HomeMy WebLinkAboutPSA Between CMB and SECURITY ALLIANCE, LLC. for Security Officer Services Pursuant to RFP-2024-277-KB (2)Docusign Envelope ID: 326E03A6-4768-442D-9648-B903C6E540D2
Conanct No. 24-277-02
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
SECURITY ALLIANCE, LLC
FOR
SECURITY OFFICER SERVICES PURSUANT TO
RFP-2024.277-KB
This Professional Services Agreement ('Agreernerit') is entered into this. -day oN_ANy^-ft7
�2,G 2 ("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, 33,139 (the `City"), and SECURITY ALLIANCE,
LLC, a Florida limited liability company, whose address is 8323 Northwest 1211' Street, Suite 218,
Doral Florida, 33126 ("Contractor").
SECTION 1
DEFINITIONS
Agreement- This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager The chief adm nistrative 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 Contractor 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, issuec 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. 6435, and fax number (305':673-7023.
Zoe
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SECTION 2
SCOPE OF SERVICES
2.1 The Contractor shall serve as the secondary service provider. In consideration of the Fee
to be paid to Contractor by the City, Contractor shall provide the work and services described in
Exhibit "A" 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 deliverables 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 Nan -displacement of Clualified Workers. Contractor shad offer a right of first refusal of
employment to those service employees that are employed under the predecessor contract
("Predecessor Employees"), and wt-ose 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 oy the predecessor contractor, or (2) who the Contractor reasonably believes, based on
the particular Predecessor Employee's past performance or employment screening, that sold
Prf-'deUeSSUI Einployee 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 urder 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
Agreeme-it, 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
parlie5 hprpto (thA Fffpr.tivA nAiP. -.Pt forth on p. 1 hereof), and sl'aII have 2n initial term of three
(3) years, with one (1) two-year renewal option, to be exercised a: 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
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extension shall be upon the same terms of the Agreement and at the same compensation
payment provided herein.
SECTION4
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 rray 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 Contrac:or'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, payments; 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 accountsppLaptes@miamibeachfi.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, snall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its optior to
terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of
this Agreement, and shalt 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
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option a'td discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in Its best interest in order to enforce the City's rights and remedies against Contractor. The
City shall he 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 1-0 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.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor is placed
either in voluntary or involuntary bankruptcy or makes an assignrrent for the benefit of creditors.
In such event, the right and obligations for the parties shall be the same as provided for In
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers.
employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, anc 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, ornissions or other wrongful
conduct of the Contractor, its officers, employees, agents, contractors, or any other persor or
entity act ng 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 ,Agreerent. To that extent, the
Contractor shall pay all such claims and losses and shall pay all such costs and judgments which
may Issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including appeals
The Contractor expressly understancs and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees,
agents and instrumentalities as herein provided
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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
snail 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
nimber of employees and that they are not required to carry Workers'
Compensation insurance and do not anticipate hiring any additional employees
d.iring the term of this contract or (ii) a copy of a Certificate of Exemption.
B Commercial General Liability Insurance on an occurrence basis, including products
and completed operations. property damage, bodily injury and personal &
advertising injury with limits no less than $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 Wor�ers'
Compensation) arising out of work or operations performed on behalf of the Contractor including
materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's
insurance.
Notice of Cancellation — Each insurance policy required above shall provide that coverage s-lall
not be ca-icelled, 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 :he waiver of subrogation on the coverages required. However, this provision app ies
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
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Contract No. 24-277-02
Insurance Funds (re FWCIGA, FAJUA). Carriers may also be considered if 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 HOLDEk ON ALL COI MUST READ:
CITY OF MIAMI BFACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeach(cDriskworks.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 notice 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 guaranty/bid bond, and the City 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, with the following qualifications as to management and financial strength according to
the latest edition of Best's 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 5,000,0001
A
VII
5.000,001 to 10,000,000
A
VIII
Over 10,000,000
A
IX
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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 surety 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 requi,ed
by the Florida Insurance Coce 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 :he 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 Ifou 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 attorney -in -fact or other officer who signs a contract bond for a surety company must He 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 JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami -Dade County, Fonda. By entering
into this Agreement, Contractor and t-)e City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's Irab lity 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,OJ0.
Contractor hereby expresses its willingness to enter into this Agreement with Contractor's
recovery irom the City for any damage action for breach of contract to be limited to a maximirn
amount of $10,000.
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Accordirgiy, 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 upor the City's liability, as set forth in Section 768.28. Florida
Statutes
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS_; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Contractor shall comply with all applicable laws, ordinances,
and regulations of the City, Miami -Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS,• COPYRIGHT; CONFIDENTIAL FINDINGS
Any wor< product arising out of this Agreement, as well as all information specifications,
processes. data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Contractor, without the prior written consent of the City
Manager, excepting any information. records etc which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be subject
to any application for copyright or patent by or on behalf of the Contractor or its employees or
sub -consultants, without the prior written consent of the City Manager
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal business
hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessary, there shall be made available to the City Manager, and/or such representatives as
the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any
and all other documents and/or records relating to all matters covered by this Agreemert.
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 ano all such records
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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
tie Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on ail City contracts, throughout the duration of said
contracts This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspecto- General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliar ce 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 exaenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Contractor, :he 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 docurnents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and reco-ds
in the Contractor's possession, custody or control which n the Inspector General's sole
;udgment, 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 daeumentation for the aforesaid
documents and records.
(E) The Contractor shall make available at its office at all reasonable limes the records,
materials, and other evidence •egarding the acquisition (bid preparation) and performance
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cl this Agreement, for examination, audit, or reproduction, until three (3) years after final
f:ayment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Contractor shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement, and
ii The Contractor shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Contractor in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Contractor or third parties.
'10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
Contractor may subcontract to qualif ed security guards/firms, with the prior written approval of
the City Manager, when requested to provide additional guards for special/mayor events or on
an "as needed" basis.
Should the 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 PUR
7068, Sworn Staternent under Section 287 133(3)(a) rlorida Statute on f- ubiic 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 frorn
participation in, deny the benefits of, or subject to discrimination anyone on the; grounds of race,
color, national origin, sex, age, disab lity, religion, income or family status
im
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Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment (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 time to time; both of which are incorporated by reference as if fully set
forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which could conflict in any manner or degree with the performance of the Services.
Contractor further covenants that in the performance of this Agreement, Contractor shall not
employ any person having any such interest.
10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply wit-i 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 processnIg software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119,070, of the Florida Statutes, if the Contractor meets the definition
of "Contractor" as defined in Section 119.0701(1)(a), the contractor shalt,
(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 disclose_, 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 'he Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall destroy
any duplicate public records that are exemptor confidential and exempt from public
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records disclosure requirements. If the Contrac:or 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 compat ble with the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records re.ating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request.
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time
(2) Contractor's failure to comply with the City, 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 fads to provide the public records to the City within a reasonable
time may be subject to penalties under s *119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable
attorneys` fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the City and to the Contractor
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent- Such nnticPs 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
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Contract No. 24.27?-02
MIAMI BEACH, FLORIDA 33139
E-MAIL, RAFAELGRANADC.3OMIAMIBE_ACHFL.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 berefits; or $16.46/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 fo- all Urban Consumers (CPI-U)
Miami/Ft. Lauderdale, issued by the U.S Department of Labor's Bureau of Labor Stat!stics 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 not be f scally 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 pa-ty unable to perform the obl gation, and (iii) is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to :he
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, strona 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 :he
Agreement.
(E1) 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. (!) of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event The timely delivery of the notice of the occurrence of a Force Majeure event
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is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the ex;enl such obligations are not affected or are
o,ily partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Maje.rre
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein, Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Contractor of such termination If
the Agreement is terminated pursuant to this section, Contractor shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue
of, this Agreement In no event will any condition of Force Majeure extend this Agreement
beyond its stated term
10,10 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-Verify
Statute, commencing on January 1, 2021, Contractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Contractor shall expressly require any
subconsultant performing work or providing services pursuant to the Agreement to
likewise utilize the U S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant If Contractor
erters into a contract with an approved subconsultant, the subconsultant must provide .he
Contractor with an affidavit stating that the subconsultant does not employ, contract with,
or subcontract with an unauthorized alien. Contractor shall maintain a copy of such
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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 therea`ter
have or owe no further obligation or liability to Contractor.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Contractor otherwise complied with such
subsection, the City will promptly notify the Contractor and order the Contractor to
immediately terminate the 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 (13)(1) or (13)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Contractor or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1', or
(13)(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 (8)(1), Contractor may not be awarded a public contract for at least 1
year after the dale 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 "D".
10.12 PROHIBITION ON CONTRACTING WiTH A BUSINESS ENGAGING IN A BOYCOTT
Contractor warrants and represents teat 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 net currently engaged in, and for
the duration of the Agreement, will not engage in a boycott of Israel.
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10.13
7
(ontrao Nn N-277-02
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 (PII), unless the entity
provides the governmental entity with an affidavit signed by an officer or representative of the
entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity Is owned by a
government of a foreign country of concern; (b) the government of a foreign country of concern
has a controlling interest in the entity: or (c) the entity is organized under the laws of or has its
principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign
country of concern is defined in Section 287,138 (1)(c), Florida Statutes, as may be amended
from time to time, as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the
Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or
any other entity of significant control of such foreign country of concern. Additionally, beginning
July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity
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
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Contract No. 24-277-02
by U S Certified Mail, return receipt requested, postage prepaid or by a nationally recognized
overnight delivery service.
Until chenged by notice, in writing, all such notices and communications shall be addressed as
follows.
TO CONTRACTOR: Security Alliance, LLC
Attn: William A. Murphy
8323 NW 12" St. Suite 218
Doral, Ft- 33126
Email:t>iltntoJsecurr[yallrarrt:rtruL uia_ctatri
TO CITY: Wayne Jones, Chief of Police
MIAMIBEACH POLICE DEPARTMENT
OFFICE OF THE CHIEF OF POLICE
1100 Washington Avenue, Miami Beach, FL 33139
Email: WayneJones@miamibeachfl._gnv
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-equested, hand delivered, or by
overnighl delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address 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
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendrnert, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written docurnent executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any tern or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be,
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any prove=_ion 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.
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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 ail rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other
12.5 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations', agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of Vie date first entered above.
FOR CITY:
T: ATTES YA
Rafael (Sranado, City Clerk
Date: IS1202G
rc
FOR CONTRACTOR,
19
CITY OF MIAMI BEACH, FLORIDA
By: 06ML
Eric T. Carpenterl City Manager
SECURITY ALLIANCE, LLC
By:
L
Print Name and Title
kate:
fl_�.JA��
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney z ?V Date
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Contract No. 24-277-02
EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT A
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 otherwise 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 Securty Officers must be able to
respond to any site within thirty (30) minutes. A personnel 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, to the Citys 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.
b. 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 reporting software should submit system details under
approach and methodology for consideration.
A guard Tour System, which may include but not be Imited to, "Deggy" or near
field communications ("NFC°) tags at contracted posts to ensure Security Officers
are making required rounds at assigned frequencies and times.
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d A weekly report, downloaded from Deggy's, NFC tags, or other approved reporting
system to the City's 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 sites, 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 Contractor's 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 City's Contractor Administrator to
review and/or develop Officer Past 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 City's 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 Frovide, 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 recruiting 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
Docusign Envelope IDK6E03A6-4768-442D-9648-8903C6E540D2
to the City's 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
arnount 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 Post/Officer Levels
3.2 Special or Emergency Events (Group 8). At the City's 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 property 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 Ev?nts" do not include planned City events such as Federal
Holidays, New Years 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 City's contract
representative.
In particular, the City has three major annual events for which additional Security Officers
are needed. These events are New Year's Eve, Spring Break (late -February through
early -April) and Memorial Day. For New Year's 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 Ne. 27 Non -Exclusivity.
Security officers Level I and 11 (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.
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3.3 Overtime, 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 o`her 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 Miarri Beach to perform a variety of
functions and duties. Posts include, but are not limited to, Lincoln Road Mall, 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 de covered by Security Offices
services.
A5. 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 City's 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, and/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 L.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 Bidder(s) 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. Tills 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.
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63 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 City's 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 panel 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
Docusign Envelope ID: 326E03h6-4768-442D-9648-6903C6E540D2
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6.5 Minimum Licensure and Performance Reauirements for All Levels of Securi
Officers (Group AW
a. Possess a valid Class "D" Security Officer license pursuant to F.S, 493, All officers
shall maintain this Dense on their person at all times while providing service to the
City under the Contract
b. 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 his/her 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 cart),
d. 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.
i. 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).
I, Physically capable of pursuing and detaining individuals who have committed
criminal acts.
m. Pass criminal background checks, FDLE and NCIC III
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In addition, Security Officers shall rneet the specific requirements for each level a:
specified below:
a Security Officer Level 1- An unarmed individual with a Class D license Minimurr
one (1) year of experience as a licensed Security Officer.
b Security Officer Level 11 - An unarmed individiai 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, Po ice Officer, or Military Police are required.
d. 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 -heir 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
l 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 with the public and City of Miami Beach personnel to
prnvide dirt?ctinn5 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.
8. Raise and lower flags at designated times where applicable
9. Lock and unlock gates 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
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facilities or locations.
12 Respond to reports of sick or injured persons and notify appropriate authorities.
13, Report safety 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 fire/burglar alarms and emergency situations. Evaluate the situation
and take appropriate action as prescribed in Post Orders and/or facility emergency
procedure/evacuation plan,
16, Investigate questionable acts and behavior on City property. Question witnesses
and suspects to ascertain or verify facts and notify appropriate authorities if
warranted.
17 Operate a vehicle (bicycle, golf cart, motor vehicle) as required
1& 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.
i . Patrol area of assignment and actively supervise all Security Officers under their
command.
2. Ensure proper invertoy 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 cf 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.
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6.9 Limitation on Employee -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 part of the Successful Contractor's
operational expenses and should be considered when proposing an overall hourly 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 tie 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.
A7. 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 carts, 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 Items
The selected Bidder(s) shall provide all working materials necessary for proper performance
including, but not limited to, items such bound log books, with preprinted 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
Docusign Envelope ID 326E03A6-4768-442D-9648-B903C6E540D2
inspection by the City at any time. Upon termination of any contract issued as a result of this
solictation and all renewals thereof, the selected Bidder(s) 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. Conurlunication
The Successful Contractor will be responsible for the following:
Hand-held Radios
Two-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 recorder
back-up system. A mobile transmitter/receiver, operated by field personnel, will not be
considered sufficient to adequately provide such service. Regardless of the physica
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:
The Successful Contractor will provide/lease a network of transceivers and
repeaters of sufficient strength and capacity to service all areas of Miami Beach,
The Successful Contractor must provide/lease an exclusive radio frequency
operated exclusively by the Contractor Radios will have printout identification and
emergency capability.
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 times, thereby allowing the
system to meet the service requirements and quality standards specified above.
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.
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
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to the required Terms anc 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 Beach will address, in writing to the Contractor, any/all
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
persan(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 City's 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 City's Contract Administrator; but
no later than the next workday.
A11. 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 Contractor's name will appear either on guard's nameplate
or as a patch on the Security Officer's 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.
Al2. Photo Identification
Work hereunder requires Successful Contractor's employees to have photo identification on their
person at all times. The City of Miami Beach reserves the right to verify a guard's identity 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 worked/shift, for the time
period identified 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 time frame of the
submitted invoices and submitted in a hard copy or digital (preferred) format
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All correspondence, records, voucrers 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, sex/race/DOB/ 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 audit(s) 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 frorn 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 and/or 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 tme 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 pests (i.e. repeated violations of
the same type) Any violations committed by selected Bidder(s)'s personnel may result In the
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,
Management/Administrative Violations ($100 per infraction)-
t . Not property equipped for specific detail
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2. No radio or inoperative radio.
3, Failure to fix an inoperative guard tour system or system coiiponent.
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.
S. 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
Admi,iistrator,
3. Failure to follow all Vendor Pules and Regulations,
3 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 reputational.
Once a violation is identified and written notification of intent to fine ("Contract Discrepancy
Report") is issued to the Successful Contractor. The Successful Contractor Wll 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.
A15lConseryation of Utilities
The Successful Contractor will be directly responsible for instructing employees in utilities
conservation practices. The Successful Contractor will he 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
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A17. Performance Evaluation Meetings
The Successful Contractor will assign a Contract Manager to meet with the City of Miami Beacr
Contract Administrator regularly and as required. A mutual effort will be made to resolve ai
problems identified. The written minutes of these meetings will be signed by the Successfu
Contractor's Contract ,Administrator and the City`s Contract Administrator, and a copy will be
forwarded to the Procurement Director. Should the Successful Contractor not concur with the
minutes, he will state in writing to the Contract Administrator any areas wherein he does nol
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.
A19, 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 Bidder(s) at the same hourly rate
as would be earned while on duty 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 Contractor's personnel scheduled to testify on behalf of the City, due to their Contract
related duties, shall appear for cour. testimony in full uniform. However, the officer/employee must
not appear with chemical weapons, batons, handcuffs or firearms, or other items normally
Docusign Envelope ID: 326E03A6-4768.442D-9648-6903C6E54OD2
prohibited by a courthouse
A21. Special Conditions
1. TERM OF CONTRACT. The term 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
p1ce increases. The Contractor's adjustment request must substantiate the requested
ircrease. The City of Miami Beach, through its city manager, reserves the right to approve a
requested adjustment or may terminate the agreement and readvertise for bids for the goods
o- services.
4. LIVING WAGE. Pursuant to Section 2-408 of the City of Miami Beach Code (as currently
slated or as may be amended), covered employees shall be paid the required living wage rates
(httpsalwww.miamibeachfl.gov/cty-hall/procurementtprocureme-it-related-ordinance-and-
procedures/). Any payroll request made by the City during the contract term shall be completed
electronically via the City's electronic compliance portal.
5. ADDITIONAL SERVICES. Services not specifically identified in this 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 Bach. 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
right 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 tar this project; and shall comply with all laws,
ordinances, regulations. and bui ding 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
Docusign Envelope ID: 326E03A6-4768-442D-9648-B903C6E540D2
which may In any manner affect the work to be done or affect the equipment, materials ana 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 will be
made because of lack of knowledge of these conditions.
CHANGE OF CONTRACT MANAGER. A change in the Vendor's 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 cuntiact nlariager ul 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 Re.
the City contract manager).
10. PERFORMANCE & PAYMENT BOND. Within ten (10) calendar days of request
from the City, the Contractor shall furnish a Performance Bond and a Payment Bond
from an A -rated Financial Class V Surety Company,
10.1 Bond shall be in the amount of one hundred percent (100''1Q) of the
Contract Price guaranteeing to City the completion and performance of the
work covered in such Contract as well as full payment of all suppliers
laborers, or subcontractors employed pursuant to this Proiect.
10 2. Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of
the Contract sumgr an additional bond shall be conditioned that Contractor
will, upon notification by City, correct any defective or faulty work or materials
which appear within one year after Final Completion of the Contract.
10.3, Bond shall be recorded in the public records of Miami -Dade County and
provide the City with a recorded original or certified copy of the Bond.
9.
Docusign Envelope ID: 32GE03A6-4768.442D-9648-B903C6E540D2
CU11(Lw( Nu. 24-277=02
EXHIBIT "B"
COSTPROPOSAL
21
Docusign Envelope ID: 326E03A6-4768442D-9648-B903C6E540D2
Best and Final Offer (BAFO)
M. I AM I 10*34E A CH
Cost Proposal Form
Request for Proposals (RFP)
K a I My
Security Officer Services
PROCUREMENT DEPARTMENT
1755 Meticlian Avenue, 30 Floor
Miami Beach, Florida 33139
Docusign Envelope ID: 326E03A6-4768-442D-9648-B903C6E540D2
A O
COST PROPOSAL E02M
Bidder affirms that the prices stated on the cost proposal form below represent the entire cost of the items in full
accordance vdith the requirements of this RFP, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales, material
prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed
herein and has been exercised by the City Manager in advance 'The BAFO Cost Proposal Form shall be
completed in its entirety. All corrections on the BA.FO Cost Proposal Fomi shall be initialed. Bidder rates are to
be inclusive of account/contract managers) 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 CROUP A & 8 IN ORDER TO 8E CONSIDERED RESPONSIVE.'
Ite
m
RoutineGroup A:
Description
*Estimated Ulm
Quantities
a b
Proposed Rate Total Cost
i
(c) _ a_X c
1
Security Officer Level 1
30,000
Hourly
$ 24.15 $ 724,500.00
2
Security Officer Level II
30,000
Hourly
S 24.60
S 738,000.00
3
Security Officer Level ill
8,700
Hourly
$ 26.85
$ 233,595.00
4
Security Officer Level IV
12,500
Hourly
S 27.25
S 340,625.00
5
Security Officer Level V
21,500
Hourly
$ 29.45
S 633,175.00
6
Bicycle - Monthly
8
Each
$ 115.00
$ 920,00
7
Bicycle — Daily
30
Each
$ 27.00
$ 810.00
8
GolfCart— Monthly
4
Each
S 265.00
$ 1,060.00
9 Golf Cart, Daily
l5
Each
Group A.Sub-Total
S 45.00 $ 671r,00
(Routine Rates $ 2,673,360.00
Docusign Envelope ID: 326E03A6-4768-442D-9648-B903C6E540D2
Group
8: S •ecial or Emergenc R
tes
*Estimated
Quantities
(a)
U/M
(b)
Proposed Rate Total Cost
(c).
ern
Description
10
Security Officer Level 1
1,000
Hourly
S 33.33
S 33,330.00
j 11
Security Officer Level 11
1,000
Hourly
S 33.95
$ 33,950.00
12
13
Security Officer Level 111
Security Officer Level IV
250
500
Hourly
S 3T05
S 9,262.50
Hourly
S 37.61
$ 18,805.00
14
Security Officer Level V
500
Hourly
S 40.64
35,512.00
15
Vehicle — Daily Rate
2
Each
S 85.00
S 170.00
16
Bicycle — Daily Rate
4
Each
S 27,00
S 108.00
17
Golf Carl — Daily Rate 2
Group B: Sub
Each 5 45.00
-Total (Special or Emergency RateAs�i
S 90,00
131,227-50
' Estimated quantifies are for comparison purposes and are not guaranteed quantities.
"'Special or Emergency Event circumstances, shall be converted to Routine Rates after three (3) calendar says, or
as agreed to by the City's contract administrator.
Contractor Name (print)'
Security Alliance, LLC
Contractor Signature:__-,
Date: 1IM10025
Docusign Envelope ID 326EO3A6-4768-442D-9648-B903C6E54OD2
EXHIBIT "C"
PAYMENT & PERFORMANCE BOND (SAMPLE)
2?
Docusign Envelope ID 326E03A6-4768-442D-9648-B903C6E540D2
10]
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 ($_ ) 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 Curltractui.
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 furn,shed under the Contract for
the time specified in the Contract, then THIS BONG 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
Docusign Envelope ID. 326ED3A6-4768-442D-9648-B903C6E640D2
FORM OF PERFORMANCE BOND (Continued)
�D2J
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 term "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 property 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.
By _
Agent and Attorney -in -Fact
Address
(Street)
(City/State/Zip Code)
Telephone No.:
Docusign Envelope ID: 32SE03A6-4768-442D-9648-B903C6E540D2
FORM OF PAYMENT BOND
BY THIS BOND, We
Principal, hereinafter called Contractor, and
as
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.
1 Pays City all losses, liquidated damages, expenses, costs and attorney's 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 SUBJECI-. HOWEVER, TO
THE FOLLOWING CONDITIONS:
2 1. A claimant, except a laborer. who is not in anvity 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
Docusign Envelope ID. 326E03A6-4768-442D-9648-B903C6E540D2
2A. 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
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
20
Contractor
(Name of Corporation)
By
(Signature)
(Print Name and Title)
day of 20
INSURANCE COMPANY.
By.
Agent and Attorney -in -Fact
Address.
(Street)
(City/State/Zip Code)
Telephone No. _
Docusign Envelope ID: 323E03AG-4768-442D-9648-B903C6EE-40D2
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, certify that I am the
Secretary of the corporation narned as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Pavment 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 duly sworn 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
Contract No. 24-277-02
EXHIBIT "D"
ANTI -HUMAN TRAFFICKING AFFIDAVIT
Affidavit of Compliance with Anti -Human Trafficking Laws
RFP-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 787.06,
Florida Statutes.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true.
i
Entity Name: Sccu rl ty A I i Q(ce LL-C
Representative/Officer's Printed Name:
Representative/Officer's Title: piCSldet�+
I
Signature:
23
A. M Urphy
Date: U �S
(`ontract No. 24-277-02
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 (c) 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.
CONTRACTOR:
Security Alliance, LLC, a Florida limited liability company.
' 5323 NW !Z"'ST� �Zl$. Lbrul, F�.3312b
ame!Title: - cs%der1-t- (Address)
State of FlICIVIdcL
County of MVAMi -Dade.
The foregoing instrument was ackn wledged before me by means of �:] physical presence or 11
onli�n��QQnota ization, this day of A icn/ 2025 by
VJr� �W+'tltC as C 2 � , of Security Alliance,
LLC, a Florida limited lia ility company, known to me to be the person described herein, or who
produced as identification, and who did/did not take an
oath.
NOT Y PUBLIC:
(Signature)
(Print Name) r
My commission expires
;gip•• .."'�:.: RANIERROaUE
My COMMISSION X HH 214373
EXPIRES: May 6, 2026