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2008-26859 ResoRESOLUTION NO. 2008-26859 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.04-07/08, FOR JANITORIAL SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOLLOWING FIRMS:1.) VISTA BUILDING MAINTENANCE SERVICES, INC., 2.) DIAMOND CONTRACT SERVICES, INC., AND 3.) OMARCIO CLEANING SERVICES, INC.; FURTHER OR AGREEMENTS WITH THE FIRM(S) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT(S), UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS, FOR AN AMOUNT NOT TO EXCEED $1,257,986.64 ANNUALLY. WHEREAS, on October 17, 2007, the Mayor and City Commission approved the issuance of a Request for Proposals (RFP) for Janitorial Services; and WHEREAS, RFP No. 04-07/08 was issued on November 19, 2007, with an opening date of January 18, 2008; and WHEREAS, BidNet and RFP Depot issued bid notices to 24 and 1,038 prospective firms, respectively, while at least 59 prospective firms viewed the RFP documents, which resulted in the receipt of seventeen (17) proposals; and WHEREAS, the City Manager, via Letter to Commission (LTC) No. 057-2008, appointed an Evaluation Committee (the "Committee") which convened on May 8, 2008, to evaluate, score, and rank the proposals; and WHEREAS, on March 6, March 25, and April 10, 2008, respectively, the Committee convened to evaluate and shortlist proposals in accordance with the criteria set forth in the RFP; and WHEREAS, on May 8, 2008, the Committee convened to evaluate, score and rank the shortlisted proposals in accordance with the criteria set forth in the RFP; and WHEREAS, the Committee recommended that the City Manager negotiate an Agreement with the top-ranked firm of Vista Building Maintenance Services, Inc., and to negotiate with the second-ranked firm of Diamond Contract Services, Inc. should negotiations with the top-ranked firm be unsuccessful; and WHEREAS, the City Manager has reviewed and performed his own due diligence relative to the RFP and proposals and recommends that, based on the shortlisted proposers selected by the Evaluation Committee, that the Administration be authorized to negotiate an agreement or agreements with Vista Building Maintenance Services, Inc.; Omarcio Cleaning Services, Inc.; and Diamond Contract Services, Inc. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 04-07/08, for Janitorial Services, and authorize the Administration to enter into negotiations with Vista Building Maintenance Services, Inc.; Diamond Contract Services, Inc.; and Omarcio Cleaning Services, Inc.; and further authorize the Mayor and City Clerk to execute an agreement or agreements with the selected firms, upon completion of successful negotiations. PASSED and ADOPTED this 16thday of July , 2008. AT EST: CITY CLERK Robert Parcher A OR Matti Herrera Bower APPROVED A3 TO FORM & LANGUAGE ~ FOR EXECUTION ,~ .~ ~ Q~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the Recommendation of the City Manager, Pursuant to Request for Proposals (RFP) No. 04-07/08, for Janitorial Services; Authorizing the Administration to Enter Into Negotiations with Vista Building Maintenance Services, Inc., Diamond Contract Services, Inc., and Omarcio Cleaning Services, Inc.; Further Authorizing the Mayor and City Clerk to Execute an Agreement(s), Upon Conclusion of Successful Negotiations, for an Amount not to Exceed $1,275,771.36 Annually. Ke Intended Outcome Su orted: Ensure Well-Maintained Facilities Su ortin Data Surve ,Environmental Scan, etc. The 2007 Miami Beach Customer Service Survey indicates 81 % of residents and 77% of business rated the a earance of the Cit 's ublic buildin s as either excellent or ood. Issue: Shall the Ci Commission ado t the Resolution? Item Summary/K@COmmenaaLlOn: During the City Commission meeting on October 17, 2007, the City rejected all bids related to Invitation to Bid (ITB) No. 30-06/07 for janitorial services because the bids received were not offering the value or outcomes that matched the prices submitted. At Property Management's request, a Request for Proposals (RFP) was issued as RFP No. 04-07/08 emphasizing a work plan developed by the Contractor linked to performance measurements with penalty clauses for non- performance of work. The project's scope of work was also refined to address the specific needs for the City's facilities and parking garages. Based on the scores and rankings of the Committee members, Vista Building Maintenance Services, Inc. was unanimously selected the top-ranked firm. Through due diligence, the City Manager recommends that based on the five (5) shortlisted vendors selected by the Evaluation Committee, that Diamond Contract Services, Inc., Omarcio Cleaning Services, Inc., and Vista Building Maintenance Services, Inc. be awarded facilities based on the lowest bid amongst them. Best's Maintenance and Janitorial Services, Inc. was not considered given its past performance with the City in addition to Honor Cleaning, LLC, due to its inability to demonstrate its ability to meet the City's expectations. The Parking Department has requested that the contract for the parking garages be awarded to Vista Building Maintenance Services, Inc. In reviewing the options for providing services to the garages, the lowest bid proposal was so low as to be financially unrealistic to meet the City's expectations successfully. As an example, Diamond submitted an aggregate proposal of $100,041 to service all six garages annually while Omarcio and Vista's proposed costs were $371,781 and $376,951 respectively. Although Omarcio had the lower aggregate price, the Parking Department Administration recommended awarding all six garages to Vista based on the company's demonstrated experience, financial resources, personnel, and equipment resources available that would enable them to sustain a contract of this size and scope. the negotiated contract amounts and authorize executi Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: ~~ $858,795.72 Prop. Mgmt. 520-1720-000325 2 $213,579.60 3 $85,033.56 4 $78,338.40 5 $7,391.16 6 $7,760.32 7 $7,760.32 8 $7,760.32 9 $9,351.96 OBPI Total $1,275,771.36 Park.12,13,17,42 Parking 7 St. Gai Parking Anchor G Fire PW -Water PW -Sewer PW - Stormwater 480-0463-000325 142-6976-000325 463-1990-000325 011-1210-000325 425-0410-000325 425-0420-000325 427-0427-000325 480-0462-000325 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Robert Halfhill, ext. 2984 I Department Director I Assistant Citw'i~lenaaer I Citv Matteaer I ~ GL FB ( RCS ~ JMG T:WGENDA\2008\June 25\Regular\RFP 04-07-08-Janitoria - mmary.doc m MIAMIBEACH ~-fiENDA tT~M la? G- DATE 7't'b -0~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~/ DATE: July 16, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.0407/08, FOR JANITORIAL SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH VISTA BUILDING MAINTENANCE SERVICES, INC., DIAMOND CONTRACT SERVICES, INC., AND OMARCIO CLEANING SERVICES, INC.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT(S), UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS, FOR AN AMOUNT NOT TO EXCEED $1,275,771.36 ANNUALLY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. CONTRACT FUNDING Funding will be provided from the following FY 08/09 accounts: $858,795.72 Property Management - 520-1720-000325 $213,579.60 Parking 12th Street, 13th Street, 17th Street and 42nd Street Garages - 480-0463-000325 $85,033.56 Parking - 7th Street Garage - 142-6976-000325 $78,338.40 Parking - Anchor16th Street Garage - 463-1990-000325 $9,351.96 Parking Sign Shop - 480-0462-000325 $7,760.32 Public Works -Water - 425-0410-000325 $7,760.32 Public Works -Sewer - 425-0420-000325 $7,760.32 Public Works - Stormwater - 427-0427-000325 $7,391.16 Fire - 011-1210-000325 $1,275,771.36 Total ANALYSIS During the City Commission meeting on October 17, 2007, the City rejected all bids related to Invitation to Bid (ITB) No. 30-06/07 for janitorial services .because the bids received totaling $1,023,513 were not offering the value or outcomes that matched the prices submitted. At Property Management's request, a subsequent Request for Proposals (RFP) was issued as RFP No. 04-07/08 requiring performance measurements and outcomes with penalty clauses for non-performance of work while modifying the scope of work to more clearly address the specific Commission Memorandum -RFP 04-07/08 -Janitorial Services July 16, 2008 needs for the City's facilities and parking garages. SCOPE OF SERVICES The purpose of this RFP is to establish a contract, by means of sealed Proposals, for a qualified provider of janitorial services. The Contractor shall provide all supervision, administrative and technical support, labor, subcontractors, materials, supplies and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective completion of all services described herein. The Contractor shall be fully responsible for providing customer service, quality control and all other services listed herein. Unless otherwise specified, the Contractor will determine how often the work is to be performed, how much labor is needed to perform the tasks, what methods will be used to complete the job and which supplies, materials and equipment are needed. The results of the work performed under this contract will conform to the Quality Requirements and the Public Area Cleanliness Index. These performance-based specifications express the City of Miami Beach's requirements in the form of Quality Requirements. These work requirements are provided as the City of Miami Beach's best gauge of the minimum quality standards to be met. The City Contract Coordinator will ensure through daily or periodic inspections that these minimum standards are met or exceeded. The goal of this RFP is to select a Janitorial Contractor(s) that can provide the following: • Ability to perform • Cost • Past Performance • References • Support Infrastructure • Financial Strength TERM OF CONTRACT The services detailed are to be performed for the City on a contractual basis for a minimum of two (2) years with three (3) additional one (1) year mutually-agreeable renewal options. SERVICES REQUIRED All City facilities except for parking garages to be serviced are described in Attachment A. With the exception of work ordered under the additional services provision of the contract, all work shall be performed within the normal five, six or seven day week observed by the building occupants, City holidays excluded, as specifically approved by the Contract Coordinator and the Property Management Director, or designee. The Contractor shall maintain the building(s) listed herein in a "CLEAN" condition. Through innovation, technology, or other means, the Contractor shall perform the required cleaning services in order to meet the quality and performance standards at frequencies determined by the Contractor. The Contractor shall provide sufficient supplies, materials, and equipment to adequately maintain the premises at an acceptable level of cleaning consistent to comparable industry standards for this type of contract. The Contractor shall also be responsible for all toilet paper, paper towels, hand soaps and other consumables required to maintain restrooms and shower facilities located Citywide. Commission Memorandum -RFP 04-07/08 -Janitorial Services July 16, 2008 The definition of "CLEAN" will be to remove dirt, dust, water streaks, film, gum, grease, tar, stains, mold, scuffmarks, or any other extraneous matter from all surfaces or objects in order to present an overall appearance of cleanliness. (For more information, please refer to the "Quality Expectations" sections for both City facilities and parking garages.) Performance will be based on the Contract Coordinator's, or his designated representative's evaluation, of performance and quality results, not the frequency or method of performance. In regards to the parking garages, the Contractor shall be responsible for providing labor, supervision, insurance, machinery and equipment, trucks and any other tools, equipment, accessories, and things necessary to meet the City's standards and criteria based on the "Cleanliness Index" of a level two (2) designation as set forth herein. QUALITY CONTROL PLAN (QCP) The Contractor shall establish a complete Quality Control Plan (QCP) to assure that the requirements of the contract are provided as specified. The QCP shall be a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the Contract Coordinator inspector's point out the deficiencies. The program shall include, but not be limited to the following: • An inspection system that is tailored to the specific building(s) covered under the terms of the contract, and which covers all services specified in the contract specifications. • The Contractor will devise a checklist for use during the regularly scheduled and unscheduled QCP inspections. The checklist used must be signed and dated by the inspector at the time the inspection is completed. Identify all personnel who will be performing QCP inspections by name, title, and type of inspection each is authorized to perform. The person who actually performed the work being inspected shall not perform Quality Control Inspections. • A system to ensure that the Contractor's employees are notified of deficiencies found in their areas of responsibility; that the noted deficiencies are corrected (if possible); and that these employees are counseled/retrained as necessary to ensure that deficiencies do not recur. • The Contractor shall maintain a local file of all inspections conducted by the Contractor or his/her employees, including the corrective actions taken. This documentation shall be made available to the Contract Coordinator during the term of the contract. A copy of these inspection reports shall be submitted to the Contract Coordinator or his/her representative upon completion of the inspection process. The Contract Coordinator may compare inspections performed by the Contractor's inspectors against the actual condition which exist at the point in time. A system to ensure that the Contractor's employees are counseled/trained to ensure unnecessary office lighting is OFF when appropriate to enhance energy conservation efforts RFP PROCESS RFP No. 06-07/08 was issued on November 19, 2007, with an opening date of January 18, 2008. A Pre-Proposal Meeting to provide information to firms submitting a proposal was held on December 20, 2007, which resulted in the issuance of the following addenda: • Addendum 1 -November 30, 2007; • Addendum 2 -December 19, 2007; • Addendum 3 -January 9, 2008; Commission Memorandum -RFP 04-07/08 -Janitorial Services July 16, 2008 Addendum 4 -January 11, 2008; Addendum 5 -January 14, 2008; and BidNet and RFP Depot issued bid notices to 24 and 1,038 prospective firms, respectively, while at least 59 prospective firms viewed the RFP documents, which resulted in the receipt of the following seventeen (17) proposals as outlined in the bid tabulation in Attachment B: • Atlanta Building Maintenance, Inc.; • Best's Maintenance and Janitorial Services, Inc.; • Bright Maintenance, Inc.; • Chi-Ada Corp.; • Citywide Cleaning Services, Inc.; • Cleaning Systems, Inc.; • Diamond Contract Services, Inc.; • German's Maintenance Service, Inc.; • Green Earth Environmental, Inc.; • Honor Cleaning, LLC; • Hugo Cleaning Services, Inc.; • Omarcio Cleaning Services, Inc.; • SFM Services, Inc.; • Stockton Maintenance Group, Inc.; • Sunshine Cleaning Systems, Inc.; • United Services, Inc.; and • Vista Building Maintenance Services, Inc. The City Manager, via Letter to Commission (LTC) No. 057-2008, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Robert Halfhill, Property Management, Division Director; • Miguel Beingolea, Parking, Parking Operations Manager • Carlos DaCruz, Parks and Recreation, Office Associate V • Howard Zeifman, Police, Sergeant • Maria Elena Negrin, Resident and Graduate of the Leadership Academy The Committee unanimously nominated Carlos DaCruz as Committee Chair. The Committee convened on March 6, March 25, April 10, and May 8, 2008, to evaluate, shortlist, score, and rank the proposals based on the evaluation criteria stated in the RFP. On March 6th, the Committee shortlisted the Proposer list to nine (9) before shortlisting again on March 25th to five (5) Proposers during which Committee members conducted site visits to several locations listed by the shortlisted Proposers. The shortlisted Proposers presented their proposals on April 10th at the Committee's request. The Committee deliberated on May 8th and produced its recommendation to the City Manager. The Committee based its recommendation on the factors stated in Section IV of the RFP: • Quality of Proposed Technical Proposal Scoring Weight: 35% • Maintenance and Support Scoring Weight: 30% • Financial Strength and References Scoring Weight: 10% • Cost Scoring Weight: 25% Commission Memorandum - RFP 04-07/08 -Janitorial Services July 16, 2008 The Committee's final scoring was as follows: Firm ' Carlos Da Cruz Bob Halfhill Miguel Bein olea Howard Zeifrnan_ Maria Elena Ne rin Total Vista 98 1 91 1 95 1 98 1 94 1 476 Diamond 79 3 86 2 85 2 91 2 73 2 414 Best's 83 2 63 5 66 3 65 3 62 4 339 Honor 46 5 65 4 60 4 60 4 64 3 295 Omarcio 58 4 70 3 54 5 40 5 39 5 261 Based on the scores and rankings of the Committee members, Vista Building Maintenance Services, Inc., was unanimously selected -the top-ranked firm. Each Committee member confirmed for the record his or her approval of the rankings. Therefore, a motion was made by Carlos DaCruz, and seconded by Howard Zeifman, to recommend to the City Manager to negotiate an Agreement with the top-ranked firm of Vista Building Maintenance Services, Inc., and to negotiate with the second-ranked firm of Diamond Contract Services, Inc., should negotiations with the top-ranked firm be unsuccessful. On June 24, 2008, the Procurement Division received a protest from attorney Kent Harrison Robbins representing Hugo Cleaning Services, Inc. (see Attachment D). Mr. Robbins stated that Hugo Cleaning Services, Inc. was wrongfully eliminated based on misinformation shared during the Evaluation Committee meetings. The City Attorney's OfFce responded on July 9, 2008, stating that the protest failed to demonstrate how Hugo was eliminated by the Evaluation Committee's actions and rejected Hugo's protest (see Attachment E). CITY MANAGER'S RECOMMENDATION While the Committee's recommendation may represent an easier model for contract administration, the City Manager recommends that awarding janitorial services to various Proposers would allow the City to, in most cases, accept the lowest bidder and meet janitorial service performance measurements and outcomes. Even though this approach will cause a higher level of contract management, the cost reduction is significant enough to warrant the change from the Committee's recommendation. The contract cost under this approach amounts to $1,275,771.36 whereas the Committee's recommendation to award Vista a citywide contract would cost $1,560,927.60. A difference of $285,156.24. In addition, the new approach to service provision, in which outcomes are more clearly defined and matched to used needs, provides the City with a better cost/benefit correlation. The new approach provides more assurance to the City that for dollars spent, value will be received. While the Committee recommended one proposer, through due diligence, the City Manager recommends that based on highest ranked of the shortlisted proposers selected by the Evaluation Committee, that Diamond Contract Services, Inc., Omarcio Cleaning Services, Inc., and Vista Building Maintenance Services, Inc., be awarded facilities based on the lowest bid amongst them. Best's Maintenance and Janitorial Services, Inc., was not considered given its past performance with the City in addition to Honor Cleaning, LLC, due to its inability to demonstrate its ability to meet the City's expectations. Of the three (3) companies remaining, the City Manager recommends that those facilities funded Commission Memorandum - RFP 04-07/08 -Janitorial Services July 16, 2008 through the General and Utility Enterprise Funds be awarded to the lowest bidder. The following list provides each facility and the lowest proposed bid: Facilit Pro osed Pro oser 21 sc Street Communit Center $33,600.00 Omarcio 225 2 Street Buildin $1,648.80 Diamond 555 Buildin $23,941.08 Vista 777 Buildin Cit Hall Annex $44,652.00 Omarcio Bass Museum $44,400.00 Omarcio Beach Patrol Office $9,408.00 Omarcio Cit Hall $124,530.72 Vista Fairwa Park $6,869.76 Diamond Fire Station No. 2 -Fire Su ort Services $7,391.16 Diamond Flamin o Park Baseball and Football Stadium $14,817.00 Vista Flamin o Park Pool $16,530.36 Diamond Flamin o Park Restrooms $11,367.36 Vista Historic Cit Hall $20,400.00 Omarcio Marine Patrol Office & Public Restroom Facilit $18,252.00 Omarcio Muss Park $7,299.12 Diamond Normand Shores $7,871.64 Diamond Normand Shores Guardhouse $3,406.32 Diamond North Beach Police Substation $8,461.92 Diamond North Shore Recreation Center $77,008.80 Vista Oceanfront Auditorium $8,652.00 Omarcio Parkin De artment O erations Buildin PE Fund $9,351.96 Vista Parks Maintenance Facilit $7,394.52 Diamond Police Athletic Lea ue $31,143.00 Diamond Police Station $168,374.40 Vista Pro ert Mana ement Office & Maintenance Facilit $15,084.84 Diamond Public Works O erations Buildin UE Fund $23,280.96 Diamond Scott Rakow Youth Center $94,710.00 Vista South Pointe Park Maintenance Bld $15,852.00 Omarcio South Shore Communit Center $36,250.32 Diamond Stillwater Park $6,869.76 Diamond General Fund $866,186.88 Utilit Enter rise Fund $23,280.96. Parkin Enter rise Fund $9,351.96 The Parking Department has requested that contract for the parking garages be awarded to Vista Building Maintenance Services, Inc. In reviewing the options for providing services to the garages, the lowest bid proposal was so low as to be financially unrealistic to meet the City's expectations successfully. As an example, Diamond submitted an aggregate proposal of $100,041 to service all six garages annually while Omarcio and Vista's proposed costs were $371,781 and $376,951 respectively. Although Omarcio had the lower aggregate price, the Parking Department Administration recommended awarding all six garages to Vista based on the company's demonstrated experience, financial resources, personnel, and equipment resources available that would enable them to sustain a contract of this size and scope. An option to award individual garages to Omarcio and Vista resulting in assigning two locations for Omarcio and four for Vista was considered. However, given that the $5,169 difference in annual Commission Memorandum - RFP 04-07/08 -Janitorial Services July 16, 2008 cost was relatively small, it was determined that it would be more efficient and effective to have a Vista service all six parking garages. The proposed costs by Vista are provided below. Facility Proposed by Vista 7t Street Gara a $85,033.56 12t Street Gara a $31,386.84 13t Street Gara a $31,429.80 16t Street Gara a $78,338.40 17t Street Gara a $104,480.04 42" Street Gara a $46,282.92 Parkin Garage Total Enter rise Funds $376,951.56 General, Parkin ,and Utilit Facilities Total Enter rise Funds $898,819.80 Total $1,275,771.36 The distribution of facilities and cost per Proposer is as follows: Pro oser # of Facilities Total Gust Diamond Contract Services, Inc. 14 $179,502.48 Omarcio Cleanin Services, Inc. 8 $195,216.00 Vista Buildin Maintenance Services, Inc. 15 $901,052.88 The cost of this contract exceeds the current contract cost that was last bid on FY02/03, by $362,620.68. The recommended contract costs are approximately $193,143.36 below the anticipated budget amount for FY08/09 in the General Fund and $8,388 in the Utility Enterprise Fund. DIAMOND CONTRACT SERVICES. INC. Diamond Contract Services, Inc., has been providing janitorial services since 1993 with extensive experience in servicing large, high-traffic facilities. Diamond's key personnel has over 30 years of janitorial experience and will oversee the City's services through its regional office in West Palm Beach, Florida. Diamond's current customer base consists of the University of Miami Jackson Health System, Miami-Dade Transit and Library Systems, and the City of Los Angeles Internal Service and General Services Departments. OMARCIO CLEANING SERVICES. INC. Omarcio's personnel has over 17 years of janitorial experience including servicing the City's Scott Rakow Youth Center, Police Station, Fire Station #2, Bass Museum, South Shore Community Center, North Beach Police Substation, 21St Street Community Center, City Hall, and several of the City's Parks facilities. VISTA BUILDING MAINTENANCE SERVICES. INC. Vista Building Maintenance Services, Inc., is aminority-owned, local, small business that has been serving South Florida since 1977. Several of Vista's current accounts include the City of Coral Gables, City of Miami Police Headquarters and Substations, Miami-Dade Public Libraries, and the Miami-Dade Medical Examiner's Office. Vista has also serviced the City's Parks Commission Memorandum -RFP 04-07/08 -Janitorial Services July 76, 2008 Maintenance Building since 2004. Customer service is a primary objective of Vista's. All employees are subjected to drug testing and detailed criminal background checks. Vista also conducts periodic surveys to evaluate and improve on its services. Attachment C provides more information on the Proposers. CONCLUSION The Administration recommends that the Mayor and City Commission accept the recommendation of the City Manager pursuant to Request for Proposals (RFP) No. 04-07/08, for Janitorial Services, and authorize the Administration to enter into negotiations with Vista Building Maintenance Services, Inc., Diamond Contract Services, Inc., and Omarcio Cleaning Services, Inc. ATTACHMENTS A. List of City Facilities and Garages Related to RFP B. RFP 04-07/08 Bid Tabulation C. Proposer Introductory Letters D. Protest Letter by Kent Harrison Robbins E. Protest Response by City Attorney's Office Commission Memorandum -RFP 04-07/08 -Janitorial Services July 16, 2008 ATTACHMENT A -LIST OFCITY FACILITIES AND GARAGES RELATED TO RFP City Facilities • 21St Street Community Center • 225 2ND Street Building • 555 Building • 777 Building (City Hall Annex) • Bass Museum • Beach Patrol Office • City Hall • Fairway Park • Fire Station No. 2 -Fire Support Services • Flamingo Park Baseball and Football Stadium • Flamingo Park Pool • Flamingo Park Restrooms • Historic City Hall • Marine Patrol Office & Public Restroom Facility • Muss Park • Normandy Shores • Normandy Shores Guardhouse • North Beach Police Substation • North Shore Bandshell • North Shore Recreation Center • Oceanfront Auditorium • Parking Department Operations Building • Parks Maintenance Facility • Police Athletic League • Police Station • Property Management Office & Maintenance Facility • Public Works Operations Building • Scott Rakow Youth Center • South Pointe Park Maintenance Building • South Shore Community Center • Stillwater Park Parking Garages • 7th Street Parking Garage • 12th Street Parking Garage • 13th Street Parking Garage • 16th Street Parking Garage • 17th Street Parking Garage • 42"d Street Parking Garage ~~ Q i ~~ *' Y 4+ ~~ ~~ ATTACHMENT C -INTRODUCTORY LETTERS BY VISTA BUILDING MAINTENANCE SERVICES. INC., DIAMOND CONTRACT SERVICES. INC., AND OMARCIO CLEANING SERVICES. INC. Diamond Contmct Services, Inc. Introduction fetter January 18, 2008 Procurement Director City. of Miami Beach 1700 Convention Center Drive, 3ra Floor Miami Beach, FL 33139 Ref: Janitorial Services for City of Miami Beach, RFP # 04-07/08 Dear Reviewing Committee: Diamond Contract Services, Inc. is pleased to submit our professional proposal to provide Janitorial Services at various locations for the City of Miami Beach. We have ihcluded in this submission one (1) original and ten (10) copies of our proposal. As witnessed by references presented in this proposal, Diamond's current __.... _____ ____._. customer bese.has_provided us~with a.wealth_of experience and. expertise iri .____._ providing services both governmental and private business institutions. Our. experience includes facilities with high expectations and others that desire to maintain clean and consistent facilities. Our average length of tenure and success at these projects highlight the diversity of~our experience, and signify the breadth of our operations knowledge in relation to managing their unique demands. Because of our experience, we are uniquely able to provide great value to City of Miami Beach as their complete, professional project management provider for janitorial services. Diamond Contract Services, Inc. is based upon responsiveness and understanding, not just the language of the specifications. We appreciate the nature of City of Miami Beach's mission and desire to assist in its accomplishments. We endeavor to combine the practical knowledge and diversity of experience found in larger companies, with the care and sensitivity of a small firm. Our commitment to customer satisfaction will be proven day in and out for the duration of this and all future contracts with the City and we humbly look forward to the opportunity of working with you and continuing our mutually-beneficial business partnership. Sincerely, Derek C. Smith President/CEO Diamond Contract Services /`f` ~ / ` ~,I\ E ~ RFP # 04-07/08 ]anitorial Services for City of Miam1 Beach - 2 RE: REQUEST FOR PROPOSALS (RFP) NO. 04-07/08 --JANITORIAL SERVICES Dear Mr. Lopez: Omarcio Cleaning Services, Inc. ("Omarcio") is pleased to submit this proposal to the City of Miami Beach ("City") to provide janitorial services. Specifically, Omarcio will provide all supervision, administrative and technical support, labor, materials, supplies and equipment, and shall plan, schedule, .coordinate and assure effective completion of all services described in the subject RFP. Omarcio is an established janitorial services company that has been in business for more than seventeen years; has been located in South Florida for over the entire time; and is extremely knowledgeable in providing janitorial services. It is important to note that Omarcio, by letter dated March 31, 2006, agreed to receive the assignment of Best's Maintenance's contract. We agreed to all legal terms and conditions, responsibilities, and cost outlined in the contract with Best's Maintenance. The City Manager, in a Commission Memo, dated October 17, 2007, informed the Mayor and City Commission of the following: "A review of Omarcio's performance and the cost involved has revealed that the City is receiving quality service at the same cost of the original contract for Citywide Janitorial Services approved by the Mayor and City Commission and awarded to several contractors on May 5, 2004." - Jorge M. Gonzalez Additionally, when RD Cleaning failed to perform in accordance with their contract with the City at the Scott Rakow Youth Center and City Hall, Omarcio was the only company willing to perform the work at the same contract price. We assumed full responsibility for both buildings, even if it meant operating at a little or no profit since Omarcio takes great pride in honoring contractual agreements even if it means operating at a lost. Omarcio's most favored customer is the City of Miami Beach. We are currently providing or have provided similar janitorial services to the City for more than seventeen years, either as the prime contractor or as asub-contractor. The RFP issued by the City is both insightful and demanding. The performance-based specifications express the City's quality requirements. Omarcio's goal is to exceed the City's quality standards. Omarcio will be fully responsible for providing customer service, quality control arid all services listed in the RFP. We have proposed how often the work is to be performed, how much labor is needed to perform the tasks, what methods will be used to complete the job and which supplies, materials and equipment are needed to ensure the City's desired results. The Project Manager/Supervisor assigned to this project will be Mr. Marcio Aguilar. Mr. Aguilar has six years of experience managing and supervising projects of similar scope and size. Mr. Aguilar is highly qualified and has a working knowledge of the City's high quality standards. Mr. Aguilar will serve as the main contact person for the entire length of the project and will be available at all times white contract work is in progress to receive notices, reports, or requests from the City. Our success is reflected by the quality of work that we consistently have provided the City. With our knowledge and experience, we feel that we are well qualified to provide excellent janitorial services. We are able to begin work on this project immediately. We appreciate your consideration on this proposal and look forward to continuing our working relationship with the City of Miami Beach. Sincerely ,,, Omar Quinta ' la, President Omarcio CI Wing Services Inc. ',--1 VISTA BUILDING ~ MAINTENANCE SERVICES, ANC. ~~ ~ ~I January 18, 2008 Theo Carrasco Procurement Coordinator PROCUREMENT DIVISION ~~ 1700 Convention Center Drive Miami Beach, FL 33139 RE: RFP No. 04-07/08 Janitorial Services -~~~ Dear Mr. Carrasco: VISTA Building Maintenance Services, Inc., adrug-free workplace and equal opportunity employer, is pleased to provide this bid package for the City of Miami Beach.. Our Current Account List provided in Section 3 of this bid package details square footage and the job requirements of our current contracts. Relative to this contract, we currently -. clean the following facilities that have similar work descriptions as those listed in your RFP. • The City of Miami Police Headquarters, two substations and 11 police facilities, totaling over 400,000 square feet. The City of Miami Police HQ is a 24/7/365 high profile facility which heavily trafficked by police officers day and night. Our 1 custodians are trained to clean security sensitive areas, including Chief Timoney's office and the 911 communications center, which is always manned by police officers. VISTA provides janitorial services 7 days a week in two shifts, including holidays, emergencies and hurricanes. ~ Miami Dade County Joseph Caleb Community Complex. VISTA provides routine ~ janitorial services and project work for multiple facilities that total over 100,000 -J square feet, including the largest branch library within the inner city area. These facilities are extremely high traffic and are primarily used by the general public. J There are approximately 29 restrooms, 2 elevators and three sets of stairs that are cleaned throughout the day, Monday through Friday. We also provide weekend service - as requested -for meeting room and special event setup. Addttlonally, VISTA was the prime contractor for the cleaning of four parking garages totaling over 1.2 million square feet for Broward County, from 2003 through 2007. VISTA purchased specialized equipmentto provide steam pressure cleaning and power sweeping using a truck mounted sweeper to maintain these garages. VISTA was unable to re-bid ~ on this job in 2007 as it was rebid under Broward's sheltered market. We will dedicate a _~ truck mounted parking lot sweeper, Advance Retriever #5800, to clean the City of Miami Beach garage(s). Pictures of this equipment is in Section 7 of this bid package. Page 1 _ 8200 CiORl,L War MiaMi, FLORIDA 33155-1229 ~ ~~: 305-552-1973 • FAX: 305-552-6532 + VisTnBMS@BELLSOUSN.NET www.VisrnBMS.coM -, Q ~/ISTA BUILDING -~ ~ MAINTENANCE SERVICES, ANC. VISTA is aware of the City of Miami Beach's Cleanliness Index and its assessment of our ability to control litter/garbage/organic and fecal material in the facilities which are part of this RFP. VISTA will strive for a performance rating of 1. All of the programs we have established overtheyears, ourtraining programs, qua(itycontrol program and inspections, will assist us in meeting our goal. For our existing, RFP performance based contracts, we have developed a Performance Standards Checklist for our clients to use to monitor the -l cleanliness of theirfacilities that we clean. A copy of our Performance Standards Checklist ~ is in Section 7 of our bid. VISTA has never failed to complete any awarded work and typically extends contracts to the maximum number of renewals. In our 30 years of doing business, not one of our contracts have ever been canceled for non-compliance or unsatisfactory performance. We have never defaulted on a bond. The finances required for the start-up of this contract is not an issue for VISTA. We will comply with all of the requirements, conditions, work statement tasks and schedules contained in this RFP. May this letter and all of our references stand to your assurance that there are no laws, rules or regulations preventing us from performing the work required. While in business we have had contracts for small, large and multiple-site facilities. We have proven in each contract that we are capable to perform under any circumstance and -! under any condition, whether it benatural Orman-made disaster (please refer to our letters of reference regarding hurricane and flood response times). I thank you for the opportunity to be of service. Please call me at 305-552-1973 if you have any questions. Sincerely, _J s .Haley ~ President VISTA Building Maintenance Services, Inc. J Page 2 8200 riowlL Wav Mu-Mi, FLORIDA 33155-1229 ~- ~~ 305-552-1973 • Fax: 305-552-6532 -}- VisrABMS@BE~~soUTH.NET wWW.VisTaBMS.coM Commission Memorandum - RFP 04-07/08 -Janitorial Services July 16, 2008 ATTACHMENT D -PROTEST LETTER BY KENT HARRISON ROBBINS KENT HARRISON ROBBtNS 1224 WASHINGTON AVENUE MIAMI BEACH, FLOFtiDA 33139 Tel: (305) 532-0500 Fax: (305) 53'1-0'150 Email: khrobbins(rDkentharrisonrobfiins.com June 24, 2008 Mr. Jorge Gonzalez Miami Beach City M;~nager 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Bid Protest Miami Beach RFP -Section 2-371, Miami Beach City Code Client: Hugo Cleaning Services, Inc. Dear Mr. Gonzalez: I am registered to represent my client, Hugo Cleaning Services, Inc. zr. . 8 ~ ,.,r This letter will serve as a bid protest pursuant to §2-371 Miami Beach City Code. This follows the bid protest process specified by the' RFP. This letter specifically responds to Gus Lopez's June 20, 2008 letter recommending bidders other than Hugo Cleaning Services, Inc. The grounds for the bid protest is the misinformation provided by Maria Elena. Negrin and others at the Mazch 25, 2008 Evaluation Committee meeting. The result of dais misinformation was that the Evaluation Committee on March 25, 2008 reversed its March 6, 2408 determination that Hugo Cleaning was one of three companies evaluated "to be considered to be good overall" and one of the three in consideration to perform the janitorial services Citywide. VJhy did Evaluation Committee flip-flop from March 6, 2008 to March 25, 2008? Reviewing trie recoroang of the Mazch 23; 208 Evaluation Committee meeting establishes the failure of the evaluation process and the resulting erroneous reversal of its earlier evaluation. It is beyond dispute that for any evaluation to be fair, the evaluation must be based on accurate data. The Evaluation Committee -was not given accurate data. Rather, the on-site reviewer Maria Elena Negrin made a factually inaccurate presentation concerning Hugo Cleaning at the Evaluation Committee's March 25, 2008 meeting. Ms. Negrin repeatedly provided the committee with misinformation and erroneous data concerning Hugo Cleaning. ... ~'he First misinformation given to the Evaluation Committee was that the work. performed by . Hugo Cleaning at the Miami Beach Library was not satisfactory. This is directly contrary to the performance evaluation survey prepared by the Margaret Zebrowski at the Miami Beach Regional Library which is attached as Exhibit A. That evaluation survey gave top scores to Hugo Cleaning (9's and 10's); these scores establish that Hugo Cleaning services to the library were "very satisfactory" and that the library would hire Hugo again. That evaluation, Exhibit A, was sent by the Miami Beach Regional Library Branch to the City but, inexplicably, Ms. Negrin failed to advise the Evaluation Committee of the outstanding ratings by the library. Ms. Negrin also had her facts wrong when she evaluated the Hialeah City Hall. Hugo Cleaning had stopped cleaning Hialeah City Hall over a year and a half prior to that review, that is, its last day was December of 2006, over a year before she evaluated Hialeah City Hall. Finally, during the discussion of Maria Elena Negrin's review, more misinformation going to the very substance of Hugo Cleaning's bid was given. Erroneously, the Evaluation Committee stated. that Hugo Cleaning did not show the number of personnel designated for each job. In fact, on the bid form, which excerpt is attached as Exhibit B, Hugo Cleaning specified the crew size for each ,and every site for which he bid.. This information was again clearly erroneous. Only after misinformation was repeatedly presented to the Evaluation Committee on March 25, 2008, did the Evaluation Committee reverse its earlier conclusion of March 6, 2008 that Hugo Cleaning was one of three companies "considered to be good overall" and one of the three bidders in consideration to perform Citywide. As a result, Hugo was wrongfully eliminated by the Evaluation Committee. Sincerely, KENT HARRISON ROBBINS cc: Gus Lopez, Procurement Director Jose Smith, City Attorney 2 City eF Micni:9cach, 17D0 Convention Center Drivt.+, h{icrrii•8eoch, flcridc 33139, w,rN,m;om;~cachh,gov •' PROCUR'EMi:IVTDNIS(Ot~l''"'~••~. iel: 305.673.idgp ,Fox: 305.673,751 . , P!*Ri+ORMANCE ~VALUATiON StJRV9y Project Name: _~/%y~l ~~A~'~I ;QG~1D~!/~G L/f~,* - _ S~Qy ~iQ9y~f/ Contractor (bidder) (Check one} ^ ConstrtJCtiori Project Manager andJor Construction Superintendent (lndividua)} . Name of Above UGp ~L G ~~ Phone ore-mail of above Consultant or individuaL• .~m.Sr- 696---.6,~D~ Please evaluate the performance of tfle Confractor's frrm and/or Consfruotion Project Manager and/or Construction Superintendent (1 Q if you arevery satisfied a~td have no questions about hiring them again and 1 if you would never hire them again because cj'f very poor performance). Please mark s criterion as °NA" in cases >nrhere you do not have sufficient information or does not app-y, N O ~ .,., ~~,..... - Overall Comments: ~,,l~Y ' `~ Agency orContact Reference Business Name: ~ ~~ Contact Name: e~ ~ rdwSrL,,,~- - Y-~t:~,~~C~... ~~1.IJ] v,'[~ 1 Contact Phone and a-mail: 3A~- '~ Date of Services: O S ~ ~ - ~ DoltarAmountforServices: ,~ rr Pleas~'return this questionnaire to Theo Carrasco Ply Janctary 18, 2048, via fax:. 786.394,4042; ore-mail theocarrascoa,rriiamibeacfifl, o~ NovecS='r i9,2C07 Ckf ct t.1~na 9eae~ ~ ~ RFP No: 04-07/C8 Janitorial Serw~.,. So or71 • Page 5.4 ,. „ ti ~a, EXfi[BIT S Commission Memorandum - RFP 04-07/08 -Janitorial Services July 16, 2008 ATTACHMENT E -PROTEST RESPONSE BY THE CITY ATTORNEY'S OFFICE OFFICE OF THE CITY ATTORNEY ~~ L 0 R JOSE SMITH City Attorney July 9, 2008 Kent Harrison Robbins, Esquire 1224 Washington Avenue Miami Beach, Florida 33139 3~ * ~hCn ~~ ~ ~~ D A Telephone: (305) 673-7470 Facsimile: (305) 673-7002 Re: City of Miami Beach's Response to Hugo Cleaning Services, Inc.'s Bid Protest (Your Letter, Dated June 24, 2008) Request for Proposals Number 304-07/08 for Janitorial Services (RFP) Dear Mr. Robbins: The following responds to the above-referenced bid protest by Hugo Cleaning Services, Inc. ("Hugo"}. In your June 24, 2008 protest on behalf of Hugo, you allege that, as a result of "...misinformation provided by Maria Elena Negrin and others at the March 25, 2008 Evaluation Committee meeting," the Committee reversed its March 6, 2008 determination that Hugo " ...was one of three companies evaluated `to be considered to be good overall' and one of the three in consideration to perform the janitorial services Citywide," and that, as a result, Hugo was wrongfully eliminated by the Committee. The Evaluation Committee did not "reverse" its findings from the March 6, 2008 meeting, to the March 25, 2008 meeting. The Committee meetings on March 6th and March 25th, respectively, were not held for the purpose of making a final recommendation to the City Manager, but for the short-listing of proposals. At the March 6, 2008 meeting, the Committee reviewed the seventeen (17) responsive proposals received pursuant to the RFP, and short-listed the number of proposals to nine (9). At the Committee's March 25, 2008 meeting, the remaining nine (9) proposals were again short- listed to five (5) (at which time Hugo was one of the proposals eliminated from further 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 Kent Harrison Robbins, Esquire July 9, 2008 Page 2 consideration). The Committee's final ranking and recommendation to the City Manager (as required by the RFP) was not made until its meeting of May 8, 2008. Your protest specifically alleges that, as a result of one of the Evaluation Committee member's "~... factually inaccurate presentation concerning Hugo at the Evaluation Committee's March 25, 2008 meeting," Hugo was wrongfully eliminated. Following its March 6, 2008 meeting, the Committee members agreed to individually conduct personal site visits to some of the references (selected from among those submitted by the proposers in their respective responses to the RFP) of the remaining proposers. The references were submitted by the individual proposers as required pursuant to .Section III (Proposal Format) of the RFP: Committee Member Mazia Elena Negrin made site visits to two of Hugo's listed customer references: the Miami Beach Regional Librazy (Reference No. 5 in Hugo's response to the RFP), and Hialeah City Hall (Reference No. 6 in Hugo's response). ~In order to fully address the allegations in Hugo's protest,. I listened to the audio tapes of the Committee's March 25, 2008 meeting. In presenting her observations to the Committee at that meeting, Ms. Negrin prefaced her comments by noting that her observations from her site visits were based on her opinion (from her personal visits to both sites). At no time did she say, or otherwise imply, that her site visits, and/or her opinions and/or observations, were intended to supplant the individual Client Surveys that each proposer was required to submit pursuant to Section III of the RFP. This was fizrther reinforced to the Committee members by the statements of Theo Carrasco, representing the City's Procurement Division, who, at the conclusion of the members' reports on their site visits, instructed the Committee that the visits should be considered as additional information, and should not be considered as the sole basis for elimination and/or selection of a particular proposer, nor should they be considered a replacement to the Client Surveys. Additionally, Mr. Carrasco also instructed the Committee that proposers' references (coupled with fmancial strength) only constituted ten percent (10%) (or no more than ten (10) points out of a possible 100 points) of the total scoring weight for proposers, in the evaluation methodology to be followed by the Committee. The Committee reasonably relied on the information (or lack thereof) presented in Hugo's own response to the proposal. Although your letter states that Hugo's contract with Hialeah City Hall ended in December 2006, at no time was this fact made clear. in Hugo's response to the RFP. For example, pages 2.1 (Experience and Qualifications), OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 Kent Harrison Robbins, Esquire July 9, 2008 Page 3 and 3.3 (Customer Reference Listing #6) of Hugo's response both identify the City of Hialeah as a reference, without mention. of the fact that the contract had terminated prior to the proposal submission date. Ironically, although your letter alleges that Ms: Negrin "...had her facts wrong when she evaluated the Hialeah City Hall," she actually gave the Committee a positive report of her visit to that site. The audio tapes of the March 25, 2008 meeting clearly evidence that the Committee's decision to eliminate Hugo from further consideration was not based on Ms. Negrin's comments, but rather by the members' concern (Committee Chair Carlos da Cruz, and Committee Members Robert Halfliill and Miguel Bengolea, in particular) that, based on the cost proposal in Hugo's response, it would not be able to adequately deliver the services required under the RFP. Cost and quality of service, respectively, were both significantly~weighted criteria in the RFP (cost accounted for twenty-five percent (25%) of the overall scoring weight, and quality accounted for thirty-five percent [35%]). Your letter also states, that the Committee erroneously stated that Hugo did not show the number of personnel designated for each job, and re-attaches an exhibit from Fiugo's response indicating the proposed crew/size for each City location proposed to be serviced. While Committee Member Miguel Bengolea (representing the City's Parking System) did initially state that the proposal did not show the amount of people required to do the job, he corrected this statement by adding that the numbers seemed "very thin." Regardless of his statement, the Committee's ultimate discussion again centered azound the concern of whether Hugo could adequately perform the services based upon the cost(s) bid. Not all errors in evaluating proposals are significant enough to merit the granting of a protest (See Youth Track, Inc. v. Department of Juvenile Justice, No. 99-4403 BID [Fla. Div. Admin. Hrg's. Jan. 14, 2000]). In this case, even conceding Ms. Negrin's error in evaluating Hialeah City Hall, the audio tapes of the Committee's deliberations at its March 25, 2008 meeting evidence that, the decision not to short-list Hugo was not based on the site reports, but rather on the more significant factors of cost and capability. As Hugo's protest fails to demonstrate that either Hugo was prejudiced by the alleged "errors" of the Committee, or that the Committee's decision not to further short- list Hugo was arbitrary or capricious, the City hereby denies your protest. You may appeal this decision by filing an original action in the Circuit Court of the 11~' Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable Court Rules. Any action not brought in good faith shall be subject to sanctions OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 Kent Harrison Robbins, Esquire July 9, 2008 Page 4 including damages suffered by the City and attorney's fees incurred by the City in defense of this action. Very truly yours, Raul J. Aguila Deputy City Attorney RJA:mrc cc: Mayor Matti Herrera-Bower and Members of the City Commission Jose Smith, City Attorney Jorge Gonzalez, City Manager Robert Parcher, City Clerk Guz Lopez, Procurement Director ,OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139