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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Annie Perez, Director Procurement Department FROM: Jose S. Camero, Dir Building Department DATE: October 18, 2019 SUBJECT: Increase in capacity for Kent Security Guard Services, RFP No. 295279 REFERENCES: ENCLOSURES: The Building Department is requesting an increase in capacity to the annual allotment for Security Guard Services at the MRC Building from the previously approved amount of $1,760,268.48 to $1,809,163.48 for additional security guard services. The Building Department has a need to increase its annual allotment for an additional guard for the Office of Zoning at the MRC to meet the requirements set forth in the E-Plan Project. Currently, Building's annual allotment for security guard services is $68,000.00. With the addition of a security guard, Building's total capacity will increase to $116,895.00 (approximately $48,895.00 more), which will in turn increase the total citywide annual contract cost to $1,809,163.48. Funding will come from the Building Department's account code no. 04004.282000.534000.0000.00000. Cc: Dr. Nzeribe Ihekwaba, Assistant City Manager Annie Perez, CPPO, Director of Procurement Maurice Pons, Building Official Roberto Santana, Administrative Assistant II f CONTRACT AWARD RFP NO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: FIRST RENEWAL: SECOND RENEWAL: COMMODITY CODE: Procurement V ejar t ent AMENDMENT NO.3 295279(19) SECURITY GUARD SERVICES THREE (3) YEARS W/OTR FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS APRIL 22, 2013 THROUGH APRIL 21, 2016 APRIL 22, 2016 THROUGH APRIL 21, 2017 APRIL 22, 2017 THROUGH APRIL 21, 2018 990 SECTION #1 — VENDOR AWARD Kent Security Services 14600 Biscayne Blvd. North Miami Beach, Florida 33181 Contact: Jerry Tollefsen Phone: (305) 919-9400 Fax: (305) 919-9590 Cell: (786) 402-3670 Email: jtollefsen(a kentsecurity.com info(akentsecurity.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: APRIL 11, 2013 RESOLUTION NO: 13-0142 ANNUAL CONTRACT AMOUNT: N/A AMENDED AMOUNT: INSURANCE REQUIREMENTS: PERFORMANCE BOND: APPLICABLE ORDINANCES: N/A YES YES N/A Notes: Pursuant to Section 2.30 Additions/Deletions of Facilities/Items/Services, the following item has been added to Kent Security Services. Golf Cart for Dinner Key Marina - Daily Rate of $9.84 per cart and Monthly Rate of $275.52 per cart SECTION #3 — REQUESTING DEPARTMENT CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Pearl Bethel Phone: (305) 416-1949 SECTION #4 — PROCURING AGENCY CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Pearl Bethel Phone: (305) 416-1949 Prepared By: Cris Lima, 1/3/18 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE (SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement Initial: AMENDMENT # 2 TO THE .PROFESSIONAL SERVICES AGREEMENT BY AND I3ETWEE.N THE CITY OF MIAMI, FLORIDA AND KENT SECURITY SERVICES, INC. This Amendment #2 to the Professional Services Agreement dated April 22, 2013 ("Agreemeut"), by and between the City of Miami, a Municipal Corporation of the State of Florida, ("City") and Kent Security Services, Inc. ("Kent" or "Contractor"), a Florida corporation, whose principal a dress is 14600 Biseay Blvd. North Miami Beach, FL, 33181, is entered into this day of 2016. The Agreement is hereby amended as follows with the stricken and underlined language: TERMS 1. COMPENSATION payable under the Agreement is hereby revised as follows: A. City agrees and hereby contracts to pay Kent Security the fees and/or premiums in accordance with the price proposal provisions of Exhibit B and any additional fees set expressly forth below in this Section II (collectively, the "Fees"). In no event shall total cumulative annual compensation under this Agreement exceed. One Million Four Hundred Fifty Thousand Dollars ($1,450.000.001 On Million-Fif eusand Dollars ($1,050,000:00): 2. EXHIBIT B Contract Hourly Rates: Security Guard, Level I: $10.61 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.44 = Adjusted Contract Hourly Rate: $15.28 Security Guard, Level IL $10.61 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.44 = Adjusted Contract Hourly Rate: $15.28 • Security Guard, Level 111: $15.00 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.31= Adjusted Contract Flourly Rate: $19.67 In no event shall cumulative annual compensation under this Agreement exceed One Million Four Hundred Fifty Thousand Dollars ($1,450,000.00) One-Mil1ien-F4 y—Thousand Dollars ($ 1,050,000:00) 3. Except as provided in this Amendment No. 2, all terms and conditions set forth in the Agreement remain in operative force and effect. IN WITNESS VWI-IEREOF, the parties hereto have executed this Amendment as of the day and year first above written. THE CITY OF MTAMI, FLORIDA "City" y� CITY OF M1:,,; I FLO .IDA Todd Hannon Daniel J. ager City Clerk APPROVED AS TO LEGAL FORM AND CO RECTNESS: APPROVED T►/ INSURANCE V " toria Meng ez, City Attorney ATT T: Print Name: dsa-r,://el /6/1•'cI • Title:eeriaer-at-e-geefetary (AFFIX CORPORATE SEAL) 7 "Prov rie Sharpe. Director anagemtent Department ices, Inc. Print Name: 62/1 /L U/716ek Title: ea) AMENDMENT #1 TO THE PROFESSIONAL SERVICES AGREEMENT This Amendment #1 to the Professional Services Agreement dated April 22, 2013 (the "Agreement"), by and between the City of Miami, a municipal corporation of the State of Florida, (the "City") and Kent Security Services, Inc., a corporation organized and existing under the laws of the State of Florida ("Provider"), is entered into this day of , 2013, as authorized by City Commission Resolution #R-13-0244. The Agreement is hereby amended as follows: TERMS 1. COMPENSATION payable under the Agreement is hereby revised as follows: A. City agrees and hereby contracts to pay Kent Security the fees and/or.premiums in accordance with the price proposal provisions of Exhibit B and any additional fees set expressly forth below in this Section II (collectively, the "Fees"). In no event shall total cumulative annual compensation under this Agreement exceed One Million Fifty Thousand Dollars (S l ,050,000.00)Threc Hundred Fifty Thousand Dollars ($350,000.00). 2. EXHIBIT B Contract Hourly Rates: Security Guard, Level 1: $10.61 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.44 = Adjusted Contract Hourly Rate: $15.28 Security Guard, Level 11: $10.61 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.44 = Adjusted Contract Hourly Rate: $15.28 Security Guard, Level HI: $15.00 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.31 = Adjusted Contract Hourly Rate: $19.67 In no event shall total cumulative annual compensation under this Agreement exceed One Million Fifty Thousand Dollars ($1,050,000.00)Three Hundred Fifty Thousand Dollars ($350,000.00). 1 3. Except as provided in this Amendment No. I, all terms and conditions set forth in the Agreement remain in operative force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. Todd Hannon City Clerk B/4P I) APPROVED AS TO FORM AND CORRECTNESS: Julie O. Bru City Attorney ATTEST: „eit Print Name: i/l- /( U.4°1' Title: / P S 571-471-7L- 2 "City" CITY OF MIA. I FLORIDA Johnny Martinez, P. City Manager APPROVED TO Iiv:,SURANCE REQUIREIvIENTS:_�' /-/ Calvin 1lis,pirector Risk Manag ent "Provider" Kent Securit ervices, Inc. ri ame: Title: PROFESSIONAL SERVICES AGREEMENT BETWEEN KENT SECURITY SERVICES, I'i tC., AND THE CITY OF MIAMI, FLORIDA THIS PROFESONAL SERVICES AGREEMENT (the "Agreement") is made and entered into this .o75 'day of sue%/- ,-,' / , 2013, with an effective date of April 22, 2013 (the "Effective Date"), 15y and between City of Miami ("City"), a municipal corporation organized and existing under and by virtue of the laws of the State of Florida, 444 SW 2nd Avenue, Miami, Florida 33130-1910, and Kent Security Services, Inc. ("Kent Security"), 14600 Biscayne Boulevard, North Miami, Florida 33181. WHEREAS, the City has issued Request for Proposals No. 295279, including all addenda thereto (collectively, "RFP", Exhibit "A") for the provision of Security Guard Services Citywide ("Services") and Provider's proposal ("Proposal", Exhibit `B"), in response thereto, has been selected as the most qualified proposal for the provision of the Services. The RFP and the Proposal are by this reference incorporated into and made a part of this Agreement and a part of any extensions hereof. In the event of an express conflict between the RFP and/or the Proposal and this Agreement, this Agreement shall govern over the RFP, and the RFP shall govern over the Proposal; and WHEREAS, the City desires to enter into this Agreement with Kent Security and Kent Security agrees to accept employment under the terms and conditions set forth herein; and WHEREAS, the Commission of the City of Miami, by Resolution No. 13-0142, adopted as modified on April 11, 2013 (attached hereto and by this reference made a part of this Agreement and of any extensions hereof), approved the selection of Kent Security and authorized the City Manager to negotiate and execute an agreement, under the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understood and agree as follows: SECTION I SERVICES A. City agrees to engage Kent Security to provide the Services, and Kent Security agrees to provide to City the Services, each pursuant to the terms and conditions set forth herein Exhibit "A", Section 3.0, Specifications/Scope of Work. B. Kent Security may delegate the provision of certain services to third party providers who meet the requirements of this Agreement applicable to Kent, provided that Kent Security shall use reasonable due diligence to determine such other service providers are qualified with respect to the function that the other service providers are to perform. Such delegation shall not relieve Kent Security of its duty. 1 SECTION II COMPENSATION A. City agrees and hereby contracts to pay Kent Security the fees and/or premiums in accordance with the price proposal provisions of Exhibit B and any additional fees set expressly forth below in this Section II (collectively, the "Fees"). In no event shall total cumulative annual compensation under this Agreement exceed Three Hundred Fifty Thousand Dollars ($350,000.00). The Fees are payable on or about the first day of the calendar month (by way of example, the calendar month of January fees are on or about January 1). All Kent Security invokes shall be proper invoices as that term is defined by Florida's Local Government Prompt Payment Act, Florida Statutes, §218.70 to §218.79, Florida Statutes, as amended, are due and payable upon receipt, and any undisputed amounts which remain unpaid after forty five (45) days shall accrue interest at a rate of one percent (1%) per month or twelve (12%) percent per annum until paid. In order to dispute an invoice, City must provide Kent Security with written notice of the reasons for such dispute within forty five (45) days of receipt of the invoice or such amounts may be deemed owed as a rebuttable presumption, if so provided in such invoice. Kent Security understands and agrees that Kent Security shall be solely responsible for its employees, agents, and subcontractors and the City shall not be responsible nor liable for any payments to or amounts due to Kent Security's employees, agents, or subcontractors for their respective services provided hereunder this Agreement and any extensions hereof. SECTION f MISCELLANEOUS A. Term. This Agreement shall remain in effect for a term of three (3) years commencing on the Effective date, unless it is earlier terminated or cancelled for Cause or for Convenience as provided in this Agreement, with an option to be exercised by the City Commission to renew for three (3) additional terms of one (1) year each on these same terms and conditions. The City Manager shall give Kent notice of the City's intention to renew no less than thirty (30) days prior to the expiration of the then current term by giving Kent Security written notice as provided in Subjection H, Notices. The total term, if all renewals are exercised, cannot exceed six (6) years. Unless renewed, this Agreement will automatically end. three (3) years from its date of Execution, which is the Effective Date, without the necessity of any action by either party. Written notice of termination may be made at least thirty (30) days prior to termination without cause. Upon termination of this Agreement and expiration of any applicable notice period, the parties hereto shall have no further liability or obligation except as explicitly provided for hereunder as surviving termination of this Agreement. Additionally, the City Manager reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide the City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions, 2 over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. B. Cancellation For Convenience, The City Manager shall also have the right to terminate this Agreement by giving Kent Security at least thirty (30) business days' prior written notice, upon unavailability of funds, or if City determines, in its sole discretion, for any reason or for its convenience, that continuation of the services are no longer in the best interest of City. in the event of termination by City, City shall pay Kent Security compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable for any additional compensation, other than that provided herein, or for any consequential or incid.ental damages. Kent Security shall have no recourse against the City for a cancellation for convenience other than adherence to this Section. C. Monies Owed Upon Agreement. Termination. Any undisputed monies due under the express terms of this Agreement at the time of termination shall be paid in full within forty five (45) days thereafter. D. Indemnification. Kent Security shalt save, protect, release, reimburse, indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses, fees (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with : (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Kent Security or its employees, agents, or (ii) the failure of Kent Security to comply with any of the paragraphs herein or the failure of Kent Security to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance, solicitation or award of this Agreement and any amendments/extensions hereof. Kent Security shall protect and defend the Client, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the Indetiinitees, its officials andior employees were negligent. Kent Security expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Kent Security, as provided above, for which Kent Security liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Further, in the event that there is litigation or arbitration, each party shall bear its own fees. Kent Security warrants that there has been no violation of copyright, trademark, or patent. or similar rights in manufacturing, producing, modifying, assembling, distributing or selling the programs, services, data and goods shipped or ordered and Kent Security agrees to hold the Indemnitees harmless and indemnify the Indemnitees from any and all liability, loss or expense occasioned by any such violation. This Hold Harmless and Indemnity shall be binding upon Kent Security and its delegates, heirs, successors and assigns and shall survive the cancellation or expiration of the Agreement. Kent Security freely and voluntarily signs this indemnity. The provisions of this Subsection D shall survive any termination or expiration of this Agreement. _cc)?6SAD1-1. 3 7D17.e_ /r//3 Additionally, Kent Security covenants not to sue the Indemnitees, its officials or employees in any action or proceeding arising out of this Hold Harmless and Indemnity. E. Security of Personal Health Information. Kent Security and City will be responsible for compliance of all provisions of the HIPAA Security Rule (45 C.F.R. 164.302 - 318) (the "Security Rule"). Kent Security and City will identify and implement effective and appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of electronic protected information. Kent Security and City will conform to all standards in the Security Rule requiring implementation of policies and procedures to prevent, detect, and contain any correct security violations (45 C.F.R. 164.308(a)(1)) including but not limited to: 1. Designing appropriate screening processes. 2. Identifying what data backup and how. 3. Deciding whether and how to use encryption. 4. Addressing what data must be authenticated in particular situations to protect data integrity. 5. Determining the appropriate manner of protecting information transmissions. F. Confidentiality. Any information that is acquired by Kent Security in carrying out its duties under this Agreement, which had not become public information including information regarding City, shall be kept confidential except as required by any law or court order, including any subpoena. Kent Security will not disclose or permit the disclosure of any confidential information to anyone other than City, its counsel, or persons designated by them or their counsel. Kent Security shall immediately notify City of any court order or subpoena requiring disclosure of confidential information, and shall appeal or challenge such order or subpoena prior to disclosure in accordance with such directions as City may issue and at City's expense (employing counsel selected by City) and shall cooperate with City to appeal or challenge any orders or subpoena requiring disclosure of confidential information. Upon termination of this Agreement and upon receipt of a written request from City, all confidentialinformation delivered to Kent Security by City in Kent Security's possession relating hereto shall be turned over to City. Kent Security will take reasonable measures to avoid any unintentional or inadvertent disclosure of any confidential information to any unauthorized person by any of its employees, agents, or representatives. Likewise, to the extent allowed by Florida Law, including the Public Records Act, Chapter 119, Florida Statutes, as amended, City agrees to keep confidential in all manners and not publish, dispense or use in any way or by any means, other than for internal City business, any of Kent Security's work product. City will take reasonable measures to avoid any unintentional or inadvertent disclosure of any of Kent Security's work product to any unauthorized person by any of its employees, agents, or representatives. Kent Security understands and agrees that the City is subject to the Public Records Act making many documents it maintains in its course of business open to public inspection and copying unless such documents are exempted by law from public inspection and copying. 4 The provisions of this Subsection G shall survive any termination or expiration of this Agreement. G. Governing Law/Venue. The laws of the State of Florida shall govern the validity of the Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. The venue of any litigation field for the purpose of seeking enforcement, claiming breach or default, or interpretation of any part of this Agreement shall lie exclusively within Miami -Dade County, Florida. Each party shall bear its own attorney's fees. H. Notices. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, return receipt requested, postage prepaid and addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY Johnny Martinez, P.E. City Manager City of Miami 444 SW 21u Ave, 10th Floor Miami, Florida 33130-1910 VENDOR Gil Neuman, Chief Executive Officer Kent Security Services, Inc. 14600 Biscayne Boulevard North Miami, Florida 33181 I, Failure to Perform. Neither party shall be liable for failure or delay in performing obligations set forth in this Agreement, and neither party shall be deemed in breach of its obligations, if such failure to delay is due to national disasters, strike, lock -out, or other industrial or transportation disturbances, law, regulation or ordinance, or any causes reasonably beyond the control of such party. J. Successors and Assigns. This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. K. Independent Contractor. Kent Security, its employees, agents or representatives, shall be deemed to be independent contractors and not agents or employees of the City and shall not attain any rights or benefits under the civil service or pension ordinances of the City, or any rights generally afforded classified or unclassified employees. Kent Security, its employees, agents or representatives, shall not be entitled to Florida Workers' Compensation benefits as an employee of the City. L. Entire Agreement. This Agreement and its attachments and exhibits constitute the sole and only Agreement of the parties and accurately set forth the rights, duties, and obligations of each to the other. Any prior Agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. M. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 5 N. Captions and Headings. Captions, title and paragraph headings are for convenient reference and are not a part of this Agreement. Such captions, title or paragraph headings shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions contained in this Agreement. 0. Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. P. Severability. Should any provisions, paragraph, sentence, work or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the United States, State of Florida, Miami -Dade County, or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. Q. Third Party Beneficiary. Kent Security and the City agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: Kent Security agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Kent Security which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to five (5) years following the date of final payment by the City to Kent Security under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Kent Security which are related to Kent Security's performance under this Agreement. Kent Security agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of five (5) years after final payment is made under this Agreement and all other pending matters are closed. Kent Security's failure to adhere to, or refuse to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. AWARD OF AGREEMENT: Kent Security represents to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the receipt of an award of this Agreement. 6 PUBLIC RECORDS: A. Kent Security understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, .subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Kent Security's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Should Kent Security determine to dispute any public access provision required by Florida Statutes, then Kent Security shall do so at its own expense and at no cost to the City. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Kent Security understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Kent Security agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Kent Security further agrees to include in all of Kent Security's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days written notice. FORCE MAJEURE: "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seelcing delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 7 CITY NOT LIABLE FOR DELAYS: Kent Security hereby understands and agrees that in no event shall the City be liable for, or responsible to Kent Security or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. USE OF NAME: Kent Security understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Kent Security is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Kent Security agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. NO CONFLICT OF LNTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Kent Security hereby certifies to City that no individual member of Kent Security, no employee, and no subcontractor under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Kent Security hereby represents and warrants to the City that throughout the term of this Agreement, Kent Security, its employees and its subcontractors will abide by this prohibition of the City Code. NO THIRD -PARTY BENEFICIARY: No persons other than the Kent Security and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. TRUTH -IN -NEGOTIATION CER'I IFICATION, REPRESENTATION AND WARRANTY: Kent Security hereby certifies, represents and warrants to City that on the date of Kent Security's execution of this Agreement and so long as this Agreement shall remain in full 8 force and effect, the wage rates and other factual unit costs supporting the compensation to Kent Security under this Agreement are and will continue to be accurate, complete, and current. Kent Security understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. COUNTERPARTS: This Agreement may be executed in three or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. [Remainder of page intentionally blank. Signature page follows.] 9 IN WITNES�S WHEREOF, the parties have caused this Agreement to be executed on this ay of , 2013, with an effective date of April 22, 2013. By: $y: Attest: ent S uri vices, Gil Neuman, Chief Executive Officer City o 1!'ami, City IVl%nager, Johnny Martinez, P.E., City Manager Todd B. Hannon, Printed Name Approved as to Lei -gal Form: Julie O. Bru, CiAttorney Approved by Risk Managemen • / 051/3 /64-/&_ Calvin Ellis,/Director of Rfisk Management 10 EXHIBIT A RFP 295279,2 Please see the attached Request for Proposals (RFP) 295279,2 for Security Guard Services Citywide. 11 City of Miami Request for Proposals (RFP) Purchasing Department Miami Riverside Center 444 SW 2hd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement RFP Number: 295279,2 Title: Request for Proposals for Security Guard Services Citywide Issue Date/Time: 17-MAY-2012 RFP Closing Date/Time: 06/18/2012 @ 11:00:00 Pre -Bid Conference: None Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Friday, May 25th, 2012 at 11:00 AM Buyer: Velez, Pablo Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: pvelez@miamigov.com Buyer Facsimile: (305)416-1925 Page 1 of 75 Certification Statement Please quote on this form. if applicable. net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME ADDRESS• PHONE: FAX• EMAIL: BEEPER. SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 75 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-110 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please List the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Will Subcontractor(s) be used? (Yes or No) Page 3 of 75 If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services as described in this solicitation, or has provided such services in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. I : Date of Contract for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services as described in this solicitation, or has provided such services in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services as described in this solicitation, or has provided such services in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Page 4 of 75 Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract for above reference no. 3 Page 5 of 75 Line: 1 Description: Adjusted Hourly Rate for a Level I Unarmed Guard -- PLEASE DISREGARD THIS LINE AND REFER TO THE ATTACHMENT "A" PRICE PROPOSAL IN THE HEADER SECTION OF THIS RFP. Category: 99046-00 Unit of Measure: Hour Unit Price: $ Line: 2 Number of Units: 43,000 Total: $ Description: Adjusted Hourly Rate for a Level II Unarmed Guard -- PLEASE DISREGARD THIS LINE AND REFER TO THE ATTACHMENT "A" PRICE PROPOSAL IN THE HEADER SECTION OF THIS RFP. Category: 99046-00 Unit of Measure: Hour Unit Price: $ Line: 3 Number of Units: 7,600 Total: $ Description: Adjusted Hourly Rate for a Level III Unarmed Guard -- PLEASE DISREGARD THIS LINE AND REFER TO THE ATTACHMENT "A" PRICE PROPOSAL IN THE HEADER SECTION OF THIS RFP. Category: 99046-00 Unit of Measure: Hour Unit Price: $ Number of Units: 100 Total: $ Page 6 of 75 Request for Proposals (RFP) 295279,2 Table of Contents Terms and Conditions 9 1. General Conditions 9 1.1. GENERAL TERMS AND CONDITIONS 9 2. Special Conditions 30 2.1. PURPOSE 30 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 30 2.3. TERM OF CONTRACT 30 2.4. CONDITIONS FOR RENEWAL 30 2.5. NON -APPROPRIATION OF FUNDS 30 2.6. MINIMUM QUALIFICATION REQUIREMENTS 30 2.7. CONTRACT EXECUTION 31 2.8. FAILURE TO PERFORM 32 2.9. INSURANCE REQUIREMENTS 32 2.10. PRE-BID/PRE-PROPOSAL CONFERENCE 34 2.11. CONTRACT ADMINISTRATOR 34 2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 34 2.13. BID BOND/SURETY BOND 35 2.14. PERFORMANCE BOND 35 2.15. DAMAGES TO PUBLIC/PRIVATE PROPERTY 35 2.16. REFERENCES 35 2.17. SAFETY MEASURES 36 2.18. TERNIINATION 36 2.19. PRIMARY CLIENT (FIRST PRIORITY) 36 2.20. CHANGES/ALTERATIONS 37 2.21. RETENTION OF QUALIFIED WORKERS 37 2.22. CITY OF MIAMI LIVING WAGE - NOT APPLICABLE 37 2.23. PRICE PROPOSAL 37 2.24. BASE HOURLY RATE 38 2.25. MARGINAL MARK-UP MULTIPLIER 38 2.26. TOTAL ESTIMATED HOURS 38 2.27. ADJUSTED HOURLY RATE 38 2.28. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 38 2.29. PERSONNEL 39 2.30. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES 40 2.31. EMERGENCY 40 2.32. RECORDS 40 2.33. FACILITIES TO BE SERVICED 40 2.34. FACILITY ADMINISTRATOR 41 2.35. TRUTH IN NEGOTIATION CERTIFICATE 41 2.36. SUPERVISION 41 2.37. ADDITIONAL TERMS AND CONDITIONS 41 3. Specifications 42 3.1. SPECIFICATIONS/SCOPE OF WORK 42 Page 7 of 75 Request for Proposals (RFP) 295279,2 4. Submission Requirements 71 4.1. SUBMISSION REQUIREMENTS 71 5. Evaluation Criteria 74 5.1. EVALUATION CRITERIA 74 Page 8 of 75 Request for Proposals (RFP) 295279,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment Page 9 of 75 Request for Proposals (RFP) 295279,2 proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books. documents, papers. and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein. when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. Page 10 of 75 Request for Proposals (RFP) 295279,2 G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests. and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.1.1. BRAND NAMES - Hand wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable Page 11 of 75 Request for Proposals (RFP) 295279,2 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color. national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or [FB after advertisement and terminates at the time the City Manager issues a written Page 12 of 75 Request for Proposals (RFP) 295279,2 recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections. pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting. or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person Page 13 of 75 Request for Proposals (RFP) 295279,2 or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board. commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse. son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. Page 14 of 75 Request for Proposals (RFP) 295279,2 (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. Page 15 of 75 Request for Proposals (RFP) 295279,2 All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work. shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions. clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. Page 16 of 75 Request for Proposals (RFP) 293279,2 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for Page 17 of 75 Request for Proposals (RFP) 295279,2 rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases. words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the Page 18 of 75 Request for Proposals (RFP) 295279,2 right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials. officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of Page 19 of 75 Request for Proposals (RFP) 295279,2 Liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be Page 20 of 75 Request for Proposals (RFP) 295279,2 granted to the Bidder/Proposer. 1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price. extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.49. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.50. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of Page 21 of 75 Request for Proposals (RFP) 295279,2 his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of lvliami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. Page 22 of 75 Request for Proposals (RFP) 295279,2 A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, Page 23 of 75 Request for Proposals (RFP) 295279,2 whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants. conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. Page 24 of 75 Request for Proposals (RFP) 295279,2 1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such parry's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.7-1. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when Page 25 of 75 Request for Proposals (RFP) 295279,2 received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section. the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to Page 26 of 75 Request for Proposals (RFP) 295279,2 the City. If not destroyed by testing. bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty. if applicable, should be submitted with your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation. the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail Page 27 of 75 Request for Proposals (RFP) 295279,2 delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for Page 28 of 75 Request for Proposals (RFP) 295279,2 "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions. no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 29 of 75 Request for Proposals (RFP) 295279,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for security guard services citywide, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Pablo Velez; fax: (305) 400-5340 or email: pvelez@miamigov.com. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, May 25th, 2012 at 11:00 AM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract(s) shall be for three (3) years with an option to renew for three (3) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.6. MINIMUM QUALIFICATION REQUIREMENTS Page 30 of 75 Request for Proposals (RFP) 295279,2 In order to maintain the City's properties at a high level, the City is seeking qualified respondents who have experience and are regularly engaged in the business of providing security guard services as described herein. The respondent's minimum requirements shall include, but are not be limited to, the following: A. Possession of a minimum of three (3) years as an established Security Guard Services business per active status with the Florida Department of State Division of Corporations. As proof of compliance with this requirement, a minimum of three (3) Client References shall be provided with the response submittal -- as required in the Attributes portion of the Header section of this RFP. Additionally, copies of executed contracts or agreements, copies of purchase orders (P.O.'s), or letters from said clients of the prospective respondent on the client's letterhead, wherein it is reflected that the respondent has successfully performed security guard services within the last three (3) years as specified' herein, shall be provided with the response submittal as well. At a minimum, these documents must clearly state the following: 1) the type of service the company was contracted to provide; and, 2) the period of time for which the company worked for said clients. (Please note that it is very important that these documents -- contracts, agreements, P.O.'s, letters, etc. -- include the start and end dates of the services provided. The City reserves the right to verify and/or visit these Client References as part of the evaluation and shall use the same as a disqualifier concerning the work to be performed under this Request for Proposal (RFP) should the Client References reveal poor performance. B. Possession and provision with the proposal submittal of proof of the following professional licenses: 1) a "B" State License which is needed to own/operate a security guard services company; 2) an "MB" State License needed by at least one (1) person on staff (a Managerial License); 3) a Miami -Dade County Occupational License needed to conduct business in the county area; and, 4) if applicable, a City of Miami License needed if the business is located within the boundaries of the City of Miami. C. Receipt of Past Performance Evaluation Questionnaires from each of the three (3) Client References identified in the Attributes as per the Submission Requirements section herein this RFP. D. Submittal of the Bid Bond/Surety Bond as per the Bid Bond/Surety Bond section herein this RFP. E. Affirmation of never having filed for bankruptcy, possession of sound financial condition, of having no record of pending lawsuits or criminal activities, and of having no conflicts of interest which may be of embarrassment to the City. F. Respondent further acknowledges that a proposal submittal shall not be provided if the contractor has any members, officers, or stockholders in arrears or in default of any debt or contract involving the City, is a defaulter or surety otherwise upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. 2.7. CONTRACT EXECUTION The Selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a contract ("Contract") with the City in substantially the attached form labeled "Attachment C - Professional Services Agreement" and available via the Header section to this RFP. The City Page 31 of 75 Request for Proposals (RFP) 295279,2 reserves the right to execute or not execute, as applicable, a Contract with the Selected Proposer(s) that is determined to be most advantageous and in the City's best interest. Such Contract shall be fumished by the City, shall contain certain terms as are in the City's best interests, and shall be subject to approval as to legal form by the City Attorney. 2.8. FAILURE TO PERFORM 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. 2.9. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Respondent shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Successful Respondent's performance under the provisions of the contract, including all acts or omissions to act on the part of Successful Respondent, including any person performing under this Contract for or on Successful Respondent's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Successful Respondent shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional insured CG 2274/10/01-Contractual liability for false arrest, Detention and Imprisonment Contingent Liability Premises & Operations Liability Page 32 of 75 II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident. $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) Limits of Liability Each Occurrence Aggregate Limit City of Miami listed as an additional insured $2,000,000 $2,000,000 V. Professional Liability/Error's & Omissions Coverage A. Limits of Liability Bodily Injury and Property Damage Liability Each Claim Aggregate Limit Retro Date included $1,000,000 $1,000,000 Request for Proposals (RFP) 295279,2 The above policies shall provide the City of tvliami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Page 33 of 75 Request for Proposals (RFP) 295279,2 Companies authorized to do business in the State of Florida. with the following. qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.NI. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Respondent of liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Respondent shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Proposal (RFP). (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Respondent in conjunction with the General and Special Terms and Conditions of the RFP The Successful Respondent shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Respondent. 2.10. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.11. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Major Jorge Gomez, who shall be designated as the Contract Administrator. 2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or Page 34 of 75 Request for Proposals (RFP) 295279,2 reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.13. BID BOND/SURETY BOND All responses shall be accompanied by a Certified Check (Money Order), Cashier's Check or Surety Bond in the amount of $5,000.00 payable to the City of Miami and conditioned upon the Successful Respondent submitting the specified Performance Bond within fifteen (15) days following award by the City Commission, in the form and manner required by the City. In case of failure or refusal to do so within the time stated, the security submitted with the bid will be forfeited as liquidated damages because of such failure or default. If submitting the bid electronically, the original Bid Bond/Surety Bond shall be submitted to the Purchasing Department located at 444 S.V. 2nd Avenue, Miami, Florida 33130 to the attention of Pablo Velez. and received prior to the scheduled closing date for this Request for Proposals. 2.14. PERFORMANCE BOND The Successful Respondent shall be required to submit a $250,000.00 Performance Bond. The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written by a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Respondent. 2.15. DAMAGES TO PUBLIC/PRIVATE PROPERTY The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.16. REFERENCES Page 35 of 75 Request for Proposals (RFP) 295279,2 Respondent shall submit the required information for three (3) Client References as outlined in the Attributes portion of the Header section of this RFP. Additionally, the supporting documentation referenced in the Minimum Qualification Requirements section of this RFP shall be included as part of Respondent's proposal submittal. The Past Performance Evaluation Questionnaire attached to the Header section of this RFP shall be required from each of these same three (3) Client References identified in the abovementioned Attributes -- NO PROPOSAL SUBMITTAL SHALL BE CONSIDERED WITHOUT THIS INFORMATION. 2.17. SAFETY MEASURES Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.18. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.19. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 36 of 75 Request for Proposals (RFP) 295279,2 2.20. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.21. RETENTION OF QUALIFIED WORKERS The Contractor shall in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which the employees are qualified. The Contractor shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. All employees hired by the Contractor who were employed under the predecessor contract shall be retained for a minimum ninety (90) day transition period during which the Contractor shall refrain from discharging without cause any employee retained pursuant to this subsection. 2.22. CITY OF MIAMI LIVING WAGE - NOT APPLICABLE On October 22, 2009, the Miami City Commission enacted an emergency ordinance (Ordinance No. 13110) eliminating the applicability of the Living Wage for future service related contracts, such as security guard services, due to the adverse economic challenges the City is experiencing. As such, the City of Miami Living Wage is not applicable to this service contract. 2.23. PRICE PROPOSAL Contractor shall include with the response submittal a completed copy of the Attachment "A" Price Proposal provided herein the Header section of this RFP. The multiplication of each Level's "Base Hourly Rate", the Contractor's Proposed "Marginal Mark-up Multiplier" for that Level, and the aforementioned "Total Estimated Hours" for the same provides the calculation for that Level's "Adjusted Hourly Rate". The sum of the "Adjusted Hourly Rates" for all three (3) Levels provides the calculation for the "Total Adjusted Hourly Rate" and ultimately constitutes the Contractor's Price Proposal. Additionally, the City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek from the Successful Proposer a reasonable cost(s) for the same. Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). THE U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION'S WAGE DETERMINATION 2005-2119, AS REVISED JUNE 13TH, 2011, PROVIDES A BASE HOURLY RATE OF $10.61 FOR OCCUPATION CODE 27101, TITLE GUARD I. THIS BASE HOURLY RATE OF $10.61 SHALL BE THE MINIMUM ACCEPTABLE RATE FOR ALL THREE (3) SECURITY GC ARD LEVELS. PLEASE NOTE THAT SUBMITTAL OF A LESSER BASE HOC RLY RATE FOR ANY OF THE THREE (3) SECURITY GUARD LEVELS SHALL DEEM THE PROPOSAL NONRESPONSIVE. PLEASE NOTE THAT FAILURE TO SUBMIT THE ATTACHMENT "A" PRICE PROPOSAL, Page 37 of 75 Request for Proposals (RFP) 295279,2 INCLUSIVE OF THE INFORMATION REOUESTED HEREIN THIS RFP, AS REOUIRED, IN A PROPERLY LABELED. SEPARATE SEALED ENVELOPE SHALL DISOUALIFY THE PROPOSER FROM CONSIDERATION. 2.24. BASE HOURLY RATE Proposer shall proffer proposed "Base Hourly Rates" for all three (3) Security Guard Levels. The "Base Hourly Rate" is the minimum rate of pay for each of the three (3) Levels of Security Guards under work assignment to the City. The Successful Proposer shall make available to all Security Guards under work assignment to the City, a copy of the "Base Hourly Rate" schedule. THE U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION'S WAGE DETERMINATION 2005-2119, AS REVISED JUNE 13TH. 2011, PROVIDES A BASE HOURLY RATE OF $10.61 FOR OCCUPATION CODE 27101, TITLE GUARD 1. THIS BASE HOURLY RATE OF $10.61 SHALL BE THE MINIMUM ACCEPTABLE RATE FOR ALL THREE (3) SECURITY GUARD LEVELS. PLEASE NOTE THAT SUBMITTAL OF A LESSER BASE HOURLY RATE FOR ANY OF THE THREE (3) SECURITY GUARD LEVELS SHALL DEEM THE PROPOSAL NONRESPONSIVE. The City reserves the right to adjust this "Base Hourly Rate" pursuant with the U.S. Department of Labor Employment Standards Administration Wage and Hour Division's Wage Determinations and/or City Ordinances. The City reserves the right to audit the payroll, during the contract period to insure contract compliance with these requirements. 2.25. MARGINAL MARK-UP 'MULTIPLIER The "Marginal Mark -Up Multiplier" provided by the Proposer in the Attachment "A" Price Proposal herein the Header section of this RFP shall be all inclusive of full compensation for labor; equipment use; travel time; toll fees; FICA, FUTA a,nd SUTA Taxes; Medicare; Workmen's Compensation; Liability Insurance; Overhead; Profit, and any and all other costs to the Proposer. 2.26. TOTAL ESTIMATED HOURS The "Total Estimated Hours" for each of the three (3) Security Guard Levels provided in the Attachment "A" Price Proposal herein the Header Section of this RFP is based on a three (3) year usage analysis. 2.27. ADJUSTED HOURLY RATE The "Adjusted Hourly Rate" provided in the Attachment "A" Price Proposal herein the Header section to this RFP shall include full compensation for labor, equipment use, travel time. and any and all other costs to the Contractor. This rate shall be at a straight time for all labor, except as otherwise may be noted herein. 2.28. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD Page 38 of 75 Request for Proposals (RFP) 295279,2 The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued. (2) Receipt of responses -- response submittals shall be inclusive of a Technical Proposal and a Price Proposal each of which shall be in properly labeled, separately sealed envelopes. (3) Opening and listing of all responses received. (4) Purchasing staff will review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required. The Purchasing staff will open, review. and evaluate the Price Proposals and assign points based on the price Evaluation Criteria identified herein RFP. (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response -- specifically, the Technical Proposal -- in accordance with the requirements of this Solicitation and based upon the Evaluation Criteria as specified herein. At said meeting and immediately thereafter the evaluation of each response, the Purchasing staff shall provide the Evaluation Committee with the points that were assigned to each of the Price Proposals for inclusion of the same as part of the total score and rank each Proposer will receive from the Evaluation Committee. (6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject all proposals. (9) The City Commission shall consider the City Manager's and Evaluation Committees' recommendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject any or all response. (10) If the City Commission approves the recommendations, the City will enter into negotiations with the selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed appropriate by the City Manager. (11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). 2.29. PERSONNEL Contractor shall be deemed to represent that it has, or will have upon the award of the Contract. all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be Page 39 of 75 Request for Proposals (RFP) 295279,2 employees of the Contractor. All the services required herein shall be performed by the Contractor, and all personnel engaged in performing the services shall be trained and fully qualified to perform such services. The City requires the Contractor to provide Guards who speak English, and when necessary, Guards with the additional ability to speak a language(s) other than English. The Contractor shall be required, when asked by the Contract Administrator, to submit a schedule of employees with their respective assignments. Each employee and/or agent of the Contractor shall be required to log -in and log -out on a daily basis while assigned to any City facility. The Contractor shall be held accountable for personnel attendance via this log. The Contract Administrator, or his/her authorized representative, may require that each Guard assigned to a specific location(s) maintain a log of all activities while on duty at that location, and Contractor shall be required to adhere to all requests for the same. Any assigned Guard(s) to a City facility found not adhering to specific job assignments at a facility as designated by the Contract Administrator or his/her Site Designee, is subject to termination from said work performed under this contract. Should this occur, Contractor shall be required to find an acceptable replacement Guard for that location within twenty-four (24) hours. In addition, any theft by the Contractor's employee(s) or any damages caused by the same, shall be paid to the City as compensation for any such costs. All personnel of the Contractor shall be covered by Workmen's Compensation, unemployment compensation and liability insurance, a copy of which shall be provided to the City. Contractor shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary qualified personnel required to perform all services arising from the award of the Contract. 2.30. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES Although this solicitation identifies specific facilities/items/services for address, it is hereby agreed and understood that any facility/item/service may be added/deleted to/from this contract at the sole option and discretion of the City as it may deem in its best interest at such time. 2.31. EMERGENCY The Contractor shall provide the City with evening, weekend, and holiday service, as necessary, to cope with any emergency situation which may threaten public health and safety, as determined by the City. Contractor shall furnish with its proposal submittal a twenty-four (24) hour telephone number in the event of any such emergency situation. 2.32. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.33. FACILITIES TO BE SERVICED It is hereby agreed and understood that the listing of the City locations herein is not all inclusive as facilities may be added or deleted from the contract at any time, when deemed to be in the best interest of the City. The City provides Page 40 of 75 Request for Proposals (RFP) 295279,2 no guarantee concerning the amount of facilities to be serviced or the amount of work to be provided to the awarded Contractor. 2.34. FACILITY ADMINISTRATOR Upon award, Contractor shall report and work directly with the designated Facility Administrator at each of the sites. 2.35. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (I) year following the end of the Agreement. 2.36. SUPERVISION Contractor shall assign one working "On Duty" Supervisor when designated by the Contract Administrator, or his or her designee. Contractor shall also provide the name and telephone number where a responsible Supervisor, or the Contractor, may be reached at any time for purposes of addressing complaints and submitting information concerning daily contract performance. In the even the assigned Supervisor demonstrates an inability to properly supervise personnel as determined by the Contract Administrator, or his or her designee, then the Contract Administrator, or his or her designee, shall have the authority to request immediate dismissal of said Supervisor of his or her responsibilities at the facility and the Contractor shall assign another individual upon four (4) hours notice (if requested by the City) to supervise staff in a satisfactory manner as determined by the Contract Administrator, or his or her designee. The City shall only be liable for payment of the actual hours worked by said Supervisor(s). 2.37. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 41 of 75 Request for Proposals (RFP) 295279,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 3.1 BACKGROUND INFORMATION The City is requesting proposals for the provision of unarmed Security Guard Services at various locations within the City of Miami. Contractor shall provide security guards twenty-four (24) hours per day, seven (7) days per week, including holidays. The number of guards and shift times shall be provided on a per facility basis. Contractor shall perform all the work provided in this RFP and shall perform additional, extra, and incidental work as may be considered necessary from time to time in a complete and satisfactory manner. The City also reserves the right to increase and decrease the level of services, as it deems necessary. The Contractor shall provide the City a full range of security services, including, but not limited to, protection and security to the best of its ability against vandalism. trespass, and theft of property on or from City premises. Contractor shall instruct and require its Security Guards to perform the services specified herein in an orderly and efficient manner while enforcing the regulations of the City with regards to safety and facility security, and shall accomplish these specified services in such a manner as not to interfere with the normal conduct of the City's business. 3.2. GENERAL REOUIREMENTS A. Work Force and Work Assignment 1) Unarmed security guards shall be provided to work various assignments at locations as determined by the City. Some may require optional equipment such as two-way radios, marked vehicles, etc. 2) Contractor shall provide qualified, trained personnel to perform all the specifications of this RFP. This shall include holidays and weekends, and the ability to immediately backfill any regularly scheduled personnel who fail to report for their normal work tour. Contractor shall provide each Facility Administrator with the names and contact numbers of all security personnel assigned to their facility. Contractor shall update that list of information on a weekly basis, as changes occur, to maintain its accuracy. The Contractor shall provide accurate time records for the previous week for each assignment by listing the full name of the assigned guards. 3) Contractor shall instruct their personnel that no gratuities shall be solicited or accepted for any reason whatsoever from any department/office, employee, or other persons using the premises. 4) Security Personnel shall be allowed job -related use of City telephone service where available at no cost to Contractor. No toll charges shall be allowed by Security Personnel. ANY TOLL CHARGES OR DAMAGE TO EQUIPMENT BEYOND NORMAL WEAR AND TEAR WILL BE REIMBURSED TO THE CITY BY THE CONTRACTOR. 5) Personnel shall possess desirable qualities and knowledge such as recognizing fire hazards and the use of fire extinguishers; ability to notice hazardous or unusual situations; ability to deal effectively with prowlers, trespassers and other unauthorized persons; ability to remain alert during emergencies; and the ability to act calmly and quickly during emergencies; demonstrating a professional demeanor with residents, employees, and elected officials, and shall follow post orders if applicable. B. Personnel Probation/Dismissal 1) Security Personnel shall be observed by the Facility Administrator or Site Designee for at least an initial period of five (5) working days. If during this period the City is not satisfied with the performance of that employee, the City shall notify the Contractor who shall immediately replace said employee. Additionally, the City reserves the right to request the replacement of any employee at any time during Page 42 of 75 Request for Proposals (RFP) 295279,2 the term of the contract. The City further reserves the right to demand that the Contractor relieve/suspend an employee from his/her assignment. Be advised the City will not tolerate sleeping while on duty; nonperformance regarding making his/her rounds and completion of daily reports; being under the influence of alcohol. drugs, or non-prescription medication which will impact job performance; inability to communicate (both verbally and in writing); theft; unprofessional conduct or other unbecoming similar activities. 2) Additionally, the City reserves the right to demand that the Contractor relieve an employee from a duty assignment, and/or ban the employee from further service under this contract, at the sole discretion of the Facility Administrator. C. Personnel Qualifications 1) Guards in all classifications shall be no less then 21 years of age; shall have a high school diploma or a G.E.D.; and shall possess good human relations skills. They shall be required to successfully pass a rigid background investigation including, but not limited to, a criminal background check, inclusive of a Florida Department of Law Enforcement (FDLE) check and a medical examination, inclusive of a drug screening. (SUCCESSFUL PROPOSER SHALL ASSUME ALL COSTS FOR THE AFOREMENTIONED TESTS AND SCREENINGS.) 2) Guards in all classifications shall be a Citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card Form I-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status. Acceptable evidence shall consist of a birth certificate or appropriate naturalization papers. 3) Guards shall possess the following State of Florida Guard License requirements: a. Guard License "D" Levels 1, 2, and 3 b. Required professional, technical licenses, or certificates including. but not limited to cardiopulmonary resuscitation (CPR) certification which shall be active and available for all on -duty personnel at all times. 4) Guards at all levels shall be fully literate in the English language, i.e., able to read, write, speak, understand, and be understood. Oral command of English must be sufficient to permit full communication, even in times of stress. Contractor shall also have personnel which are bilingual (English and Spanish or Creole) and which shall be available to the City when required. There shall be no exceptions. 5) Guards shall be evaluated and/or shall receive the approval of the Facility Administrator prior to assignment. 6) Guards shall be able to perform normal or emergency duties requiring moderate to arduous physical exertion, such as standing or walking for an entire shift and climbing stairs and ladders. Concerning stair climbing, this requires officers be capable of climbing from the ground level to the roof level and back to the ground level without stopping and without difficulty. Physical stamina is a basic requirement of this position. Any individual, who cannot meet the physical requirements of the position, including inability discovered through job performance, will not be qualified to work under this Contract. Additionally, this requirement is in place for the officer's protection and safety as well as reduction of the City's liability. 7) Guards shall possess a valid Florida Driver's License, and the minimum required auto insurance for any vehicle that he/she drives onto City property, as necessary. 8) Guards shall be able to effectively use a two-way radio and drive a golf cart -type vehicle without difficulty, if necessary. Page 43 of 75 Request for Proposals (RFP) 295279,2 9) Guards shall keep active, and possess at all time while on duty, those professional, technical licenses or certificates as required by the State. This includes a company issued photo I.D. card. All of the above are to be conspicuously displayed while on duty. 10) Security Personnel shall not be employed under this contract if they are currently or have been previously involved in: a. military conduct resulting in a dishonorable or undesirable discharge; b. any pattern of irresponsible behavior, including but not limited to, reckless driving or an unfavorable employment record; or, c. a criminal conviction (felonies or misdemeanors). 11) Security Personnel shall successfully complete a polygraph examination, at the Contractor's expense, prior to assignment; and, whose minimum testing parameters shall include, but not be limited to: a. nature of discharge from military service; b. substance abuse (drug and alcohol); c. child abuse and/or molestation; d. convictions (felonies and/or misdemeanors); and, e. dismissals (other than layoff) and the ability to handle a gun (and whether a gun permit has ever been denied). 12) Security Personnel shall complete a medical examination, to be conducted at the Contractor's expense, prior to assignment or when requested for reasonable cause by the City; and, submittal of the results of the following to the user department shall be required upon assignment to a facility(s): a. freedom from any transmittable disease; b. possession of binocular vision (correctable to 20/20 based on the Snellen Eye Chart); c. the required ability to distinguish basic shapes as well as colors in both normal and peripheral vision; d. the ability to hear ordinary conversation at 20 feet and whispered conversation at 10 feet without the use of artificial hearing devices (a hearing aid is not permitted); e. the passing of a urinalysis test demonstrating freedom from drug usage, with the exception of prescribed medication; f. freedom from any disease or conditions which result in indistinct speech; g. freedom from any physical or emotional disorder or handicap that would inhibit or preclude meeting the performance standards required by this solicitation's resultant contract; h. Contractor's submittal to the City of employee personnel file(s) for each security personnel upon assignment and upon request throughout the term of the solicitation's resultant contract; with said file(s) to contain copies of the following documents including, but not limited to: criminal background checks, medical examinations including drug test results, training test results, proof of education and experience, State Security Officer License "D", employment application and verification prior to employment, and polygraph examination reports; and, i. overall, Security Personnel shall possess desirable qualities and knowledge such as the ability to recognize fire hazards and proper usage of fire extinguishers, the ability to perceive hazardous or unusual situations, the ability to effectively handle prowlers, Page 44 of 75 Request for Proposals (RFP) 295279,2 trespassers, and other unauthorized persons. the ability to remain alert during emergencies and act calmly and quickly to address the same, etc. 3.3. TYPES OF SECURITY GUARDS A. Level 1 This is the basic classification for a security guard. This individual shall be able to perform basic functions such as maintain a standing post, complete reports, make notifications and screen persons. One (1) year of security experience is required. THE "BASE HOURLY RATE" FOR THIS CLASSIFICATION IS PRE -DETERMINED N ACCORDANCE WITH THE U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION, VIA WAGE DETERMINATION 2005-2119, REVISED JUNE 13TH, 2011, FOR OCCUPATIONAL CODE NO. 27101 FOR TITLE GUARD I. B. Level 2 This is an intermediate classification for a security guard. Requirements may consist of one (1) or more of the following: One (1) year of law enforcement and/or military experience, three (3) years of security experience, and/or one (1) year of security supervisory experience. This classification may be used in sensitive and highly visible areas. THE "BASE HOURLY RATE" FOR THIS CLASSIFICATION SHALL BE PROVIDED BY THE PROPOSER AS PART OF THEIR PRICE PROPOSAL. C. Level 3 This is the advanced classification for a security guard. Requirements shall include, but not be limited to, the following: graduation from a certified federal, county, state or local law enforcement or military police training program, or equivalent, with the appropriate certificates and/or diplomas. Additionally, security guards shall possess a minimum of three (3) full years of certified law enforcement experience in a military or civilian setting, providing that such qualification is verifiable by supporting documentation. This classification shall be mandatory for work at specialized site locations requiring this type of background. THE "BASE HOURLY RATE" FOR THIS CLASSIFICATION SHALL BE PROVIDED BY THE PROPOSER AS PART OF THEIR PRICE PROPOSAL. 3.4. CLASSIFICATION AND PAY RATE Contractor shall specify the "Base Hourly Rate" for Levels 11 and 111, the "Marginal alark-Up ,Multiplier"for all Levels (Classifications), and the "Adjusted Hourly Rate" (Pay Rate) for all Levels (Classifications) on the Price Proposal. 3.5. TRAINING The Contractor shall be required to provide training to all field Security Personnel in order that the City may be assured said personnel are capable of assuming the responsibilities of their respective assignments. The cost for such training shall be considered part of the Contractor's operational expenses and shall be taken into consideration by the Contractor when proposing overall hourly rates. The time spent by staff in such a program, though required, shall not be billable to the City, as only those hours of actual security guard duty shall be compensated by the City. All Security Personnel of the Contractor shall successfully complete and pass the course prior to assumption of duty under this contract. This training course, which shall be developed or made available by the Contractor, shall be included as part of the minimum requirements for the subject matter and the hours of instruction, and shall be subject to the City's approval. The City's evaluation of proposed training shall include, but not be limited to, previews of techniques and methods of instruction, quality of instruction, motivation, adequacy of classroom and supportive adjunct training materials, test content, and individual retentiveness. Page 45 of 75 Request for Proposals (RFP) 295279,2 All formal training shall be administered by persons, corporations, and/or institutions who have been expressly approved by the City. A written certification of each security personnel's training shall be made available as part of the employees personnel file. All contractor supervisors shall have completed the required training and shall have worked for six (6) continuous months as an actual security guard; additionally, basic supervisory skills are required, as well as an overall knowledge of operations, locations, etc. A. Site Orientation Training The Contractor shall provide on -site training for Security Guards for each shift to be worked in order to familiarize each guard with the post, at no cost to the City. Said training shall be conducted by a Contract shift supervisor or experienced guard/officer who is fully qualified at that post. The trainee is not to be in an active duty status and may not be placed on duty at that site until said training has been completed. This training shall be conducted at each different job site to which the guard/officer is assigned. The measure of success for the training shall not be the time invested [e.g., eight (8) hours], but rather the effectiveness with which the trained employee is able to perform post duties. The City shall be the sole assessor of that effectiveness. The Site Orientation Training shall include, but not be limited to, the following: 1) general and specific orders for the facility; 2) policy and specific procedures for responding to emergency alarms, bomb threats, or incendiary devices in the facility, etc.; 3) procedures for access control and operation of the security system within the facility; and, 4) procedures for operation of the fire alarms, fire control system, and fire -fighting equipment. B. Refresher Training (RT) Periodic and State required training of each Security Personnel shall be conducted by Contract supervisors in order to insure continued understanding of and familiarity with existing or new facility conditions. C. Training for Contract Security Supervisors In compliance with all other Contract stipulations requiring that a Contract Security Supervisor be fully qualified and capable of staffing a post, said supervisors shall have met all Basic Instructional Training requirements prior to assuming any duties under this Contract. Additionally, Contract supervisors shall be provided sufficient on -site post instruction necessary for provision of the Site Orientation Training (SOT) to Security Personnel assigned to posts within the supervisor's span of control or shift of duty. 3.6 UNIFORMS All Security Personnel furnished to the City shall be well groomed and neatly uniformed. Uniforms shall include tightened ties, shined black shoes, buttoned cuffs (if long sleeve shirt), cap with badge, whistle or a chain, writing implements, flashlight, night stick and other optional equipment as may be required. Each guard supplied by the Contractor shall wear a nameplate bearing his/her name. Contractor's name shall also appear on Guard's nameplate or as a patch on the uniform. Uniform shall be readily distinguishable from the City of Miami Police uniforms. Ties, short -sleeved or long-sleeved shirts and uniform blazers or jackets shall be furnished by the Contractor, and may be required at the discretion of the City designee and as dictated by weather conditions. 3.7. AUTHORIZED USE OF EOUIPMENT AND UNIFORM The uniform and equipment shall be used only when Security Personnel are on official duty or while in transit between their place of residency and their assigned duty station. Furthermore, at any and all times while in uniform, Security Personnel and their supervisors shall be required to wear a complete uniform and to be fully equipped. Also, Security Personnel shall not be permitted to provide themselves with any unauthorized equipment such as chemical agents; concealed weapons/firearms, personal radios, or other items not specifically approved by this Page 46 of 75 Request for Proposals (RFP) 295279,2 Contract or the Contract Administrator. 3.8. MAINTENANCE OF UNIFORMS AND EOUIPMENT The Contractor shall be responsible for assuring that security personnel maintain a neat appearance in accordance with contract standards, up to and including responsibility for maintenance and replacement of uniforms, as necessary. Likewise, all equipment used by the Contractor, provided by either party, shall be kept clean, well -maintained, and in safe operating condition at all times, free from defects or wear and tear which may in any manner constitute a hazard to any person or persons on City property. Contractor shall be responsible for the quantity and quality of uniforms and other required personal equipment used by Security Personnel in the performance of this Contract. As such, it is recommended that the Contractor provide personnel with all uniforms and equipment to ensure that Contract standards are met. In order to protect itself against monetary loss, the Contractor may make it a condition of employment, that a certain sum of money be withheld from the employee's paycheck to offset the cost of uniforms if the employee resigns, or is terminated, within a specified period of initial hire, usually three (3) months. Similar to this is a deposit to be held until termination. Such a deduction policy should be clearly defined at the outset of the contract and communicated to employees, including amount of deduction. Deduction amounts should be similar for all employees. If money is so withheld, the Contractor shall be limited by minimal wage requirements in the amount that can be withheld from any given paycheck. Specifically, the employee must be paid at least minimum wage for hours worked, including any such uniform deduction. Likewise, the total amount withheld shall not exceed a reasonable value which such uniforms can cost. 3.9. EOUIPMENT FOR SECURITY GUARDS Except as specifically noted, or provided for in this Invitation to Bids, Security Guards shall be equipped at all times while on duty with the following items: A. a black belt; B. a whistle, with metal chain attachment; C. a flashlight, heavy-duty [requiring two (2) or more D-cell batteries]; and, D. a communication system such as: hand held radios, two (2) way handheld radios, licensed for use by the Federal Communications Commission, shall be provided by the Contractor to on -duty Contract Security Guards and supervisors. In addition, the Contractor shall provide, upon request, similar radios, with portable chargers, to Facility Administrators or Site Designees, not to exceed two (2) in number, which shall be returned to the Contractor upon expiration of the Contract. Should any additional radios be required, the Contractor agrees to rent additional radios to the City at a rate of two dollars ($2.00) per day, per radio. 3.10. CONTRACTOR -FURNISHED ITEMS A. Working Materials Contractor shall provide all working materials necessary for proper performance of this Contract including, but not limited to, items such as bound logbooks, with consecutive numbered pages, notebooks, pens, and pencils. The Contractor, at no expense to the City, shall supply these materials, unless otherwise specified by this Contract or the Facility Administrator. All material required to perform this Contract, and not otherwise mentioned as being provided by the City, shall be provided by the Contractor at his/her expense. 3.11. OPTIONAL EOUIPMENT Optional equipment as may be required by the City for specific locations and/or assignments shall include, but not be limited to, the following: A. marine radios (channels 68 and 78 must be accessible), Page 47 of 75 Request for Proposals (RFP) 295279,2 B. marked automobile, and C. golf carts. Optional equipment as listed above shall be acceptable to the City in terms of aesthetics, reliability, safety, etc. The City reserves the right to refuse for use on City property, any and all such equipment deemed by the City as non -usable. 3.12. WORK FORCE AND WORK ASSIGNMENTS A. General Regular Guard Duties 1) All Security Personnel furnished by the Contractor to the City shall provide all phases of building, personal security, and personal property protection in and about the facility premises, both within and outside the facility. These duties shall include, but not be limited to, making rounds around the clock of assigned areas and key locations; checking lights; assuring gate and door locks, etc. Guards shall receive their instructions as to specific duties by the City and in consultation with his/her supervisor. 2) Security Personnel shall take proper steps to prevent unauthorized entrances and access to the facility and screen visitors, employees, residents and elected officials. 3) Security Personnel shall report security/safety violations and suspicious or criminal acts. 4) Security Personnel shall make emergency calls as required. 5) Security Personnel shall follow all Standard Operating Procedures as determined by the Contractor and the City of Miami. 6) Security Personnel shall patrol inside and outside of assigned facilities as required. Guards shall utilize a different route and time, and if applicable, a punch station on a daily basis. 7) Security Personnel shall effectively operate his/her radio and make radio contact with his/her supervisor or to notify the Police Department or City staff of incidents when necessary. 8) While fulfilling regular security duties, Contractors personnel may detain any person using reasonably necessary measures, in or about the premises, until able to turn such person(s) over to the police. 9) All security personnel furnished to the City shall make and submit daily written reports to the Facility Administrator or Site Designee, regarding any problems or incidents occurring during his/her shift. These reports are to be written in English, in clear and readable print and language, and shall be detailed as to unusual incidents, suspicious circumstances, crimes committed, the rounds taken by the guard at the facility (if not a fixed post), the times of those rounds, and specific observances during said round(s). 10) All Security Personnel furnished to the City shall give instruction or information to visitors upon request, or direct them to the proper City personnel if any questions cannot be answered. 11) In case of an alarm and/or emergency, the Security Guard shall immediately notify the City of Miami Police Department and Site Designee if requested. B. Post Orders Post Orders shall be written and contain complete duty instruction for staffing each individual post, including emergency procedures. All Security Personnel shall have access to these Post Orders 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. Post Orders define the basic work that shall be performed by Security Personnel at the site. Post Orders are prepared by the Site Designee with the advice and consent of the Facility Administrator. Post Orders shall include, but are not limited to, the following (which, once established, shall be the responsibility of the Contractor to assure that copies are available for the duration of Page 48 of 75 Request for Proposals (RFP) 295279,2 the Contract): 1) facility information (e.g., operating hours, chain of command); 2) building rules and regulations; 3) operation of equipment; 4) roving patrol routes, schedules, and duties; 5) vehicular traffic control; 6) access control procedures; 7) emergency response procedures; 8) security and fire control/alarm systems; 9) hazardous conditions, inspection/reporting; 10) response to emergencies, i.e., fires, injury, or illness, etc., 11) procedures for raising, lowering, and half -malting U.S. and other flags; and, 12) safeguarding persons and property . IT SHALL BE NOTED THAT POST ORDERS, WHILE VERY IMPORTANT, SHALL GIVE WAY TO GENERAL ORDERS TO "PROTECT CITY PERSONNEL AND PROPERTY." THE LATTER ABSOLUTELY TAKES PRECEDENCE. C. Shift Relief Security Personnel shall not leave assigned posts at the end of a shift until relieved by duty personnel assigned to the following shift, if such a shift is scheduled, or unless specifically authorized by Facility Administrator or Site Designee. Security Personnel shall not to leave assigned posts for breaks or lunch until relieved as required. D. Limitation on Employment Hours Security Personnel shall not provide more than twelve (12) hours of service, including any and all break periods, on one or more Contracts administered by the Facility Administrator in any twenty-four (24) hour period. This limitation may be waived by the Facility Administrator in emergency situations, which are beyond the control of the Contractor, i.e., weather conditions preventing the next shift from entering the building. Each occurrence will require an individual waiver provided by the Facility Administrator. E. Supervisor Duties Contractor shall provide, at no additional cost to the City, a guard as a "Supervisor". This Supervisor shall have supervisory responsibility for all guard personnel on that shift at that location, and, when applicable, special events or details. This individual shall understand that he/she will be responsible for contacting all guards at all times and responding to requests of the City at that location at any time. The Supervisor shall also serve as a backup in the event that a guard does not report for work for subsequent tours of duty and/or a replacement guard is not provided. The Contractor's Supervisor in charge of Security Personnel to the City facility shall: 1) review and approve the day's or night's activities reports for each assigned guard and provide the same to the proper City authority for any unusual incident; 2) insure proper inventory and/or assignment of keys, equipment, etc. along with property belonging to the City; 3) coordinate with the proper Site Designee all security operations and services for regular and event assignments, to insure that all are properly staffed (in some instances this requires daily communication with the Site Designee and/or Facility Administrator to learn of authorized activity); and, Page 49 of 75 Request for Proposals (RFP) 295279,2 4) conduct visual inspection of assigned personnel to ensure compliance with the Contract, to disseminate special instructions, and to provide other related information. F. Assignments The facilities listed below are locations that currently require security guard services. Determination of locations, number of guards, and hours of services needed at any particular time shall be at the City's sole discretion. Reflected herein are the City's current locations. Concerning the same, the City reserves the right to: * add other possible locations during the term of the contract; * make changes to any of the work schedules described below as the City deems necessary; * increase/decrease the number of guards per facility; and, * amend the duties/standard operating procedures as the City deems necessary. Changes shall be communicated to the guard(s) and to the Supervisor assigned to the facility. 3.13. CITY FACILITIES 1. James L. Knight Center 400 S.E. 2nd Avenue A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General responsibilities shall include, but are not limited to, the following: 1) Trafffic control at the loading dock. 2) Guards shall possess the ability to positively interact with the diverse public, Hyatt personnel, the Management company (currently, Global Spectrum Limited Partnership) personnel and potential clients and/or promoters and staff who visit the facility. 3) Security lobby doors shall be locked at 5:00 PM and shall open at 6:00 AM. 4) Guards shall patrol the James L. Knight Center and the Miami Convention Center on the 2nd and 3rd shifts at least four (4) times per shift. 5) Guard shall lock and secure all doors, especially restroom doors. 7) Guard shall restrict the freight elevators' usage from the general public with the exception of authorized vendors and maintenance staff -- the Guard shall check with the General Manager. 8) Guard shall require any person asking for keys to sign -in on the log sheet -- no exceptions. 9) Guard shall not allow any parking in the loading dock unless authorized by the General Manager of the Management company. 10) Guard shall provide a light patrol during the 2nd and 3rd shifts. D. Required Equipment Radio or cellular phone. E. Work Schedule Will consist of the following three (3) shifts: 1) 7:00 AM to 3:00 PM. 2) 3:00 PM to 11:00 PM. 3) 11:00 PM to 7:00 AM Page 50 of 75 Request for Proposals (RFP) 295279,2 2. Miamarina at Bayside 401 Biscayne Boulevard A. Type of Guard: Level 1 B. Number of Guards: One (I) C. Duties/Standard Operating Procedures 1) One (1) unarmed Guard (both capable of speaking and writing in English) covering the marina from the east and south, along the ICW Sea Wall, Piers A, B, C, the interior basin east and south sea walls. to the west and north, along Pier Five (5) from Slip One (1) to Slip Thirty -Five (35). 2) Contractor shall work with the Facility Manager to set up routes and schedules (a diagram copy of marina and station routes shall be available to all Guards). 3) Guards shall be provided with a marine VI -IF radio by the Marina, for communication with Marina customers during their shift. 4) Contractor shall provide Guard with a cell phone or commercial radio for communicating with the Contractor Watch Commander or for calling 911 for emergencies 5) Contractor shall create watch stations at preset locations throughout the Marina and shall provide Guards with an electronic watchman's clock to record stops during each route -- upon request, Contractor shall furnish the Marina with hard copies of the Guard routes. 6) Each Guard shall be required to punch and sign their own time card at the beginning and end of each shift; Guards are prohibited from punching or initialing any other Guard's time card. 7) Each Guard shall maintain and turn in a signed shift log to the Marina staff at end of each shift. Any incidents, reports of suspicious activities, or interruptions to Station rounds shall be recorded in the shift log. 8) The entire Marina shall be patrolled at a minimum of once (1) per hour using alternating routes. D. Required Equipment 1) VHF Radio and 2) Cell Phone/Commercial Radio. E. Work Schedule 10:00 PM to 8:00 AM, seven (7) days a week, unless otherwise specified by the Marina Manager. 3. Marine Stadium Marina 3501 Rickenbacker Causeway A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures 1) One (1) unarmed Guard capable of speaking and writing in English for coverage of the Marina: from the east in the Maintenance area, to the west at the gate to the Rickenbacker marina, through the boatyard, and along the floating staging docks. 2) Contractor shall work with the Facility Manager to set up routes and schedules (a diagram copy of the marina and station routes shall be available for all Guards). 3) Contractor shall create watch stations at preset locations throughout the marina and shall provide Guards with an electronic watchman's clock to record stops during each route -- upon request, Contractor Page 51 of 75 Request for Proposals (RFP) 295279,2 shall furnish Marina with hard copies of Guard routes. 4) Guard shall be accompanied on first and last shift Station route by Marina staff, Guard shall be provided with a list of all boats left in the water at close of the Marina and signed by City staff, Guard shall return this list, updated to the Marina staff at the end of the shift, Guard shall maintain and turn in a signed shift log to the Marina staff at the end of each shift, any incidents, reports of suspicious activities, or interruptions to station rounds shall be recorded in the log, Guard shall be provided with a current schedule of boat owners, listed alphabetically, and updated weekly, Guard shall request identification and record all persons entering the marina thereafter closure of the facility. 5) Guard shall be provided with a marine VHF radio by the Marina, for communication with Marina customers during each shift. 6) Contractor shall provide the Guard with a cell phone or commercial radio for communicating with the Contractor Watch Commander or for calling 911 for emergencies. 7) The entire Marina shall be patrolled at a minimum of two (2) times per hour, using alternating routes. D. Required Equipment 1) VHF Radio 2) Cell Phone/Commercial Radio E. Work Schedule 5:00 PM to 8:00 AM, seven (7) days a week, unless otherwise specified by the Marina Manager. 4. Dinner Key Marina (DKM) 3400 Pan American Drive A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures 1) One (1) unarmed Guard capable of speaking and writing in English shall provide coverage for the Marina: from the south near the Seminole Boat Ramps, to the north along the sea wall north of City Hall, and throughout all piers. 2) Contractor shall work with the Facility Manager to set up all routes and schedules (a diagram copy of the Marina and station routes shall be available for all Guards). 3) General Responsibilities: a. Guards shall assist in maintaining proper order throughout the Marina. b. Guards shall patrol and check piers, bay walk, and parking lot for suspicious activities. c. Guards shall verify the identity of unknown persons and tradesmen accessing the piers and facilities. d. Guards shall work with Marina staff in allowing access for approved mechanics, tradesmen, and guests accessing piers with Marina authorization. 4) Contractor shall work with the Facility Manager to set up routes and schedules (a diagram copy of Marina and station routes shall be available for all Guards). 5) Guard shall be provided with a marine VHF radio by the Marina, for communication with Marina customers during each shift. 6) Contractor shall provide Guard with a cell phone or commercial radio for communicating with the Page 52 of 75 Request for Proposals (RFP) 295279,2 Contractor Watch Commander or for calling 911 for emergencies. 7) Contractor shall create watch stations at preset locations throughout the Marina and shall provide Guards with an electronic watchman's clock to record stops during each route -- upon request, Contractor shall furnish Marina with hard copies of Guard routes. 8) Each Guard shall maintain and turn in a signed shift log to the Marina staff at the end of each shift -- any incidents. reports of suspicious activities, or interruptions to station rounds shall be recorded in the shift log. 9) The entire Marina shall be patrolled at minimum of once (1) per hour, using alternating routes. D. Required Equipment 1) VHF Radio 2) Cell Phone/Commercial Radio E. Work Schedule Twenty-four (24) hours per day, seven (7) days a week, unless otherwise specified by Marina Manager. 5. Dinner Key Mooring Facility 3600 S.W. 27th Avenue A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures 1) One (1) unarmed Guard with a radio and an electronic watchman's clock (Contractor provided); both English/Spanish speaking; covering the dinghy dock and Dinner Key Mooring Facility Harbormaster's office area only; Contractor shall be responsible for ensuring all Guards assigned are familiar with station routes and standing post orders; and routes shall be set up by the Marina Management and the Contractor. 2) Each Guard shall be provided with a marine VHF hand-held radio by the Marina, for communication during each shift -- Guards shall be responsible for maintaining the equipment in good working condition. as well as for damage or loss. 3) Each Guard shall be required to punch and sign their own time card at the beginning and end of each shift; Guards shall be prohibited from punching or initialing any other Guard's time card. 4) Each Guard shall maintain and turn in a signed shift log to the Marina staff at the end of each shift -- any incidents, reports, suspicious activities, or interruptions to station rounds shall be recorded in the shift log and verbally communicated to the Marina staff at end of each shift. 5) A complete circuit of the property shall be conducted no less than two (2) rounds per hour using alternating routes. D. Required Equipment 1) VHF Radio 2) Cell Phone/Commercial Radio E. Work Schedule 6:00 PM to 7:30 AM, seven (7) days a week, unless otherwise specified by the Marina Manager. 6. Curtis Park (Stadium only) 1901 N.W. 24th Avenue Page 53 of 75 Request for Proposals (RFP) 295279,2 A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following,: 1) making rounds; 2) closing and locking of all gates and doors at closing time; 3) prevention of unauthorized entrances and access to the stadium (field usage by City permit only); 4) prevention of unauthorized usage of the track (no bicycles, skateboards, etc.); 5) shall speak English; and, 6) shall operate the radio to contact the Supervisor and/or Police Departments to report incidents when necessary. D. Required Equipment Radio. E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 7. Elizabeth Virrick Park 3255 Plaza Street A. Type of Guard: Level 2 B. Number of Guards: One (I) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) making rounds, inclusive of parking lots; 2) closing and locking of all gates and doors at time of closing; 3) identifying vehicles that do not have authorization to enter the Park grounds; 4) operating a radio for contacting the Supervisor and or Police Department of incidents when necessary; and, 5) capable of speaking and writing in English. D. Required Equipment Radio. E. Work Schedule Twenty-four (24) hours a day, seven (7) days a week. 8. Charles Hadley Park/Pool 1300 N.W. 50th Street A. Type of Guard: Level 2 (Level 3 shall be required for Memorial Day through Labor Day ONLY) B. Number of Guards: One (1) Page 54 of 75 Request for Proposals (RFP) 295279,2 C. Duties/Standard Operating Procedures General responsibilities shall include, but are not limited to, the following: 1) making rounds, inclusive of the parking lots; 2) the closing and locking of all perimeter gates at closing time; 3) reporting of incidents to the Park Manager; 4) the writing of reports for possible solutions to problems Park staff may be unaware of; 5) capable of speaking and writing in English; and, 6) operating a radio to contact the Supervisor and/or Police Department concerning different incidents when necessary. D. Required Equipment Radio. E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 9. Maximo Gomez Park (Domino Park) 801 S.W. 15th Avenue A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) the making of rounds; 2) the closing/locking of gates and doors at the time of closing; 3) the reporting of incidents to the Park Manager; 4) the writing of reports indicating problems that are witnessed that Park staff may be unaware of for possible solutions; 5) Guard shall be bilingual (English and Spanish); and, 6) Guard shall operate a radio to contact the supervisor and/or Police Department and report incidents when necessary. D. Required Equipment Radio E. Work Schedule 9:00 AM to 6:00 PM, seven (7) days a week. 10. Athalie Range Park/Pool 525 N.W. 62nd Street A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures Page 55 of 75 Request for Proposals (RFP) 295279,2 General responsibilities shall include, but are not limited to, the following: 1) making rounds, inclusive of the parking lots; 2) closing and locking of all gates and doors at time of closing; 3) identifying vehicles that do not have authorization to enter the Park grounds; 4) operating a radio for contacting the Supervisor and/or Police Department to report incidents when necessary; and, 5) capable of speaking and writing in English. D. Required Equipment Radio. E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 11. Jose Marti Park/Pool/Gym 351 S.W. 1st Street A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) the making of rounds; 2) the closing and locking of gates and doors at closing time; 3) the reporting of incidents to the Park Manager; 4) the writing of reports indicating possible solutions for problems that Park staff may be unaware of; 5) Guard shall be bilingual (English and Spanish); and, 6) Guard shall operate a radio to contact the Supervisor and/or Police Department and report incidents when necessary. D. Required Equipment Radio E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 12. Grapeland Heights Park/Pools 1550 N.W. 37th Ave A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) the making of rounds; Page 56 of 75 Request for Proposals (RFP) 295279,2 2) the closing and locking of gates and doors at closing time; 3) the reporting of incidents to the Park Manager; 4) the writing of reports indicating possible solutions for problems that Park staff may be unaware; 5) Guard shall be bilingual (English and Spanish); and, 6) Guard shall operate a radio to contact the Supervisor and/or Police Department and report incidents when necessary. D. Required Equipment Radio E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 13. Morninaside Park/Pool 750 N.E. 55th Terrace A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) the making of rounds; 2) the closing and locking of gates and doors at closing time; 3) the reporting of incidents to the Park Manager; 4) the writing of reports indicating possible solutions to problems that Park staff may be unaware of; 5) Guard shall be bilingual (English and Spanish); and, 6) Guard shall operate a radio to contact the Supervisor and/or Police Department and report incidents when necessary. D. Required Equipment Radio E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 14. Little Haiti Cultural Center 212 N.E. 59th Terrace A. Type of Guard: Level 2 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) the making of rounds; 2) the closing and locking of gates and doors at closing time; Page 57 of 75 Request for Proposals (RFP) 295279,2 3) the reporting of incidents to the Cultural Center Manager; 4) the writing of reports indicating possible solutions for problems that Park staff may be unaware of; 5) Guard shall be bilingual (English and Spanish); and, 6) Guard shall operate a radio to contact the Supervisor and/or Police Department and report incidents when necessary. D. Required Equipment Radio E. Work Schedule 1) Weekdays: 10:00 PM to 6:00 AM. 2) Weekends (including holidays): 10:00 PM to 6:00 AM. 15. General Services Administration (GSA) 1390 N.W. 20th Street The GSA Compound includes a Fueling Station, a Body Shop, a Vehicle Staging Area, a Main Administration Building and Shop Repair Areas. A. Type of Guard: Level 1 B. Number of Guards: Two (2) C. Duties/Standard Operating Procedures General Responsibilities for the GSA Compound shall include, but are not limited to, the following: 1) Guard No. 1 shall patrol the grounds utilizing the facilityi;s Morse Watchman data collection system. 2) Guard No. 2 shall patrol the eastern portion of the compound at the main garage facility entrance and the fueling facility during the hours of operation. 3) Guards shall be required to patrol their respective areas every 20 minutes, logging into each predetermined security checkpoint using the Morse Watchman Data Recorder. 4) Guards shall be required to complete and submit detailed security reports. 5) Guards shall be capable of utilizing two-way radios. 6) Guards shall respond to routine and emergency safety and security -related requests. 7) When an incident or an emergency situation occurs, Guards shall always gather the appropriate information regarding the matter and immediately notify the security guard supervisor; the supervisor shall then submit a detailed report to the Fleet Manager. 8) Everything and anything unusual during the Guard tour of duties shall be written daily in their Security Officer Report. This includes any minor detail (e.g. lights being out, visitors in unauthorized areas, repairs that may be required, etc.) even though the Guard may feel it is not important, a daily written report shall be completed, signed, and submitted to the Fleet Manager's office. 9) The main entrance gate to the GSA Compound shall be locked at 12:00 AM midnight, Monday through Friday. The gate shall remain locked on weekends and holidays. D. Required Equipment Radio. E. Work Schedule Page 58 of 75 Request for Proposals (RFP) 295279,2 1) Guard No. 1: 9:00 PM - 5:00 AM, Monday through Friday; and 24 hrs on weekends and holidays. 2) Guard No. 2: 3:00 PM - 11:00 PM, Monday through Friday during hours of operation. F. Other The GSA Compound is open to City of Miami personnel from 6:00 AM to 12:00 AM midnight, Monday through Friday (closed on City recognized holidays). Access to the compound by the general public is prohibited. 16. Bayfront Park Management Trust (the Trust) Bayfront Park is a 32 acre public park, located at 301 N. Biscayne Boulevard, Miami, Florida 33132, in the Downtown Miami area -- adjacent to the Central Business District. It is the area located between the Bayside Market Place, the Hotel InterContinental, Biscayne Boulevard, and Biscayne Bay. A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Duties/Standard Operating Procedures General Responsibilities shall include, but are not limited to, the following: 1) A well maintained golf cart to ensure coverage of the entire facility. 2) A method of communication with the central guard office/supervisor, as well as the Miami Police Department. 3) Guard shall possess the ability to positively interact with the diverse public, both residents and tourists, who visit the facility. 4) Successful Bidder shall provide the Trust with a proposed security plan for the facility which will then serve as the standing orders for the security personnel. 5) Security personnel shall provide the Trust with daily reports of activities in the park, with incident reports for any unusual events or activities. 6) Successful Bidder shall provide a Guard who speaks English, and when necessary, a guard with the additional ability to speak a language(s) other than English. 7) The Successful Bidder shall supply the name and telephone numbers, including beeper numbers, of at least two (2) company individuals with the authority to make management decisions or address issues of concern to the Trust. 8) The Successful Bidder shall provide the Trust with evening, weekend, and holiday service, as necessary, to cope with an emergency situation which threatens public health and safety, as determined by the Trust. Contractor shall furnish on the bid form a 24-hour telephone number in the event of such an emergency. D. Required Equipment 1) Radio. 2) A well maintained golf cart to ensure coverage of the entire facility. E. Work Schedule Twenty-four (24) hours a day, 7 days a week, including holidays. 17. Miami Riverside Center (MRC) Building 444 S.W. 2nd Avenue, Miami, Florida A. Type of Guard: Level 1 Page 59 of 75 Request for Proposals (RFP) 295279,2 B. Number of Guards: Six (6) C. Duties/Standard Operating Procedures 1) General Responsibilities shall include. but are not limited to, the following: The ability to patrol grounds on foot and/or via golf cart; patrol inside and outside buildings; staff the MRC main entrance security desk; ensure compliance with facility standard operating procedures; provide detailed security reports; utilize two-way radios; respond to routine and emergency safety, security -related requests, and call -outs; respond to security and fire -safety alarms; operate the facility's fire alarm panel; operate building security management system software; perform other security -related functions as required; be cordial with the public; have the ability to deal tactfully and effectively with the public and employees; and always represent the City in a positive manner. 2) Specific Duties: a. A Guard shall be stationed at the MRC main entrance security desk (i§front lobby deski-) at all times 24 hours per day and seven (7) days per week. Exception is allowed only when handling an incident or an emergency situation which requires additional security guard assistance. b. If and when available, a minimum of one (I) Guard is to cover each of the following areas: the MRC front desk, the I.D. table, the metal detector machine, the City employee entrance way, and the patrol route (inside and outside of the facility). Coverage locations may be deleted and/or added at the discretion of the MRC Facility Manager. c. A Guard shall randomly patrol the inside and outside perimeter of the MRC facility, including the parking garage and parking lots. d. Guards may switch positions upon mutual consent with the Security Guard Supervisor's authorization. Guards may not be together at the same post at any moment while on duty. Exception is allowed only when switching positions and when handling an incident or an emergency situation which requires additional security guard assistance. e. When an incident or an emergency situation occurs, the Guard shall always gather the appropriate information regarding the matter and immediately notify the Security Guard Supervisor, the MRC Facility Manager and the appropriate authorities. The Guard shall always write an Incident Report and submit to the Facility Manager's office. f. It is extremely important that anything and everything unusual during their tours of duty, is written daily in their Security Officer Report. This includes any minor detail (e.g. lights being out, visitors in the cafeteria, repairs that may be required. fire alarms, etc.) even though seemingly insignificant. Write complete and precise Security Officer Reports, sign and submit daily to the Facility Manager's office. g. Guards shall be familiar and knowledgeable of all applicable, established, modified MRC policies and procedures. Said policies and procedures, including revisions/updates shall be provided by the Facility Manager to the Guards. 3) Facility Access Hours: a. Access Hours 1. The MRC building is open to the general public from 8:00 AM to 5:00 PM, Monday through Friday (and is closed on City recognized holidays). 2. The main entrance doors to the MRC building shall be locked at 6:00 PM, Page 60 of 75 Request for Proposals (RFP) 295279,2 Monday through Friday. The doors shall remain locked on weekends and holidays. b. General Public 1. The general public may enter the MRC building at 8:00 AM and remain in the main lobby area. At 8:00 AM the elevators shall be available to the general public. 2. Security Guards shall ensure that the general public does not access the elevators before 8:00 AM. 3. The general public wishing to visit the Building Department Permit Section may have their names added to the Building Department's Sign -In sheet located at the Security Guard I.D. table and available at 8:00 AM. 4. Access to the building after hours (after 5:00 PM) by the general public requires one of the following: visited departments shall notify Guards of visitors prior to their arrival. Guards shall maintain a record of all expected visitors, including the name and department authorizing entry. Upon visitor's arrival, Guard shall contact the visiting department and obtain access approval. Guards shall maintain a record of all visitors, including the name and department authorizing the entry. 5. After hour visitors shall be processed according to the identification requirements included in this document and the Sign -In Sheet. 6. The after hour Sign -In Sheet shall be submitted by the Guard on a daily basis to the MRC Facility Manager. c. City Employees 1. City of Miami employees carrying their City I.D. may be granted access to the MRC building. 2. Employees not carrying proper identification shall be required to follow the identification requirements as described in this document. 3. Access to the facility after hours or on weekends shall require that employees show their City I.D. and sign -in with the front desk Security Guard. The after hour sign -in log shall be submitted on a daily basis to the Facility Manager's office. 4) Identification Requirements to Access the MRC: a. All visitors shall show a valid photo I.D. (passport, driver's license, identification card or military identification) -- NO EXCEPTIONS. b. All visitor's handbags, purses, briefcases, packages, plans, etc. shall be searched or inspected before being allowed access to the building. c. City of Miami employees shall wear a City issued I.D. card at all times when inside the MRC or on its premises so as observable by the Security Guards. d. City employees not carrying their City I.D. shall go through the screening area and present a valid photo I.D. (passport, driver license, identification card or military identification) to the Security Guards. In the event that no I.D. is available, the employee's supervisor shall come down and pick-up the employee. The employee shall also sign -in with the Security Guard monitoring identifications. e. City of Miami Police Officers and Fire -Rescue personnel, when in uniform with a name tag, shall not have to wear a City I.D or sign -in. Page 61 of 75 Request for Proposals (RFP) 295279,2 f. Non -City Police and Fire -Rescue personnel, whether in or out of uniform, shall go through the screening area and present a valid photo I.D. g. The City of Miami Mayor, Commissioners and the City Manager shall not be required to wear a City I.D. or sign -in. Guards shall utilize the photographs displayed in the main lobby security desk to identify these officials and grant access to the facility. 5) Restricted Areas: The freight elevator is restricted to the general public with the exception of authorized vendors and maintenance staff. For all those authorized to use the freight elevator, Security Guards shall request and maintain that personi;s driver license while that person is in possession of the elevator key. 6) Main Lobby: Security Guard shall unlock the main lobby entrance doors at 8:00 AM and shall lock them at 6:00 PM, Monday through Friday. Lobby entrance doors shall remain locked on the weekends and holidays. 7) Cafeteria: a. Cafeteria doors shall be open at 7:00 AM and shall close at 3:00 PM, Monday through Friday. The Cafeteria shall remain closed on weekends and holidays. b. No one shall be allowed in the cafeteria after 3:00 PM with the exception of authorized Cafeteria personnel. Anyone found inside the Cafeteria area shall be immediately escorted out. Upon removal of the individual(s), Security Guard shall inspect the cafeteria and write-up an Incident Report. Report shall be forwarded on a daily basis to the MRC Facility Managers office. c. A Cafeteria after-hours exception shall be made for authorized City of Miami Union meeting(s). MRC Management shall be responsible for advising Security Guards of such Union meeting(s) or any other use authorized by the MRC Facility Manager. 8) MRC Parking Garage: a. The Parking Garage shall only be accessible to City employees with a parking access card or individuals with a valid disability permit. Concerning the same, exception shall be granted with prior coordination with MRC Management (e.g. key visitors such as judges, visiting attorneys, etc.) b. Security Guards shall verify City I.D. and disability permit cards for all those who press the i §Call Button and require access to the MRC Parking Garage. A record of all who enter the Parking Garage as a result of a "Call Button" shall be kept, including reason for access (e.g. forgot access card, special authorized permission by Management, etc.) and a weekly report shall be provided to the MRC Facility Manager's office. c. MRC parking access cards that are found shall be immediately returned to the MRC Facility Manager's office and shall be deactivated. d. Security Guards that observe or are made aware that employees are sharing or lending out their NIRC parking access card shall immediately report the incident to the Security Guard Supervisor and MRC Facility Manager's office. When possible, Security Guard shall record vehicle make, model, and tag. e. No vehicle shall be towed without the verification and approval of the owner of said vehicle. It shall be the responsibility of the vehicle's owner to advise the MRC Facility Management office that their vehicle shall be towed. No tow truck shall have access to the MRC Parking Page 62 of 75 Request for Proposals (RFP) 295279,2 Garage without the permission of the MRC Facility Manager's office. f. At the sole discretion of the MRC Management, booting of vehicles shall take place as a result of parking violations. Security Guards shall issue a warning before a vehicle is booted. g. In order to expedite traffic during normal working hours, the Parking Garage east vehicle ingress roll -up gate shall remain open from 6:00 AM to 6:00 PM, Monday through Friday. On weekends and holidays, this roll -up gate shall remain closed and will only open with a parking access card. All other roll -up gates shall remain closed and will only open with a parking access card. h. The garage pedestrian access door shall be unlocked at 6:30 AM and shall be locked at 6:00 PM, Monday through Friday. On weekends and holidays, the garage pedestrian access door shall remain locked. These doors can only be opened with an access card. i. The north and east entrance/exit driveways shall not be used as temporary or permanent parking areas. At the sole discretion of the Security Guard, exceptions shall be allowed for quick drop-offs and other rare circumstances (e.g. large sets of plans, etc.) Security Guards shall not allow anyone to park at these locations. Emergency vehicles are the exception. Anyone found permanently parked shall be a the risk of receiving from a written warning up to and including the towing of their vehicle. Security Guards shall record the tag numbers of City vehicles who also violate the north and east entrance/exit driveway's parking restrictions. On a monthly basis, a report listing violators shall be provided to the MRC Facility Management's office. Department Directors shall be notified of employees violating the north and east entrance/exit driveway parking restrictions. 9) MRC Parking Lots: a. Parking Lot No. 16 (across from the parking garage) shall be available to City employees with a valid City parking hanging tag and for persons with a valid disability permit. Non -employees parking in Lot No. 16 shall be monitored and ticketed by the Miami Parking Authority. Parking Lot No. 16 shall open at 6:00 AM and shall close at 7:00 PM, Monday through Friday. On weekends and holidays, gates shall remain locked. Security Guards shall require proof of City I.D. for access to Parking Lot No. 17 after 7:00 PM. b. Parking Lot No. 17 is available to the general public and for overflow of City employees. Employees shall display their City hanging tag. This Parking Lot is monitored by the Miami Parking Authorities. 10) Loading Dock Entrance: Loading dock doors shall remain locked at all times when not in use. They are only accessible by utilizing a special access card (limited to MRC Management staff). 11) Security Patrol Tour of Facility a. Prior to beginning the patrol tour, Security Guard shall follow the established Patrol Tour activation of Watchman apparatus procedures. b. The building perimeter patrol tour shall take place every day from 6:00 PM to 6:00 AM, Monday through Friday, and hourly on weekends, depending on weather conditions. c. Each Security Guard shall be assigned a pass code by 1VIRC Management. Security Guards shall never give their keys or key box pass code to anyone, including the relieving Security Guard. If a Security Guard removes these keys from the key box, the Security Guard shall be responsible for those keys while they are in their possession. When keys are not Page 63 of 75 Request for Proposals (RFP) 295279,2 needed or when relieved from duty, the Security Guard shall place them back in the key box. Upon departure of a Security Guard. the keys and key box shall be inspected and the pass code shall be deactivated by MRC Management. d. Security Guards shall make sure that the following is secured at the MRC facility including, but not limited to: assuring that all lights are shut off with light switches in the OFF position (including restrooms); checking all areas, including bathrooms, and ensuring that no one remains inside the building/area without proper authorization; ensuring that microwaves, coffee makers, etc. are turned off in the break rooms; checking for anything that seems unusual or suspicious (e.g. packages, boxes, envelopes, etc.); inspecting the facility and identifying any lights (indoors, outdoors, or in the parking lots) that are not operational or are malfunctioning; identifying any repairs or maintenance that needs to be reported to the MRC Management; inspecting the hallways and stairways and ensuring that any obstructions are immediately removed; inspecting the vending machine areas; inspecting and ensuring there are no suspicious packages and following the established procedures for addressing the same; and, ensuring that the loading dock and other doors are properly secured. e. In addition, ensuring that: 1. Security Guards inspect and observe elevator functions. At any moment that an elevator is found not working properly, malfunctioning. or out -of -order, the Security Guard is to immediately contact MRC Management, their Supervisor and complete the appropriate report, including the course of action taken. 2. Security Guards shall ensure that all telephone rooms, mechanical rooms and electrical rooms are locked at all times. Mechanical rooms shall be clear of debris. For anything found inside these rooms, the Security Guards shall immediately follow established Critical Incident Response procedures. Any person requiring access to the telephone, mechanical or electrical rooms shall have authorization from the MRC Facility Manager's office. 3. If any of these rooms are found unlocked, the Security Guard shall enter the room, conduct an inspection, and secure the room. The Security Guard shall reflect in the daily report the exact time that the incident was discovered and the course of action taken. 4. If anything unusual is found, the Security Guard shall immediately notify the Supervisor and/or the Police Department. 5. A Critical Incident Response Manual shall be provided to the Guards once assigned to this facility. D. Required Equipment 1) a Radio and 2) a Golf Cart. E. Work Schedule 1) Twenty-four (24) hours a day, seven (7) days a week, including holidays. 2) Six (6) Guards - on Weekdays. 3) Two (2) guards - on Weekends and Holidays. These Guards shall perform the following duties: Page 64 of 75 Request for Proposals (RFP) 295279,2 Guard 1 - working the X-Ray Machines; Guard 2 - checking I.D.'s; Guard 3 - scanning all documentation; Guard 4 - working the Metal Detector Machine; Guard 5 (Supervisor) - working the Front Desk assisting the general public; and, Guard 6 - patroling the IvIRC building and grounds. 18. South District Police Sub -Station 2200 W. Flagler Street, Miami, Florida A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Scope/Duties The Security Guards assigned to the South District shall be primarily responsible for the stations security and for the security for all parked vehicles at the same. 1) Security Guards shall wear a full uniform with their company patch clearly visible. 2) Security Guards shall be primarily stationed at the northwest entrance door of the station, where they can maintain constant vigilance of the parking area and the entrance gates to the station. 3) Security Guards shall maintain a work hours sign in/out log, where the guards name, arrival time, and departure time shall be maintained. 4) Security Guards shall monitor the automatic gates and watch for any civilian vehicles entering the compound. 5) Security Guards shall monitor any civilian vehicles that enter the rear parking area and ascertain if the vehicle belongs to an employee or authorized personnel. 6) Security Guards shall immediately report any unauthorized vehicles that enter the secured parking area of the Administrative or Front Desk Officers. 7) Security Guards assigned to the afternoon and midnight shifts shall walk the interior perimeter of the parking area once every half hour. 8) Security Guards shall make note of any civilian, non -marked police vehicle that have been parked in the parking lot for an extended period of time without moving and report the same to the Administrative Officers. 9) Security Guards assigned to the midnight shift shall make contact with the Front Desk Officer once every two (2) hours and relay any security concerns uncovered during the perimeter checks. 10) Security Guards shall maintain an hourly log documenting any activities that occur during their shift. Any non -City of Miami Employee visitors/contract workers shall be logged on the security log, with an arrival and departure time. The purpose of the visit shall also be logged. i.e. the cleaning crew, lawn maintenance, etc. 11) Security Guards shall not leave their post without authorization from the Administrative Officer or the Front Desk Officer. If the Security Guard has to leave for any reason, the Security Guard shall advise the Administrative Officer or Front Desk Officer of the reason for leaving and the expected time of their return. If for any unforeseen reason a Security Guard shall leave their post, the Security Guard shall notify the company and a replacement shall respond. Page 65 of 75 Request for Proposals (RFP) 295279,2 12) Security Guards shall monitor the parking of the marked vehicles and shall advise officers to move their vehicles if illegally parked within the compound. Security Guards shall report to the Administrative Detail any illegally parked police vehicles which are not moved and shall log the incident on the hourly log. The Administrative Sergeant shall follow up on any complaints. 13) Security Guards shall report and log any damage to the security fencing or wall, such as graffiti, etc. D. Required Equipment Radio E. Work Schedule Twenty-four (24) hours a day, 7 days a week, including holidays. 19. Central District Police Headquarter Building 400 N.W. 2nd Avenue A. Type of Guard: Level 1 B. Number of Guards: Two (2) C. Scope/Duties The Security Guards assigned to the Central District shall be responsible for the security at the main entrance, station lobby, and rear gate. 1) Main Entrance/Lobby Detail: a. The desk shall be manned by one (1) Guard seven (7) days a week, including holidays, during the hours of 7:00 AM - 11:00 PM. b. Each Guard shall be responsible for screening all visitors and vendors coming into the building. c. The Guard shall request an I.D. from each visitor and shall issue each a Fast Pass Photo badge indicating where the visitor is going in the building. Note: There shall be no need to keep a handwritten log of visitors because the Fast Pass system shall address this automatically. d. The Guard shall assure the building's safety by requesting that all visitors entering the building place all items (bags, boxes, purses, briefcases, etc.) through the Megatometer. e. The Guard shall ensure that each visitor passes through the metal detector before entering the main lobby area. f. The Guard shall immediately notify the Front Desk Officer or Administrative Officer of any suspicious person or package attempting to gain entry into the building. g. After completing steps d, e, and f immediately above, the Guard shall then send the visitor to the front desk Officer. 2) Rear Gate Detail: a. The Rear Gate Detail is manned seven (7) days a week, twenty four (24) hours a day including holidays. b. Each Guard shall be responsible for checking all visitors, vendors, and contractors etc. wishing to drive into the police compound. c. The Guard shall get an I.D. from each visitor inside the vehicle and then issue a Fast Pass Photo badge showing where in the compound the visitor(s) is going. If the Guard feels that Page 66 of 75 Request for Proposals (RFP) 295279,2 there are too many individuals inside the vehicle he/she shall tell the driver of the vehicle to enter the building through the main entrance/lobby of the Police Department. Note: there shall be no need to keep a handwritten log of visitors because the Fast Pass system shall address this automatically. d. The Guard. upon the visitors vehicle entering the rear gate, shall write down the tag number of the vehicle on a log and that log shall be maintained inside the Guard house. e. The guard shall make sure that all Police Department employees, both sworn and non -sworn use, their departmental issued key card to gain access to the police compound. If in the event an employee does not have his/her key card with them, the Guard shall request their I.D. prior to allowing the employee access into the police compound. f. The Guard shall immediately report any unauthorized vehicle and/or person that enters the police compound to the Front Desk Officer and/or the Administrative Officer. 3) All Security Guards: a. All Security Guards assigned to City of Miami Police Department Central District shall wear a uniform issued by their company, with their company patch clearly visible on the uniform. b. Security Guards shall maintain a work hours sign in/out log, with the date, Guards name, and arrival and departure times. c. All Security Guards shall maintain a shift log documenting any activities that occur during their shift and shall pass down this log to each new Guard for his/her shift. d. Security Guards shall not leave his/her post without authorization from the Front Desk Officer or the Administrative Officer. If a Security Guard has to leave his/her post for any reason he/she shall tell the authorizing person the reason for leaving and the expected time they shall be gone. If for any reason a Security Guard must leave his/her post, he/she shall immediately notify his/her company and a replacement shall respond to replace the Guard that is leaving. D. Required Equipment Radio E. Work Schedule 1) Guard 1: Main Entrance/Lobby, seven (7) days a week, including holidays, 7:00 AM - 3:00 PM (Shift 1) and 3:00 PM - 11:00 PM (Shift 2). 2) Guard 2: Rear Gate, twenty-four (24) hours a day, seven (7) days a week, including holidays, 7:00 AM - 3:00 PM (Shift 1), 3:00 PM - 11:00 PM (Shift 2), and 11:00 PM - 7:00 AM (Shift 3). 20. Police Auto Pound 300 N.W. 7th Street A. Type of Guard: Level 1 B. Number of Guards: One (1) C. Duties 1) The Security Company shall provide security and shall monitor the auto pound perimeters to insure that there are no breaks in the secured fenced areas of the auto pound. 2) Should the Security Company find an entry or subjects in the area, they shall immediately contact the complaint room to dispatch a police unit. Page 67 of 75 Request for Proposals (RFP) 295279,2 3) A log of incidents from the Security Company shall be forwarded to the auto pound detail on a weekly basis. D. Required Equipment Radio E. Work Schedule: 2:00 PM - 6:00 AM, seven (7) days a week, including holidays. 21. City Hall 3500 Pan American Drive A. Type of Guard: Level 2 B. Number of Guards: One (1)per shift C. Duties The Security Guards assigned to City Hall shall be responsible for the security at the front Main Entrance/Lobby area. 1) The desk shall be manned by one (1) Guard per six (6) hour shift, Monday through Friday. 2) Each Guard shall be responsible for screening all visitors coming into the building. 3) The Guard shall be responsible for keeping a handwritten log of visitors. 4) The Guard shall make sure all visitors are safe to enter the building by hand searching all items, (bags, boxes, purses, briefcases, etc.). 5) The Guard shall ensure that each visitor passes through the metal detector before entering the main lobby area. 6) The Guard shall immediately notify the Sergeant -at -Arms of any suspicious person or package attempting to gain entry into the building. D. Required Equipment Radio E. Work Schedule Two (2), six (6) hour shifts from 8:00 AM - 8:00 PM, Monday through Friday. May be required to work past 8:00 PM from time to time. 1) Shift 1 - 8:00 AM - 2:00 PM 2) Shift 2 - 2:00 PM - 8:00 PM 3.14. SPECIAL ASSIGNMENTS Guard services may also be requested occasion for special events sponsored by the City of Miami at these or other facilities. Notification of any non-scheduled work assignments of this nature shall be made by the appropriate Department representative to the Contractor at least forty-eight (48) hours prior to commencement of such assignments. These assignments and the number of Security Personnel required for service at each such site shall be determined and scheduled by the City. Additionally, Guard services may also be required for escort of a City employee to the City's treasury or to a bank, as designated by the City. 3.15. FAILURE TO PERFORM/PUNITIVE ACTIONS Should it not be possible to reach the Contractor or should remedial action not be taken within twenty-four (24) Page 68 of 75 Request for Proposals (RFP) 295279,2 hours of any failure to perform according to the Specifications in this IFB. appropriate reductions shall be made in the Contract payment. The City shall not pay for any scheduled services not received, such as time(s) a Guard is late to or absent from work. An appropriate hourly rate shall be deducted. An excessive amount of fines/deductions during the term of the Contract may result in the Contractor being cited for failure to perform in accordance with the Contract described above, and may result in the termination of the Contract. THE CITY SHALL CONDUCT PERIODIC INSPECTIONS OF UNMANNED FACILITIES TO ENSURE THE GUARD(S) ASSIGNED TO THIS LOCATION ARE PRESENT. SHOULD THIS INSPECTION REVEAL NO GUARD AT THE FACILITY, AND SHOULD THE SECURITY COMPANY FAIL TO NOTIFY THE FACILITY ADMINSITRATOR OF AN ABSENCE OR LATE ARRIVAL OF THE GUARD, THE ENTIRE SHIFT OF THIS GUARD SHALL BE DEDUCTED FROM MONIES OWED TO THE SECURITY COMPANY, AND PUNITIVE ACTION FEES SHALL BE ENFORCED. The City may choose to implement punitive actions with regards to Contractor's Management and/or Guard violations. Said violations which may result in a fine of $50.00 per violation to may include, but are not limited to, those listed below. A. Management/Administrative Violations (pertaining to its Security Personnel) 1) Not properly equipped. 2) No radio or inoperative radio. 3) Inadequate literacy. 4) Improper Licenses. 5) Inadequate training. 6) Lack of contract supervision. 7) Excessive hours on duty not assigned and/or approved by the City. 8) Reassignments to a post of any guard previously suspended from duty without City approval. 9) Violation of local, state, or federal laws, regulations, or ordinances which could adversely affect service provided to the City. 10) Difficulty in speaking and/or understanding the English language as well as in the ability to be understood by others. 11) Failure to notify the City of an arrest of an employee within a twenty-four (24) hour period. B. Security Guard Violations 1) Being under the influence of alcohol, drugs, or non-prescription medications. 2) Being late for duty. 3) Inappropriate behavior (reading, lounging, inattentiveness, etc.). 4) Sleeping on duty (may result in removal from post). 5) Failure to complete and submit report(s). 6) Failure to follow post orders. 7) Abandoning post. 8) Improper or badly soiled uniforms. Page 69 of 75 Request for Proposals (RFP) 295279,2 9) Failure to conspicuously display on person Security Officer licenses (D) while at any post. 10) Improper licensure (not on person, expired, etc.). 11) Failure to report to duty as scheduled. 3.16. SALARIES Hourly rates shall remain constant and. as such. higher hourly rates shall not be charged for weekend days, holidays. and special details. Proposers shall be aware that personnel requirements are subject to change based on the needs of the City and that no guarantees shall be made as to the number of hours afforded regardless of the number of personnel utilized by the City -- the hourly rate shall remain unchanged. 3.17. ACCESS Security Personnel shall not be accompanied in their work area or performance of their duties by acquaintances, family members, assistants, or any other person unless the City authorizes the same. Page 70 of 75 Request for Proposals (RFP) 295279,2 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instructions outlined below, observing format requirements where indicated. Proposals shall contain the information requested and in the order indicated. This information shall be provided for the Proposer and any Sub -Consultants to be utilized for the work contemplated by this Solicitation. Proposal Submittals which do not include the following items may be deemed non -responsive and may not be considered for contract award. Proposers shall submit responses in a hardcopy format, consisting of one (1) original and ten (10) copies, and in an electronic format via a CD-ROM. On-line submittals, via the Oracle System, shall not be accepted. Failure to do so may deem the Proposal non -responsive. PROPOSAL FORMAT THE RESPONSE TO THIS SOLICTATION SHALL BE PROVIDED IN THE FOLLOWING FORMAT -- FAILURE TO DO SO MAY DEEM THE PROPOSAL NON -RESPONSIVE. THE RESPONSE SHALL BE INCLUSIVE OF A "TECHNICAL PROPOSAL" AND A "PRICE PROPOSAL" EACH OF WHICH SHALL BE IN PROPERLY LABELED, SEPARATE SEALED ENVELOPES. A. TECHNICAL PROPOSAL -- SHALL CONSIST OF THE FOLLOWING: 1. Cover Page The Cover Page shall include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable; Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents shall outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, shall be clearly and consecutively numbered and shall correspond with the table of contents. 3. Executive Summary: Provide an Executive Summary describing elements contained within Proposer's Proposal, including such factors as Experience and Qualifications, Approach and Methodology to the Scope of Work, Financial Strength; and, information on Client References completing and submitting the Past Performance Evaluation Questionnaires. 4. Proposer's Experience and Oualifications a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. Proposer should include the name of the organization, business phone/fax/email address, contact person and federal tax ID. b) Provide a list of all principals, owners, or directors. c) Provide copies of all current licenses to provide said services in the State of Florida as per the Minimum Qualification Requirements section herein this RFP. d) Provide the name of the holder of the "NIB" State License, as per the Minimum Qualification Requirements herein the RFP and provide copies of the same. e) Provide (1) the number of years Proposer has been in existence, both nationally and in the Florida Page 71 of 75 Request for Proposals (RFP) 295279,2 market, providing proof of active status with the Florida Division of Corporations; (2) the current number of clients Proposer has, both nationally and in Florida, and (3) the primary markets served. Also, discuss specifically Proposer's involvement in providing such services, particularly in the South Florida market. 5. Proposer's Approach and Methodology to the Scope of Work a) Provide detailed plans addressing the following: 1. a staffing plan that includes an organizational chart showing key management personnel and identification of onsite management, inclusive of the number Security Guards and supervisors as reflected per the Specifications/Scope of Work section herein; 2. a technical operating plan describing the operating policies and procedures to be employed for the management and/or operation of all security services -- the Proposer shall also describe its approach to financial managment and administrative policies and procedures; 3. a transition plan from the current security guard services agreement in order to ensure a seamless transition (not applicable to the incumbent) in accordance with this Section herein this RFP; 4. the training methodology and approach to ensure all required training is accomplished, especially training of new employees -- also, any additional training which may not be outlined and/or required by this RFP; and, 5. the Proposer shall provide documentation demonstrating their ability to satisfy all of the Minimum Qualification Requirements as set forth in the Special Terms and Conditions Section of this RFP. b) Corporate Responsibility Proposers shall have a defined Corporate Responsibility Model that describes how they successfully integrate into the communities where they provide services, including their approach regarding compensating their employees. Proposers shall be good corporate citizens providing their employees with competitive wages, making a positive difference by supporting the local communities where they operate, and conducting themselves in an environmentally conscious manner. 6. Proposer's Financial Strength a) Proposer shall have a minimum of an "A" rating from Standard & Poor or Ivloody's as of the due date of this RFP, if the company has a rating from either of those two (2) agencies -- if the Recommended Proposer has no such rating because it is a non -stock organization or a non-profit entity and has no long-term debt, then the Recommended Proposer shall submit financial statements reflecting a strong financial position as the City may determine, including a strong asset to liability ratio indicative of the same. b) List the subcontractors or subconsultants and include a brief history of their background and experience. c) Provide any other information which the Proposer deems relevant to its organization and/or its ability to provide quality security guard services to the City. 7. Past Performance Evaluation Ouestionnaire Information Past Performance Evaluation Questionnaires from each of the three (3) Client References identified in the Attributes to the Header section herein the RFP shall be required of all Proposers. It shall be the Proposer's sole responsibility to send out the Past Performance Evaluation Questionnaires to each Client Reference with sufficient time for the Client Reference to complete and submit the same directly to the City. Please provide your Client References with the Past Performance Evaluation Questionnaires and cover letter attached to the Header section herein and request Page 72 of 75 Request for Proposals (RFP) 295279,2 that your Client References submit the completed questionnaires to Pablo Velez, Procurement Supervisor, via email at pvelez@miamigov.com or via fax at (305) 400-5340. THE CITY SHALL NOT ACCEPT CLIENT REFERENCE PAST PERFORMANCE EVALUATION OUESTIONNAIRES SENT TO THE PURCHASING DEPARTMENT BY THE PROPOSER. OUESTIONNAIRES SHALL BE SENT DIRECTLY TO THE PURCHASING DEPARTMENT BY THE CLIENT REFERENCE. IT SHALL BE SOLELY THE PROPOSER'S RESPONSIBLILITY TO ASSURE THE CLIENT REFERENCES PROPERLY COMPLETE AND SEND THEIR PAST PERFORMANCE EVALUATION OUESTIONNAIRES TO THE CITY IN ACCORD WITH THE INSTRUCTIONS PROVIDED ON THE SAME. The City reserves the right to verify any such information submitted in this process. Such verification may include, but is not limited to, speaking with Client References, reviewing any and all documentation for the same, site visitations, and any and all other independent confirmation of data as the City may deem necessary in its sole discretion. B. PRICE PROPOSAL -- SHALL CONSIST OF THE FOLLOWING: The Price Proposal shall be provided as part of the response submittal in a properly labeled, separately sealed envelope. The rates provided therein shall be addressed as part of the City negotiations with the Recommended Proposer. THE U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION'S WAGE DETERMINATION 2005-2119, AS REVISED JUNE 13TH, 2011, PROVIDES A BASE HOURLY RATE OF $10.61 FOR OCCUPATION CODE 27101, TITLE GUARD I. THIS BASE HOURLY RATE OF $10.61 SHALL BE THE MINIMUM ACCEPTABLE RATE FOR ALL THREE (3) SECURITY GUARD LEVELS. PLEASE NOTE THAT SUBMITTAL OF A LESSER BASE HOURLY RATE FOR ANY OF THE THREE (3) SECURITY GUARD LEVELS SHALL DEEM THE PROPOSAL NONRESPONSIVE. FAILURE TO SUBMIT THE PRICE PROPOSAL, IN A PROPERLY LABELED, SEPARATELY SEALED ENVELOPE SHALL DISOUALIFY PROPOSER FROM CONSIDERATION. Page 73 of 75 Request for Proposals (RFP) 295279,2 5. Evaluation Criteria 5.1. EVALUATION CRITERIA The Evaluation Committee shall evaluate, score, and rank all responsive proposals as follows: A. Technical Proposal (75 Points) Concerning this initial phase of the evaluation. the Evaluation Committee will evaluate and rate all proposals based on the criteria listed immediately below in this section. A Proposer may receive the maximum number of points or a portion thereof dependent upon the merit of its Technical Proposal, as determined by the Evaluation Committee. This phase of the evaluation process will consist of a review of the Proposer's Experience and Qualifications, Approach and Methodology to the Scope of Work, Financial Strength, Past Performance Evaluation Questionnaires, and Local Preference (if applicable), to assure quality services. Upon completion of this phase of the evaluation, including. the scoring and ranking, the Committee may choose to conduct oral presentation(s) with the Proposer(s), which the Evaluation Committee warrants for further consideration. B. Price Proposal (25 Points) Concerning this phase of the evaluation, Price Proposals shall be analyzed based on a comparison of the "Price Proposals" received. The lowest "Price Proposal" shall be given the whole of the maximum possible twenty five (25) points. Concerning the "Price Proposal" attached herein the Header section of this RFP, the "Total Estimated Hours" is based on a three (3) year usage analysis. For each level, the multiplication of the "Base Hourly Rate", the Proposer's "Marginal Mark -Up Multiplier", and the previously referenced "Total Estimated Hours" results in the "Adjusted Hourly Rate". THE U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION'S WAGE DETERMINATION 2005-2119, AS REVISED JUNE 13TH, 2011, PROVIDES A BASE HOURLY RATE OF $10.61 FOR OCCUPATION CODE 27101. TITLE GUARD I. THIS BASE HOURLY RATE OF $10.61 SHALL BE THE MINIMUM ACCEPTABLE RATE FOR ALL THREE (3) SECURITY GUARD LEVELS. PLEASE NOTE THAT SUBMITTAL OF A LESSER BASE HOURLY RATE FOR ANY OF THE THREE (3) SECURITY GUARD LEVELS SHALL DEEM THE PROPOSAL NONRESPONSIVE. The "Adjusted Hourly Rate" Total constitutes the Proposer's "Price Proposal" and is then applied to the following formula to determine the Proposer's "Price Proposal Points": (LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE PROPOSAL") x 25 POINTS (MAXIMUM PRICE PROPOSAL POINTS) = PROPOSER'S "PRICE PROPOSAL POINTS" This calculation will yield the "Proposer's Price Proposal Points" at an amount equal to or less than the total possible "Maximum Price Proposal Points". The points from both of the aforementioned phases of the evaluation will be added resulting in the Total Points for the whole of the Proposer's response submittal. The Evaluation Committee reserves the right to score and rank more or less than three (3) firms as it may deem in the City's best interest. Page 74 of 75 Request for Proposals (RFP) 295279,2 CRITERIA POINTS Technical Proposal 75 1) Experience and Qualifications (25 points) 2) Approach and Methodology to the Scope of Work (20 points) 3) Financial Strength (10 points) 4) Past Performance Evaluation Questionnaires (15 points) 5) Local Preference, if applicable (5 points) Price Proposal 25 TOTAL 100 Page 75 of 75 EXHIBIT B KENT SECURITY TECHNICAL AND PRICE PROPOSALS Please see the attached Kent Security Services, Inc., technical and price proposal submittals. Contract Hourly Rates: Security Guard, Level I: $10.61 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.44 =Adjusted Contract Hourly Rate: $15.28 Security Guard, Level II: $10.61 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.44 = Adjusted Contract Hourly Rate: $15.28 Security Guard, Level III: $15.00 (Base Hourly Rate to Security Guard) x Marginal Mark-up Multiplier: 1.31 = Adjusted Contract Hourly Rate: $19.67 In no event shall total cumulative annual compensation under this Agreement exceed Three Hundred Fifty Thousand Dollars ($350,000.00). 12. Kent Security Base Hourly Rate Level! $ 10.61 Level II $ 10.6. Level III $ 15.00 Markup Adjusted Hourly Rate: Est. Hours: Total Annual Cost: $ 4.67 $ 4.67 $ 4.67 15.28 15.28 19.67 43000 $ 7600 $ 100 $ 657,040.00 116,128.00 1,967.00 $ 775,135.00 Crystal Report Viewer Page 1 of 10 City of Miami Master Report Resolution R-13-0142 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamiaov.com File ID #: 12-00735 Enactment Date: 4/11/13 Version: 2 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 295279. THAT KENT SECURITY SERVICES, INC., IS THE HIGHEST RANKED FIRM FOR THE PROVISION OF SECURITY GUARD SERVICES CITYWIDE; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS CITYWIDE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TI.ME OF NEED; AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST RANKED FIRM OF SECURITY ALLIANCE. LLC: FURTHER AUTHORIZING THE CITY MANAGER. SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD HIGHEST RANKED FIRM OF P.G. SECURITY. INC. D/B/A/ PLATINUM GROUP SECURITY; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. Reference: Introduced: 6/22/12 Name: Provision of Security Guard Srvcs. Requester: Department of Cost: Final Action: 4/11/13 Purchasing Notes: Sections: Indexes: Attachments: 12-00735 Legislation.pdf, 12-00735 Summary Form.pdf, 12-00735 Memo - Selection of Eval. Committee for RFP.pdf, 12-00735 Memo - Recomm. of Eval. Committee for RFP.pdf, 12-00735 RFP #295579 - Security Guard Srvcs. Citywide.pdf, 12-00735 Exhibit l.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/18/2013 Crystal Report Viewer Page 2 of 10 1 Office of the City 1/31/13 Reviewed and Attorney Approved 1 City Commission 2/14/13 DEFERRED http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/18/2013 Crystal Report Viewer Page 3 of 10 A motion was made by Michelle Spence -Jones, seconded by Wifredo (Willy) Gort, that this matter be DEFERRED. Note for the Record: Item RE. 11 was deferred to the April 11, 2013 Commission Meeting. Chair Samoff: All right. I think I misnamed this, but let's go to RE.11. I know there are people been sitting out there for a while. So is Mr. Robertson --? There you are. Ken Robertson. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. RE.1 l is a resolution accepting the recommendation of the City Manager approving the findings of the Evaluation Selection Committee, pursuant to RFP (Request for Proposals) 295279, that Kent Security Services is the highest ranked firm for the provision of security guard services citywide; and authorizing the City Manager to negotiate and execute a professional services agreement for a period of three years, with options to renew for three additional one-year periods. Commissioner Spence -Jones: Mr. Chairman, I do have a question, but I don't know -- Chair Samoff: Do you want to do a motion first or you want to just ask your question? Commissioner Spence -Jones: Let me ask my question first. Chair Samoff: Go ahead. You're recognized for the record, Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you. I guess what I really wanted the Purchasing director to kind of just clear up. 1 know that one of the things that we've been briefed on or my office has briefed on was based upon the understanding that we had was that the City had no performance issues with Kent, correct? Mr. Robertson: Correct. We have no negative performance evaluation documentation on form for Kent Security. Commissioner Spence -Jones: All right. I think the issue, however, had something to do with prior payment concerns? Mr. Robertson: Correct. There are some historical compliance issues with the current contract with regard to our living wage ordinance. A complaint was filed in early 2011 from some covered employees who work for Kent. At the time, I audited their payroll from April 2009 through the then current period and found some areas of noncompliance, but Kent then brought those payments whole to the workers who were being underpaid the then current rate. Now at dispute with regard to that is which rate are we talking about. This contract was awarded back in April of 2007. When the bids came in, there was a certification question that asked all bidders, Do you provide a health benefit plan for your employees? Kent s certified answer to that question was yes. When the contract was awarded and per our living wage ordinance, there are two hourly rate structures: the hourly rate for employees who have a benefit plan and a rate that's S1.25 higher per hour for those employees who do not have a health benefit plan. As awarded for the first four years of that contract prior to receiving the living wage complaint, the contract had been always administered from day one with only one hourly rate in the contract, assuming that all employees had a health benefit plan. From that point of view, there may be areas of noncompliance that have not been addressed prior to July 18, 2011. And I agree that if the Commission would like to look into that, that's certainly an option with regard to our current contract. Our current contract has an audit rights and records retention clause for three years. We can look at any records for the last three years upon final payment of the current contract. With regard to responsibility, Kent has been very responsive and responsible in terms of providing all documentation that I've asked of them. We've resolved the issue and Kent has certified compliance with living wage from July 18, 2011 through today. I have complete audited certified payroll from April 2012 through today for the whole year and everything is in compliance. They're paying the correct rates. Now the question is, Kent has been our contractor, performs very well for the last six years. This issuc never came up for the first four years of the contract, so how do we proceed at this point? What would you like to do? Commissioner Spence -Jones: All right. Let me just say this. First of all, I have no issues with Kent, the people that work here. Many of the folks that actually work here live in the City, live in the district, you know, and they're hardworking people, so this is not about Kent. I think that — and as a matter of fact, up until yesterday when we had our briefmg, I really didn't have an issue with it 'cause I definitely don't want to hurt people that are hardworking people and they're just doing their jobs. My concern became -- came around was -- was centered around the issue of http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/18/2013 Crystal Report Viewer Page 4 of 10 the City's living wage ordinance, and to my understanding, that there was some back pay that some of those employees never received. So then the question became, how to re -- award a new contract if they have not made -- you know, made those employees whole. So if I can just -- if you don't mind and my fellow — I don't know if you guys were aware of this. I didn't get it until yesterday. I'd like for them to at least -- the group that's here to at least put on the record their concerns, if you don't mind, Ken -- Mr. Robertson: Of course. Commissioner Spence -Jones: — so that -- and is Kent here? Oh. you're here. Okay. good. So this is not about. you know -- we love the employees that work here; they're great and they're hardworking people. But you know. if there is something that's owed to these employees, you know, I want to make sure that there -- that it is going to be resolved 'cause it's a little unfair to folks that have to try to take care of their family. So do you want to at least put something on the record because our Purchasing director has, you know, basically kind of stated that it's been handled, right? Mr. Robertson: The noncompliance has been handled with regard to the way the contract was awarded in terms of the lower hourly rate and the living wage ordinance. There has been back payments for the lower rate. The question is -- and both parties may have differing opinions on this matter -- is the entitlement to pay back payments using the higher rate when the employees declined the health benefit plan that was offered to them by Kent. Commissioner Spence -Jones: Okay. I just want her to put -- if you don't -- I want to just be respectful and put something on the -- Vice Chair Gort: The question is, we pay them for the highest hourly rate, right? Mr. Robertson: No. We were paying throughout the entire contract term the lower rate with a then marginal multiplier Commissioner Spence -Jones: And this -- Mr. Robertson: — to come up with our contract rate. Commissioner Spence -Jones: Right. And this included the living wage, right? Mr. Robertson: It was always at the correct living wage every April 1, but we awarded it using the lower rate. assuming that there was a health benefit plan provided. Vice Chair Gort: My understanding was you stated that if they had a health program, they would be paid less if they didn't have it. Mr. Robertson: Correct. So that's why -- Vice Chair Gort: If they had -- Mr. Robertson: -- we award at the lower rate. Vice Chair Gort: Okay. Chair Sarnoff: But the City, you could argue, had an expectation that they weren't forcing the employees to pay the dollar or dollar something for that health plan. 'Cause when we paid the lower wage, we didn't expect that then -- that would also then be the employees having to pay for their health insurance. That's -- I think that's -- Mr. Robertson: Correct. Chair Sarnoff: -- where we are. Mr. Robertson: There is the legal argument on both sides as to what they're required to pay. http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/18/2013 Crystal Report Viewer Page 5 of 10 Chair Samoff: And I think this comes down to intent, not necessarily what the document says. which oftentimes, you know, at our level of government, it is about intent, not so much about who wrote the better contract or who wrote the more artful section. Go ahead. You could be recognized for the record. Elizabeth Kennedy: Thank you, Commissioners. My name is Beth Kennedy. I'm the political director for SEIU (Service Employees International Union) Local 32BJ, here in Florida. As it sounds like you're already aware, Kent Security failed to pay its workers the living wage as required by its contract. We filed a demand letter in April of 2011 requesting that the City order Kent to pay them their living wage. to give them their eamed back pay for the prior two years and to pay damages to the City, as per the contract, the $500 per worker for each week that Kent failed to pay the living. wage. The request for two years of back pay from the date of the demand letter is because that is the statute of limitations in City code and the City has full authority and an obligation to enforce its ordinance and recover wages back to April of 2009. The total of the wages owed is $275,702.15 that averages to $1,734 for each of the 159 affected workers. This also equals $3.88 million in fines that the City may legally demand from Kent Security, and I'm sure you can think of quite a few programs that could use a $3 million boost. Kent Security claims that because the health coverage was simply offered, they were justified in paying a lower wage. However, coverage was so expensive that workers could not access it. They chose not to enroll and, thus, they were not ensured by Kent's provider. Kent was not paying for their health coverage, and they were not paying the legally required corresponding higher wage. This tactic is despicable and it flies in the face of the City's intent for workers to have access to affordable health coverage, not to mention it is an unscrupulous practice that puts other contractors who choose to play by the niles at a disadvantage. In February of 2012, we wrote to the City Manager since the back pay issue had still not been addressed. That was almost a year later. And then in March of 2012, we had a meeting with the Mayor. with the Procurement director, and with the Budget director. In that meeting, we discussed the significant back pay liability that still existed in both A, the City's obligation to enforce code and recover wages, and B, the authority that the City had to withhold payment from Kent in order to recover that money for the workers. The Procurement director agreed that, in that meeting, he would file a final demand letter to Kent for the unpaid back wages before bringing the issue to the City CFO (Chief Financial Officer) to decide on whether to withhold payment. We subsequently provided calculations based on payroll records provided to us by the City on what remaining back pay Kent owed. It added up to the S275,000 figure that I previously mentioned. Mr. Robertson never verified the information, nor did he issue a demand letter to Kent as he had agreed to do in that meeting. It has been suggested that the workers have the option to file a legal action in court to recover these wages. Frankly, we find this an insult to suggest that in lieu of the City enforcing its own laws through the mechanisms outlined in the code, that instead, workers who earn wages near the federal poverty line should have to pay a lawyer to recover money owed to them. It has also been suggested that if Kent is not rehired, the current workers will be out of a job, which is not correct. There's a worker retention clause in the City's RFP, and we have spoken to Security Alliance, who's the next contractor on the list. They have assured us that they are committed to retaining all the current security workers. and 1 have a signed document to that effect. Finally, there's been a concern expressed that the City will lose its leverage to recover back pay if Kent is no longer contracted with the City. Frankly, Kent has been contracted for the entire span of this complaint and nothing has happened. There is no reason to believe that would change if they were awarded another City contract. Rather, if the City exercises the option to debar Kent Security, they will be forced to note that debarment on any future bid and to explain the circumstances. I think many would agree with me that the City renewal of Kent's contract is tacit approval of their choice to avoid paying workers according to the law. Contracts and ordinances are just words on a page until the people elected to represent us actually do something to make them count. Today is the day you need to make the City's words count. Hold Kent Security accountable. Do not reward a company that refuses to abide by its contract and it thumbs its nose at the taxpayers and at workers making near poverty wages. Do not let this slide. Allow these workers the dignity that they deserve and show that the City of Miami is committed to enforcing its contracts, enforcing its laws. and to doing what is right. Thank you. Chair Samoff: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Samoff: You're recognized. Commissioner Spence -Jones: I allowed for you to speak, but I want to be respectful to Kent. I don't know if Kent wants to put anything on the record or you okay with what the Procurement director is representing. You can't -- got to talk on the mike. http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/ 18/2013 Crystal Report Viewer Page 6 of 10 Chair Samoff: You got to come up to the mike. Jerry Tollefsen: Jerry Tollefsen. I'm the director of Kent Security for the City of Miami. Our attorney did send a letter to Mr. Robertson highlighting how we did comply with all the particular requests that the City made. There was an audit done of our wages, and we -- except for some issues, we were in compliance. So I don't know what else to actually tell you. Commissioner Spence -Jones: The back pay that they're speaking of or that she spoke of and that Ken spoke of, how -- from the -- the pay in which the individual workers are still owed, was there a resolution to --? Is there going to be a resolution to them getting the payment at all? She -- 1 think she mentioned it's like close to S 1,200 per employee. It's two hundred and seventy something. Does Kent plan on making sure that the employees get that back pay? Mr. Tollefsen: Well, we -- No. Actually, Commissioner. my understanding is -- of the issue is exactly how our attorney responded in a letter to Mr. Robertson and to all the Commissioners, that we were, in fact, in compliance. Commissioner Spence -Jones: Yeah. But he -- Ken just said you -- Kcn -- I just want to make sure -- okay, thank you. I just wanted to give you an opportunity to put something on the record. Mr. Tollefsen: Right. Thank you. Commissioner Spence -Jones: Mr. Robertson, can you come back up, please? And I'm not the only one that has any questions on this. They may have as well. But -- so the -- what the young lady just put on the record, is that -- is there truth to what she's saying? Is there anything you want to dispute? Mr. Robertson: Yes. Commissioner Spence -Jones: She mentioned that -- Mr. Robertson: As a result of the -- Commissioner Spence -Jones: One second. Mr. Robertson: I'm sorry. Commissioner Spence -Jones: She mentioned a meeting that was had in City Hall and that there was a demand letter that was stated that would come out of that meeting. Did we not send the letter? Mr. Robertson: The demand letter from March 2012 resulted in a meeting between the parties, as she mentioned. As a direct result of that meeting, actually, the issue of the S1.25 differential that we were talking about was addressed and it was opined that we should be paying the higher amount. Kent fully obliged that request by back paying through July 18, 2011, not prior to that. So if the intent is that you would like the higher rate paid retroactively even further, back to April 1, 2009, this Commission has the authority to direct that to happen. You can request a full audit of the contract requiring that the higher rate be paid. That higher rate was never administered in the contract when it was awarded more than six years ago in April 2007. Commissioner Spence -Jones: So why wasn't it included in there? Mr. Robertson: The contract was awarded using the lower rate because there was a representation in the bid that Kent Security provided a health benefit plan for their employees. Throughout the entire contract term and when I started with the City Purchasing Department in August of 2010, the contract had already been administered in that fashion for over three years. Commissioner Spence -Jones: So you just -- you were actually just taking on -- http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.btml 4/ 18/2013 Crystal Report Viewer Page 7 of 10 Mr. Robertson: Correct. Commissioner Spence -Jones: Is there any other resolution to the 275? Is there any other resolution? I mean. because at this point -- Mr. Robertson: That figure would be -- Commissioner Spence -Jones: -- I mean, at this point, I hate to see the workers lose what basically is, you know, due to them. you know. I mean -- Mr. Robertson: And I agree with that as well. The contract has an audit rights clause. This Commission can order a full audit of the contract back through April 1. 2009, which is the statutory limitation. I guess. as was referenced. If there are any findings, then. yes, the Commission has several options per the living wage ordinance. You may impose damages in the amount of S500 per week for each covered employee. You may suspend or terminate payment under the service contract, and you may declare the service contractor ineligible for future contracts. But this ordinance uses the word City, and in this particular context, City means the City Commission, not me, as the Purchasing director, or the City Manager, or anyone else. Chair SarnotT: So let me try to wrap this up 'cause -- in a way that I think maybe it's understood. The City paid the lower rate believing -- I think is a fair way to describe it -- that the employees were receiving health care benefits. Otherwise. we would have paid the higher rate with the anticipation the employees would buy their own health insurance. The actual complaint -- so we know — here's what we're going to walk away with. July of 2011, they've been paid. The next question is, How far back should we go? Ken showed me some documcnts that the complainant said it should go back to April 1, 2010 until March 31, 2011. We know they haven't been paid through that amount. Now, ironically, we don't have a living wage anymore. We did away with that. And the question is, What is the best way to achieve whatever public policy we decide? Is it to keep Kent on board and have leverage over them? Or is it to say to Kent, you're simply -- you heard me say this -- I don't think you're a responsible contractor for the City? Or is it to turn around and maybe say, why don't we delay this for 60 days and possibly say to Kent. you know, there're some Commissioners that have some concerns here and they'd like to see their concerns addressed before they administer and vote for a contract. Commissioner Spence -Jones: And that sounds like a great idea to me. I just feel very uncomfortable with taking a vote on something when I know that there arc families that will be affected by our vote. And if there's something that's owed to these employees, I mean -- and I love the employees; they're great. They work hard, you know. They live in our city, which is awesome, so -- you know, and I would hate to see, quite frankly, another contractor come on to take that business and then I got to rely on the fact that they are going to pick up every single employee. That's just not a -- we've done that before and there were comments that were made that they would, and then some of those employees lost their jobs. So I'm very uncomfortable with trusting something that I don't really know and waiting for that new company to say, yes, I'll take on all these people. Right now Kent is here. The employees are happy. I'm sure they're listening out there in the lobby wondering whether or not they're going to have jobs. And in this economy, no one needs to feel in any way that they don't have -- you know, they don't have anything to take care of their families. But I do like the Chairman's suggestion, and that was to, perhaps, come back in 60 days. Maybe there's a positive resolution that can be made with both groups to at least lighten the blow from the family members or the individuals that are employees of Kent. Vice Chair Gort: Second the motion. Commissioner Spence -Jones: So -- Mr. Robertson: Mr. Chairman -- Chair Sarnoff: Yes, sir. T., e,.to.,.l F . ,,, ,.t.tit:.,.,n1 4/1 d.,,.. „lo.,.a I.00., .., ...:...1 http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/18/2013 Crystal Report Viewer Page 8 of 10 .v wucttauu. -- u l ulay. l V CAICUU Inc w1ICllt wuuact wuu ticm WI all auwuuual UV uaya -- yu:aac l WCN III MIMI that the contract expires next Friday -- said extension would require mutual agreement. There are no more extension provisions in the contract that would not require their mutual consent. So if they could put on the record their agreement to such an extension. Chair Samoff: Well, wouldn't their nonperformance be a very loud statement to the City of Miami? Wouldn't -- if they just decided not to go forward under these circumstances, wouldn't that tell us exactly how they feel? Mr. Robertson: Yes, but barring any formal document authorizing the extension prior to its expiration, the contract will die. Chair Samoff: Okay. Commissioner Spence -Jones: But he just needs him to put it on the record. Vice Chair Gort: Yeah. Chair Samoff: Can you step up, Mr. Kent Security? Tomlinson (sic], I apologize. Mr. Tollefsen: That's okay. Chair Samoff: Would you accept -- Mr. Tollefsen: Yes, sir? Chair Samoff: -- a 60-day extension of your contract? Mr. Tollefsen: I will bring that to the -- my CEO (Chief Executive Officer), and I believe he will. 1 mean, we've been on extension since April of this -- yeah, April. It expired in April -- last April. Chair Samoff: So you don't have the authorization to tell us right here and right now whether you could accept the 60-day extension? Mr. Tollefsen: I can tell you that I honestly believe he will accept the 60-day extension. Chair Samoff: Okay, you're telling us you'd recommend it. You just don't know what he'd do with it. Mr. Tollefsen: Well, I think he's going to go with my recommendation. He has -- Chair Samoff Why don't -- tell you what, why don't we table this for ten minutes. get on the phone, and you can come back and say he's good with it or he's not good with it. Mr. Tollefsen: That's fine. We can do that. Chair Samoff: All right. Commissioner Spence -Jones: Okay. Chair Samoff All right, so we're going to table this. And -- Vice Chair Gort: Mr. Chairman. Chair Samoff You're recognized, Commissioner Gort. http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/ 18/2013 Crystal Report Viewer Page 9 of 10 v ice l.nair lion: Let me as a question. one of tile things we requested in the past is -- no, that s au ngnt. tine or ute things we requested in the past is if a contract's going to be due and we're going to have to go to an RFP, why don't we do it with enough time so we don't have to have this kind of problem where we have to make a decision, and if we don't make a decision. we're not doing it correct? Mr. Robertson: I totally agree. This RFP was advertised last May. The RFP yielded a tremendous number of proposals that required a lot of due diligence. We received 15 sets of proposals in response to this RFP. We had to deem seven of those nonresponsive through a very formal due diligence process. Eight of them were formally evaluated. The evaluation took several months Ionizer than we anticipated because of those difficulties. We were anticipating having the RFP done much sooner than this Commission meeting. Vice Chair Gort: Any suggestion you can come up with so that we can expedite some of these things, we'll appreciate it. Mr. Robertson: Of course. Everything my department does has to be in writing so -- Vice Chair Gort: 1 understand. Mr. Robertson: -- it is labor intensive and it does take a while. We were not expecting 15 sets of proposals in response to this RFP. Vice Chair Gort: That was good, though. Okay. Thank you. Chair Samoff: Thank you. Later... Chair Samoff: All right. I think we tabled RE.1 1. And I think you're back and -- Mr. Tomlinson [sic], you're back. Mr. Tollefsen: Tollefsen. Chair Samoff: Thompson [sic], I apologize. Thompson [sic]. Mr. Tollefsen: That's okay. No. We want to do what's in the best interest of the City. And if you feel like 60 days extension of the contract is in your best interest, that's what we will do. Chair Samoff: Okay, great. So we were then contemplating a motion -- Commissioner Spence -Jones: To -- Chair Samoff: -- to continue -- Commissioner Spence -Jones: -- defer? Chair Samoff: -- it for 60 -- yeah, a motion to continue for 60 days with the contract to remain in place. Is that a fair one? Okay. Do I hear that from Commissioner Spence -Jones? Commissioner Spence -Jones: So move. Chair Samoff: All right. Vice Chair Gort: Second. Chair Samoff: We have a motion and we have a second. It is just a resolution. All in -- http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/18/2013 Crystal Report Viewer Page 10 of 10 Mr. Hannon: Chair, my apologies. Do we have a date for the — ? Do we want to move it to April 11? Is that what we're talking, or May 9? Chair Samoff: Sixty days is -- what's this? February, March -- April. Mr. Harmon: Yes. sir, April 11. Chair Samoff Is that satisfactory, Commissioner? Commissioner Spence -Jones: Yes. Chair Samoff: Okay. All in favor, please say "aye." The Commission (Collectively): Aye. The motion carried by the following vote: Aye: 3 - Wifredo (Willy) Gort, Marc David Samoff and Michelle Spence -Jones Absent: 2 - Frank Carollo and Francis Suarez 2 City Commission 4/11/13 ADOPTED WITH MODIFICATIONS A motion was made by Wifredo (Willy) Gort, seconded by Frank Carollo, that this matter be ADOPTED WITH MODIFICATIONS. The motion carried by the following vote: Aye: 4 - Wifredo (Willy) Gort, Marc David Samoff, Frank Carollo and Francis Suarez Absent: 1 - Michelle Spence -Jones 2 Office of the Mayor 4/15/13 Signed by the Mayor Office of the City Clerk 2 Office of the City Clerk 4/15/13 Signed and Attested by City Clerk http://egov.ci.miami.fl.us/LegistarWeb/temp/repF8C8.html 4/ 18/2013