above, but which are identified as falling within the scope and responsibilities of a Security Officer's responsibilities. 6.7 Security Officers Level V Duties In addition to the duties listed above Level V Security Officers shall: 1. Patrol area of assignment and actively supervise all Security Officers under their command. 2. Ensure proper inventory of keys, electronic key cards and supplies. 3. Conduct daily inspections to verify all posts are manned and all Security Officers are fully equipped and in proper uniform. 4. Be knowledgeable of all Security Officer positions and duties. 5. Be knowledgeable of all City/County ordinances related to quality of life issues. 6.8 Personnel Probation All Security Officers working for the City of Miami Beach are subject to a thirty (30) day probation period. If during this probation period, the City of Miami Beach is not satisfied with the performance of a Security Officer, the City of Miami Beach will notify the Successful Contractor of such performance and the Successful Contractor will replace the Security Officer immediately. Additionally, the City of Miami Beach reserves the right to demand in writing that the Successful Contractor relieve an employee from a duty assignment, and/or ban the employee from further service under the contract, at the sole discretion of the City of Miami Beach. Personnel employed by the Successful Contractor are ineligible to work for the City of Miami Beach for the following reasons: a. Military conduct resulting in dishonorable or undesirable discharge. b. Any pattern of irresponsible behavior including, but not limited to, bad driving or employment record. 6.9 Limitation on Emplovee-Hours and Assignments No personnel assigned to the City shall provide more than twelve (12) hours of service, including all break periods, in any twenty-four (24) hour period, unless the work periods are separated by an eight (8) hour non -duty period. This limitation may be waived by the City in emergency situations that are beyond the control of the Contractor, (e.g, weather conditions, civil disturbances, natural disasters, etc.) which prevents the next shift from getting to their assignment. Each occurrence will require an individual waiver provided by the City. 6.10 Training Specialized training may be required to assume the duties and responsibilities of some posts within the City of Miami Beach. The cost for such training will be considered pad of the Successful Contractor's operational expenses and should be considered when proposing an overall houdy rate. While attending training, Security Officers must be paid at the City's living wage rate. Time spent in training, although required, is not billable to the City of Miami Beach. When required, Security Officers must successfully complete training prior to assuming duty under this contract. Written documentation of having successfully completed the training is to be included in the employee's personnel file. The Successful Contractor is required to ensure that all Security Officers providing traffic control and code enforcement services are certified by Miami Dade College -Southeast Institute of Criminal Justice at the North - Dade Campus. In addition, Security Officers providing traffic control and code enforcement services would be required to attend training provided by the City related to enforcing City of Miami Beach ordinance and codes. AT. Special Equipment As needed, at the request of the City, the Successful Contractor may be required to provide additional licensed and insured off-street motorized cads, Segway vehicles, and bicycles, at an additional cost, as identified in Appendix B, Cost Proposal Form.. The Successful Contractor may also be required by the City to provide Security Officers equipped with specialized equipment, including, but not limited to, firearms, Guard Tour systems, Body Cameras, hand-held metal detectors, x-ray screening of packages, walk-through metal detectors, K-9 detection services and other specialized technologies. Such posts or duty assignments shall be requested as needed, and where appropriate, the selected Bidder shall receive additional compensation. A8. Contractor Furnished hems The selected Bidders) shall provide all working materials necessary for proper performance including, but not limited to, items such bound log books, with prepdnted consecutive numbered and lined pages, notebooks, pens, and pencils. The selected Bidder, at no charge to the City, shall supply these materials, unless otherwise specified by the City. All post orders, logbooks, incident reports and records are the sole property of the City of Miami Beach. These records are subject to inspection by the City at any time. Upon termination of any contract issued as a result of this solicitation and all renewals thereof, the selected Bidders) shall surrender all records or documents (e.g., log books and incident reports) to the City within thirty (30) days of the contract termination date. A9. Communication The Successful Contractor will be responsible for the following: Hand-held Radios Tyro -way hand-held radios, licensed for use by the Federal Communications Commission (FCC), will be provided by the Successful Contractor to all on -duty contract Security Officers and supervisors as required, unless otherwise exempted by the City of Miami Beach Contract Administrator. Central Dispatch The Successful Contractor will maintain a centralized dispatching service base station manned by experienced personnel on a 24- hour per day basis, to include a recorded back-up system. A mobile Imnsmitledreceiver, operated by field personnel, will not be considered sufficient to adequately provide such service. Regardless of the physical location of the dispatch service offered, total in- building radio communication coverage within the City limits of Miami Beach is required. System Quality The Successful Contractor will at all times maintain high quality radio communications (transmitting and receiving). The Successful Contractor will be soley responsible for providing and maintaining required system quality, as follows: 1. The Successful Contractor will providellease a network of transceivers and repeaters of sufficient strength and capacity to service all areas of Miami Beach. 2, The Successful Contractor must providellease an exclusive radio frequency operated exclusively by the Contractor. Radios will have printout identification and emergency capability. 3. The Successful Contractor must implement a program of maintenance and repair for all equipment used in the performance of this contract. Such a program will ensure the optimum performance of all equipment at all limes, thereby allowing the system to meet the service requirements and quality standards specified above. 4. The Successful Contractor will ensure that all radio equipment has sufficient operating power at all times during a tour of duty. It is necessary for the Successful Contractor to implement a system by which fresh batteries, adequate supply of flashlights and charged radios are always ready and available. d. Evaluation of Radio Communications System All aspects of the Successful Contractor's radio communications system will be evaluated by the City of Miami Beach prior to award of Contract. Should the system be judged inadequate to provide service within the contractual standards specified herein, and the Successful Contractor is unable and/or unwilling to make changes deemed necessary by the City of Miami Beach, then the Successful Contractor will be considered non -responsive to the required Terms and Conditions of this Contract. Likewise, should there be a deterioration of performance during the term of this contract, and the Successful Contractor is unable or unwilling to make the required improvements, the City of Miami Beach may terminate, in accordance with the Termination for Default Clause of this Contract. The City of Miami Beads will address, in writing to the Contractor, anylall identified inadequacies of the required radio communications prior to any termination procedures. A10. Key Control The Successful Contractor will establish and implement methods of ensuring that all keys issued to the Successful Contractor by the City are not lost, or misplaced, and are not used by unauthorized person(s). No keys issued the Successful Contractor by the City will be duplicated. The Successful Contractor will develop procedures covering key control that will be included in his/her quality control plan, which will be submitted to the Citys Contract Administrator and Procurement Director. The Successful Contractor may be required to replace, re -key, or reimburse the City for replacement of locks or re -keying as a result of Successful Contractor losing keys. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the City and the total cost deducted from the monthly payment due the Successful Contractor. The Successful Contractor will immediately report a lost key the Cftys Contract Administrator, but no later than the nett workday. Ali. Uniforms All Security Officers furnished to the City of Miami Beach will be well-groomed and neatly uniformed. Each Security Officer supplied by the Successful Contractor will wear a nameplate bearing the guard's name. Successful Contracors name will appear either on guard's nameplate or as a patch on the Security Officers uniform. Uniforms will be readily distinguishable from the City of Miami Beach Police uniforms. Uniforms must be provided at the contractor's expense or may be charged to the employee (Security Officer), but must not be deducted from the employees' paycheck therefore reducing the hourly pay rate to less than the living wage rate. A1I. Photo identification Work hereunder requires Successful Contractors employees to have photo identification on their person at all times. The City of Miami Beach reserves the right to verify a guard's identify and required credentials. A13. Records The Successful Contractor will submit all invoices to the City of Miami Beach containing an itemized employee time record, to include the employee name and hours workedishifl, for the time period klenfif ed on the invoice. If applicable, the computerized printout from the guard tour system will accompany the weekly invoices. These printouts will be the same date and lime frame of the submitted invoices and submitted in a hard copy or digital (preferred) format. All correspondence, records, vouchers and books of account, insofar as work done under this Contract is concerned, will be open to inspection by an authorized City of Miami Beach representative during the course of the Contract and for a period of two (2) years after expiration of the Contract. Invoicing for special events separate from regular invoicing submittals. The Successful Contractor will maintain a personnel file for each employee employed under the Miami Beach contract At a minimum, this file will, include: Personal information of the employee, sexhacelDOBI and social security number. Copies of Florida Driver license, Class'D' Security Officer license and Class'G° Firearms License (if applicable). Copies or notification of all disciplinary actions taken by the Contractor or City of Miami Beach to include verbal or written warnings. Training records. Proof of successful Background Check and Drug Screening. The City reserves the right to perform an audit(s) of the Successful Contractor's payroll and related records of employees assigned to the City of Miami Beach, in order to ascertain that such employees' records correctly reflect payment received for the specific hours worked for the City. Such audits) will be at the discretion and option of the City. Successful Contractor will be required to provide any and all records in its possession which contain information concerning hours worked and payment received based on the Contractor's invoices to the City of Miami Beach. All required documentation and personnel files will be readily available for inspection by any authorized City of Miami Beach representative, during initial research and during the course of this Contract. Failure to have the required documentation will be deemed as non-compliance to the Terms and Conditions of the Contract. A14. Performance Penalties The selected Bidder(s) shall be liable for damages, indirect or direct, resulting from its failure to meet all contractual requirements or standards. The City, in its sole discretion, will determine the damages arising from such failure. The City assessment of all Liquidated Damages will be final. Repeated violations or patterns of violations will result in a doubling or tripling of the amount of Liquidated Damages. Subsequent violations will result in a Vendor Non -Performance. Any of these violations may result in selected Bidder's personnel being removed from the post andlor Contract issued as a result of this solicitation at the request of the City. A written notice of a violation and intent to impose liquidated damages shall be provided to the selected Bidder(s) in the form of an Infraction Report. Infraction Reports shall be issued to the selected Bidder(s) promptly by the City, in order to afford the Contractor time to notify the City of extenuating circumstances. The graduation of Liquidated Damages will occur with the involvement of the same facility, selected Bidder's personnel and a pattern of the same incidents at multiple posts (i.e. repeated violations of the same type). Any violations committed by selected Bidder(s)'s personnel may result in 0he suspension or removal from duty of said personnel at the discretion of the City. Violations that may result in the assessment of Liquidated Damages include, but are not limited to, the following; ManagementlAdministra0ve Violations ($100 per infraction): 1. Not property equipped for specific detail. 2. No radio or inoperative radio. 3. Failure to fix an inoperative guard tour system or system component. 4. Leaving a post unattended or failure to fill post assignment within one hour of a scheduled assignment or event. 5. Lack of contract supervision. 6. Excessive hours on duty (more than a 10-hour shift if not approved in advance by the Contract Administrator). 7. Utilization of a Security Officer previously suspended from duty by the Contract Administrator. 8. Failure to follow all Vendor Rules and Regulations. 9. Failure to comply with Living Wage payrolls. Security Officer Violations ($100 per infraction): 1. Unprofessional appearance or behavior. 2. Inappropriate behavior (reading, lounging, talking and texting on cell phone, etc.) 3. Failing to promptly prepare written reports. 4. Not completing required rounds. 5. Failing to follow post orders. 6. Failure to adhere to City of Miami Beach policies and procedures. Security Officer Significant Violations ($250.00): 1. Late for duty. 2. Sleeping on duty. 3. Abandoning post. 4. Failure to report an incident 5. Any action that would cause the City harm, physically, financially, or repulational. Once a violation is identified and written notification of intent to fine ('Contract Discrepancy Reporr) is issued to the Successful Contractor. The Successful Contractor will have seven (7) days to provide a written response to the Contract Repeated violations will be taken as proof of a general incapacity on the part of the Successful Contractor to perform in accordance with contract requirements. Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment At 5. Conservation of Utilities The Successful Contractor will be directly responsible for instructing employees in utilities conservation practices. The Successful Contractor will be responsible for operating under conditions, which preclude the waste of any/all utilities. A16. Licenses and Permits Successful Contractor will abide by all ordinances and laws pertaining to his operation and will secure, at his expense, all licenses and permits necessary for these operations. A17. Performance Evaluation Meetings The Successful Contractor will assign a Contract Manager to meet with the City of Miami Beach Contract Administrator regularly and as required. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings will be signed by the Successful Contractors Contract Administrator and the CitYs Contract Administrator, and a copy will be forwarded to the Procurement Director. Should the Successful Contractor not concur with the minutes, he will slate in writing to the Contract Administrator any areas wherein he does not concur. If for any reason, any Successful Contractor employee is terminated, the Contract Administrator will be advised in writing. A18. Service Excellence Standards Excellent Customer Service is the standard of the City of Miami Beach. As contract employees of the City, Security Officers will be required to conduct themselves in a professional, courteous and ethical manner at all times and adhere to the City's Service Excellence standards. A79. Post Order. Rules and Regulation Manual The City of Miami Beach will provide to Successful Contractor, for the duration of the contract, the Post Order and Rules and Regulation Manual. Changes to Post Orders, if needed, will be provided by the Contract Administrator through written addendum to these orders. All Security Personnel shall have access to these Post Orders and any updates at all times while on duty. This may be accomplished by storing the Post Orders on site or, in the instance in which no secure storage is available, delivering them to the site at the beginning of each tour of duty. Should the City elect to utilize the services of the Security Officers for code enforcement, the City will provide guidance, direction and specific training related to the enforcing of City of Miami Beach City ordinances and codes. Additionally, the City of Miami Beach reserves the right to have any Security Officer removed from Miami Beach posts for violations of the Post Orders. A20. Court Appearances The selected Bidder(s) personnel may be required to testify in various judicial proceedings on behalf of the City. These personnel shall coordinate all Contract -related court appearances with the City when such appearances are required. Any selected Bidder(s) personnel required to make a court appearance shall be remunerated by the selected Bidders) at the same hourly rate as would be earned while on duly under any Contract issued as a result of this solicitation and all extensions or renewals thereof, and the selected Bidder(s) shall in turn be remunerated by the City at the stipulated billing rate. The selected Bidder(s) shall invoice for the actual hours the employee spent at court, of whether or not his/her testimony was used and/or provided. (Court delays are common, and multiple appearances by the testifying employee may be required). A copy of the original subpoena shall be submitted with the corresponding invoice. Contract -related Court testimony on behalf of the City shall take priority over all other scheduled duties, and the selected Bidder(s) shall coordinate with the City to ensure that this is done with no impact to daily operations. Contractors personnel scheduled to rashly on behalf of the City, due to their Contract related duties, shall appear for court testimony in full uniform. However, the officer/employee must not appear with chemical weapons, batons, handcuffs or firearms, or other items normally prohibited by a courthouse. A21. Special Conditions 1. TERM OF CONTRACT. The ten of the Agreement resulting from this RFP shall be for an initial term of three (3) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for one (1) two-year renewal term or two (2) one-year renewal terms at the City Manager's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same cost, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative and not a right of the successful contractor. 3. COST ADJUSTMENTS. On or about the anniversary of each contract year, the contractor may request, and the city manager may approve, a cost adjustment based on documented cost increases for the following contract year. Cost adjustments should be limited to changes in the applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of price increases. The Contractor's adjustment request must substantiate the requested increase. The City of Miami Beach, through its city manager, reserves the right to approve a requested adjustment or may terminate the agreement and readventise for bids for the goods or services. 4. LIVING WAGE. Pursuant to Section 2-408 of the City of Miami Beach Code (as currently stated or as may be amended), covered employees shall be paid the required living wage rates (https://w .miamibeachfl.gov/city-halliprocuremenUprocurement-related-0rdinance-and- procedures/). Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal. S. ADDITIONAL SERVICES. Services not specifically identified in firs request may be added to, or deleted from, any resultant contract upon the contracting parties' successful negotiations and mutual consent and approval by the City Manager. 6. PROTECTION OF PROPERTY. The successful contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the responsibility of the successful contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the successful contractor, its employees, or agents. 7. LICENSES, PERMITS, AND FEES. The contractor shall obtain and pay for all licenses, permits, and inspection fees required for this project; and shall comply with all laws, ordinances, regulations, and building code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits, or fines shall be borne by the contractor. 8. EXAMINATION OF SITE RECOMMENDED. Prior to submitting its offer, it is advisable that the contractor visit the site of the proposed locations and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials, and or labor required. The contractor is also advised to examine carefully the specifications and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances ytlll be made because of lack of knowledge of these conditions. CHANGE OF CONTRACT MANAGER. A change in the Vendors contract manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved contract manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City contract manager). M I A M I B E AC H BXHIBIT B COST PROPOSAL PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3 1cor Miami Beads, Florida33139 www.miamiheachA.gcv REVISED APPENDIX B COST PROPOSAL FORM result in proposal being deemed non-reSpDnsive and being rejected. Bidder affirms that the prices slated on the cost proposal form below represent the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specffications 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 Cost Proposal Form (Appendix B) shall be completed in its entirety. All corrections on the Cost Proposal Form (Appendix B) shall be initialed. Bidder rates are to be inclusive of accounllcontracl manager(s) and any vehicles necessary for the successful Bidder(s) to carry out the duties of the contract with regard to administrative duties, personnel transport and account management. BIDDER MUST BID ON ALL LINE ITEMS IN GROUP A & BIN ORDER TO BE CONSIDERED RESPONSIVE. Group "a Description 'Annual UIM Proposed Rate Total Cosl in Estimated Quantities (b) (c) _ (a_X_c) (a) 1 Security Officer Levels 04177 3B6A0 Hourly $ 22.85 $2,380,444.45 2 Security Officer Level ll 388w Hourly $ 23.35 $ 2,335 3 Security Officer Level 111 4"" Hourly $ 24.35 $101,296 4 Security Officer Level IV 1 Hourly $ 24.35 1 $ 2.435 1 5 Security Officer Level V 38!1274 Hourly $25.35 $ 970,246.9 6 Bicycle — Monthly 8 Each $ 55 $ 440 7 Bicycle — Daily 30 Each $ 25 $ 750 8 Golf Cart —Monthly 4 Each $ 240 $ 960 9 Golf Cart Daily 15 Each $ 40 $ 600 Group A: Sub -Total (Routine Rates) $ 3,459,506.35 19 1 ADDENDUM NO.3 REU ESTFOR PROPOSAIS(RFP) N242770 FOR SECURITY OFFICER SERVICES M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 MedObn Avenue, 3wFleor Miami Beach, Fbdda 33139 w .mlamitieach8.gov Group B: Special or Em erg ency Rates"' Item Description ' nnual UIM Proposed Rate Total Cost Estimated Quantities (b) (c) _ (a_X_c) (a) 10 Security Officer Level 55> Hourly _ $ 23.66 $ 126,968 11 Security Officer Level ll 1 Hourly $ 24.10 $ 2.410 12 Security Officer Level 111 DO Hourly $ 25.10 $ 2,510 13 Security Officer Level IV Hourly $ 25.10 $ 2,510 14 Security Officer Level I Hourly $ 26.10 $ 20,880 15 Vehicle — Daily Rate 2 Each $ 70 $ 140 16 Bicycle —Daily Rate 4 Each $ 25 $ 100 17 Golf Cart —Daily Rate 2 Each $ 40 $ 80 Group B: Sub -Total (Special or Emergency Rates) $ 153,088 $ 3,765,682.35 Estimated quantities are for comparison purposes and are not guaranteed quantities. "The Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals. "'Special or Emergency Event circumstances, shall be converted to Routine Rates after three (3) calendar days, or as agreed to by the City's contract administrator. A IADDENDUM W.3 esojest FOR PROPT418 (WP) M4.211.Na FOR SECURITY CFFNIR SERVICES EXHIBIT C FORM OF PERFORMANCE BOND BY THIS BOND, We as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ J for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of 20_, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract ml FORM OF PERFORMANCE BOND (Continued D2 or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The tern "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20_ WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: Agent and Attomey-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract", THE CONDITION OF THIS BOND is that if Contractor: Pays City all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity, with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: Contractor (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20. IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attomey-in-Fact Address: (Street) (City/Stata/Zip Code) Telephone No.: D3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duty swom upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this _day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by m Contract No. 24-297-e1 EXHIBIT "D" ANTI -HUMAN TRAFFICKING AFFIDAVIT Affidavit of Compliance with Anti -Human Trafficking Laws RF13-2024.277-KB-Security Officer 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. Name of entity does not use coercion for labor or services as defined in section 787.08, Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. SfWRtf 1VC. Entity Name: 1,//16tM10 .141zrattC/ it Representative/Officer's Printed Name: J ^Ondbq �grf n 0 Representativ opfnc_er's ride: CEO SI aturw b Date; IGIZ41=6 23 Coauact No. 24-277-01 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 Contractor, hereby attests under penalty of perjury that Contractor does not meet any of the following criteria in Paragraphs 2(a)•(c) of Section 287.138, Florida Statutes: (a) Contractor 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 Contractor; or Contractor 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 Contractor. Cd•7:ii:ri ol][01 A Dynamic Integrated Security, Inc., a Florida corporation. 1 I 1 b3 fhonclbu HOrCnp ame/Tltl Ne��E (Address) Stateof i'\•r1 County of t�laaaaat The foregoing Instrument was acknowledged before me by mgans of 21 physical presence or ❑ onnline 11''notedzetan, this 2� day of [�C�be./ 2025 by ,\ypr\ KtAe 1 as CM of Dynamic Integrated Security, Inc., a Florida corporation, known to me to be the person described herein, or who produced �i.�2U `Irani as identification, and who did/did not take an oath. \ NOTARY PUBUQ4 1 I arrvra RUbae Notary Publk State of fbrida (Signature) Co HH582264 n - (j _ to raplr s 103/2@e My commission expires: 24